Triiveta and its subsidiaries and
affiliated companies, (collectively and alternatively, “TRIVETA”), own, operate
and/or control a global network of websites and web pages, including http://Triiveta.com/,
http://www.triveta.in and http://www.maharashtrafurniture.com (collectively the
“Sites”). These Sites are provided to visitors and users of the Sites
(collectively, “you” or “your”) only if you agree to these Terms of Use
unconditionally and without modification. Your use of any of the Sites constitutes
your acceptance and agreement to all these terms and conditions. Additional
terms and conditions may apply to your use of e-services, purchases of goods or
services (and to specific portions or features of the Sites such as public
forums), all of which are incorporated into these Terms of Use. You will be
bound by such additional terms should you use the specific features or portions
of the particular Sites. If these additional terms conflict with these Terms of
Use, the additional terms shall apply. PLEASE TAKE THE TIME TO READ ALL TERMS
OF USE CAREFULLY BEFORE USING THE SITES. By accessing, registering on or
otherwise using any of the Sites, you unconditionally agree to these Terms of
Use whether or not you have read them. If you do not agree to these Terms of
Use, you may not access, view or use the Sites.
1. Generally
You are free to browse the Sites
to learn more about TRIIVETA products. The Sites and all material posted on the
Sites or otherwise approved by TRIIVETA (collectively, “Licensed Content”) may
be used for the sole and limited purposes set forth in the Sites and these
Terms of Use. You may view and print portions of the Licensed Content for your
own internal use but not for resale or other commercial exploitation and not
for use other than as provided in these Terms of Use. Any other use of Licensed
Content without TRIIVETA’s prior written approval is strictly prohibited.
2. Product, Safety and Other Technical Information
While TRIIVETA uses commercially
reasonable efforts to provide accurate information, the industry of which
TRIIVETA is a part and the laws and regulations applicable to that industry do
change. Therefore, information contained on the Sites may not be current,
accurate or complete. Because many factors go into the decision-making process
of purchasing a given product and everyone’s particular circumstances and needs
may differ, the Licensed Content is provided for informational purposes only.
TRIIVETA cannot ensure or guarantee and does not warrant that your product selection
will be accurate, meet your (or, if applicable, your customer’s) particular
needs or requirements or that the recommendations, regulations or other
information provided by TRIIVETA experts or other Site users is complete,
accurate or current. Please read and follow all instructions contained in
product manuals. Each claim or statement made by TRIIVETA about the
effectiveness of TRIIVETA products and/or comparing the effectiveness of
TRIIVETA products to that of others and all use of the Sites is expressly
limited to the India, Maharashtra, Mumbai Suburban area unless otherwise stated
on the Sites. If a product offered by TRIIVETA purchased through the Sites is
not as described, your sole remedy is to return it in its original, unused form
and receive either a replacement of the product you purchased, a refund of the
price you actually paid or other remedy provided pursuant to the manufacturer’s
warranty. Please address all product complaints as provided in the
manufacturer’s warranty and other materials provided on purchase. Do not make
product complaints through the Sites. Product description and pricing is
subject to correction and change. TRIIVETA may refuse or cancel product orders
placed at an incorrect price, or based upon erroneous promotion terms, whether
or not the order has been confirmed. TRIIVETA’s obligations, if any, with
respect to its products and services are governed solely by the specific
agreement through which they were provided. Sales made through the Sites, if
any, are governed by TRIIVETA’s Standard Terms and Conditions of Sale and/or
Invoice-Terms and Conditions.
WARNING: Some of the information and advice on the Sites may
be provided by third-party contributors who are not affiliated with TRIIVETA.
TRIIVETA makes no representation as to the truth, thoroughness, or accuracy of
such information or advice.
In all operations and uses
related to the products and other matters discussed on the Sites, you must
read, understand, and adhere to the safety warnings and instructions pertaining
to such products and accessories as well as other regulations and standards
applicable to the nature and environment of ownership, maintenance, or use.
