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NOTE: By using this Service, you are agreeing to the terms and conditions as set forth in this Agreement.

 

SALT is an best effort service largely dependent on the benevolence of the society and its members who would be responsible for reporting any accident / other incident from the site; and which information shall be attempted to be conveyed to you to the best of our efforts, capability and diligence, and it is most important that you understand that SALT in no way stands responsible for the consequences that may ensue thenceforth nor guarantees any outcome as a result of this service.

 

 

1.    Acceptance of Terms

 

1.1 Welcome to SALT SERVICE

Your use of this service "Save A Life Today" (SALT) is Governed by These Terms and Conditions between you and ENSOWT (Enabling Society With Technology) and having its Registered Office at Ghaziabad, Uttar Pradesh and constitutes a legal agreement ("EUA") that governs your use of the SALT software, services and websites (collectively referred to as the Service). Please take a few minutes to review these Terms and Conditions.

 

YOUR USE OF THIS SERVICE CONSTITUTES YOUR AGREEMENT TO FOLLOW THESE RULES AND TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT USE THE SALT SERVICE.

 

You should print or otherwise save a copy of these T & C for your records.

 

 

IMPORTANT: You access and use the Service at your own risk. The Service provides you with access to various emergency and contact services. The above notwithstanding, nothing contained herein with shall be read to guarantee the availability of any emergency services, the ability of the Service to reach emergency or other support personnel or your ability to receive emergency support and help. you understand and agree that ENSOWT will not be held liable for any claim, damage, or loss that arises out of or in relation to your inability or failure to contact emergency services through the Service.

 

IMPORTANT: Except as otherwise specifically advised by an attorney, no attorney-client privilege shall exist with respect to any communication with or through the Service.

 

 

Kindly Take Note of the Following:

 

        I.            SALT is not a law firm, medical provider or referral agency. The services and information provided as part of the Service are not intended as legal, medical or emergency advice, but merely conveys general information related to issues commonly encountered at the scene of an accident. Your access to and use of this Service is at your own risk and subject to additional terms and conditions as provided herein with.

 

      II.            IMPORTANT: By downloading the Service, you acknowledge that in the event of an accident or a potential accident as reported to the Service, real or imagined, you hereby grant ENSOWT permission to contact your emergency contacts / contacts; and where and if available to call for needed assistance.

 

    III.            IMPORTANT: ENSOWT provides you with an optional service that is enabled in the event of a detected accident, to provide notice and contact information to your contact and any emergency service provider listed in our service, including law enforcement and medical professionals as well as auto dealers, auto repair companies, insurance companies and tow companies. This service then enables each such provider to contact you directly for assistance. By availing the Service and indicating your assent and interest in enabling this optional service, you acknowledge that in the event of an accident as detected by the Service, real or imagined, you hereby grant ENSOWT permission to send your contact information to any provider listed in our service. Further, you acknowledge, agree and affirm that in such event, as provided above, the providers may contact you or your emergency contact directly and without further consent by or request from you.

   IV.            You assume responsibility for the selection of SALT SERVICE to achieve your intended results, and for the installation, use and results obtained from the Service.

 

     V.            Subject to your compliance with the terms and conditions of this EUA, ENSOWT grants to you a non-exclusive, non-transferable, revocable right to use the Service on any phone that you own or control and retains ownership of this Service and reserves all rights not otherwise expressly granted to you by this EUA. The terms of this EUA shall govern any upgrades provided by ENSOWT that either replace or supplement this Service, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.

 

   VI.            This Service is provided and not sold to you, by ENSOWT on an as is usage basis. All worldwide Intellectual Property Rights that are embodied in or related to the Service are, and at all times shall remain, the sole and exclusive property of ENSOWT, whether or not specifically recognized or protected under local laws. For purposes of this EUA, the term “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights. You may not delete, alter, cover, or distort any copyright, trademark, or other proprietary rights notice placed by ENSOWT on or in the SALT Service.

 

VII.            Except as explicitly permitted in this EUA you may not copy, modify, or create derivative works of this Service, or any part thereof.

 

VIII.            ENSOWT retains ownership of this Service and reserves all rights not otherwise expressly granted to you by this EUA.

