Terms of service
TERMS OF USE
Last updated as of 28-12-2024
Welcome to Urban Riwayat’s Terms of Use
We M/s. Urban Riwayat, having its registered office address at C-201, Manimangal Society, Kasarwadi, Pune - 411034 (hereinafter referred to as “Company”) and is operating its business under the brand name “Urban Riwayat” (hereinafter referred to as “Brand Name”). This Terms of Use (hereinafter referred to as “Terms of Use”) is our commitment towards your trust and we intend to provide you an India-based e-commerce platform, specializing in the sale of high-quality clothing and printed products, including T-shirts, canvas prints, and posters. Operating through a Shopify-hosted online platform, we are committed to delivering unique and visually appealing items tailored to meet your tastes and preferences. This Terms of Use lays down all the terms and conditions surrounding the usage of our Website for you and the Company.
Platform herein and in all associated policies refer to https://urbanriwayat.com.
Upon usage, registration, or even browsing through our Website creates a contractual relationship between you and us through this Terms of Use and other relevant policies associated with our Website, for all contractual, legal, and compliance purposes. This Terms of Use is considered as a legally binding agreement and is also considered as an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions about electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. Definition and Interpretation
1.1. Definition
1.1.1. Applicable Laws - shall mean and refer to all the laws, rules, ordinances, by-laws, etc., and amendments thereafter, applicable within the territory of India.
1.1.2. Content – shall mean and refer to all the text, advertisement, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music, and artwork.
1.1.3. Third Parties – shall mean and refer to all the legal entities either individual or entity linked on the Website apart from the Users and the creator of this Website.
1.1.4. Service – shall mean and refer to all the intermediary services provided by the Website to the User.
1.2. Interpretation
1.2.1. Company – For the purposes of this Terms of Use, wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Company and its owned Website.
1.2.2. Platform – For the purposes of this Terms of Use, the Website shall be referred to as the Platform, unless specified otherwise in this Terms of Use.
1.2.3. User - For the purposes of this Terms of Use, wherever the context so requires, “You”, “Your”, “Yourself”, “User”, and “Customer” shall mean and refer to natural and legal individuals who shall be users of this Website provided by Us and who is competent to enter into binding contracts, as per law.
1.2.4. The headings of each section in these Terms of Use are only for the purpose of organizing the various provisions under these Terms of Use in an orderly manner and shall not be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall not have legal or contractual value on your usage of the Website.
1.2.5. The Parties shall refer and mean the company and User together, for the purpose of interpretation of terms of this Terms of Use.
1.2.6. The use of this Website is solely governed by these Terms of Use, Privacy Policy, and any other relevant policies as updated on the Website and any modifications or amendments made thereto by us from time to time, at our sole discretion. If you as a User continue to access and use this Website, you are agreeing to comply with and be bound by the following Terms of Use, Privacy Policy, and any other applicable policies, thereof.
1.2.7. You expressly agree and acknowledge that these Terms of Use and Privacy Policy, and any other applicable policies, are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
1.2.8. You unequivocally agree that these Terms of Use, Privacy Policy, and any other applicable policies, constitute a legally binding agreement between us and that you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Platform, and that the same shall be deemed to be incorporated into these Terms of Use and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms of Use and the Privacy Policy binding on you and that your act of visiting/browsing any part of the Website by you, or any tool, including AI tools that act on your behalf, constitutes your full and final acceptance of these Terms of Use, Privacy Policy, and any other applicable policies.
1.2.9. We reserve the sole and exclusive right to amend or modify these Terms of Use without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, you must stop using the Website at once. Your continued use of the Website will signify your acceptance of the changed Terms of Use.
2. Platform Overview
Welcome to Urban Riwayat, where creativity meets quality. We are an India-based e-commerce platform specializing in unique and premium clothing and printed products, including T-shirts, canvas prints, posters, and more. At Urban Riwayat, we aim to bring art, style, and individuality to your everyday essentials.
Our platform, hosted on Shopify, is thoughtfully designed to provide a seamless and secure shopping experience. From browsing to checkout, we ensure that every interaction reflects our commitment to quality and customer satisfaction. With a focus on managing our own inventory, we take pride in offering reliable product availability and prompt delivery services.
Catering exclusively to the Indian market, we are dedicated to celebrating the diverse tastes and preferences of our customers. Whether you are looking to elevate your personal style or find the perfect gift, our curated collections are tailored to inspire and delight.
At Urban Riwayat, our mission is to make every purchase meaningful, blending functionality with artistic expression. We invite you to explore our range of products and join us on a journey where style and substance come together effortlessly.
