Terms Of Use

Terms Of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to 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.

Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions.

Your use of the Application, as defined hereinbelow, and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Application. If you transact on the Application, you shall be subject to the policies that are applicable to the Application for such transaction. If you do not accept these Terms of Use stated here, we would request you to exit this Application.

The Application is operated by Applicate IT Solutions Private Limited (hereinafter referred to as “Applicate”). Applicate is a private limited company registered under the Companies Act, 2013 having its registered office at E-1204, Park View City 1, Sohna Road, Sector 48, Gurgaon- 122018. Hindustan Coca-Cola Beverages Private Limited is a company within the meaning of Companies Act, 1956, having its registered office at Unit Nos. 303 and 304, 3rd Floor, Baani Address One, Golf Course Road, Sector-56, Gurugram, Haryana, India, 122011 and corporate office at Brigade Magnum, B-Wing, 7th 8th 9th Floor, Bellary Road, Kodigehalli Gate, Bangalore - 560092 (hereinafter referred to as “Licensee” or “Us”). The Licensee is licensed to use the Application. Applicate has neither the ownership nor any authority over the Visitor.

For the purpose of these Terms of Use, wherever the context so requires "You" or "Visitor" shall collectively mean suppliers (distributors) of the Licensee, and the stores serviced by these suppliers.

The Store/s are either a natural person or legal person who is the holder of a business (being a retail store) that registers to place orders and receive deliveries of the products made available on the Application by the Suppliers, as defined below, (hereinafter, the “Store").

Suppliers are understood to be either a natural person or legal persons that act as distributors and wholesalers of the products available on the Application (hereinafter, the "Suppliers").

Subject to compliance with the Terms of Use, the Licensee makes the Application available to the Stores to place orders and receive product deliveries from the Suppliers, thereby creating a B2B marketplace where the Suppliers and Stores can connect (such transactions between Suppliers and Stores on the Application, the "Supplier Transactions”). The Licensee is not a party to, and is not involved in any sales in relation to these Supplier Transactions, all such transactions being arranged directly between the Supplier and the respective Store, and the Licensee has no involvement in the determination of prices, order fulfilment / delivery, delivery times, payment conditions or compliance with the obligations of the different parties involved in the Supplier Transactions. Price, if any, provided by the Licensee for the Supplier Transactions, will be recommendatory in nature.

By accepting these Terms of Use in any manner or accessing this Application, You consent, agree and undertake to abide, be bound by and adhere to the Terms of Use and the Privacy Policy accessible at the Application, respectively and any other terms which govern the Application and if you do not agree to these Terms of Use, You are not entitled to avail of / use the services and any use thereafter shall be unauthorized. The Licensee, at its discretion, reserves the right to charge Visitors for the use of the Application on a fair, transparent and non-discriminatory basis.

You acknowledge and agree that You are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 and You are eligible to use the Application, as provided by the laws of India. To register as a Visitor, you must have a commercial establishment where the products made available on the Application are offered for sale and which satisfies conditions as required by the applicable laws. At the time of registration, Visitors may be asked to enclose a copy of their commercial license to operate as a Store / Supplier. Visitors who are Stores may be asked to enclose a copy of documents evidencing that they are valid business Licensees, such as applicable tax registration; trade licenses (such as registration under the relevant Shops and Establishments Act) reflecting that the Store is itself engaged in a business involving commercial activity; or permits / license for undertaking retail trade from the relevant governmental authorities / local self-government bodies.

You agree and acknowledge that the Licensee or Applicate (including their affiliates, associates, subsidiaries, third party contractors, holding companies, etc.) shall not be held liable for any consequences that arises as a result of unauthorized use of the Application or its services by any unauthorised person. By using the Application, You warrant that all data or information provided by You is accurate and complete, and that You are 18 years of age and above. In case of a business entity, You represent that You have the necessary authority to bind the entity to these Terms of Use. 

The Licensee may, at any time, temporarily suspend the participation of any Visitor and / or terminate the account of any Visitor, where such Visitor is found to have no legal capacity to use the Application, or has provided information that is false, inaccurate or fraudulent when registering, and / or in the other cases provided for in these Terms of Use.