 

    IX.            You understand and agree that the information in the SALT will not be considered a representation to be reasonably relied upon. Nothing within the SALT will be construed to create a duty of care in ENSOWT or a warranty of any kind. You understand and agree that ENSOWT takes no responsibility and cannot be held liable for the information contained within the SALT, information or websites linked to through the Service, information sent to ENSOWT by third parties, and information intercepted by third parties. You agree to hold ENSOWT harmless for any and all inaccuracies, omissions, errors, loss of data, corruption of data, failure of hardware, failure of the SALT, or misuse of the SALT. SALT is not a referral service; however, information about law enforcement officers, doctors, tow companies and other service providers may be made available to you by the Service, in the event of an accident. Availing the Service creates no relationship with any of these service providers and creates no attorney-client responsibilities or duties on the part of ENSOWT to you, including without limitation, duties relating to conflicts of interest or confidentiality.

 

1.2 Legal Authority

To use and/or register for the Service you must be:

a) of legal age to form a binding contract with ENSOWT, and

b) cannot be a person barred from receiving the Service under the laws of The Republic of India or other applicable jurisdiction, including the country in which you reside or from where you use the Service.

By accepting these T & C you represent that you understand and agree to the foregoing including where applicable, representing that you are of sufficient legal age to use or participate in such Service or (subject to Applicable local law) that the account you are using was created and registered by your parent or legal guardian.

 

1.3 Updates

ENSOWT may update or change these T & C from time to time and recommends that you review them on a regular basis. you can review the most current version of the T & C at any time at ENSOWT website: "www.savealifetoday.in". If ENSOWT makes a change to the T & C, it will post the revised T & C on its website. you understand and agree that your continued use of the Service after the T & C has changed constitutes your acceptance of the T & C as revised. Without limiting the foregoing, if ENSOWT makes a change to the T & C that materially impacts your use of the Service, ENSOWT may post notice of any such change on its website and/or SMS you notice of any such change to the contact information provided at sign-up.

The Terms of Use was last updated on Month Date, 2014.  ENSOWT reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this SERVICE following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this SERVICE.

 

 

2.    Description of the Service

 

BY ACCESSING AND USING THE SALT SERVICE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS SERVICE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAW OF THE STATE.

 

2.1 Requirements

Unless otherwise agreed to in writing by both parties, use of the Service for SALT requires but is not limited to the following

(a) The development, support and maintenance of SALT's basic service are provided by ENSOWT at no cost to you as part of the Service.

(b) ENSOWT retains ownership of the Intellectual Property Rights (IPR) in SALT.

 

2.2 Changing the Service

ENSOWT reserves the right to modify or stop the SALT Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, SALT / ENSOWT may post on its website notice of such changes to the Service.

 

2.3 Limitations on Use

You agree to use the Service only for purposes as permitted by these T &C and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction.

 

2.4 Availability of the Service

The Service, or any feature or part thereof, may not be available in all languages or in all countries and ENSOWT makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any Applicable laws, including, but not limited to, any Applicable local laws.

 

3.    Content

 

"Content" means any information that may be generated or encountered through use of the Service, such as media files, metadata, graphics, images, photographs and other like materials for use in SALT. You understand that all Content whether publicly posted or privately transmitted through the Service is the sole responsibility of the person from whom such Content originated. This means that you and / or any other person at site, and not ENSOWT, are solely responsible for any Content that is uploaded, downloaded, posted, emailed, transmitted, stored or otherwise made available through your use of the Service. SALT does not control the data conveyed via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.

 

The Service may allow you to submit user-generated content, including but not limited to names, addresses, telephone numbers, cities, states, zip codes, ages, photographs of drivers licenses, vehicular damage, and physical injuries (hereinafter Content). You hereby agree to grant ENSOWT a non-exclusive, royalty-free, sub licensable, transferable, and irrevocable permission to use, display, copy, distribute, publish, perform, transmit, broadcast, stream, prepare derivative works of, sell, modify, and adapt any Content that you add to or submit through the Service for the purposes of the Service. The purposes of the Service may include, but are not limited to making copies of your Content for storage or archival purposes, uploading your Content to ENSOWT servers, and submitting your Content, upon your request, to third party service providers who are advertising their services in your area. You give ENSOWT your permission to reproduce, publish, distribute, modify, destroy, or otherwise utilize your Content for the purposes of the Service. You hereby explicitly agree to waive all moral rights in or to your Content. ENSOWT does not claim any ownership rights in or to your Content outside of this non-exclusive permit.

 

You understand and agree that you are solely responsible for any Content that you submit to the Service. You warrant that any Content you submit to the Service will not infringe upon or violate the rights of third parties, including but not limited to copyright, trademark, privacy, publicity, or other personal or proprietary rights. You also warrant and agree that any Content you submit to the Service will not contain defamatory material in violation of local, state, national, or international law or regulations.

