The services, including the website and the content, are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Tagbin and its affiliated companies, licensors, suppliers, partners and sponsors, and each of their respective directors, officers, agents, contractors, advisors, employees, licensors and suppliers ("released entities") disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade.
For the sake of clarity, Tagbin does not warrant or covenant:
- That the services or content will meet your requirements or be available at any time or from any particular location;
- That the services or content will be accurate, secure, useful, timely, informational, uninterrupted or error-free;
- That defects or errors will be corrected; or
- That the services are free of viruses or other potentially harmful components.
Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
All or a portion of the Services may be temporarily unavailable from time to time for maintenance or other reasons. Tagbin 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. Tagbin 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 Tagbin be responsible for any loss, damage, personal injury or death resulting from anyone’s use of the Services. Tagbin 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.
Warranty disclaimer; limitation of liability.
To the fullest extent permitted by applicable law, Tagbin 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 other remedy of its essential purpose. Our liability in the case of gross negligence is limited to foreseeable damages typical for this type of contract.
The sole and exclusive maximum liability of Tagbin for all damages, losses and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise, related to your use or other exploitation of the services shall be the greater of (i) the total amount paid by you to Tagbin, if any, to access the services in the past twelve (12) months and (ii) one thousand rupees (Rs. 1,000/-).
Certain laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against the Tagbin 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 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.
To the extent that you do have any claims against Tagbin, you agree that:
- Any and all disputes, claims and causes of action against Tagbin arising out of or connected with your use of the Services shall be resolved individually, without resort to any form of action; and
- Any and all claims, judgments and awards shall be limited to actual damages and out-of-pocket costs incurred, but shall in no event include attorneys’ fees.
- Your use of the Services other than in accordance with these Terms and Conditions;
- Your conduct, acts and omissions in connection with the Services which breach these Terms and Conditions;
- Any dispute related to the Services between you and one or more users of the Services; and
- Your violation of these Terms and Conditions, any agreements between you and any third party relating to your use of the Services, or of any law or regulation or the rights of any third party, including but not limited to intellectual property rights.
The foregoing indemnification obligations will survive these Terms and Conditions and your use of the Services. Tagbin shall provide notice to you of any such claim, action or demand and Tagbin may, in Tagbin’s sole discretion, assist you, at your reasonable expense, in the defense or settlement of such claim, action or demand. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
Disputes; Governing Law; Choice of Forum
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 both the parties in equal proportions. The place of arbitration shall be at Gurgaon and any award whether interim or final, shall be made, and shall be deemed for all purposes between the Parties to be made in Haryana. 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 Haryana, INDIA.
You have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
How to contact us
Tagbin Services Pvt. Ltd.
Email Id: [email protected]
269, Jwala Mill Rd, Phase IV,
Udyog Vihar, Sector 18,
Gurugram, Haryana 122015