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Application. Your continued use of the Application implies that You have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information in accordance with the terms of and purposes set forth in the Privacy Policy, which may be subject to amendment from time to time by the Licensee. [and notified through a pop up for your visibility and understanding


LICENSEE inter alia provides the online Application as an informative platform for its Suppliers to inter alia enable You to engage with the Stores, view products, place order, be informed about offers, promotions, new launches (collectively referred to as “Content”).

As an incentive and encouragement to use the Application, in accordance with the Licensee’s policies from time to time, the Licensee may provide offers, promotions, benefits and other rewards to the Stores for purchasing products from the Suppliers through the Application. Details, including the applicable terms and conditions, of any such programs shall be determined by the Licensee and shall be announced by the Licensee through the Application. Any discount, offer, promotion, benefit or reward will be offered to the Stores based on fair and transparent criteria, which shall be uniformly applicable to all Stores which purchase products from the Suppliers through the application.

The Licensee may restrict, limit or withdraw the use of promotions including with respect to a Visitor who makes inappropriate, illegal or abusive use of them, or where a Visitor is in breach of these Terms of Use or in case of any non- payment or late payment by a Visitor

Content will be made available to You through different modes, please note that the availability of, and your ability to access, the Content may be dependent upon Your geographical location and is on the condition that not all Content will be available to all Visitors. On account of the nature of the Internet, this Application may also be accessed in various geographical locations; and You hereby agree and acknowledge that You are accessing this Application, at Your own risk, choice and initiative and You agree and undertake to ensure that Your use of the Application complies with all applicable laws including the local laws in Your jurisdiction. Further, such Content may vary from place to place, time to time and device to device and would be subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc. You agree and acknowledge that LICENSEE may monitor or use certain technologies for monitoring of activities including accessing the GPS technology in the mobile to ascertain and verify Your geographical location.

The application works best with:

Android v.4.4 and above iOS 10 and above.

Please see details on the Application and the particular Content used. Subject to compatibility, You may be able to access the Content through mobile phones, tablets and other IP based connected devices or any Compatible System offered by a partner authorized by LICENSEE.

Use of the Content is subject to compliance with these Terms of Use.

Participation in any contest and or game on the Application conducted by LICENSEE or using of certain Content may be subject to further terms and conditions as may be notified by LICENSEE from time to time on the Application or otherwise.

It is Your responsibility to keep the details of the account and password confidential and You agree to accept responsibility for all activities that occur under Your Account or Password. The Licensee shall not be liable to any person for any loss or damage which may arise as a result of any failure by You to protect the account details or the password. In case of any suspected breach, please contact the Licensee immediately. If the Licensee has reason to believe that there is likely to be a breach of security or misuse of the Application, it may require You to change your password or it may suspend your account without any liability. You also agree to:


  1. Provide true, accurate, current and complete information about yourself as prompted by the Application during the registration process (such information being the "Registration Data") which shall include trade name/ corporate name, address, communication details, days and hours of operations, certificate of registration before the corresponding tax authority, etc.;

  2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, incomplete, or not current or if the Licensee has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the Terms of Use, the Licensee will have the right to indefinitely suspend or terminate your membership and refuse to provide You with access to the Application.

When You use/avail the Content or send any data, information or communication to LICENSEE, You agree and understand that You are communicating with LICENSEE through electronic media/ records and You consent to receive communications via electronic records from LICENSEE periodically and as and when required. LICENSEE will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with LICENSEE or made available to LICENSEE through a partner which will be deemed adequate service of notice / electronic record.

You acknowledge that You specifically consent to LICENSEE or its respective affiliates, subsidiaries, holding companies contacting You using the contact information You have provided to the Licensee at any time during your association with the Licensee.

The Content contained in the Application shall not be used except as provided in these Terms of Use.

Any Chat Functionality provided is to help You with any and all Application related queries. Any use of this service shall be subject to the following conditions:

  1. The Licensee may suspend the chat service at any time with prior notice and warning.

  2. The Licensee or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.

  3. Communication through chat may be stored by the Licensee for future reference, and the user of such service will not have the right to access such information at any future date.

  4. While 'chatting' You may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.

  5. The chat room shall not be used to sell any products, to give suggestion on business opportunity or any other form of solicitation.

