Terms and Conditions
Terms and Services
UTHHAN GLOBAL WebSite is an online marketplace for global customers outside India to purchase handicraft products and developed by Golden Era Software Solutions and Consultancy.subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Uthhan.org MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses, and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are UTHHAN GLOBAL AND GOLDEN ERA SOFTWARE SOLUTIONS AND CONSULTANCY, its affiliates, or other third-party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE, AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to UTHHAN GLOBAL a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums, and newsgroups) or by e-mail to UTHHAN GLOBAL by all means and in any media now known or hereafter developed. You also grant to UTHHAN GLOBAL the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you shall have no recourse against UTHHAN GLOBALfor any alleged or actual infringement or misappropriation of any proprietary right in your communications to UTHHAN GLOBAL. Other product and company names mentioned on the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products, or services clearly identified as being supplied by UTHHAN GLOBAL, UTHHAN GLOBAL does not operate, control or endorse any information, products, or services on the Internet in any way. Except for UTHHAN GLOBAL identified information, products or services, all information, products, and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with UTHHAN GLOBAL. You also understand that UTHHAN GLOBAL cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Uthhan.org PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND UTHHAN GLOBAL SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE, AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. UTHHAN GLOBAL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. UTHHAN GLOBAL HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. LIMITATION OF LIABILITY IN NO EVENT WILL UTHHAN GLOBAL BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Uthhan.org OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, UTHHAN GLOBAL LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. UTHHAN GLOBAL makes no representations whatsoever about any other website which you may access through this one or which may link to this Site. When you access a UTHHAN GLOBAL website, please understand that it is independent of UTHHAN GLOBAL and that UTHHAN GLOBALhas no control over the content on that website. In addition, a link to a UTHHAN GLOBAL website does not mean that UTHHAN GLOBAL endorses or accepts any responsibility for the content, or the use, of such website.
By creating an Account in UTHHAN GLOBAL as an Authorized User and/or by accessing and using the UTHHAN GLOBAL Platform or website, https://uthhanglobal.gergstore.com , you accept these Terms of Service (the “Terms”), and you acknowledge that you, on your own behalf as an individual and on behalf of your employer or another legal entity (collectively, “you” or “your”), have read and understood and agree to comply with these Terms, and are entering into a binding legal agreement with GOLDEN ERA CONSUMER DURABLES. and/or, where applicable, one of its group companies or affiliates (“UTHHAN GLOBAL, “us”, “we” or “our”). If you are creating an Account, you are entering into these Terms on behalf of your team, company, organization, or any other entity that you either represent or belong to (the “Organization”), and you represent and warrant that you have or you were granted full authority to bind your Organization to these Terms. If you do not agree to comply with and be bound by these Terms or do not have authority to bind your organization, please do not accept these Terms or access or use the Platform. To the extent allowed under applicable law, you hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records. If you have executed a written contract, service order or other agreement with UTHHAN GLOBAL governing your access to and use of the Platform, then the terms of such agreement will govern and will supersede these Terms; except for the terms herein that refer to your access to, use of and/or registration for the Site, all which shall remain in effect. All capitalized terms used herein shall have the meanings given for such terms herein.
3. Description of the Service and Site.
3.1.Service. GOLDEN ERA SOFTWARE SOLUTIONS AND CONSULTANCY is the owner or licensee of the UTHHAN GLOBAL platform, a marketplace for handicraft products in various categories and usage data for websites and mobile apps which is made available to you on a software as a service (SaaS) basis (the “Platform”) through a web portal on our Site, and includes: (i) the software that you access via the Site; (ii) any other applications, extensions and features, if any, made available or provided to you by UTHHAN GLOBAL in connection with the Site or Platform (the “Applications”); and (iii) the trademarks and logos (“Marks”), content, text, documents, descriptions, products, graphics, photos, sounds, videos, interactive features (together with the Marks, “Content”), contained in or made available through the Site or Platform.
3.2. Site. The Site https://uthhanglobal.gergstore.com is intended to provide you with information about UTHHAN GLOBAL and its products, to enable you to purchase handicraft products to the Platform and provide registered users with a web portal to access the Platform and use the services and download the Applications, if any.
