TERMS OF SERVICE

1. OVERVIEW

These terms of use (the “Terms”) mandate the terms on which the users (“You” or “Your” or “Yourself” or “User”) access and register on the web based platform 'champbuddy.com' and mobile application (collectively, the “Platform”), operated and managed by Big Plus Ventures Private Limited, incorporated under the Companies Act, 2013, having CIN U72900DL2021PTC387528 and its registered office at B3/45, 3rd Floor, Janak Puri, West Delhi, Delhi-110058 (“Company”).

The Terms are an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as applicable. The Terms are (i) published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and (ii) generated by a computer system and does not require any physical, electronic, or digital signatures by the Company.

By clicking on the 'Send OTP' button and adding the one-time password (OTP)' received by You on Your registered mobile on the Platform, or by downloading and/or installing the mobile application or accessing or using the mobile application or any of the content available within the mobile application from any device, You expressly accept these Terms and the Privacy Policy and agree to be legally bound by them. Further, by furnishing Your personal information to the Company or giving Your consent to the Company to access Your personal information for the purpose of rendering the Services (as defined below), You also agree that You are interested in availing the Services through the Platform in accordance with these Terms.

The Company retains an unconditional right to modify or amend these Terms and shall notify You of the same. You can determine when these Terms were last modified by referring to the “Last Updated” legend above. Your acceptance of the amended Terms shall signify Your consent to such changes and agreement to be legally bound by the same.

The terms and conditions herein shall apply equally to both the singular and plural form of the terms. Whenever the context may require, any pronoun shall include both the corresponding masculine and feminine form. The terms as defined herein shall also read as such in the Privacy Policy as well as the Disclaimer of the Website.

2. SERVICES

The Company provide the platform for career guidance from Industry Professionals , online counselling from Industry Professional, conducting various workshops and webinars, gamified aptitude test where the students learn at their own pace and test their aptitude and skills in the subject of their interest with open gamified test, providing learning aids with personalized Assessment through Articles, case studies, Industry Development and Insights Pack, Top based dictionary, slow motion illustrative videos, AutoCAD based rendered images, etc.

The aforementioned services shall be collectively referred to as the “Services”. The Company may, at its discretion, add, modify, or remove any of the Services listed above from time to time without special notice. The Company may also, at its discretion, have terms and conditions specific to any category or section of services in addition to these Terms and Your purchase of any of such category or section of services shall also be governed by such additional terms and conditions. The Company reserves the right to provide the Services in any area or city in India, as may be determined by the Company in its sole discretion. Before applying or registering for availing any of the Services, we request you to please check if the Services are available in Your area or city.

The Company does not:
(i) adopt any 'unfair trade practices' either on the Platform or otherwise with respect to the Products and Services; and
(ii) discriminate between Users of the same class or makes any arbitrarily classification of the Users.

3. ELIGIBILITY TO USE

Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act,1872 shall be eligible to register for the Application and all Our products or Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for Our products or Services. As a minor, if You wish to use Our products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of Our Application or any of Our products or Services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the products or Services You warrant that all the data provided by You is accurate and complete and that the student using the Application has obtained the consent of a parent/legal guardian (in case of minors). The Company reserves the right to terminate Your subscription and / or refuse to provide You with access to the products or Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Application.

Further, the user can be below the age of 18, however the payment to be made to avail the services shall be done by the parents/guardian/person above the age of 18 years.

4. USER ACCOUNT, PASSWORD, AND SECURITY

In order to access the Services on the Platform, You will have to register on the Platform by providing details as may be required by the Company and provided for in the Privacy Policy (“Account”).

You shall ensure and confirm that the Account information and all information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, or if any information is found to be incomplete or incorrect, You shall promptly update Your Account information on the Platform or request the Company for information revision or update. If You provide any information that is untrue, inaccurate, unauthorised, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to refuse any and all the Services. The Company reserves the express right to refuse access to the Services at any time without notice for Your failure to abide by the Terms as set forth herein or to comply with applicable laws through the Platform.

5. CHARGES

The Company shall charge the fee for the services provided as mentioned in the platform. The services mentioned in the platform are subject to payments and you accept to pay for using the services in advance.

You undertake not to raise any dispute qua the consideration amount for the services in any manner whatsoever as you have agreed to the same out of free will and without any undue influence and further accepts that the Company shall be entitled to raise or reduce the consideration amount for the services rendered and user shall not have any right whatsoever to contest or raise objection or interfere with the decision making of the company.

The Company uses third party payments providers to receive payments from user. There might be delays or erroneous transactions execution or cancellation due to payment issues for which the Company shall not be held responsible. There shall be utmost care by the Company to work closely with the third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.

