Terms & Conditions
Easy M Private Limited
Last Updated: 3/11/2024
The following Terms and Conditions apply to the “use” of our EASYM website, mobile site or app(“EASYM Website” or “Website”), the official website of EASY M PRIVATE LIMITED(“EASY M”, “We”, “Us”, “Our”) located at https://easym.in and all the associated products and services (collectively “Services”) that We make available to You through the Website.
The terminology throughout the document “Client”, “You”, “Your” refers to the person accessing the Website in any manner, automated or otherwise and “Party”, “Parties” refers to both the Client and Us. “Order” broadly refers to supply goods or to perform work in exchange for money, otherwise expressly redefined in any section of these Terms and Conditions. Any use of the terminology herein, in singular, plural, capitalization is taken as interchangeable and therefore as referring to same. Accessing the Website for the exclusive purpose of reviewing these Terms and Conditions does not constitute Your “use” of the Website or agreement to be bound by these Terms and Conditions unless You further access or use the Website.
Your use of the Website is governed by our Terms and Conditions, our Privacy Policy and any other Terms and Conditions and Policies that are specific to the Services You opt to use. By accessing the Website, You acknowledge that you have read, understood and agree to the set forth Terms and Conditions in whole. DO NOT CONTINUE THE USE OF THE WEBSITE OR SERVICES IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS.
EASY M reserve the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time, in which case we will post the revised Terms and Conditions on the Website and update the "Last Updated" date to reflect the date of the changes. It is Your responsibility to check these Terms and Conditions time to time for changes. Your continued use of the website following the posting of the changes will mean that You accept the Terms and Conditions.
We also reserve the right to deny access to the Website to anyone who violates these Terms and Conditions or who, in our sole judgment, interferes with the ability of others to enjoy Our Website or infringes the rights of others.
1. Age Restriction
The Website and Services are intended for users 18 and older. By accessing or using the Services, You represent and warrant that You are at least eighteen (18) years old, or any higher minimum age in the jurisdiction where You reside. If You are under 18 years old, You must obtain permission from a parent or guardian to use the Website and Services. Parents or guardians are responsible for all activity of minors on the Website and Services.
2. Access to Services
In order to access Our Services, We require You to register a customer account with Us. Such registration requires You to provide information such as Your name, email address and contact number. You agree to provide true, accurate, current and complete information about Yourself as prompted by the Website's registration form. If We have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Website (or any portion thereof). Our use of any information You provide to Us as part of the registration process is governed by the terms of Our Privacy Policy.
3. Responsibility for Your Password
In order to access Our Services, We require You to register a customer account with Us. Registration process requires You to setup a password to access Your account. You are responsible for maintaining the confidentiality of Your password and account, and are responsible for all activities (whether by You or by others) that occur under Your password or account. You agree to notify Us immediately of any unauthorized use of Your password or account or any other breach of security, and to ensure that You exit from Your account at the end of each session. We cannot and will not be liable for any loss or damage arising from Your failure to protect Your password or account information.
4. Privacy
At EASY M we respect the privacy of the users of Our Website. Please review Our Privacy Policy located at https://easym.in/legal/privacy_policy. These Terms include and fully incorporate Our Privacy Policy.
5. On Demand Manufacturing(“ODM”)
5.1 About Service. When You register a customer account with EASY M, You are granted a limited, revocable, non-exclusive license to use Our ODM service for Your personal or business purposes. Using ODM service You can upload design files for Your manufacturing projects(“Project”). We generate approximate Price and Lead Time(“Quotation”) against Your Project through the bidding process among Our third-party manufacturing vendors(“Vendor”) within EASY M network. Upon acceptance of the quotation from Your end either EASY M or Our Vendor will complete and deliver the project to You. ODM service is designed to provide You with exceptional manufacturing services including but not limited to greater efficiencies in generating quotations, reduced Project lead times and lower manufacturing costs.
5.2 Creating Projects. To access the ODM service You must create a New Project from Your registered customer account. Each Project can be of two types Manufacturing or End to End. Manufacturing Projects comprises of a single part - single process job. End to End (or “E2E”) Projects comprises of multiple parts - multiple process job. E2E Projects can in turn be of two types Sample or Batch Production. To create a Manufacturing Project, You upload a single design file of Your part, select part specifications (“Specifications”) and the quantity to be manufactured. To create E2E-Sample Project You must upload design files of all the parts, upload specifications for all parts (Manufacturing Process, Material, Coating, Tolerance), upload assembling instructions and specifications, upload packaging instructions and specifications and/or any other set of instructions and specifications in the allowed file formats and within the file upload rules and restrictions. E2E-Sample Projects have a fixed quantity of one (1). To create E2E-Batch Production Project You select from one of the completed E2E-Sample Project to associate with Your E2E-Batch Production Project and the quantity to be manufactured.