3.3 Ability to Accept Terms. If you, as a registered user, access and use the Site and/or Platform, you represent and warrant that you are at least 18 years old. The Site and/or Platform is only intended for individuals aged thirteen (13) years or older. If you are under 13 years old please do not visit, access, or use the Site and/or Platform. If you are between 13 and 18 years of age, then you must review these Terms with your parent or guardian before visiting, accessing, or using the Site to make sure that you and your parent or guardian understand these Terms and agree to them. You may not access and use the Platform if you are, and you represent and warrant that you are not, a competitor of UTHHAN GLOBAL.
3.4. Registration. Subject to your compliance with these Terms as an Authorized User, UTHHAN GLOBAL hereby grants you a non-exclusive, non-transferable, worldwide, revocable and limited license to use and explore the products and services of the Platform with the features described on the Site (“Registration”) to access and use the Platform during the Registration Period. A“Registered User” means an individual who has been supplied with a single user identification and password to access and use the Platform on his/her own behalf. Your use of the Platform shall be permitted only by indicating the names, business email addresses, and primary locations of the personnel intended as the Authorized Users. UTHHAN GLOBAL shall provide you, for each Authorized User, a user name and password for logging into the Platform, following which use of the Platform by each Authorized User shall be enabled.
4. Indemnification.
You agree to indemnify, defend UTHHAN GLOBAL and hold harmless, its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessin
5. Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses, and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights), and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of India applicable to agreements made and to be performed in India. You agree that any legal action or proceeding between UTHHAN GLOBAL and you for any purpose concerning this Agreement or the parties obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in India. Any cause of action or claim you may have with respect to the Service must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action is barred. UTHHAN GLOBAL's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. UTHHAN GLOBAL may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
7 . SHIPPING; DELIVERY; PACKING; QUANTITIES:
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(a) All shipments of Items to UTHHAN GLOBAL shall be FOB destination. Delivery date(s) (“Delivery Date(s)”) as provided in connection with the Purchase Order shall be binding upon the Seller. Time shall be of the essence with respect to
any Delivery Date(s) hereunder. The delivery time and terms will be based on the terms of logistics by air/ship ( As chosen by the User).
(b) The mode of transport is decided by the user and the weight and freight charges are governed by international shipping policies.
8. Returns and Refunds
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a) Refer to our Returns and Refund policy for more details
b) The same will be updated on a regular basis.
9. Site Access
We hereby grant you permission to visit and use the Site for your information and personal use only (and, where applicable, the internal business purposes of your Organization), subject to these Terms and your compliance with applicable law.
10. Account
In order to use the Platform and become a Registered User, you are required to create a personal user account (“Account”). In creating your Account, you acknowledge and agree: (i) to provide accurate and complete Account and login information; (ii) to keep, and ensure that your User Account login details and password are kept, secure at all times; (iii) to remain solely responsible and liable for the activity arising out of any failure to keep your Account details confidential; and (iv) to promptly notify UTHHAN GLOBAL in writing if you become aware of any unauthorized access or use of your Account or the Platform. In creating your Account, you further represent and warrant that you were not previously blocked by UTHHAN GLOBAL from having an Account or otherwise using the Platform.
11. User Submissions
11.1. Responsibility. The Site may permit the publishing of certain data, information or content by you and other users (“User Submissions”). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions posted on the Site at any time and for any reason.
11.2. Ownership. You, as a Registered User, represent and warrant that you own or have the necessary rights and permissions to use, and authorize UTHHAN GLOBAL to use, all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. “Intellectual Property Rights” means any and all rights, title and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
11.3. License to User Submissions. By submitting the User Submissions to UTHHAN GLOBAL, you hereby grant UTHHAN GLOBAL a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and UTHHAN GLOBAL business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
11.4. Exposure to User Submissions. You understand and acknowledge that when accessing and using the Site: (i) you will be exposed to User Submissions from a variety of sources and that UTHHAN GLOBAL is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, or otherwise objectionable. You hereby waive any legal or equitable rights or remedies you may have against UTHHAN GLOBAL with respect to User Submissions.
