TERMS AND CONDITIONS FOR E-COMMERCE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR USE OF THIS SITE AND YOUR LEGAL RIGHTS . IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THIS SITE. Your use of this Site constitutes your knowledge, understanding, and acceptance of the Terms, and your agreement to be bound by the Terms. We will post a notification on this Site in the event of any material changes to these Terms. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on this Site. Please check these Terms periodically for changes. Your continued use of this Site following our posting of any changes to these Terms means that you accept those changes. Certain areas within the Site may be governed by additional terms and policies (“Additional Terms”). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.
- We refer to CUREYA as “we,” “us” and “our.” But when we say “CUREYA Entities,” we mean CUREYA ; its suppliers, vendors, contractors, and licensors.
- When we say “CUREYA Sites,” we mean www.cureya.in , the CUREYA websites , apps , and all related functionality, services, and Content offered by or for CUREYA on or through www.cureya.in and the CUREYA website , apps or the systems, servers, and networks used to make the CUREYA Sites available.
- When we say “CUREYA Apps,” we mean the official “CUREYA App” for iPhone and Android, which can be downloaded from the iTunes App Store or the Google Play Store.
- When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
- When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the CUREYA Sites.
- When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the CUREYA Sites administrated by third-party social media platforms (e.g., Facebook , Instagram, Youtube , Linkedin ) that allow interaction with the CUREYA Sites through the tools offered by such social media platforms).
- When we say “Materials,” we mean Content that CUREYA Entities make available on or through the CUREYA Sites, including In SHOP information.
2. USE OF CUREYA SITE
You certify that the Content you provide on or through the CUREYA Sites is accurate and that the information you provide on or through the CUREYA Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. CUREYA is not responsible for any losses arising out of the unauthorized use of your account. You agree that CUREYA does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the CUREYA Sites. You agree that CUREYA is not a party to any such agreement, nor is CUREYA responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the CUREYA Sites or any portion of the CUREYA Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the CUREYA Sites or any portion of the CUREYA Sites.
- In connection with the CUREYA Sites, you will not:
- Make available through or in connection with the CUREYA Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Use the CUREYA Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the CUREYA Sites.
- Interfere with or disrupt the operation of the CUREYA Sites or the systems, servers, or networks used to make the CUREYA Sites available, including by hacking or defacing any portion of the CUREYA Sites; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the CUREYA Sites.
- Reverse engineer, decompile, or disassemble any portion of the CUREYA Sites, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark, or other proprietary rights notice from the CUREYA Sites.
- Frame or mirror any portion of the CUREYA Sites, or otherwise incorporate any portion of the CUREYA Sites into any product or service, unless you obtain CUREYA’s express prior written consent to do so.
- Systematically download and store any Materials.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the CUREYA Sites, without CUREYA’s express prior written consent.
- Cause injury to any person or entity.
- You will not use the CUREYA Sites or CUREYA’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a CUREYA trademark, logo, URL, or product name without CUREYA’s written consent;
3. CONTENT AND IDEAS
A . User Reviews , Comments , Submitting content & ideas and Submissions.
While CUREYA desires to receive feedback from its customers. Please do not send CUREYA any unsolicited creative or original concepts, ideas, materials or products, confidential or proprietary information, or the like (“Submission(s)”). If received, CUREYA is under no obligation to use or compensate you for your Submissions. CUREYA will not respond to you regarding your Submissions, and your Submissions will not be returned to you and will not be treated as confidential information.
CUREYA welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site, or any content or information you publish through any social media and allow CUREYA to feature, such as your name, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™) (collectively, “User Content”) as long as the User Content submitted by you complies with these Terms & Conditions. User Content will not include any photographs or images you submit as part of a Transaction (as defined below). You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and CUREYA assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to CUREYA a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to CUREYA the right to include the name provided along with the User Content submitted by you; provided, however, CUREYA shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in the User Content to use, and grant to third parties such as CUREYA the right to use, their name, image, voice and/or likeness without compensation to you or any other person or entity. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. CUREYA neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of CUREYA .
B. Prohibited Content
You agree that you will not make available Content in connection with the CUREYA Sites that:
- is false, fraudulent, inaccurate, or misleading;
- contains your full name(s), or any other confidential personally identifiable information of yourself or others;
- violates any local, state, federal, or international laws or is otherwise tortious;
- is protected by or would infringe on the rights of others (including CUREYA ), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
- is obscene, indecent, pornographic, or otherwise objectionable;
- is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by CUREYA in its sole discretion;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
- contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from CUREYA ;
- contains or relates to chain letters or pyramid schemes;
- impersonates another business, person, or entity, including CUREYA , its related entities, employees, and agents;
- violates any policy posted on the CUREYA Sites; or
- is intended to cause harm, damage, disable, or otherwise interfere with the CUREYA Sites or our partners.