For inquiries or assistance, feel free to contact us at support@urbanriwayat.com.
3. Services on the Platform
Urban Riwayat (“Platform,” “we,” or “our”) provides a range of services to deliver a seamless and enjoyable shopping experience for our users. Our services are designed to cater to individuals residing in India, offering high-quality physical goods through a reliable and user-friendly online platform. Below is an overview of the services available on our Platform:
3.1. Product Catalogue
- A carefully curated selection of clothing and printed products, including T-shirts, canvas prints, posters, and other merchandise.
- Detailed product descriptions, high-resolution images, and size guides to help customers make informed decisions.
3.2. Secure Online Shopping
- Fully integrated with Shopify to provide a robust and secure e-commerce platform.
- Multiple payment options, including credit/debit cards, digital wallets, and other payment gateways, to facilitate secure and hassle-free transactions.
3.3. Inventory Management
- Real-time inventory tracking to ensure accurate availability of Products.
- Notifications on stock levels, including out-of-stock updates and restock alerts.
3.4. Order Fulfilment and Delivery
- Efficient processing of orders with approximate shipping and delivery timelines.
- Collaboration with trusted logistics partners to provide reliable delivery services across India.
3.5. Personalized Shopping Experience
- Recommendations tailored to user preferences and past purchases.
- Regular updates on new arrivals, special promotions, and exclusive offers through email and account notifications.
4. Compliance
This Terms of Use is made in accordance with the provisions of the Information and Technology Act, 2000 and the rules therein under along with the amendment from time to time. This Terms of Use is published on the Platform in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Use and practices for access and usage of any functional Website.
5. Registration and Operations
5.1 To fully access and utilize the services provided on the Website, you are required to register by creating a user profile. During registration, you will need to provide certain details, including but not limited to your mobile number, email ID, first name, and last name. The Website also offers an option to sign up through third-party social networking platforms, such as Gmail, among others. If you choose to sign up using a third-party service, our servers may access and store information from your social networking account, including but not limited to your profile, date of birth, name, gender, and other related details.
For users who prefer not to register, you can still use the Website as a guest user, though some features may be restricted for guest users.
The Website is powered by Shopify, a third-party platform, which will handle the processing and storage of your data, including customer details and login information. As part of our agreement with Shopify, the data you provide may be stored and processed outside India, and it will be subject to Shopify's own privacy policy and terms of use. You can review Shopify’s Privacy Policy and Terms of Service at the following links:
By using the Website, you consent to Shopify's handling of your data in accordance with their Privacy Policy. Additionally, during your use of the Website, including registration, you are solely responsible for maintaining the confidentiality of your username and password. Any activity that occurs under your account will be deemed to have been carried out by you.
If we discover that you have provided false, inaccurate, or incomplete information, or if we have reason to believe so, we reserve the right to permanently suspend your account. The collection and use of your information are also governed by our Privacy Policy, which is incorporated into these Terms of Use by reference.
6. Eligibility
6.1. You represent and warrant that you are competent and eligible to enter into legally binding agreements and of competent age and that you have the requisite authority to bind yourself/themselves to these Terms of Use as per the Applicable Law. However, if you are a minor using this Website, you may do so with the consent of your legal guardian. All Acts of the minor shall be deemed to be considered as the acts undertaken under the supervision of their legal guardian.
6.2. You further represent that you will comply with these Terms of Use and all applicable local, state, national, and international laws, rules, and regulations.
6.3. You shall not use the Website if you are not competent to enter into a contract or are disqualified from doing so by any other Applicable Laws, rule, or regulation, currently in force.
7. Content
7.1. All the Content displayed on the Platform is subject to copyright and shall not be reused by You (or a Third-Party) without prior written consent from the Company and the copyright owner.
7.2. The User acknowledges and agrees that they are solely responsible for any content, including but not limited to images, text, or other materials, that they upload, post, or share on the Website. We do not assume any responsibility or liability for any infringement of intellectual property rights, including copyright, arising from the User's submission of such content.
7.3. You are solely responsible for the integrity, authenticity, quality, and/or genuineness of the Content provided by you on the Platform and whilst feedback and comments by You can be made via the Website, we bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the Content on the Platform. Further, the Company reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Company or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/ inaccurate/ misleading/ offensive/ vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/ sharing/ submission of Content or part thereof that is deemed to be untrue/ inaccurate/ misleading/ offensive/ vulgar.
7.4. You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. You shall not copy, adapt, and modify any Content without written permission from the Company.