3. Using Secure Portions of the Sites
Account Registration: You must
register and create one or more accounts (“Accounts”) to use certain restricted
areas of the Sites such as e-services. When you register, you authorize
TRIIVETA to make such credit, employment and investigative inquiries as may be
appropriate, including to consumer reporting agencies, to validate registration
information you provide both prior to TRIIVETA authorizing your Account and
from time to time. You agree you shall: (i) provide true, accurate and complete
information as prompted by the registration form; (ii) at all times have the
authority to agree to these Terms of Use for yourself and on behalf of any
business entity for which you register, create one or more Accounts and use the
Sites; (iii) not impersonate or misrepresent your identity, your right to use
the applicable registered mobile device(s), credit card(s) or other selected
payment option, or permit anyone else to do so; (iv) maintain and promptly
update all registration and other Account information to keep it true,
accurate, current and complete; and (v) not engage in any harmful or abusive
activities that may disrupt the Sites, TRIIVETA’s ability to provide and any
user’s ability to use the Sites or violate any laws, rules or regulations.
Account Use: Once TRIIVETA has validated and set up your
Account, you may order and pay for products and services and you may access
your Account history using your user name and password. You agree that TRIIVETA
may provide your Account statements and all messages and notifications to you
electronically through your Account or via email.
Changing your Account
Information/Settings: It is your responsibility to review and update your
Account information. You may update your Account profile, settings and
information at any time, for example, to add/update/delete credit cards, mobile
devices and authorized users to your Account. This is especially important with
respect to credit card information because credit cards expire periodically.
You acknowledge and agree that TRIIVETA will have no liability associated with
or arising from your failure to maintain accurate Account information or update
your authorized users. If TRIIVETA has reasonable grounds to suspect that the
information you have provided is or becomes untrue, inaccurate or incomplete,
TRIIVETA may suspend or terminate your Account and refuse any and all current
or future use of TRIIVETA’s Software or device Application or Cloud and/or all
or any part of TRIIVETA’s Software or device Application or Cloud Services.
Security Credentials: You are responsible for all Account
activity and for ensuring that your use or access to your Account, the Sites
and/or TRIIVETA’s products and services complies fully with these Terms of Use,
including the safety and security of all user names, IDs, logins, passwords,
PINS or other security features (collectively, “Security Credentials”) through
which you and your authorized users may access the secure portions of the
Sites. Anyone accessing your Account and/or the secure portions of the Sites
using Security Credentials issued to or administered by you, including those of
any authorized third parties, will be deemed to be an authorized user of your
Account and you will be responsible for their actions as if they were your own.
It is your responsibility to administer Security Credentials only to authorized
users, to preserve the confidentiality of and not share your Security
Credentials or record them in an insecure manner. Although you must conform to
TRIIVETA’s Security Credentials format (for example, length and, type of
characters) and you may be periodically prompted to change your Security
Credentials, you are responsible for issuing, administering, updating and
ensuring that proper security measures are in effect with respect to Security
Credentials associated with your Account. You are also responsible for
monitoring, supervising and terminating, when appropriate, the Security
Credentials of your authorized users. You must notify TRIIVETA immediately if
you need to terminate an individual’s access and/or if you suspect fraudulent
or abusive activity. TRIIVETA is not liable for any use of your Account, the
Sites and/or any products or services by such individuals prior to TRIIVETA’s
receipt of your termination notice and a reasonable period thereafter. If you
so notify us, or if TRIIVETA suspects fraudulent or abusive activity, you agree
to cooperate with us in any investigation and to use any preventive measures
TRIIVETA prescribes. Use of assigned Security Credentials terminates
immediately upon the earlier of inactivity/dormancy, termination of these Terms
of Use or an authorized user’s authorization. TRIIVETA may rely upon the
instructions, consent given and all action taken through your Security
Credentials, without verifying the identity or authority of any person
accessing your Account or using the Sites. You should never share Security
Credentials. However if you or your authorized users does share your Security
Credentials with anyone, you are responsible for that individual’s actions,
including all orders placed and fees incurred. You are responsible for ensuring
that each authorized user is aware of and complies with these Terms of Use. You
are ultimately responsible for the acts and omissions of your authorized users
and each individual to whom you have given or who may have gained access through
use of your Security Credentials.