 

Account Registration: In order to use SALT Service and access the Services, you will be required to create an Account. You may never use someone else's Account. You may also never grant anyone else access to your Account. When creating an Account, you agree to provide accurate, current and complete information about yourself ("Registration Data") as prompted by our registration form. You also represent that we may rely on your Registration Data as accurate, current and complete.

 

Typographical Errors

The material in this site could include technical inaccuracies or typographical errors. SALT may make changes or improvements at any time.

 

 

 

4.    Your Use of the Service

 

4.1 Accuracy of Information

You agree that all information including but not limited to contact information you provide to SALT during the sign up process and use of the Service will be true, accurate, complete and current information.

 

4.2 Additional Obligations or Terms of Use

Particular components or features of the Service provided by SALT may be subject to separate agreements or terms of use.

 

4.3 No Conveyance

Nothing in these T & C shall be construed to convey to you any interest, title, or license in SALT used by you in connection with the Service.

 

 

 

 

 

5.    Product

 

5.1 Warranty Information & Disclaimers:

ENSOWT assumes no risk or responsibility for your use of any SALT PRODUCT OR SERVICE. ENSOWT products are designed to provide general guidance. It is the user's and purchaser's responsibility to comply with all applicable laws and insurance requirements. SALT makes no warranties to those defined as consumers in the Consumer Protection Act.

 

5.2 Changes:

SALT is committed to a continuing program of product improvement. Specifications, functionality, and appearance are subject to change without notice.

 

 

 

6.    Copyright & Trademark Notice

 

CONTENTS ©COPYRIGHT 2014 ENSOWT. SALT AND THE SALT LOGO ARE REGISTERED TRADEMARKS OF ENSOWT. ALL RIGHTS RESERVED.

 

All of the Content you see on the SALT SERVICE, including, for example, all of the page headers, images, illustrations, graphics, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by ENSOWT. The entire Content of this SERVICE is copyrighted as a collective work under Indian Copyright Act, and ENSOWT owns a copyright in the selection, coordination, arrangement and enhancement of the Content.

 

This Service contains ENSOWT and third-party trademarks and service marks. All marks are the property of their respective companies. All rights in the intellectual property contained in this Service including copyright, trademarks, trade secret and patent rights are reserved. Access to this Service does not constitute a right to copy or use any of the intellectual property of ENSOWT or its suppliers.

 

All material contained on this Site / Service is subject to the ownership rights of ENSOWT. ENSOWT hereby authorizes you to make a single copy of the content herein for your use in learning about, evaluating, or acquiring ENSOWT services or products. You agree that any copy made must include ENSOWT copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this Site. By submitting a design or logo to ENSOWT for any purpose, including the manufacture or imprinting of ENSOWT products, you warrant and represent that you are the sole, legal owner or licensee of all rights, including copyright, to each copyright, trademark, service mark, trade name, logo, statement, portrait, graphic, artwork, photograph, picture or illustration of any person or any other intellectual property included in such design.

 

All items shown on this Service containing corporate logos or registered trademarks are shown only to illustrate ENSOWT's logo reproduction capabilities. Purchase of merchandise from ENSOWT in no way grants you permission to reproduce logos, nor does it transfer, grant or lease ownership of any logos or trademarks to you.

 

 

 

 

7.    Privacy Policy

 

You understand that by using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service in accordance by ENSOWT. You further consent and agree that SALT may collect, use, transmit, process and maintain information utilizing the SALT SERVICE, for purposes of providing the Service, and any features therein, to you. Information collected by SALT when you use the Service may also include technical or diagnostic information related to your use that may be used by ENSOWT to maintain, improve and enhance the Service.

 

7.1 Consent to Use of Data:

You agree that Service Provider may collect and use technical data and related information, including but not limited to technical information about your device, system and Service software, and peripherals, that is gathered periodically to facilitate the provision of service updates, product support and other services to you (if any) related to the Service. Service Provider may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to You.

Nothing contained in this agreement or any other terms and conditions will prevent the access to your data to the law enforcement agencies / other state agencies as and when ENSOWT is legally required to do so under the law of the land.

 

7.2 Access and Use of Information:

Access to this Service is limited to viewing the linked Web pages solely for legitimate purposes to access the information provided by SALT at this Service. Any access or attempt to access other areas of the SALT computer system or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this Service other than in connection with a legitimate business purpose.