12. Intellectual Property Rights
12.1. Site, Platform, and Applications. The Platform, Site, and the Applications, including all Content, contained or displayed on the Site (excluding User Submissions), Applications or Platform, are the property of UTHHAN GLOBAL and may be protected by applicable copyright or other intellectual property laws and treaties. Title and full, exclusive ownership rights in the Site, Platform and Applications (and all parts of either, including the Content), and all reproductions, corrections, modifications, enhancements and improvements, and all related patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill, including data related to your usage of the Site (excluding User Submissions), Applications and Platform, and UTHHAN GLOBAL's intellectual property, and any rights therein not explicitly granted to you hereunder, are reserved to and shall remain solely and exclusively proprietary to UTHHAN GLOBAL (or its third-party providers). “ UTHHAN GLOBAL”, the UTHHAN logo, and other marks are Marks of UTHHAN GLOBAL or its affiliates. All other trademarks and logos used on the Site, Applications, or Platform are the trademarks, Platform marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Platform, Applications, Site, and the Content.
12.2. Feedback. It is anticipated that you, as an Authorized User or a Site visitor, may provide suggestions, comments, or other feedback to the UTHHAN GLOBAL Platform and/or the Site (“Feedback”). Feedback shall be deemed the sole property of UTHHAN GLOBAL. Without derogating from the above, UTHHAN GLOBAL will be free to adopt such Feedback for any of its products or Platforms, use it in any other manner, disclose, reproduce, license or otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. You and your Organization hereby waive any right to the Feedback, including but limited to, moral rights and any right for royalties or any other consideration. Without derogating from the above, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform any information and/or content that you post, disclose, publish or otherwise make available in the course of UTHHAN GLOBAL webinars, customer forums/blogs, community forums/blogs or any other similar event or venue, including without limitation for publishing and redistributing part or all of such information and/or content (and derivative works thereof) in any media formats and through any media channels, and you hereby waive any moral rights in such information and/or content, to the extent permitted by law.
13. Privacy Policy
You acknowledge and agree that we will use any personal information that we may collect or obtain in connection with the Site and/or the Platform in accordance with our Privacy Policy available at (“Privacy Policy”).
13.1. Objection. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site, Platform, or Applications in any way, your only recourse is to immediately discontinue use of the Site, Platform, or Applications.
13.2. Effect of Termination of Platform. Upon termination of your User account to the Platform, your Account and all licenses granted by UTHHAN GLOBAL to you under these Terms with respect to the Platform shall be terminated and will lose all access to the Platform or Applications. We shall not be liable to you or your organization or any third party for termination of your use of or access to the Site, Platform, or Applications, or any portion thereof.
14. Suspension
If we believe, in our sole discretion, that you are using the Platform in a manner that may cause harm to us or any third party, or which is in breach of these Terms, then we may, without derogating from our right to terminate your Subscription as specified in these Terms, suspend or terminate your User Account or your access to and use of the Platform, or parts thereof.
15. Warranty Disclaimer.
15.1. The Site, Platform, and APPLICATIONS are provided on an “as is” and “as available” basis, and without warranties of any kind either express or implied. You assume all responsibility for accessing and using the Site and Platform and for the selection of the Platform to achieve your intended results. UTHHAN GLOBAL HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15.2. The data contained on the Site, Platform, and APPLICATIONS is based on information and content obtained by UTHHAN GLOBAL from third parties, including estimations and extrapolations based on such data. UTHHAN GLOBAL, ITS AFFILIATES, AND THIRD-PARTY PROVIDERS shall not be held responsible OR LIABLE for the accuracy of the Platform data or any omissions of data in or from the Site, Platform, and APPLICATIONS. UTHHAN GLOBAL, ITS AFFILIATES, AND THIRD-PARTY PROVIDERS shall have no responsibility or liability for any BUSINESS CONDUCTED, DECISIONS MADE, OR ANY OTHER action or inaction by YOU or YOUR ORGANIZATION AND ITS AFFILIATES, customers, partners or parties with whom YOU do business, whether or not based in whole or in part on THE Site, Platform OR APPLICATIONS OR ANY data accessed THEREFROM by YOU OR YOUR ORGANIZATION.
15.3. UTHHAN GLOBAL DOES NOT WARRANT THAT THE Site, Platform, and APPLICATIONS OR ACCESS TO AND USE OF THE Site, Platform, and APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR PLATFORM IS FREE FROM VIRUSES OR OTHER HARMFUL CODE.