7.5. The Company reserves the right, but is not obligated, to review, monitor, or moderate Content posted on the Platform. The Company may, at its sole discretion, remove or modify any Content deemed inappropriate, unlawful, or in violation of these Terms.
7.6. The Platform may contain content provided by third parties or other Users. The Company does not endorse, warrant, or assume responsibility for the accuracy or reliability of such content. Use of third-party content is at your own risk.
7.7. You are solely responsible for the Content you create, share, or submit on the Platform. Any financial or legal repercussions arising from false, misleading, offensive, or vulgar Content are your sole responsibility.
8. Indemnity
You agree to indemnify, defend and hold harmless the Company, and its respective directors, officers, employees, and agents (hereinafter collectively referred to as "Parties"), from and against any losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant, or agreement made or obligation to be performed according to these Terms of Use. Further, you agree to hold the Company harmless against any claims made by any Third Party due to/ or arising out of, or in connection with:
a) Your use of the Website;
b) Your violation of these Terms of Use;
c) Your violation of any rights of another Parties, Users, and/or Third-Party;
d) Your alleged improper conduct according to these Terms of Use; and
e) Your conduct in connection with the Website.
You agree to fully cooperate in indemnifying the Company at your own expense. You also agree not to settle with any party without the consent of the Company.
In no event shall we be liable to compensate you or any Third Party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data, or profits, whether or not foreseeable, and whether or not you had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence, or other tortuous action, or any other claim arising out of or in connection with your use of, or access, or availing Services from or materials contained therein on the Website.
9. Limitation of Liability
9.1. We shall not be held liable for any consequences arising from the following events:
9.1.1. Inoperability or non-responsiveness of the Website due to connectivity issues, including but not limited to slow or no internet connectivity, server failures, or disruptions caused by Shopify’s platform, including but not limited to maintenance, outages, or failures of third-party applications integrated with Shopify.
9.1.2. Errors or omissions resulting from the provision of incorrect or inaccurate information or data provided by you, including any consequences arising from the deletion of data.
9.1.3. Any delay, failure, or inability to communicate through email, or issues related to communication services.
9.1.4. Deficiencies, defects, or failures in the Services managed or provided by the Company.
9.1.5. Failures in the functioning of any other Service provided by the Company.
The Website makes no representations or warranties regarding the availability, accuracy, or reliability of the Services, or any content or materials displayed on the Website. The Services are provided "as-is," without any guarantees, conditions, or warranties, express or implied, including but not limited to any warranty of accuracy, suitability, completeness, or reliability. We shall not be held liable for any loss, damage, or inconvenience caused to you, your belongings, or any third-party arising from the use or misuse of the Platform or any Services provided by the Company through the Platform.
We disclaim all liability for the actions, errors, or delays of third-party services integrated with the Platform, including, without limitation, payment processors and shipping providers.
We shall not be liable for any unavailability of the Platform caused by scheduled maintenance, updates, or other operational requirements.
9.2. Compliance with Laws
You are responsible for complying with all applicable laws, regulations, and policies related to your use of the Website, and these laws and policies are incorporated into these Terms of Use by reference.
9.3. Exclusion of Liability for Unforeseeable Losses
The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website at the time of your use of the Website, including but not limited to loss of profits or any other indirect, special, incidental, consequential, or punitive damages.
9.4. Limitation of Liability
To the fullest extent permitted by law, the Company shall not be liable to you or any other party for any loss, damage, or claim, regardless of the form of action or the basis of the claim, arising out of your use of the Website. You acknowledge and agree that your sole and exclusive remedy for any dispute with the Company is to cease using the Website.
10. Term
10.1. These Terms of Use shall continue to form a valid and binding agreement between us and shall continue to be in full force and effect until you continue to access and use the Website.
10.2. You may terminate your use of the Website at any time, as per the process specified under this Terms of Use.
10.3. We may terminate these Terms of Use with you and close your account at any time without notice and/or suspend or terminate Your access to the Website at any time and for any reason if any discrepancy or legal issue arises.
10.4. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
10.5. It is also hereby declared that we may discontinue the Services on the Website without any prior notice.
11. Termination
11.1. We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Website, or any portion thereof, at any time, without notice or cause.
11.2. We also reserve the universal right to deny access to You, to any/all of are on its Website without any prior notice/explanation to protect the interests of the Website and/or other Users to the Website.
11.3. We reserve the right to limit, deny or create different access to the Website and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
11.4. You shall continue to be bound by these Terms of use, and it is expressly agreed to by You that You shall not have the right to terminate these Terms of Use till the expiry of the same.