  6. You may proceed further and chat with our online Licensee care executive only if You agree to the above terms and conditions.

You acknowledge, consent and agree that the LICENSEE may access, preserve, transfer and disclose Your account information and/or material subject to the Privacy Policy, if required to do so by law to co-operate with mandated government and law enforcement agencies or to any private parties by an order under law for the time being in force to enforce and comply with the law including to various tax authorities upon any demand or request by them or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process and/or any applicable law in the territory; (b) enforce these Terms of Use; (c) respond to Your requests for Licensee service; or (d) protect the rights, property or personal safety of LICENSEE, affiliates, its users and the public. You agree that LICENSEE has the right to temporarily suspend access to the whole or any part of the Application and shall be under no liability to You in such an event. LICENSEE may, but shall not be obliged to, give You as much notice of any interruption of access to the Application as is reasonably practicable. You agree that LICENSEE shall be under no liability whatsoever to You in the event of non-availability of the Application or any portion thereof.

You acknowledge and agree not to either directly or through the use of any device, software, app, web-based service, or other means remove, alter, bypass, avoid, interfere with, violate, or circumvent any patent; trade secret; copyright, trademark, or other proprietary notice marked on the Content or any digital rights management mechanism or device; any content protection or access control measure associated with the Content, including geo-filtering mechanisms; privacy; publicity; or other proprietary right under applicable law.

You further agree not to use the Application to do any act which is in contravention of any law for the time being in force. You specifically agree not to use the Application to:

  1. Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; hurts the religious sentiments of others; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;

  2. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting other nation;

  3. Harass or harm another person;

  4. Exploit or endanger a minor;

  5. Impersonate or attempt to impersonate any person or entity;

  6. Violate any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary right;

  7. Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;

  8. Attempt to decipher, decompile, disassemble or reverse engineer any of the software, applications and/or any element comprising the App, the application for accessing the Content,;

  9. Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Content, including LICENSEE’s servers, networks or accounts;

  10. Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Content;

  11. Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Content, or to circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the Content or the App;

  12. Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Content. If You do so, You acknowledge You will have caused substantial harm to LICENSEE, but that the amount of harm would be extremely difficult to measure in which case, LICENSEE retains the right to take appropriate legal recourse;

  13. Solicit, collect or request any personal information for commercial or unlawful purposes;

  14. Use technology or other means to access, index, frame, or link to the App (including the Content) that is not authorized by LICENSEE;

  15. Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.

You agree that Your use of the Content may give You the opportunity to use, publish, transmit, submit posts and/or comment in accordance with these Terms of Use. You agree that You will not misuse the Content and/or other user material, including without limitation, download/store the Content by illegal/non-permitted means, or infringe any of LICENSEE’s copyright, trademark design, patent, and other intellectual property including any rights of LICENSEE subsisting in the Content.

In case the Application allows You to download or stream any of the Content therein, You agree that You will not use, sell, transfer or transmit the Content to any person or upload the Content on any other Application, webpage or software, which may violate/cause damages or injuries to any rights of LICENSEE or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights.


You hereby permit and consent the use of your personal and store/ shop/ enterprise product/s and other information and data for enhancing user experience, through the use of technology, analytics, big data and artificial intelligence for better understanding and predicting of behaviours, sales, products and other areas of current/ future scope as deemed necessary by the Licensee

With respect to Supplier Transactions, each Supplier will be responsible for and in charge of collecting payment and issuing the invoice and payment receipt corresponding to each order made by the Store, in compliance with relevant laws and regulations. The Licensee does not invoice, does not participate in the exchange of money or in any type of Supplier Transaction, nor the payment for the products sold, and no exchange of money is facilitated through or undertaken on the Application. The Supplier is responsible for billing the Store directly, without involvement of the Licensee or the Application, and may use service providers to process payment through debit or credit cards or other payment methods; and shall deliver the order to the Store and charges the Store for the products ordered.


With respect to Supplier Transactions, the Supplier must be responsible to the Stores for any defect in the quality of a product. The Licensee shall not be responsible for claims arising out of product quality sold by the Supplier to the Store.