4. User Conduct
In general, TRIIVETA expects
visitors to interact with TRIIVETA and other users of the Sites in a courteous
manner and in compliance with all laws. Vandalism, obscene or abusive language,
harassment, threats, or abuse of any nature or form on the Sites, including via
e-mail, post or other transmission is strictly prohibited. Impersonation of
others or misrepresenting your affiliation with TRIIVETA or another is
prohibited. You may not upload to, distribute or otherwise publish through the
Sites any material that you know is false, misleading, contains viruses or
malicious code, defamatory, vulgar, obscene, threatening, libellous, hateful,
racially or ethnically objectionable, is invasive of another’s privacy or
publicity rights, infringes upon another’s proprietary rights or which may
constitute or encourage a criminal offense, violate any law or another’s rights
or otherwise give rise to liability.
You agree not to forge headers or
otherwise manipulate identifiers in order to disguise the origin of anything
transmitted through the Sites, disclose proprietary or confidential information
or otherwise infringe another’s patent, trademark, trade secret, copyright or
other proprietary right (“Rights”). You may not upload chain letters, pyramid
schemes, solicitations, or commercial material of any sort to the Sites, use
the Sites to solicit others, advertise or promote anything. Framing, in-line
linking or other means of associating the Sites, marks or licensed content with
another or with any material, link or information not originating with TRIIVETA
is expressly prohibited.
You may not probe, scan or test
the vulnerability of the Sites or any networks. You many not use any
“deep-link,” “page-scrape,” “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 Sites or Licensed
Content. You may not reproduce or circumvent the navigational structure or
presentation of the sites or any licensed content, circumvent the security
features or attempt to access any materials or information through any means
not purposely made available by TRIIVETA through the Sites. Any attempt to
interfere with or disrupt the Sites, its servers, networks, Software, equipment
or database connected to the Sites, whether via malicious code, files or other
means, or attempts to disassemble, reverse engineer or decompile any Software,
trace the information of any other user or visitor, circumvent security
features such as passwords, or take any action that compromises the privacy or
security of the Sites, users or other visitors is strictly prohibited.
5. Social Media/Blogs/User Submissions
Certain more interactive portions
of the Sites, such as blogs and other social media forums require special
mention. TRIIVETA insists that all statements made about it and its products be
accurate, not misleading and not contain unsubstantiated statements. TRIIVETA
adheres to and requires that its employees, service providers and others
endorsing or otherwise acting on behalf of a TRIIVETA brand on a blog or other
public forum all adhere to government of India (GOI) rules and guidelines
governing endorsements and testimonials. The GOI requires that endorsers
disclose a material connection with an advertiser, his/her affiliation with
TRIIVETA and if incentives, free products or gifts or other compensation was
received from TRIIVETA. Because your opinions may be considered an
“endorsement” and you an “endorser” under the GOI law, it is important that you
fully and completely understand what the GOI requires. You are responsible for
complying with GOI requirements. For example, as an endorser, the GOI requires
that you (i) let readers know if you received any free products or any other
item of value from TRIIVETA or if another material connection exists, and (ii)
ensure that your statements about and reviews of TRIIVETA products reflect your
honest opinions, beliefs and findings.
Any comments, blogs, discussions,
data, images, sounds, text, product ideas, suggestions or enhancements, as well
as anything embedded therein, material, information or other communication you
transmit, upload or post to the sites, generally and through the public forums,
or email to TRIIVETA (collectively, “Communications”) are non-confidential and non-proprietary
and become the property of TRIIVETA. TRIIVETA has no obligation to preserve the
confidentiality of or refrain from disclosing any Communications. You recognize
and acknowledge that your submission of any suggestions, ideas, images, sounds,
enhancements, data or other material is done on a non-confidential,
non-proprietary basis, without expectation of compensation or attribution of
any sort. TRIIVETA has no liability for and will be free to copy, disclose,
distribute, incorporate and otherwise use all or any part of any Communications
for any and all commercial or non-commercial purposes in any medium whatsoever
and without additional consent or approval from you. Please exercise caution
and discretion in disclosing personal information through, including uploading
photos to, any public forums.