When You upload, or otherwise make available, the design files or other content, including Project Specifications(“Your Content”), to the Service, You agree and represent that You own Your Content, or that You have received all necessary permissions, clearances, and authorizations in order to submit it to the Service and grant the rights and licenses contained in these Terms. You certify that Your Content do not infringe or violate any Intellectual Property Rights of any third-party, and EASY M’s use, store and make available Your Content does not violate these Terms.
By creating the Project, You hereby grant to EASY M a non-exclusive, perpetual, royalty free and worldwide right and license to use, reproduce, and sublicense (to a Vendor) Your Content to enable Us to generate Quotation for You.
5.3 Quotations. Once You create a project it will be reviewed by Us for any possible conflicts between the selected Specifications and uploaded design file(s). If a conflict arises EASY M will suggest resolution to You through means of communication as deemed fit by EASY M in its sole discretion. EASY M WILL NOT CHANGE THE SPECIFICATIONS OF ANY PROJECT WITHOUT OBTAINING WRITTEN APPROVAL FROM YOU. ANY SUGGESTION RECEIVED WITH RESPECT TO YOUR PROJECT FROM EASY M DIRECTLY OR THROUGH THE WEBSITE WILL NOT CREATE ANY WARRANTY OTHERWISE EXPRESSLY MADE HEREIN. You may edit the project specifications or design file(s) until the project is in review. Once successful review We will generate quotations through bidding amongst our Vendors for Your project. Best quotation(s) will be forwarded to You with information including estimated manufacturing cost, lead time and validity time for quotation. EASY M reserve the right to update, change or delete any quotation at any time, without any prior notice, for a Project. We do Our best to prevent errors in the pricing. However, should an error occur, We are not bound by Our offer and may cancel the Order.
5.4 Placing Order. Contract to manufacture a project is termed as Order (or “Manufacturing Order”) in the exclusive scope of SECTION 5. ON DEMAND MANUFACTURING unless mentioned otherwise. No Order exists between EASY M and a Client until EASY M acknowledges receiving of an advance payment for a Project through confirmatory email, or other means of communication as deemed fit by EASY M in its sole discretion. Upon acknowledgment the Project is considered Ordered. It is Your sole responsibility to verify the Order details in confirmatory email. Should there be an error You should send an email to our customer service as soon as possible. By placing the Order, You hereby grant to EASY M a non-exclusive, perpetual, royalty free and worldwide right and license to use, reproduce, and sublicense (to a Vendor) Your Content to enable us to manufacture Your Project for You.
5.5 Payments. ODM service is a prepaid service. You agree to pay 100% of the Order value using a payment method accepted by Us (“Payment Provider”) at the time of placing the Order. You must refer to the Payment Provider Agreement and not this Agreement to determine Your rights and liabilities. For Manufacturing Orders above certain value (“Threshold Amount”) decided by EASY M, at its sole discretion, We may offer an option to place the Order with advance payment of 50% of the total Order value. By opting for the option, You agree to pay any outstanding amount within thirty (30) Days of order confirmation or whenever requested by EASY M, whichever is earlier. EASY M reserves the right to require 100% payment in advance for all the Manufacturing Orders with Order value below or equal to the Threshold Amount. All invoices are due thirty (30) days after the date of invoice and are due in full, without any deductions or offsets. All invoices will be deemed final and binding unless You object to an invoice, in writing, within ten (10) days of receipt. All invoices not paid in full within such thirty (30) day period shall bear interest at the rate of 1.5% per month or the highest rate permitted under law. EASY M reserves the right at any time to change its prices and billing methods. All prices are calculated in Indian Rupee and payment to EASY M must be in the form of INR. EASY M reserves the right to suspend manufacturing of a Project in the event You fail to pay all outstanding amounts when due. EASY M retains full legal title to the Project until it has received full payment with respect to such Project and payment on any other Project that You have ordered. EASY M reserves the right to abstain manufacturing of additional Orders, or additional components of an existing Order, as long as the outstanding amounts are not paid in full.
