Welcome to Edigitalhive! These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your use of our website www.edigitalhive.com (the “Site”). By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Site.
Use of the Site
Eligibility
You must be at least 18 years old to use the Site. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all the terms and conditions set forth herein.
User Accounts
To access certain features of the Site, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
Content
User Contributions
The Site may allow you to post, submit, publish, display, or transmit content, including reviews, comments, and other materials (collectively, “User Contributions”). By providing any User Contribution on the Site, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Contributions for any purpose.
Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
- Using the Site for any unlawful purpose or in violation of any local, state, national, or international law.
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available.
- Uploading, posting, or otherwise transmitting any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Uploading, posting, or otherwise transmitting any viruses, Trojan horses, or other harmful code.
Intellectual Property
The Site and its original content, features, and functionality are and will remain the exclusive property of Edigitalhive and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Disclaimer of Warranties
The Site is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Site, the information, content, materials, or products included on the Site, or the accuracy, reliability, or completeness of any information provided through the Site. You expressly agree that your use of the Site is at your sole risk.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Edigitalhive, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Site; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Site;
(iv) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Site by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site; and/or (vi) the defamatory, offensive, or illegal conduct of any third party. In no event shall Edigitalhive’ liability exceed the amount paid by you, if any, for accessing the Site.
Indemnification
You agree to defend, indemnify, and hold harmless Edigitalhive, its affiliates, licensors, and service providers, and their respective officers, directors, employees,
managers, members, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney’s fees) arising from:
- Your use of and access to the Site;
- Your violation of any term of these Terms and Conditions;
- Your violation of any third-party right, including without limitation any intellectual property, property, or privacy right;
- Any claim that your User Contributions caused damage to a third party.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
Governing Law
These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of Delhi applicable to agreements made and to be entirely performed within the State of Delhi, without regard to its conflict of law principles.
Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the Indian Arbitration Association and, where appropriate, the Supplementary Procedures for Consumer Related Disputes. Your arbitration fees and your share of arbitrator compensation shall be governed by the Consumer Rules and, where appropriate, limited by the Consumer Rules.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable rules or applicable law, the arbitration will take place in Delhi, India. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Miscellaneous
These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
Contact Us
If you have any questions or comments about these Terms and Conditions, please contact us at: Thank you for visiting Edigitalhive and adhering to our Terms and Conditions. We value your presence and aim to provide the best service possible.