11.5. We may terminate these Terms of Use and/or your access to the Website for reasons including, but not limited to, fraudulent activity, violation of applicable laws, breach of these Terms, or inappropriate conduct on the Platform.
11.6. Upon termination, you are required to immediately cease using the Website and settle any pending transactions, if applicable.
11.7. Termination of your account will not entitle you to a refund for any unused services or purchased products. Your data will be handled according to our Privacy Policy.
11.8. We shall not be liable to you or any third party for any claims or damages arising from the termination of your access to the Website or discontinuation of its Services.
12. Communication
By using this Website and providing your identity and contact information to the Company through the Website, you hereby consent to receive communications, including but not limited to emails, SMS, and phone calls, from us and/or our representatives at any time. This includes, but is not limited to, communications for purposes such as order confirmation, order cancellation, refunds, or quality review.
You can report to “support@urbanriwayat.com” if you find any discrepancy with regard to Website or Content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
You expressly agree that notwithstanding anything contained hereinabove, it may be contacted by us relating to any Services availed by you on the Website or anything pursuant thereto and you agree to indemnify us from any harassment claims. It is expressly agreed to by us that any information shared by us shall be governed by the Privacy Policy.
13. User obligations and formal undertakings as to conduct
You agree and acknowledges that you are a restricted user of this Platform and you:
13.1. agree to provide genuine credentials during the process whenever required on the Website. You shall not use a fictitious identity. We are not liable if you have provided incorrect information;
13.2. agree to ensure the Name, Email address, Phone Number, and any such other information that may be provided and is valid at all times and shall keep your information accurate and up-to-date;
13.3. You agree that you are solely responsible for maintaining the confidentiality of your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason;
13.4. understand and acknowledge that the data submitted is manually entered into the database of the Platform. You also acknowledge the fact that data so entered into the database is for easy and ready reference for you, and to streamline the Services through the Website;
13.5. authorize the Platform to use, store, or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews, and ratings for personalization of Services, marketing, and promotional purposes, and for optimization of User-related options and Services;
13.6. understand and agree that, to the fullest extent permissible by law, the Platform or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Platform or this Terms of Use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages;
13.7. are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission;
13.8. agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of your access to the Platform. We disclaim any liabilities arising concerning such offensive Content on the Platform; and
13.9. expressly agree and acknowledge that the Content generated by the Users and displayed on the Platform is not owned by the Company and that we are in no way responsible for the Content of the same. You may, however, report any offensive or objectionable content, which we may then remove from the Platform, at our sole discretion.
You further undertake not to:
13.10. engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
13.11. impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
13.12. probe, scan, or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace, or seek to trace any information relating to any other User of, or visitor to the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
13.13. disrupt or interfere with the security of, or otherwise cause harm to the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked Platform;
13.14. use the Platform or any material or Content therein for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other Third-Party(ies);
13.15. violate any code of conduct or guideline which may apply for or to any particular Service offered through the Platform;
13.16. violate any applicable laws, rules, or regulations currently in force within or outside India;
13.17. violate any portion of these Terms of Use or the Privacy Policy, including but not limited to any applicable additional terms and conditions of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
13.18. commit any act that causes the Company to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Platform;
13.19. you hereby expressly authorize the Company to disclose any and all information relating to you in our possession to law enforcement or other government officials, as we may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial order, Applicable Law, regulation or valid governmental request;
13.20. by indicating your acceptance to use any Services offered through the Platform, you are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail Services where the transactions have remained incomplete;
13.21. you agree to use the Services provided by the Company, our affiliates, consultants and contracted companies, for lawful purposes only;
13.22. you agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by you at any point in time. If upon Confirmation such details are found to be false, not to be true (wholly or partly), we shall in our sole discretion reject the order and debar you from using the Platform without prior intimation whatsoever;
13.23. you agree not to post any material on the Platform that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, you agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
13.23.1. belongs to another person and to which you have no right to;
13.23.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
13.23.3. is in any way harmful to minors;
13.23.4. infringes any patent, trademark, copyright or other proprietary rights;
13.23.5. violates any Applicable Law for the time being in force;
13.23.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
13.23.7. abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
13.23.8. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
13.23.9. publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; and
13.23.10. threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
14. Suspension of User access and activity
Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Platform, and/or refuse to the usage of the Platform, without being required to provide you with notice or cause:
a. if you are in breach of any of these Terms of Use, Privacy Policy, or any other applicable policies;
b. if you have provided wrong, inaccurate, incomplete or incorrect information; and
c. if your actions may cause any harm, damage or loss to the other Users or the Company, at our sole discretion.