5.6 Order Cancellation by Us. Easy M reserve the right to revoke and/or cancel any Quotation/Order at any point during the whole process (including after acceptance of your Order). Common reasons to Cancel an Order are, but not limited to, (a)A technical error while Ordering, (b)Design not feasible for manufacturing, (c)Delivery not feasible at selected location, (d)Concern over intellectual property ownership. EASY M is not obligated in any way to reveal the reason for cancellation to You if it chooses to do so. In the event of Order Cancellation by Us, We will refund all the monies paid for such Order.
5.7 Order Cancellation by You. SINCE EACH ORDER IS CUSTOM MANUFACTURED, YOU WILL NOT BE ABLE TO CANCEL THE ORDER ONCE THE WORK ON THE PROJECT STARTS. EASY M, at its sole discretion, may permit a Client to cancel an Order and may deduct a cancellation fee not to exceed 3% of the total Order value if a Client requests such a cancellation from EASY M, provided that no work has been done for such an Order as of the date of cancellation.
5.8 Shipping. EASY M offers doorstep delivery for all its Orders. We may charge an additional shipping fee for an Order which can be viewed by You in the cost breakdown while placing the Order. Lead time/Expected Delivery present in the Quotation/Order are merely our best estimate of time required to fulfil Your Order and it does not bind EASY M in any way. We make reasonable efforts to deliver Your Order within the timeline indicated at the time of placing Order. Should a delay occur, EASY M will not be liable for any damage or additional costs.
5.9 Warranty Disclaimer. EASY M only warrants that the projects manufactured by Us or Our Vendors will substantially meet the project specifications within the limitations of the manufacturing technology used. EASY M does not warrant Your Design or specifications. You maintain sole responsibility for the design, specifications and performance of the project. EASY M does not warrant about the Project itself and does not guarantee that the Project will fit your particular purpose or any purpose in general. BECAUSE THE PROJECTS ARE BASED ON THE DESIGN AND SPECIFICATIONS PROVIDED BY YOU, EASY M MAKES NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1)THE PROJECT WILL MEET YOUR USE REQUIREMENTS, (2)THE PROJECT FIT FOR ANY PARTICULAR PURPOSE, OR MERCHANTABLE, OR (3)THE PROJECT DESIGN IS DEFECT OR ERROR FREE. ANY SUGGESTION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EASY M OR THROUGH THE WEBSITE WILL NOT CREATE ANY WARRANTY OTHERWISE EXPRESSLY MADE HEREIN.
EASY M encourages You to inspect the Project immediately upon delivery or as soon as possible. We offer a warranty period of three (3) days from the delivery date of the Project, where the Project shall conform to the Specifications of such project. For non-conformity warranty claims You certify that the Project was non-conformant, in all material respects, when it was delivered to You and the non-conformity was not risen by Your mishandling of the Project. EASY M reasonably confirms such non-conformity and in doing so it may require You to take reasonable action to provide proof of non-conformity or return the Project to EASY M. In the event of acceptance of your warranty claim EASY M will, as Your sole and exclusive remedy, replace or refund for such non-conforming Projects at EASY M’s sole cost and expense. If You fail to notify Us within the warranty period, We assume the project meets its Specifications and We shall have no further obligations with respect to such Project.
5.10 Intellectual Property Rights. You retain all rights, including but not limited to, copyrights, moral rights, trademark rights, patent rights, trade secret rights, and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing (“Intellectual Property Rights”) in and to Your Content that You upload to or otherwise make available on the Website (“Your Content”). You agree and represent that You own Your Content, or that You have received all necessary permissions, clearances, and authorizations in order to make it available to the Website and grant the rights and licenses contained in these Terms. You certify that Your Content do not infringe or violate any Intellectual Property Rights of any third-party, and EASY M’s use and making available Your Content does not violate these Terms. EASY M reserves the right to determine, in its sole discretion, if Your Content infringes the intellectual property rights of a third-party, in which case EASY M reserve the right to abstain from manufacturing of such Project. You hereby grant to EASY M a non-exclusive, perpetual, royalty free and worldwide right and license to use, reproduce, and sublicense (to a Vendor) Your Content to design, manufacture and deliver Your Projects to You and to improve the Website and Services.
5.11 Confidentiality. Your Content on the Website is secure with these legally binding Terms. In addition to the terms, we employ commercially reasonable efforts to minimises the data shared within Our connected Vendors, only on a need to know basis or as permitted herein. Your Content is sent to our secure servers via encrypted channel. We take your data security as top priority and is safe with Us. EASY M reserve the right to keep archival copies of Your Content in respect to Our Data Retention Policy and to comply with any applicable law. EASY M respects all requests for return or destruction of Your Content provided (1) EASY M receives the request in writing from You (2) such request is compliant with Our Data Retention Policy. Notwithstanding the foregoing, EASY M may disclose Your Content if required by law.