You are solely responsible for
your Communications and your activities on the Sites. Although TRIIVETA will
not, and has no obligation to, monitor your Communications, it has the right
not to post or publish Licensed Content and/or your Communications and to
delete, remove or edit any Licensed Content and or Communications at any time
in its sole discretion without notice or liability of any notice or sort. Under
no circumstances is or will TRIIVETA or its affiliates be liable in any way for
any Communications, your or another’s use of the Sites or any Licensed Content,
including but not limited to any errors or omissions in any Licensed Content,
or for loss or damage of any kind incurred as a result of the use of any
Licensed Content via the Sites. Product performance, capability or other claims
made through public, interactive areas provided on the Sites have not undergone
review, testing, or research by TRIIVETA to substantiate such claims. TRIIVETA
cautions you not to use products for any purpose or in any manner other than as
expressly set forth in the manufacturer’s warranty and product user manual.
6. Indemnity
You agree to indemnify, defend,
release and hold TRIIVETA, its officers, directors, suppliers, service
providers, co-branders or other partners, agents and employees, and those of
its affiliates, harmless from all claims, demand, damages, fees and costs of
any nature, including reasonable fees of attorneys and other professionals, due
to or arising out of anything you submit, transmit through or upload to the
Sites, your use of the Sites, your connection to the Sites, your violation of
these Terms of Use, TRIIVETA’s Standard Terms and Conditions of Sale and/or
Invoice Terms and Conditions, or your violation of any Rights. In the event you
provide information that is untrue, inaccurate, fraudulent, or out of date, you
agree to indemnify TRIIVETA for and hold it harmless from and against any and
all liability, damages, loss or expense (including reasonable fees of attorneys
and other professionals) it may incur, including but not limited to loss of
business profits, taxes, penalties or sanctions, interest, fees, costs and
expenses of any nature arising from or related to any claim, demand, action or
proceeding alleged or initiated against TRIIVETA by any third party based upon
the information you provide or your use of the Sites.
7. Modifications to the Sites and these Terms of Use
From time to time TRIIVETA may
change the Licensed Content, the products and services offered, disable certain
features of the Sites or expand the Sites’ capability. TRIIVETA also reserves
the right at any time and from time to time to modify these Terms of Use, any
additional terms and conditions, the Sites, their functionality and
capabilities and/or discontinue, temporarily or permanently, the Sites (or any
part thereof) with or without notice. You agree that TRIIVETA shall not be
liable to you or to any third party in any way in connection with such changes.
8. Termination
TRIIVETA, in its sole discretion,
may suspend or terminate your access or use for any reason, but especially if
TRIIVETA believes that you have violated or acted inconsistently with the
letter or spirit of these Terms of Use. TRIIVETA may also, in its sole
discretion and at any time, discontinue providing the Sites, or any part
thereof, with or without notice. TRIIVETA may suspend, terminate and/or bar
further access to the Sites at any time without prior notice to you. TRIIVETA
shall not be liable to you or any third party for any suspension or termination
of your access to or use of the Sites.
9. Links
The Sites may contain links to
other internet websites or resources. When you link to those sites, you leave
the Sites. TRIIVETA has no control over such sites, their content and resources
or the business practices or policies of operators of such sites. Please use
caution and review the privacy policies of any sites that you visit to learn
more about their information-gathering practices. TRIIVETA expressly disclaims
all responsibility or liability for the availability or accuracy of such
external sites or resources or the content thereon, does not endorse and is not
responsible or liable for any advertising, products or other materials on or
available from such sites or resources. The inclusion of any link on the Sites
does not imply that TRIIVETA endorses the linked site. Your use of any links is
at your own risk. You further acknowledge and agree that TRIIVETA shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with your use of or reliance on any
goods, services or materials available on or through any such link, site or
resource.