You agree to bear all applicable taxes, charges cess etc. levied on the services being rendered to you as notified by the Central/State Govt. time to time, unless already included in the price offered.

6. USE OF PLATFORM

Subject to compliance with the Terms, the Company hereby grants you a limited sub-license to access and make personal use of the platform, but not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of the Company. Such limited sublicense does not include/permit any resale or commercial use of the platform or its contents; any collection and use of any services, descriptions, or prices; any derivative use of the platform or its contents; any downloading or copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools. You agree to use the Platform only:
(a) for purposes that are permitted by the Terms;
(b) in accordance with any applicable law, regulation or generally accepted practices or guidelines; and
(c) for availing the Services through the Platform. You agree not to engage inactivities that may adversely affect the use of the Platform by the Company and/or other Users.

You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.

The platform or any portion of the platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of the Company

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the platform or of the Company and/or its affiliates without the express prior written consent of the Company.

You may not use any meta tags or any other “hidden text” utilizing the Company's name or trademarks without the express prior written consent of the Company.

You shall not attempt to gain unauthorized access to any portion or feature of the platform, or any other systems or networks connected to the platform or to any server, computer, network, or to any of the services offered on or through the platform, by hacking, 'password mining' or any other illegitimate means.

Further, You undertake not to host, display, upload, modify, publish, transmit, store, update or share any information that:
- belongs to another person and to which the User does not have any right;
- 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;
- is harmful to child;
- infringes any patent, trademark, copyright, or other proprietary rights;
- violates any law for the time being in force;
- 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;
- 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;
- contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource;
- 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;
- disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites;
- violate the Terms contained herein or elsewhere; and
- reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use, and transact on the Platform.

You understand and acknowledge that by using the Platform or any of the Services, You may encounter Content that may be deemed by some Users to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Platform and any Services at Your sole risk and that to the fullest extent permitted under applicable law. The Company shall have no liability to You for Content that may be deemed offensive, indecent, or objectionable to You.

We highly discourage user to share personal contact information or ask personal information to and from the Influencers/Subject Matter Experts while interacting. It is recommended that all the communications between the User and the Influencers/Subject Matter Experts shall be over the Company's Platform only i.e. via Champbuddy protocol and email interface. Any communication happened between the User and the Influencers/Subject Matter Experts outside the Company's Platform i.e. via Champbuddy protocol and email interface, the Company shall not be responsible for

There shall be no liability of the Company whatsoever for any content/communication exchanged between the User and the Influencers/Subject Matter Experts outside the Company's Platform i.e. via Champbuddy protocol and email interface. Further the Company shall not be responsible for any communication made by Influencer/Subject Matter Experts outside the scope of the services / carrier guidance / personal derogatory remarks or anything which is not relevant to the subject matter.

The services rendered by the Influencer/Subject Matter Experts shall further be governed by the separate agreement executed with them.

7. COPYRIGHT & TRADEMARK

The Company, its suppliers/partners and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Platform. Access to or use of the platform does not confer and should not be considered as conferring upon anyone any license, sub-license to the Company's intellectual property rights. All rights, including copyright, in and to the platform are owned by or licensed to the Company. Any use of the platform or its contents, including copying or storing it or them in whole or part is prohibited without the express prior written consent of the Company

You may not modify, distribute or re-post anything on the platform for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. Access to or use of the platform does not authorize anyone to use any name, logo or mark in any manner. References on the platform to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you after having express consent from third parties and do not in any way constitute or imply the Company's endorsement, sponsorship or recommendation of the third party, the information, its product or services.

The Company is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third-party websites, you do so entirely at your own risk and expense.

8. OBJECTIONABLE MATERIAL

You understand that by using the platform or any services provided on the platform, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the platform and any service at your sole risk and that to the fullest extent permitted under applicable law, the Company and its affiliates shall have no liability to you for any content that may be deemed offensive, indecent, or objectionable to you.

9. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT

(I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,

(II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR

(III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL

(I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR

(II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

10. INDEMNITY

You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon a breach of any warranty, representation or undertaking in this User Agreement, or arising out of a violation of any applicable law (including but not limited in relation to intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights). This clause shall survive the expiry or termination of this User Agreement.

11. LIMITATION OF LIABILITY

The aggregate liability of the Company, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event extend beyond refund of the money charged from a user for purchases made pursuant to an order under which such liability has arisen and been established.

It is acknowledged and agreed that notwithstanding anything to the contrary, the Company shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.

12. TERMINATION

This User Agreement is effective unless and until terminated, either by you or by the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the platform. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the platform.

The Company's right to any comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for service(s) already placed from the platform or affect any liability that may have arisen under the User Agreement prior to the date of termination.