4.MONITORING BY CUREYA
5.MATERIALS AVAILABLE ON CUREYA SITES
CUREYA and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The CUREYA Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the CUREYA Sites, we would appreciate it if you let us know by contacting us at firstname.lastname@example.org . (Your feedback is a big part of what helps CUREYA to get better at helping you!)
NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.
THE CUREYA ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.
6-AGE REQUIREMENTS :
CUREYA has no liability to you for content on the CUREYA Sites that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.
Age Requirements for General Use: Registration and participation on this Site is restricted to those individuals that are at least the age of majority in their state of residence and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on this Site, you hereby represent that you are the age of majority in your state of residence. If you are not of age, then you may use this Site only if your legal parent or guardian has accepted these Terms on your behalf and consented to your use.
Age Requirements for Purchases: YOU MUST BE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE AND FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES HEREIN, IN ORDER TO PURCHASE PRODUCTS ON THIS SITE. BY PLACING AN ORDER, YOU REPRESENT AND CERTIFY THAT ARE LEGALLY ABLE TO ENTER INTO ANY AND ALL PURCHASE AGREEMENTS WITH US AND OUR PARTNERS, VENDORS, AGENTS, AND SERVICE PROVIDERS.
Children’s Privacy: We are a general audience site and do not direct any of our content specifically at children under 18 years of age. By using this Site, you affirm that you are at least 18 years of age. IF YOU ARE UNDER 18 YEARS OF AGE, DO NOT USE THIS SITE. We understand and respect the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Site user is not at least 15 years of age, we will promptly delete any personal information in that user’s account.
CUREYA is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any CUREYA Entity, our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on CUREYA Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Health Foods and Dietary supplements Association (HADSA ) and NIN ( National Institute of Nutrition ) , are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with CUREYA’s return policy. It is your responsibility to ascertain and obey all applicable local, state, Central , and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.
A. Order Acceptance and Billing
Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.
B. Paying for Your Order
Generally, we’ll charge your payment method for an item when we ship the item to you or confirm its availability in store. For digital items, we’ll charge your payment method when you initiate the download of the product or the product is placed in your account and available for use.
Certain CUREYA Sites may permit or require the use of electronic receipts (“eReceipt”) for purchases made by you through a mobile device or other electronic device. Your eReceipt is a digital copy of your CUREYA in-store purchase receipt. Any use of the CUREYA eReceipt service is subject to the following additional terms:
- There is no charge from us to use CUREYA eReceipts, but your data service provider’s message and data charges may apply. CUREYA and text message carriers are not liable for delayed or undeliverable messages.
- We may alter, suspend, or terminate your use of CUREYA eReceipts at any time at our discretion, without notice to you. We are not responsible for any losses associated with your inability to access the Internet and/or CUREYA eReceipts. Requesting an eReceipt at the register will not automatically submit your eReceipt. Use of the CUREYA eReceipts service is subject to all applicable laws and regulations.
10. USER TRANSACTIONS
If you wish to purchase any product or service made available through the Site including items sold by CUREYA and items sold by a CUREYA Plus Partner (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to CUREYA the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. CUREYA reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
CUREYA or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.
11- LIMITATIONS ON QUANTITY
The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.
CUREYA does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. CUREYA reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.
We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
- Availability, Errors & Inaccuracies
If an item is out of stock, CUREYA or a CUREYA Plus Partner, may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if CUREYA , in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity, packaged with a trial sample, or with updated product packaging.
CUREYA ’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. CUREYA makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services, including for items sold by CUREYA Plus Partners. CUREYA , or CUREYA Plus Partners, reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
2.Pricing Information; Availability
CUREYA cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the CUREYA Sites or through Marketplace Retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. CUREYA reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from CUREYA . CUREYA may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
PROMOTIONAL CODES -Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.
13. SHIPPING AND DELIVERY
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the CUREYA Sites.
As a condition of the use of the Site, you agree to defend, indemnify and hold harmless CUREYA and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others. You may use the CUREYA Site only for lawful purposes. Activities including, but not limited to, tampering with any CUREYA site , misrepresenting the identity of a user, or conducting fraudulent activities, on the CUREYA Site are prohibited.
You may not violate or attempt to violate the security of the CUREYA Site , including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any CUREYA Site for unintended purposes or trying to change the behavior of any CUREYA Site ; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to any CUREYA Site , overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) forging communications on behalf of CUREYA Site (impersonating CUREYA ) or to any CUREYA Site (impersonating as a legitimate user). You may not send unsolicited or unauthorized email on behalf of CUREYA Site , including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of any CUREYA Site or any activity being conducted on any CUREYA Site . You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any CUREYA Site other than the search engine and search agents we provide and generally publicly available browsers.
