Terms of use

Welcome to killerlaunch.com (hereinafter referred to us “Website”, “Site”, “We” or “Us”). The website offered to you is conditioned on your acceptance without modification of the terms, conditions and notices contained (herein the, “TERMS”). Your use of our website constitutes your agreement to all such Terms.

Our website is owned and operated by Applancer Services Private Limited (hereinafter referred as “Company”) with its office located at Business Unit No 24, 2nd Floor, City Emporium, Phase 1, Chandigarh, India. Our website provides an online platform through which buyers/seller (hereinafter referred to as “User”, “You”, “Your”) will have the opportunity to buy and sell domain names (hereinafter referred to as “Items” or “products”) through the website (collectively, the “Services”).

By using the website, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”). These Terms governs your access to and use of the Website and Services and all Collective Content, and constitute a binding legal agreement between you and us.

Please read carefully these Terms and our Privacy Policy, which may be found at https://killerlaunch.com/privacy-policy, and which is incorporates by the reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Website. Failure to use this Website in accordance with these Terms may subject you to civil and criminal penalties.

All products/services and information displayed on our website constitutes an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the Terms and Conditions as listed below. We reserve the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you be email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon delivery of the product(s) ordered. No act or omission of our Website prior to the actual delivery of the product(s) ordered will constitute acceptance of your offer.

The use of this Website constitutes your consent to, and agreement to, abide by the most current version of these Terms and Conditions (the “Terms”). We may at any time revise these Terms and Conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the Terms and Conditions. The most up to date version of the Terms will always be available for your review under the “Terms of Use” link present on our Website.

This Website reserves the right to recover the cost of services, collection charges and lawyers fee from persons using the Site fraudulently. This Website reserves the right to initiate the legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or omissions in breach of these Terms and Conditions.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND ALSO A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY SUCH INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THIS WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY SUCH ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM THE PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.