15. Intellectual Property Rights
Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms of Use that shall be available on the Platform. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by either the Platform or such other Third-Party and other distinctive brand features of the Platform are the property of the Platform or the respective copyright or trademark owner. Furthermore, concerning the Platform, we shall be the exclusive owner of all the designs, graphics, and the like, related to the Platform.
You shall not use any of the Intellectual Property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective users of the Platform, or that in any manner disparages or discredits the Platform, to be determined in the sole discretion.
You are aware all Intellectual Property, including but not limited to copyrights, relating to said Services resides with the owners, and that at no point does any such Intellectual Property stand transferred from the aforementioned creators. You are aware that we merely provide the Platform through which you can communicate with other Users and the Platform does not own any of the Intellectual Property relating to the independent Content displayed on the Platform, apart from created graphics and specified Content.
You are further aware that any reproduction or infringement of the Intellectual Property of the aforementioned owners by you will result in legal action being initiated against you by the respective owners of the Intellectual Property so reproduced/infringed upon. It is agreed to by you that the Contents of this section shall survive even after the termination or expiry of these Terms of Use and/or Privacy Policy.
16. Disclaimer of Warranties and Liabilities
16.1. You further agree and undertake that you are accessing the Platform at your sole risk and that you are using the best and prudent judgment before availing of any features on the Platform or accessing/using any information displayed thereon.
16.2. You agree that any kind of information, resources, activities, or recommendations obtained/availed from the Platform, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
16.3. We do not guarantee that the features and content contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and you hereby expressly accepts any associated risks involved with your use of the Platform.
16.4. It is further agreed to by you that the contents of this section shall survive even after the termination or expiry of the Terms of Use and/or Privacy Policy.
17. FORCE MAJEURE
We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to force majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
18. DISPUTE RESOLUTION AND JURISDICTION
18.1. These Terms shall be governed and interpreted by and construed in accordance with the substantive laws of Pune, Maharashtra, and subject to arbitration provisions below, each party hereby irrevocably and finally submits to the exclusive jurisdiction of the courts of Pune, Maharashtra, India thereto in respect of any disputes, legal action or proceedings arising out of or in connection with the Terms, interpretation, duties, performance, breach, etc. of these Terms.
18.2. Should any Dispute arise out of or in connection with these Terms, the Parties hereto shall first endeavor to settle such Dispute amicably. If the Dispute is not resolved through amicable settlement within fifteen (15) days after commencement of discussions or such longer period as the Parties mutually agree in writing, then either Party may refer the Dispute for resolution by arbitration according to the provisions of the Arbitration and Conciliation Act, 1996 (India) or any statutory amendment or re-enactment thereof, or any statute enacted to replace the same, for the time being in force. The arbitration shall be conducted by a sole arbitrator appointed by mutual consent of the parties. The seat and venue of arbitration shall be in Pune, Maharashtra, India, and the language of the proceedings shall be English.
18.3. The Award rendered in any arbitration commenced hereunder shall be final and conclusive, and judgment thereon may be entered in any court having jurisdiction for its enforcement. The Parties undertake to implement the arbitration award. In addition, the Parties agree that no Party shall have any right to commence or maintain a suit or legal proceeding concerning a Dispute hereunder (other than for preventive or interlocutory relief pending completion of the arbitration proceedings under these Terms) until the Dispute has been determined in accordance with the arbitration procedure provided for herein and then only for the enforcement of the award rendered in such arbitration. When any Dispute is under arbitration, except for the matters under dispute, the Parties shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under these Terms.
19. MISCELLANEOUS PROVISIONS
19.1. Entire Agreement: These Terms of Use, read with the Privacy Policy and Disclaimer form the complete and final contract between us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written, or otherwise) relating thereto.
19.2. Waiver: The failure at any time to require the performance of any provision of these Terms of Use shall in no manner affect our right at a later time to enforce the same. No waiver by us of any breach of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of Use.
19.3. Severability: If any provision/clause of these Terms of Use is held to be invalid, illegal, or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of Use shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Use shall be valid and enforceable to the fullest extent permitted by Applicable Law. In such case, these Terms of Use shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
19.4. Contact Us: If you have any questions about these Terms of Use, the practices of the Website, or your experience, you can contact us by emailing us at support@urbanriwayat.com.