10. TRIIVETA’s Proprietary Rights
Everything you see or read on the
Sites, including the expression, coordination, selection, arrangement,
collection, compilation, assembly and arrangement of the Sites and Licensed
Content, is protected by all Indian and international copyright and trademark
laws, and may not be used except as provided in these Terms of Use without
TRIIVETA’s express written permission. The Sites and any necessary software or
other technology used in connection with the Sites (“Software”), the
collection, compilation, assembly and arrangement of Licensed Content, all
images, photography, graphics, artwork, text, and other information and
material found on the Sites, regardless of source, all Marks and other
intellectual property relating thereto and all information and data collected
through the Sites (all of which are included in and as the “Licensed Content”),
is owned by TRIIVETA and/or its subsidiaries, affiliates or other designee, its
suppliers or partners, is used under license granted to TRIIVETA and contains
proprietary and confidential information that is protected by all applicable
intellectual property and other laws. All trademarks, logos, trade names, trade
dress, product and service marks, individually or combined with one another
(collectively the “Marks”) and whether or not registered, are owned by and/or
proprietary to TRIIVETA and/or its subsidiaries, affiliates or other designees,
or other third party owners who have granted TRIIVETA the right and license to
use its marks (“Third Party Marks”). You may not use or display the Marks or
Third Party Marks in any manner without the prior written consent of the
applicable owner. This includes use of the Sites address or Marks in page text,
as key words, meta tags or any other “hidden text.” Other product or service
names, logos, graphics, page headers, button icons and scripts are trademarks
or trade dress of TRIIVETA and/or its subsidiaries, affiliates or other
designees and may not be used in connection with any other product or service
in any manner, but especially not in a manner that is likely to cause confusion
in the marketplace or in any manner that disparages or discredits TRIIVETA or
its affiliated companies. TRIIVETA may use any such material in any manner for
any reason without your consent, fee or obligation to account to you in any
way, and, unless you and TRIIVETA agree otherwise in writing, TRIIVETA is and
shall be the sole and exclusive owner.
11. Disclaimers and Limitations of Liability
TRIIVETA DISCLAIMS ALL
REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES
OR LICENSED CONTENT.
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT:
1. YOUR USE OF THE SITES AND ANY
PARTICULAR FEATURE IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. TRIIVETA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS
CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF
THE SITES.
2. TRIIVETA MAKES NO WARRANTY (i)
THAT THE SITES WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITES WILL
BE UNINTERRUPTED OR TIMELY, THAT THEY ARE SECURE, OR THAT LICENSED CONTENT IS
ACCURATE OR ERROR-FREE, (iii) THAT PRODUCTS WILL BE AVAILABLE, ACCURATELY
DEPICTED OR PRICED, (iv) THAT THE RESULTS OBTAINED FROM USE OF THE SITES WILL
BE ACCURATE OR RELIABLE, (v) THAT THE QUALITY OF ANY PRODUCTS, THE SITES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES
WILL MEET YOUR (OR YOUR CUSTOMER’S) EXPECTATIONS, OR (vi) THAT PRODUCTS WILL BE
PROPERLY DELIVERED IN PROPER AMOUNTS. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
3. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRIIVETA OR THROUGH OR FROM THE
SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE OR
OTHERWISE APPLICABLE PURSUANT TO YOUR PURCHASE OF TRIIVETA PRODUCTS.
4. TRIIVETA IS NOT LIABLE FOR ANY
PRODUCT WARRANTIES NOT EXPRESSLY SET FORTH ON THE SITES OR PROVIDED WITH THE
PRODUCT PACKAGING.