1. DEFINITIONS AND INTERPRETATION:
  • “Agreement” means the Terms and Conditions as detailed herein including all Exhibits, Privacy Policy, other policies mentioned on the Website and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.
  • “killerlaunch” means the online platform which acts as a marketplace to allow users to buy and sell products listed on the website.
  • “User” shall mean both Buyers and Sellers.
  • “Buyer” shall mean individuals who wish to avail the services offered on the website to buy products through the website thereto.
  • “Sellers” shall mean individuals who register themselves on the website to avail the services of the website and potentially sell the products that owned by them and have been listed on the website.
  • “Product/s” shall mean the domain names listed on the website that are either owned by the Company or by the Sellers who register themselves on the Website.
  • “Selling Price” shall mean the price which is displayed on the Website at which the buyer can buy the Products from the Website thereto.
  • “Account” means the accounts created by the Sellers on our Website in order list the products owned by them for sale to the Buyers thereto..
  • “Content” means text, graphics, images, music, audio, video, information or other materials.
  • “User content” means all Content that a user posts, uploads, publishes, submits or transmits to be made available through our website.
  • The official language of these Terms shall be in English.
  • The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
2. ELIGIBILITY OF MEMBERSHIP:
  • Use of the Site is available only to persons who can form legally binding contracts under the applicable law. If you are a minor i.e. under the age of 18 years of age, you may use this Site only under the guidance and allowance of their parents or legal guardian who agrees to be bound by these Terms of Use and the legal guardian or the parents can transact on behalf of the minor if they are registered users.
  • The Site is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
  • Except where additional Terms and Conditions are provided which are product specific, these Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.
3. REGISTRATION:
  • The Sellers after registering themselves on the Website and creating a valid account on the Website shall be entitled to list their products on the website. In order to avail our services you shall be required to create an account with us.
  • A. Accounts:
    • In order to use the Website or the Services, Seller must register for an account with us (an "Account") and provide certain personal information including personal information such as name, email address, contact number, domain name owned by you and password.
    • Seller represents and warrants that all required registration information Seller submits is truthful and accurate, and Seller will maintain the accuracy of such information. Seller shall be responsible for maintaining the confidentiality of Seller’s Account login information and shall be fully responsible for all activities that occur under Seller’s Account. Seller agrees to immediately notify us of any unauthorized use, or suspected unauthorized use of Seller’s Account or any other breach of security. Source-wave website cannot and will not be liable for any loss or damage arising from Seller’s failure to comply with the above requirements. Seller must not share Seller’s password or other access credentials with any other person or entity that is not authorized to access Seller’s account. Without limiting the foregoing, Seller shall be solely responsible for any activities or actions that occur under Seller’s website account access credentials. We encourage Seller to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with Seller’s account. We cannot and will not be liable for any loss or damage arising from Seller’s failure to comply with any of the above.
  • Seller agrees to provide and maintain accurate, current and complete information about Seller’s Account. Without limiting the foregoing, in the event Seller changes any of Seller’s personal information as mentioned above in this Agreement, Seller will update Seller’s Account information promptly.
  • When creating an Account, seller shouldn’t:
    • Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than himself/ herself without such other person’s permission;
    • Use a username that is the name of another person with the intent to impersonate that person;
    • Use a username that is subject to rights of another person without appropriate authorization; or
    • Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
  • We reserve the right to suspend or terminate Seller’s Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that Seller create through the Service that violates our Terms. If Seller has a reason to believe that Seller’s Account is no longer secure, then Seller must immediately notify us at [email protected]
  • Seller may not transfer or sell Seller’s killerlaunch account and User ID to another party. If Seller is registering as a business entity, Seller personally guarantees that Seller has the authority to bind the entity to this Agreement.
  • Our Services are not available to temporarily or indefinitely suspended members. Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
  • One individual can own only one account in his/her name.
  • Seller agrees to comply with all local laws regarding online conduct and acceptable content. Seller shall be responsible for all applicable taxes. In addition, Seller must abide by our website’s policies as stated in the Agreement and the website policy documents listed on the Website as well as all other operating rules, policies and procedures that may be published from time to time on the Website by Company.
4. SERVICES:
  • Our website offers the Users a platform via which the Buyers can purchase the Products that are listed on the Website for sale and are either owned by the Company or by Sellers who have registered themselves on the Website to sell the products.
  • SELLING A PRODUCT
    • All the products which are either owned by the Sellers or by the Website and are offered for sale shall be listed on the website along with their Selling Prices, at which the product shall be sold to the Buyer and the logo for the Product.
    • The Selling Price for the Product shall be solely determined by the Website solely if the Product is owned by the Website and by the Seller when the Product is owned by the Seller.
    • Seller must be the owner of each domain that Seller solicits offers for or otherwise offers to sell. Seller's ownership of each domain offered for sale or for which Seller accepts offers on must be able to be verified by the Company. Seller acknowledges and understands that Seller may not be permitted to list a domain whose ownership cannot be readily verified by the Website.
    • Seller shall not list any Product that is contrary to Website’s policies, which may be changed from time to time, in Website’s sole and absolute discretion. The following, which includes, but is not limited to, incorrect spellings and variations of the following, serve as examples of Products that are contrary to Website’s policies: (i) trademarks, company names or names of specific natural persons; (ii) words which would evoke a question of legality; (iii) defamatory, libelous or threatening language; (iv) vulgar or obscene language; and (v) sexuality explicit language.
    • By offering to sell a Product through the Site and/or Service, Seller represents and warrants that: (i) Seller has full rights, power and authority to personally or on behalf of a business entity, if applicable, to enter into this Agreement and perform the acts herein; (ii) Seller's right, title and interest in and to said domain is free and clear of all liens, claims, or encumbrances; (iii) Seller's registration and sale of said Product complies with all terms and conditions imposed by the Registrar and the Registry; (iv) Seller's registration of said Product is current and not subject to deletion, cancellation or rescission by Registrar or Registry; (v) said Product will not expire within sixty (60) days of sale and Seller shall extend the registration at Seller's cost to ensure this minimum sixty (60) day period; (vi) neither Seller, nor any entity owned or controlled by Seller, owns any trademarks or copyrights in said Product that are not being transferred along with the Product; (vii) Seller's use and/or registration has not and does not infringe on any third party's intellectual property whether that be trademark or otherwise; (viii) said Product has not been and is not currently the subject of any litigation, arbitration, claim or other legal proceeding, whether past, present, contemplated, threatened or for which the Website has not received written notice from Seller prior to listing; and (ix) Seller will take all necessary actions to transfer said Product upon sale.