 

7.3 Submissions:

We welcome your comments regarding this SERVICE. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, Comments) sent to SALT shall be and remain the exclusive property of ENSOWT Your submission of any such Comments shall constitute an assignment to ENSOWT of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. ENSOWT will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

 

 

 

8.    Service and Software

 

8.1 Proprietary Rights

You acknowledge and agree that ENSOWT owns all legal right, title and interest in and to the Service, and any software / service provided to you as a part of and/or in connection with the Service, including any and all IPR that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

 

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from SALT.

 

 

9.    Third Party Links

In an attempt to provide increased value to our visitors, this Service may contain links to sites on the Internet that are owned and operated by third party vendors and other third parties (the External Sites). However, even if the third party is affiliated with SALT, ENSOWT has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ENSOWT. ENSOWT has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that ENSOWT sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, ENSOWT seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Service Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.

 

 

9.1 Services, Third Party Materials:

You understand that by using any of the Services available on the SALT website, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at Your sole risk and that the Service Provider shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

 

9.2 Use of Third Party Content

 

In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the devices are not available in all languages or in all countries. The Service Provider makes no representation that such Services and Materials are Appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at Your own initiative and are responsible for compliance with any Applicable laws, including but not limited to Applicable local laws. The Service Provider and its owners reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Service Provider be liable for the removal of or disabling of access to any such Services. The Service Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

 

10.    Disclaimer

 

10.1 Use at you own risk

Any use of Service or the information contained in the Service is at your own risk. ENSOWT will not be responsible for the consequences of your decision to utilize the information contained in the Service.

 

10.2 SALT is not a referral service

SALT is not a medical provider or referral agency. The services and information provided as part of the Service are not intended as medical / emergency advice but merely to convey general information and information related to issues commonly encountered at the scene of an accident. Your access to and use of SALT Service is at your own risk and subject to additional terms and conditions as provided in the EUA.

 

10.3 SALT Does Not Provide Recommendations

SALT does not recommend or endorse any particular medical service provider or emergency service (together Professional).. SALT does not offer any advice regarding the quality or suitability of any particular Professional toward a specific treatment or medical condition.

 

10.4 Medical Advice

The information is not, nor is it ever intended to be, a substitute for professional medical advice or Professional recommendations, diagnosis, or treatment. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific Professional.

 

DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE BECAUSE OF ANYTHING YOU READ ON THE SERVICE. DO NOT DELAY SEEKING PROFESSIONAL ATTENTION OR ADVICE BECAUSE OF ANYTHING YOU READ ON, CONNECTED TO OR ARE PROVIDED BY THE SERVICE.

 

IF YOU REQUIRE EMERGENCY MEDICAL ATTENTION CALL 100 OR GO TO A HOSPITAL EMERGENCY ROOM IMMEDIATELY.

 

 

 

 

11.    Claims

 

Each claim or statement about the effectiveness of ENSOWT products and/or each claim or statement comparing the effectiveness of ENSOWT products to the effectiveness of other products is expressly limited to INDIA, unless otherwise disclosed on the Site.

 

 

 

 

12.    Indemnification

 

You agree to indemnify, defend, and hold harmless ENSOWT, its officers, directors, employees, agents, licensors and suppliers (collectively the Provider) from and against all losses, expenses, damages and costs, including reasonable attorneys fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.

 

You agree to indemnify, hold harmless, and defend ENSOWT, its officers, members, employees, agents, and directors for any and all claims, demands, causes of action, debt, liabilities, damages, costs, or expenses, including costs and reasonable attorney fees arising out of or in relation to your use of the Service, your violation of a term or provision of this Agreement or your violation of the rights of a third party. You agree that your obligation to hold harmless, defend, and indemnify ENSOWT will survive the termination or failure of this Agreement and your use of the Service.

 

ENSOWT PROVIDES THE SERVICE ON AN AS-IS BASIS AND YOU USE THE SERVICE AT YOUR OWN RISK. ENSOWT PROVIDES THE SERVICE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF NON-INFRINGEMENT, WARRANTIES OF TITLE OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ANY ATTEMPTS BY ENSOWT TO MODIFY THE SERVICE WILL NOT BE DEEMED TO BE A WAIVER OF THIS LIMITATION OF LIABILITY.