6. Prohibited Activities
You may not access or use the Website for any purpose other than that for which We make the Website available. The Website may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by Us.
As a user of the Website, You agree not to:
- Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Us.
- Trick, defraud, or mislead Us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.
- Use any information obtained from the Website in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Website in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the website.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1pixel, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website or Services to you.
- Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the website.
- Copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Website.
- Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- Use the website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavour or commercial enterprise.
7. Website Content Ownership
You should assume that everything you see or read on the Website is property of EASY M and/or our affiliates and licensors, and copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the website without our written permission. We neither warrant nor represent that Your use of materials displayed on the website will not infringe rights of third-parties not owned by or affiliated with us. Images, photographs, texts or illustrations displayed on the website are either the property of, or used with permission by, EASY M. The use of these materials by You, or anyone else authorized by You, is prohibited unless specifically permitted by Us in writing to You. Any unauthorized use of the Website content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. PLEASE NOTE THAT UNAUTHORIZED USE OF THE WEBSITE OR ANY CONTENT ON THE WEBSITE (INCLUDING WITHOUT LIMITATION, ANY SOFTWARE OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE) MAY, IN PARTICULAR JURISDICTIONS, RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES, INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
8. Hyperlinking to our Website
These organisations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site: 1. Government agencies; 2. Search engines; 3. News organizations; 4. Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and 5. System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
9. Disclaimers
Throughout Our Website, You may find links and pointers to Internet websites maintained by third-parties. Our linking to such third-party websites does not imply an endorsement or sponsorship of such websites, or the information, products or services offered on or through the websites. We do not operate or control in any respect any information, products or services that third-parties may provide on or through their website.
Nothing contained herein or relating to the subject matter hereof shall be construed to create an employment, principal-agent, or fiduciary relationship, or a partnership or joint venture, or any relationship other than a contractual relationship, between You and EASY M, and neither party shall have the right, power or authority to obligate or bind the other in any manner whatsoever absent written consent. EASY M will provide Services as an independent service provider. EASY M does not undertake by this Agreement or otherwise to perform any obligation, whether regulatory or contractual, to assume any responsibility for Your business or operations.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS ON THIS WEBSITE OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO US TO GRANT THE LICENSE CONTAINED IN THIS TERMS AND CONDITIONS AND TO PROVIDE YOU WITH ACCESS TO THE WEBSITE AND SERVICES.
YOU AKCNOWLEDGE THE RISK INVOLVED IN DOWNLOADING ANY CONTENT FROM OR OTHERWISE ACCESS THROUGH THE WEBSITE. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSON OR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE WEBSITE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
You must provide and are solely responsible for all hardware and/or software necessary to access the Website. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
You acknowledge that by using the Website, you may incur charges from your wireless carrier, internet service provider or other method of internet or data access, and that payment of any such charges will be Your sole responsibility. You agree that Your use of the Website will be in accordance with all requirements of your wireless carrier, internet service provider and other method of internet or data access. We do not control network access. Your use of these networks may not be secure and may expose Your personal information sent over such networks.
10. Indemnification
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless EASY M, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) Your access to or use of the Website or Services, (b) Your content, including infringement claims related to Your content; (c) Your breach of these Terms or any applicable law or regulation; or (d) Your negligence or wilful misconduct. EASY M reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with EASY M in asserting any available defences.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EASY M NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EASY M OR ANY OF ITS VENDORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. UNDER NO CIRCUMSTANCES WILL EASY M BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY EASY M FROM YOU UNDER A GIVEN ORDER FOR ANY CLAIM RELATING TO A GIVEN ORDER. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
12. Governing Law
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and the laws of New Delhi. Any claim, dispute or difference relating to or arising out of the Terms and Conditions shall be referred to the arbitration, of a sole arbitrator. The arbitration shall be subject to the Arbitration and Conciliation Act, 1996 as may be amended from time to time. The seat and venue of arbitration shall be New Delhi. The proceedings shall be undertaken in English. The arbitration award shall be final and binding on the parties.
13. Force Majeure
In the event EASY M is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, EASY M shall not be liable for any damages resulting from such failure to perform or otherwise from such causes.
14. Miscellaneous
These Terms and Conditions and any policies or operating rules posted by us on the Website or in respect to the Website 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. If any provision or part of a provision of these Terms of 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 Website. 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.