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT TRIIVETA SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF TRIIVETA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY
TO USE, ACCURACY OF THE INFORMATION, PRODUCTS AND MATERIALS SHOWN OR AVAILABLE
FROM THE SITES OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE
SITES. IN ANY CASE, TRIIVETA’S SOLE LIABILITY, AND THAT OF ITS LICENSORS,
SUPPLIERS AND BUSINESS PARTNERS, IS LIMITED TO FIFTY RUPEES (₹50). YOUR LEGAL
RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION
TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY
CLAIMS YOU MAY HAVE AGAINST TRIIVETA WITHIN TWENTY FOUR (24) HOURS OF THE DATE
THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
12. Notice
TRIIVETA may provide notices of
changes to these Terms of Use or other matters by displaying notices or links
to notices to you generally on the Sites. Notice or other correspondence to
TRIIVETA should be sent prepaid, by certified mail, return receipt requested or
overnight commercial courier to:
TRIIVETA. 108, Malad Shopping
Centre CHSL, SV Road, Malad West. Mumbai 400 064. Maharashtra 27. India.
13. General Information
TRIIVETA administers and operates
the following Sites from its location in Mumbai, India:
www.triveta.in,
www.triiveta.com, www.maharashtrafurniture.com
No other Sites are or may be
operated from various locations outside India. Although Sites may be accessible
worldwide, not all features, products or services discussed, referenced,
provided or offered through or on any of the Sites are available to all persons
or in all geographic locations, or are appropriate or available for use in your
jurisdiction. TRIIVETA reserves the right to limit the provision and quantity
of any feature, product or service to any person or geographic area in its sole
discretion. Any offer for any feature, product or service made on any of the
Sites is void where prohibited. These Terms of Use and any other agreements,
whether or not referenced herein, constitute the entire agreement between you
and TRIIVETA with regard to and shall govern all purchases. Your activities and
use of the Sites supersede any prior agreements between you and TRIIVETA. You
also may be subject to additional terms and conditions contained in invoices,
purchase orders, terms and conditions of purchase/sale, shipping manifests,
bills of lading or terms and contracts that may apply when you use affiliate
services, third party content or third party software. These Terms of Use, your
use of the Sites and any other agreement with and the relationship between you
and TRIIVETA shall be governed by the laws of the GOI without regard to choice
of law provisions, nor shall the Contracts of sale of goods apply. The failure
of TRIIVETA to exercise or enforce any right or provision of the Terms of Use
shall not constitute a waiver of such right or provision. If any provision of
the Terms of Use is found to be invalid, the parties nevertheless agree to give
effect to the parties’ intentions as reflected in the provision, and the other
provisions of the Terms of Use remain in full force and effect. The section
titles in the Terms of Use are for convenience only and have no legal or
contractual effect.
14. Disputes
Any dispute between you and
TRIIVETA concerning the Sites may be submitted to final and binding arbitration
at TRIIVETA’S discretion as the sole and exclusive remedy for such controversy
or dispute, provided, however that TRIIVETA may commence action against you in
a court of law for infringement of TRIIVETA’s intellectual property rights. BY
AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND
HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Any claim required to be submitted
to arbitration shall be made by filing a demand for arbitration within one (1)
year following the occurrence first giving rise to the claim. The right and
duty of the parties to resolve disputes by arbitration shall be administered
exclusively by our company’s appointed pursuant to its Comprehensive
Arbitration Rules and Procedures then in effect. The decision and award of the
arbitrator shall be final and binding and the award so rendered may be entered
in any court having jurisdiction thereof. The arbitration shall be held and the
award shall be deemed to be made in the city of Mumbai, Maharashtra, India.
Each party shall bear all of its own costs of arbitration, except that the fees
of the arbitrator shall be divided equally between the parties. The arbitrator
shall have no authority to amend or modify these Terms of Use or to award
punitive or exemplary damages, and the award may be enforced by judgment in Indian
Court of Law.
Registered Office
TRIIVETA.
108, Malad Shopping Centre CHSL,
SV Road, Malad West.
Mumbai 400 064. Maharashtra 27.
India.
Triiveta.com