15.4. UTHHAN GLOBAL OFFERS NO WARRANTY REGARDING THE RELIABILITY OF THE PERFORMANCE OF THE PLATFORM OR APPLICATIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE PLATFORM OR APPLICATIONS, INCLUDING ANY ANTI-VIRUS OR ANTI-SPAM FEATURES, WILL DETECT, BLOCK OR PREVENT VIRUSES, SPAM, OR OTHER HARMFUL OR UNWANTED CODE OR INTRUSIONS.
15.5. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
15.6. Applicable law may not allow the exclusion of certain warranties, so to that extent, such exclusions may not apply.
16. Limitation of Liability
NOT WITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW:
16.1. IN NO EVENT WILL UTHHAN GLOBAL, ITS AFFILIATES, AND THIRD-PARTY PROVIDERS, BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS FOR: (A) ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES; (B) ANY LOSS OF PROFITS, BUSINESS, OR ANTICIPATED SAVINGS; (C) ANY LOSS OF, OR DAMAGE TO DATA, REPUTATION, REVENUE OR GOODWILL; AND/OR (D) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR PLATFORMS.
16.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF UTHHAN GLOBAL, ITS AFFILIATES, OR ITS THIRD-PARTY PROVIDERS, UNDER, OR OTHERWISE, IN CONNECTION WITH, THESE TERMS (INCLUDING THE SITE AND THE PLATFORM), EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU (IF ANY) IN THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.
16.3. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 16 SHALL APPLY: (A) EVEN IF UTHHAN GLOBAL, ITS AFFILIATES OR THIRD-PARTY PROVIDERS, HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (B) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (C) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT).
16.4. NO ACTION, REGARDLESS OF FORM, MAY BE BROUGHT BY YOU AFTER THE EARLIER OF (A) 3 MONTHS AFTER THE DATE ON WHICH YOU BECOME AWARE THAT A CAUSE OF ACTION HAS ARISEN, OR (B) THE PERIOD SET FORTH UNDER THE APPLICABLE STATUTE OF LIMITATIONS.
18. Third-Party Software
Portions of the software upon which the Platform is based may include third-party open-source software that is subject to third-party terms and conditions (“Third Party Terms”). If there is a conflict between any Third Party Terms and these Terms, then the Third Party Terms shall prevail but solely in connection with the related third party open-source software. Notwithstanding anything to the contrary, UTHHAN GLOBAL makes no warranty or indemnity hereunder with respect to any third-party open-source software.
19. Assignment
These Terms, and any rights granted hereunder, may not be transferred or assigned by you but may be assigned by UTHHAN GLOBAL without restriction.
20. Customer Reference
You acknowledge and accept that UTHHAN GLOBAL has the right to use your name and details to identify you as a customer of UTHHAN GLOBAL or user of the Platform, on UTHHAN GLOBAL website, marketing materials, or otherwise by announcements on social media, or otherwise.
21. Modifications
We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following our sending a notice thereof to you or posting the revised Terms on the Site, and your continued use of the Platform thereafter means that you accept those changes.
22. Governing Law and Disputes.
22.1. These Terms and any disputes between you and UTHHAN GLOBAL shall be governed by the laws of India, without reference to its conflict of laws rules.
22.2. The exclusive jurisdiction and venue for all disputes between you (and your Organization) and UTHHAN GLOBAL shall be the courts located in Bengaluru, and each party hereby irrevocably consents to the jurisdiction of such courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms. Not withstanding the foregoing, UTHHAN GLOBAL reserves the right to seek injunctive relief in any court in any jurisdiction.
23. General
We reserve the right to discontinue or modify any aspect of the Site or Platform at any time. Section headings in these Terms are provided for convenience only and have no substantive effect on construction. Except for your obligation to pay UTHHAN GLOBAL, neither party shall be liable for any failure to perform due to causes beyond its reasonable control. Nothing herein shall be construed to create any employment relationship, partnership, joint venture, or agency relationship or to authorize any party to enter into any commitment or agreement binding on the other party. If any provision of these Terms is held to be unenforceable, these Terms shall be construed without such provision. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party’s right to exercise such right or any other right in the future. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. These Terms, and the Privacy Policy, represent the complete agreement concerning the Platform and the Site between you and UTHHAN GLOBAL and supersede all prior agreements and representations related to the subject matter hereof.
24. If you have any questions or comments regarding this Privacy Policy, our Terms of Service, or this System, please feel free to contact us by e-mail at uthhanglobal@gmail.com