16.DISPUTES & ARBITRATION ; APPLICABLE LAW
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. USING OR ACCESSING THE CUREYA SITES CONSTITUTES YOUR ACCEPTANCE OF THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY AS IT PROVIDES THAT YOU AND CUREYA WILL WAIVE ANY RIGHT TO FILE A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION FOR MATTERS WITHIN THE TERMS OF THE ARBITRATION PROVISION.
“Dispute” shall be interpreted broadly and include any claim or controversy arising out of or relating in any way to your relationship with CUREYA and its subsidiaries. This includes (1) e-commerce ; (2) use of CUREYA websites; (4) any service terms and conditions; and/or (5) any products or services offered, sold, or distributed by CUREYA including, but not limited to, the advertising of or the sales practices for such products and services.
In case any dispute arises between:
any of the concerned ‘end user’ and vendor ’ rendering his/ her services through ‘CUREYA ’; or
– any dispute arises between the concerned ‘end user’ and ‘CUREYA ’; or
The matter shall be referred for arbitration for resolution of dispute to Mrs. Aarti Jain, company secretary in practice, having his office in Ghaziabad, who shall be the arbitrator to resolve the said dispute. All the expenses for arbitration shall be borne by the party against whom the arbitration award is passed. In case there is a mutual settlement between the parties, the fee shall be borne by them either equally or as may be mutually decided between them.
Furthermore, all the proceedings for arbitration shall take place in Delhi at any such place as may be decided mutually between the parties.
By agreeing to arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. The rules in arbitration are different. There is no judge or jury, less discovery, and limited appellate review. Arbitrators can award the same damages and relief that a court can award. The arbitration will be administered by Indian Council of Arbitration (ICA) ,arbitration and conciliation act 1996 , “any dispute or difference whatsoever arising between the parties out of or relating to the meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by arbitration in accordance with the rules of arbitration of the Indian council of arbitration and the award made in pursuance thereof shall be binding on the parties.” the ica rules, including instructions for bringing arbitration, are available on the ICA website at http://www.icaindia.co.in/htm/clouse.htm.
You and CUREYA agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. This means that you may not purport to act on behalf of a class or any other person. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the arbitration proceeding. Further, unless both you and CUREYA agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court determines that public injunctive relief may not be waived and all appeals from that decision have been exhausted, then the parties agree that any claim for public injunctive relief shall be stayed pending arbitration of the remaining claims. If this specific paragraph is found to be unenforceable, then the entirety of this dispute resolution provision (except for the jury trial waiver) shall be null and void. Any amendments to this dispute resolution section shall be prospective only and shall not affect any pending arbitration proceeding.
Notwithstanding any of the foregoing, any dispute that falls within the jurisdictional scope and amount of an appropriate small claims court shall be brought in small claims court on an individual basis. In addition, either party may elect to bring an action in a court of competent jurisdiction to seek to enjoin infringement or other misuse of intellectual property rights.
If for any reason a claim may proceed in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
Terms & conditions otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.
- Agreement to binding arbitration
You and CUREYA agree that in the event of any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (1) the site or (2) the breach, enforcement, interpretation, application, or validity of these terms & conditions, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these terms & conditions (the “arbitration agreement”).
- Exceptions to arbitration
Notwithstanding the foregoing, in lieu of arbitration: (1) either you or CUREYA can bring an individual claim in small claims court in the india ,consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you agree that you or CUREYA may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
- Jury trial & class action waiver
Except as the terms & conditions otherwise provide, you and CUREYA acknowledge and agree that you are each waiving the right to a trial by jury. The parties further agree that any arbitration shall be conducted in their individual capacities and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and CUREYA may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim.
17.MODIFICATION AND TERMINATION
You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.
This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
20. GOVERNING LAWS
Access to use of the CUREYA Site and the Services will be solely at the discretion of CUREYA .
The Agreement is published in compliance with and is governed by the provisions of the below mentioned Acts and Laws in force in India including but not limited to:
1) The Indian Contract Act, 1872;
2) The (Indian) Information Technology Act, 2000;
3) The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
21.HOW TO CONTACT US
If you have any questions or comments, please contact us at https://www.cureya.in/contact/, or by E-mail at info@cureya,in. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. Contact us at –
Registered Office address –
D-252 , XU-1 , Gautam Budh Nagar , Greater Noida , UP , India , Pin – 201308