13. CONTESTS

A. REWARD POLICY--- “DINNER WITH YOUR PARENTS”

“Dinner with your Parents” is a reward policy where the User(s)/Participant(s) who have registered with their complete information as required for registration process, on the platform are randomly selected by the Company through a computer-generated random method.

The selection is purely random and on the basis of chance to win.

Once the User is selected, he shall be entitled to a prize i.e. Dinner Voucher worth Rs.5,000/- (maximum) by the Company against which he shall visit to selected Five Star Hotel by the Company.

The Company reserves the right to select the particular Five Star Hotel.

The Company further reserves the right to issue Dinner Voucher by Zomato/Swiggy or voucher from Flipkart, in case of non-availability of Five Star Hotel services in the locality or for any other reason deem fit by the Company.

The Company reserves the discretion to the total number of vouchers.

No responsibility is accepted for any registration entries that are incomplete, unreadable, ineligible, corrupted, misdirected, lost or delayed or are unable to be identify due to technical or transmission failures of any kind or any other reason.

The Dinner Voucher will reach within one month of the announcement of the winners. In the event of a dispute, the winner's entitlement is subject to the sole discretion and final decision of the Company. Prizes must be taken as they are and are strictly not refundable or exchangeable for cash or extendable in validity.

B. REWARD POLICY--- “WEEKLY QUESTION BEE”

By participating in this reward policy/contest, the participants can get a chance to win prize i.e. Cricket kits/Guitars, Badminton Rackets and many more for participant's School.

The Participant in the contest must ask a query under the 'Weekly Question Bee' on any Topic and submit the same to the Company. The Company after accepting the same shall submit a pdf report containing 10 points answer to the query raised by the participant. The Participants shall be entitled to the prize if he/she get 50 more such queries referred from his/her School under 'Weekly Question Bee'.

The prize shall be given to the School of the Participants.

A & B shall be governed by the Terms and Conditions mentioned hereinafter

By participating in the Reward Policy, you agree to all of the T&Cs mentioned herein. If you do not agree with the T&Cs mentioned herein, you are requested to refrain from participating.

The reward policy and gratifications are property of the Company. Company reserves the right to cancel or amend all or any part of it without notice for any event that is outside the reasonable control of the Company.

Participation after or before the specified dates does not hold the Company liable for any Rewards.

By entering, you hereby declare that all information submitted by you in your registration is true, accurate and complete in every respect. Company reserves the right to verify any information contained in your Entry and/or your eligibility to avail the reward.

13.16. This reward is subject to the laws of India and is not offered outside of India. These terms and conditions are governed in accordance with the laws of India. Any dispute shall be subject to the exclusive jurisdiction of Delhi.

The Company may change the contest dates, gratification, and right of participation at any given time, without prior notice. You are requested to keep yourself updated about the same.

Absolute and final discretion about any aspect of the reward policy will be with the Company. You agree that the Company (and any third party authorized by the Company) may use your registration or details (whether or not it wins the Contest) for any promotional purpose.

You agree to indemnify the Company for all such damages (including but not limited to IPR) that the Company or its group companies may suffer for using your entry.

All queries must be addressed to customercare@champbuddy.com

The registration is not linked, directly or indirectly, to purchase of any product or service from the Company.

Each entrant acknowledges and agrees that to the fullest extent permitted by laws, the Company has the right to seek damages or other remedies from any entrant, responsible for such attempt, if any attempt to deliberately damage any website or undermine the operation of this contest would be made. By participating in this reward policy, you agree that no claim shall be asserted against the Company, affiliates or any of their respective directors, officers, employees or agents in respect to any and all losses or injuries (including without limitation special, indirect or consequential losses), damages, rights, claims or actions of any kind whatsoever that result from your participation in this contest and/or your acceptance and enjoyment of the prize.

The Company shall not be responsible for any loss or damage, if it has to discontinue or cancel this reward in compliance with any law, ruling, order, regulation, requirement or instruction of any Central/State Government, or for any other unavoidable reason beyond their control. Users/Participants shall be informed of such discontinuance/cancellation as soon as possible. entries will be void where prohibited or restricted by law. The Company reserves the right, at any time, to verify the validity of entries, entrants (including an entrant's identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Company's discretion. Failure by the Company to enforce any of its rights at any stage does not constitute a waiver of those rights. Incomplete, indecipherable or incorrect entries are not eligible to win.