    • Sellers have the option of providing a description to be utilized in the sale of a Product. If Seller chooses to provide such a description, Seller warrants and represents that the description is accurate and free from any misleading statement. The description may include, but is not limited to, traffic statistics and other visitor information. Seller may not manipulate or otherwise falsely inflate the statistics that Seller represents. Website makes no representation or warranty that the description Seller provides is accurate.
    • Seller agrees and acknowledges that Website shall own all information, content or other material submitted by Seller in connection with Seller's use of the Site and/or Services or the listing of any Product.
  • BUYING A PRODUCT
    • Buyer may utilize the Site and/or Services to search for products that Buyer may wish to acquire. Buyer is solely responsible for conducting all research and inquiry necessary to ensure that Buyer is aware of all factors affecting Buyer's acquisition, registration and/or use of any Product that Buyer purchases through the Website. Research includes, but it not limited to, verifying the annual registration fees required to maintain your registration and use of the Product, understanding the conditions and limitations imposed on Buyer’s registration and/or use of said Product by the Registrar and/or Registry, and determining whether Buyer's registration and/or use of the Product will infringe upon the rights of any third parties, whether those rights be intellectual property rights or otherwise. Buyer agrees that Website shall not be liable for any atypical registration policies or fees. Buyer further agrees and understands that Website makes no representation or warranty with respect to the accuracy and/or veracity of any description provided by Seller when the Product is owned by the Seller and not the Website.
    • Buyer understands and agrees that by making an offer for purchase of a Product, Buyer is making an offer that, if Seller or Website accepts such offer, Buyer is legally bound to purchase the Product at the Selling Price. Buyer warrants that Buyer is ready, willing and able to effectuate the purchase of any Product for the amount that Buyer offers to purchase the Product.
    • Buyer understands and agrees that by accepting an offer to buy the Product at the selling price displayed on the Website, Buyer is entering into a legally binding agreement to purchase that Product at the Selling Price as published on the Website. Buyer warrants that Buyer is ready, willing and able to effectuate the purchase of any Product when entering into the transaction.
    • Buyer agrees and acknowledges that the logo displayed along with the Product may not be unique and the Website shall not be responsible and disclaims all liability in the event Buyer fails to get trademark over it.
    • Neither the Website nor the Seller, but it shall be Buyer’s solely responsibility to renew the Product purchased by the Buyer after every 12 month(s) effective from the date of purchase of the Product by the Buyer thereto.
    • Buyer agrees and acknowledges that the Website shall own all information, content and/or other material submitted by Buyer in connection with Buyer's use of the Site and/ or Services or the potential purchase of any Product.
5. PAYMENTS:
  • The Buyers shall make payments to us through Payoneer, Transferwise, Bank Transfer or any other payment method agreed to before the sale.
  • Transaction fees shall be applicable and may vary depending upon the payment method chosen by the User.
  • The Buyer shall make the payment to the Website in the event the Buyer wishes to purchase the Products that are listed on the Website. In case the product purchased by the Buyer is owned by the Seller, the Website after deducting its commission will forward the outstanding amount into the bank account of the Seller within a period of 30 days of receiving the payment from the Buyer, the details of which shall be provided by the Seller.
  • Unless otherwise stated, all prices/fees are quoted in US Dollars.
  • The payment made by the Buyer on the Website for purchasing the Product at the Selling Price provided on the Website shall be non-refundable except in case when the Website fails to transfer the domain name to the buyer within a period of 30 working days from the date of receiving the payment from the Buyer.
  • Our Website reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
  • The Buyers acknowledge that we will not be liable for any such damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond our control.
6. FRAUDULENT/DECLINED TRANSACTIONS:
  • Our Website reserves the right to recover the cost of goods, collection charges and lawyer’s fees from persons using the Website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful act or omissions in breach of these Terms and Conditions.
  • We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
7. ACKNOWLEDGEMENTS/REPRESENTATIONS AND WARRANTIES BY USERS:
  • Our website reserves the right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, we may at our sole discretion suspend, block, restrict, cancel the user id of such user and/or disqualify that user from using our website. Any person who knowingly and with an intention to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
  • The Website is only a venue through which Buyers can reach a larger base to buy products/items. All products are offered only for a restricted time and only for the available supply.
  • You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before making any purchases through the Website. We shall neither be liable nor be responsible for any actions or inactions of Sellers and hereby expressly disclaim any and all responsibility and liability in that regard.
  • Our website strongly advises Buyers not to test the site with false purchases, as it will put Buyers at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by us.
  • All purchases on the Website are a firm commitment to purchase. If you are the buyer/purchaser for any product, you are obligated to complete the transaction with us. By purchasing a Product you agree to be bound by the conditions of sale included in the Product’s information provided on our website.
8. YOU AGREE AND CONFIRM:
  • That you will use the services provided by our website, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
  • You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and/ or debar you from using the Services of our website and / or other affiliated websites without prior intimation whatsoever.
  • That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
  • You shall at all times ensure full compliance with the applicable provisions including International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations regarding your use of our service.
  • It is possible those other users (including unauthorized/unregistered users or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
9. YOU MAY NOT USE THIS SITE FOR ANY OF THE FOLLOWING PURPOSES:
  • Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  • Transmitting material that encourages conduct that constitutes a criminal offense results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  • Interfering with any other person's use or enjoyment of the Site.
  • Breaching any applicable laws;
  • Interfering or disrupting networks or web sites connected to the Site.
  • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
  • Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our site, services.
10. MODIFICATION OF TERMS AND CONDITIONS OF SERVICES:

We may at anytime modify the Terms and Conditions of Use of the Site without any prior notification to you. You can access the latest version of the User Agreement at any given time on our Website. In the event the modified Terms and Conditions are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms and Conditions of Use of this Site.

11. COPYRIGHT AND TRADEMARK:
  • Our Website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials except the artwork which appear on this Website. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of killerlaunch or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website.
  • The killerlaunch names and logos and all related products and services and our slogans are our trademarks and other service marks. All other marks are the property of their respective entity. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
  • You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of our website or its suppliers and protected by Copyright laws of India. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the Contents on this Site is strictly prohibited.
  • The artwork displayed on the Website including but not limited to the logos displayed along with the domain name are not owned by us and shall not be regarded as our property.
  • We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately via email at [email protected] and [email protected]
12. OBJECTIONABLE MATERIAL:

You understand that by using this Site or any services provided on the Site, 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 Site and any service at your sole risk and that to the fullest extent permitted under applicable law. We and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

13. INDEMNITY:

You agree to defend, indemnify and hold harmless our Website, its employees, directors, officers, agents and their successors and assigns from time and against and any all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim 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.

14. TERMINATION:

This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, such termination will be without any liability to us. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our rights to any Comments shall survive any termination of this User Agreement.

15. LIMITATION OF LIABILITY AND DISCLAIMERS:
  • The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.
  • The Site provides content from other resources and while our website tries to ensure that material included on the Site is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, our website or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement. Without prejudice to the generality of the section above, the total liability of our website to you for all liabilities arising out of this User Agreement is it in tort or contract is limited to the value of the product ordered by you. Our website, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, our website assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
16. GOVERNING LAW AND JURISDICTION:
  • This User Agreement shall be construed in accordance with the applicable laws of the country of India regardless of your physical location.
  • The Courts of Chandigarh, India shall have the sole jurisdiction to decide any dispute in relation to the User Agreement.
17. DISPUTE RESOLUTION:
  • Any dispute or difference whatsoever arising out of or in connection with these Terms shall be submitted to Arbitration in accordance with, and subject to Arbitration and Conciliation Act, 1996.
  • Any dispute or difference whatsoever arising out of or in connection with these Terms shall be and is hereby submitted to arbitration in accordance with, and subject to Arbitration and Conciliation Act, 1996. There shall be one Arbitrator, the language of the Arbitration shall be in English, and the place of the Arbitration shall be Chandigarh, India which governs these Terms and any dispute of any sort that might arise between you and us relating to these Terms.
  • If for any reason a court of competent jurisdiction finds any provision or portion of the Agreement to be unenforceable, the remainder of the Terms will continue to be in full force and effect. All legal action or litigation shall be handled and agreed on during an arbitration hearing only, and the arbitrator shall decide the outcome of the litigation or legal action. All parties agree to comply with this statement and the above jurisdiction statement.
  • DISPUTE BETWEEN BUYERS AND SELLERS ON THE WEBSITE: In case a dispute arises between the Users on the Website, the Users shall resolve the dispute between themselves and the Website shall not be held responsible for the same.
18. SITE SECURITY:
  • You are prohibited from violating or attempting to violate the security of the Site, including, without limitation-
    • Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
    • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
    • attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," or "crashing;"
    • Sending unsolicited email, including promotions and/or advertising of products or services; or
    • Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third party web browsers.
19. PRIVACY:

All Personal Information and User Generated Content provided to us are private and safe with us. We do not require your personal details for any fraudulent activities and only the activities which are required in the successful implementation of the services provided by us.

20. NOTICE:
  • By using the Site and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site and Services.
  • You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
  • Notice will be deemed received and properly served immediately when posted on the Site and Services, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
    • For letters, the letter was properly addressed, stamped and placed in the post; and
    • For emails, the email was sent to the specified email address.
21. LEGAL COMPLIANCE:
  • In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
  • You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the website are lawful. You must ensure that they comply with all applicable laws in India and all other countries.
  • You should comply with country, state and other regulations.
22. SEVERABILITY:

Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect the validity or enforceability of any other Term.

23. ASSIGNMENT:
  • You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
  • We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
24. FORCE MAJEURE:
  • We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
    • Acts of god;
    • Natural disasters;
    • Sabotage;
    • Accident;
    • Riot;
    • Shortage of supplies, equipment, and materials;
    • Strikes and lockouts;
    • Civil unrest;
    • Computer hacking; or
    • Malicious damage.
25. DIGITAL SIGNATURE:
  • By using our services, you are deemed to have executed this Agreement electronically, effective on the date you start using our services. Your usage of our services constitutes an acknowledgement that you are able to electronically receive, downloads, and prints this Agreement.
  • In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in paper form.
26. ENTIRE AGREEMENT:

These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.

27. CONTACT US:

For any further clarification of out Terms and Conditions, please write to us at Applancer Services Private Limited, Business Unit No 24, 2nd Floor, City Emporium, Phase 1, Chandigarh, India or email us at [email protected] and [email protected]