 

ENSOWT WILL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, SPECIAL DAMAGES, EXEMPLARY DAMAGES, INDIRECT DAMAGES, LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, OR LOST INFORMATION OUT OF THE USE, WHETHER PROPER OR IMPROPER, OF THE SERVICE. ENSOWT DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR IN, OMISSION OF, INTERRUPTION OF DELETION OF, DEFECT IN, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY DATA. YOU BEAR THE SOLE RESPONSIBILITY TO PROTECT AND BACKUP YOUR OWN DATA, NETWORK, HARDWARE, SYSTEMS, SERVERS, SOFTWARE, COMPUTERS, PHONES, AND SECURITY. ENSOWT'S TOTAL LIABILITY UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LIABILITY FOR ANY ALLEGED NEGLIGENCE, ALLEGED GROSS NEGLIGENCE, ALLEGED CONTRIBUTORY NEGLIGENCE, ALLEGED COMPARATIVE NEGLIGENCE, TO YOU OR TO ANYONE ELSE CLAIMING ON BEHALF OF OR THROUGH YOU SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO ENSOWT. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS LISTED IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

ENSOWT shall not be liable to you for any delay or failure by ENSOWT to perform its obligation under this Agreement or otherwise if such delay or failure arises from any cause beyond the reasonable control of ENSOWT, including without limitation the generality of the foregoing, labor disputes, strikes, other labor or industrial disturbances, acts of God, flood, lightning, shortage of materials, rationing, utility or communication failures, restrictions, regulations or order of any government agency or subdivision thereof, or temporarily unavailability of the qualified service personnel due to service call(s) received before your call.

 

ENSOWT may provide the ability to contact emergency services within the Service. This service is provided to you on an as-is basis and without warranties or representation of any kind. YOU UNDERSTAND THAT YOU USE THE SERVICE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT ENSOWT WILL NOT BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OR LIABILITY THAT ARISES OUT OF OR IN RELATION TO YOUR INABILITY OR FAILURE TO CONTACT EMERGENCY SERVICES THROUGH THE SERVICE.

 

 

 

 

13.    Limitation of Liability

 

In no event shall ENSOWT be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if ENSOWT has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not Apply to you.

 

To the extent not prohibited by law, in no event shall Service provider be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Service, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Service provider has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.

 

 

 

14.    Applicable Laws

 

Your use of this Site shall be governed in all respects by the laws of the Republic of INDIA, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of ENSOWT products) shall be in the courts of Delhi. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. ENSOWT may assign its rights and duties under this Agreement to any party at any time without notice to you. ENSOWT makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside of Delhi do so, on their own initiative and are responsible for compliance with Applicable local laws.

 

 

 

15.    Arbitration

 

By using this Service, you agree that ENSOWT, at its sole discretion, may require you to submit any disputes arising from the use of this Service or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the Arbitration and Conciliation, 1996, by one or more arbitrators appointed solely at the Discretion of ENSOWT. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.

 

Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.

 

 

 

16.    Termination

 

These terms and conditions are Applicable to you upon your accessing this Service. The service is effective until terminated by you or Service Provider. Your rights under this agreement will terminate automatically without notice from the Service Provider if you fail to comply with any term(s) of this agreement. Upon termination of the agreement, you shall cease all use of the Service, and destroy all copies, full or partial, of the Service. These terms and conditions, or any of them, may be modified or terminated by ENSOWT without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.

 

 

 

17.    Miscellaneous

 

This Agreement constitutes the entire agreement between the parties relating to the subject matter of this Agreement and hereby supersedes all prior agreements, statements or representation.

 

You are expressly prohibited from assigning your rights or obligation under this Agreement without prior written consent from ENSOWT. ENSOWT may assign its rights or obligations under this Agreement at any time, including but not limited to in a sale of ENSOWT or a sale of the SALT Service.

 

This Agreement is solely between ENSOWT and you and will not confer any rights or remedies upon any third party, including third party beneficiaries.

 

A finding that any terms or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.

 

Other services provided by ENSOWT may be subject to different terms of use to which you also agree to be bound. To the extent that other terms conflict with this Agreement, you understand and agree that the terms of this Agreement will be considered controlling.

 

 

18. General

 

These T & C constitute the entire agreement between you and ENSOWT, govern your use of the Service and completely replace any prior agreements between you and ENSOWT in relation to the Service. You may also be subject to additional terms and conditions that may Apply when you use affiliate services, third-party content, or third-party software. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with Applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of ENSOWT to exercise or enforce any right or provision of these T & C shall not constitute a waiver of such right or provision.

 

Unpublished-rights reserved under the copyright laws of the Republic of India.

 

The laws of the Republic of India, excluding its conflicts of law rules, govern this agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.