A. The Services are provided on an “as is” and “with all faults” basis, and without warranty or condition of any kind, either express or implied. Without limiting the foregoing, we explicitly disclaim any warranties, either express or implied, including without limitation, warranties of merchantability, and fitness for a particular purpose, non-infringement, and quality of Service. We make no warranty that the Service will meet your expectations, be free from viruses, or that data and content obtained through the service will be accurate, reliable or current, or that the service will be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that the use of the Service is at your own discretion and sole risk and that the entire risk as to the results and performance of the Service, including, without limitation, any damages to your computer system, tablet, mobile device or data stored on it, is solely Yours.
B. All or a portion of the Services may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications. The Company also is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including without limitation injury or damage to any person’s computer (including without limitation any tablet or smartphone) or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet or in connection with the Services. Under no circumstances will the Company be responsible for any loss, damage, personal injury or death resulting from anyone’s use of the Services. The Company has no special relationship with or fiduciary duty to you. For the avoidance of doubt, nothing in these Terms and Conditions shall seek to limit or exclude our liability for death or personal injury caused by negligence, for fraud or for fraudulent misrepresentation.
C. To the fullest extent permitted by applicable law, the Company makes no representations or warranties whatsoever, express or implied, with respect to the services, including without limitation any (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise. In no event shall any released entity be liable to you or to any third party for any loss of use, revenue or profit or loss of data or diminution in value, or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not such party has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or another remedy of its essential purpose.
D. Though the Company accepts no liability and no refund to users, however, the total liability of the Company towards the user in respect of all other losses arising under or in connection with these terms and conditions, tort (including negligence), breach of statutory duty, or otherwise, will not exceed an amount equal to the fees payable by the user under the agreement in relation to the services giving rise to the liability.
I. Limitation of Liability
A. You acknowledge and agree that in no event will We (including, without limitation, our affiliates and their respective officers, directors, employees and agents) be liable for any direct, indirect, special, punitive, incidental or consequential damages or losses (including, without limitation, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of your use of or inability to use the service, or improper use of the Service, even if you have been advised of the possibility thereof and regardless of the form of action, whether in contract, tort, or otherwise. You further acknowledge and agree that we may change the Service in whole or in part in its sole discretion without notice to you and without any liability to you whatsoever in connection therewith.
B. You further acknowledge and accept that Byloapp is a hyper-local marketplace, thereby connecting customers with merchants/ sellers of goods or services from the local marketplace. You, the User, shall not hold Byloapp liable for any damages, injury or loss caused due to the use of the Byloapp Website.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against the Company from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with the use of the Services, including without limitation any dispute between users of the Services or between a user of the Services and any third party.
IV. Disputes; Governing Law; Choice of Forum
A. Any dispute, controversy or claims arising out of or relating to this Agreement or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the [Indian] Arbitration and Conciliation Act, 1996 as amended up to date. If the parties cannot agree upon an arbitrator within thirty (30) days from the date the claimant’s request for arbitration was served on the other party or parties, the sole arbitrator shall be appointed by the Law in accordance with the Rules. The cost of arbitration proceedings including the fee of the arbitrator shall be borne by the User. The place of arbitration shall be at Indore and any award whether interim or final, shall be made, and shall be deemed for all purposes between the Parties to be made in Indore, Madhya Pradesh. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English. The procedural law of the arbitration shall be Indian law. The award of the arbitral tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the [Indian] Arbitration and Conciliation Act, 1996 as amended up to date, shall apply. The arbitrator will have the authority to award money damages (with interest on unpaid amounts from the date due), specific performance, and temporary injunctive relief, but not the authority to award exemplary or punitive damages, and any claimed right to such damages is expressly waived. The rights and obligations of the Parties under, or pursuant to, this Clause, including the arbitration Agreement in this Clause, shall be governed by and be subject to Indian law, and the Agreement shall be subject to the exclusive jurisdiction of the courts at Indore, Madhya Pradesh, INDIA. (and You consent to the jurisdiction of those courts).
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