The Company has the right to dismiss participant's entry at its sole discretion including but not limited to pertaining any of the following conditions: (i) Use of false or other people's personal information for entry; or (ii) Usage of any software program or unfair means or any other means to get added advantage over the other contestants; or (iii) Multiple entries using multiple accounts. Income tax, gift tax or any other statutory levies as may be applicable from time to time, arising out of the gift shall be payable by the winner(s). The Company is not liable for any of these charges.

The Company shall not be liable for any damage/loss of prize due to incorrect address or any other incorrect information/or any information not provided by the winner. In the event of a death of the prize winner, no claim from the nominees or legal heirs of the prize winner will be entertained for receiving the prize. It is strictly prohibited to post entries, language & photographs that contain expressions of hate, abuse, offensive photographs or conduct, obscenity, pornography, sexually explicit, hurting sentiments of any religion, community or country or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions or the Advertising Code. Further the user hereby confirms that he/she shall be entering his/her own views and posting original photographs taken by him to which the Company does not subscribe and indemnifies the Company in personal capacity in all manner whatsoever against any action taken by the authorities.

The Company, its agents and representatives, its parent companies, affiliates, subsidiaries, advertising, promotion and fulfilment agencies and legal advisors are not responsible for and will not be liable for (I) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures or difficulties of any kind; (II) failed, incomplete, garbled or delayed computer transmissions; (III) any printing or typographical error in any material associated with the contest.

Limitation-of-Liability: Except when prohibited by law and to the extent that the negative consequences are the results of matters within the reasonable control of the Company and are the direct consequence of negligence, the breach of these Official Rules or other defaults by any of them, the Company is not responsible for any incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the Website, for the inability to upload or download any contest-related materials from the Website, if any, or for late, lost, damaged, misdirected, delayed, garbled, inaccurate, stolen, incorrect or incomplete Entries. The maximum liability of the Company under any circumstances or claims shall be limited to the cost of the prize offered. The Company is not responsible for any injuries, losses or damages of any kinds caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in this contest.

14. GOVERNING & JURISDICTION

The User Agreement shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder.

Subject to the Arbitration clause, the Courts at Delhi shall have exclusive jurisdiction over any proceedings arising in respect of the User Agreement.

15. ARBITRATION

Your use of the Services is also governed by the following:

All disputes, controversies and differences arising out of or relating to this Agreement, including a dispute relating to the validity or existence of this Agreement (“Dispute”) shall be referred to and resolved by arbitration in Delhi, India under the provisions of the Arbitration and Conciliation Act, 1996; provided that, to the extent a party may suffer immediate and irreparable harm for which monetary damages would not be an adequate remedy as a result of the other party's breach or threatened breach of any obligation hereunder, such party may seek equitable relief, including an injunction, from a court of competent jurisdiction, which shall not be subject to this Section. The arbitration tribunal shall consist of sole arbitrator appointed by the Company within fifteen (15) days from the date of first recommendation for an arbitrator in written form for a party to the other. The language of the arbitration shall be English. As part of the terms of the appointment of the arbitrator, the arbitrator shall be required to produce a final and binding award or awards within six (6) months of the appointment of the sole arbitrator. Parties shall use their best efforts to assist the arbitrator to achieve this objective, and the parties agree that this six (6) month period shall only be extended in exceptional circumstances, which are to be determined by the arbitrator in its absolute discretion. The arbitral award passed by the arbitrator shall be final and binding on the parties and shall be enforceable in accordance with its terms. The arbitrator shall state reasons for its findings in writing. The parties agree to be bound thereby and to act accordingly. All costs of the arbitration shall be borne equally by the parties.

16. INDEPENDENT CONTRACTOR

The Company and User are independent contractors and nothing contained in this Agreement places the Company and User in the relationship of principal and agent, partners or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party or to obligate or bind the other party in any manner whatsoever.

17. GOVERNING LAW; JURISDICTION

The conduct of Company shall be governed by the applicable laws of India, which shall take precedence over any terms or conditions prescribed herein. Courts at New Delhi shall have jurisdiction on dispute arising hereunder.

18. ENTIRE AGREEMENT

This Agreement, including policies and documents incorporated by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

19. HEADINGS.

The headings herein are for convenience only and are not part of this Agreement.

20. CHANGES TO THE AGREEMENT OR THE SERVICES

We may change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on our website for at least thirty (30) days after the changes are posted and will indicate, at the bottom of this Agreement, the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services.

21. SEVERABILITY

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

22. WAIVER

No failure or delay by you or the Company to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

23. ASSIGNMENT; SUCCESSORS

You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of the Company. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. We may assign our rights and obligations under this Agreement and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

24. FORCE MAJEURE

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

25. CONTACT INFORMATION

If you have any questions about this Agreement or in case of query with respect to any of the services rendered by the Company, please contact us by email at customercare@champbuddy.com