The Licensee is not a party to, and is not involved in any sales in relation to, these Supplier Transactions, all such transactions being arranged directly between the Supplier and the respective Store, and the Licensee has no involvement in the determination of prices, order fulfilment / delivery, delivery times, payment conditions or compliance with the obligations of the different parties involved in the Supplier Transactions. Price, if any, provided by the Licensee for the Supplier Transactions, will be recommendatory in nature. Any prices displayed on the Application are at the sole discretion of the Supplier and not by the Licensee, and may be modified at any time by the Suppliers.

You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms of Use.

These Terms of Use will be deemed effective as soon as you click on the “ACCEPT” button, and / or install or use the Application, and they will remain in effect until they are terminated, cancelled or superseded at the instance of the Licensee. The Terms of Use and the use of the Application will end automatically at the time the Licensee so determines, without giving rise to any right of the Visitor to claim or seek compensation in favour of the Visitor.

The Licensee reserves the right to terminate, suspend, limit, or restrict Your account or Your use or access to Content at any time, with prior notice , if the Licensee so determines, including that You have breached these Terms of Use, the Privacy Policy, violated any law, rule, or regulation, engaged in any inappropriate conduct, provided false or inaccurate information,. You hereby agree and consent to the above and agree and acknowledge that Licensee canexercise its right in relation to any or all of the above, and that Licensee, its directors, officers, employees, affiliates, agents, contractors, principals or licensors shall not be liable in any manner for the same; and You hereby agree, acknowledge and consent to the same.

Without prejudice to the other rights indicated in these Terms of Use, in case of any material breach of these Terms of Use by the Visitor which: (a) if capable of being remedied, is not so remedied by the Visitor within a period of 15 (fifteen days) of notification of said breach; or (b) if incapable of remedy, then, the Licensee may forthwith take any action it considers appropriate to deal with the breach, including, without limitation, terminating the Terms of Use with respect to such Visitor, with the consequent cancellation of the Visitor’s account, the suspension of access to the Application by the Visitor and its affiliates / related entities, the prohibition of entry to the Application, blocking the device / IP addresses used by the Visitor from accessing the Application and / or taking legal action against the Visitor.

Upon termination of these Terms of Use with respect to a Visitor, or termination / cancellation of the account of any Visitor and / or termination of the use of or access to the Application by such Visitor for any reason, the Visitor will have no right to use the Application and the Licensee will cancel all access. All the provisions of the Terms of Use that by their nature must survive the termination of these Terms of Use will remain in force. However, any pending transaction between such Visitor and any other Visitor of the Application which was undertaken through the Application prior to such termination taking effect, must be fulfilled by such Visitor, if the other Visitor it had transacted with so requires (except if such Visitor and the other Visitor agree otherwise).

All Content, logos, brands, marks, graphic material, button icons, page headers, advertising phrases, source codes, and data compilations appearing in this Application, except as otherwise noted, are properties either owned, or used under licence, by Licensee and is protected by patents, intellectual property laws, copyright, trademarks and international treaties. The use of these properties or any other content on this Application, except as provided in these Terms of Use or in the Content, is strictly prohibited. You acknowledge and accept that You have no right, title and / or interest in or to the Application or the Application intellectual property, including associated intellectual property rights and all improvements, modifications, revisions, derivative works, non-recurring engineering, the product of customization and integration tasks, customer opinions and suggestions, and white label applications. These Terms of Use and the rights granted herein do not transfer any rights over the Application or in the Application intellectual property to the Visitor.

Such intellectual property of the Application shall not be used by any Visitor in relation to any product in a manner that may cause confusion or in any way that discredits or defames the Licensee or any of its affiliated and / or related companies, and the Visitor shall not use the Application intellectual property in any manner other than for the limited purpose for undertaking transactions within the Application in accordance with these Terms of Use.

You may not sell or modify the Content of this Application or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any purpose without the Licensee’s written permission.

The Licensee grants You limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non commercial use of the Application. All rights not expressly granted to you in these Terms of Use, are reserved and retained by the Licensee and its affiliates.

The Licensee reserves the right, at any time, to terminate your license to use the Application with prior notice and to block and prevent your future access to the Application.

Since the Licensee simply makes available a marketplace where Suppliers and Stores can connect, the Licensee, their respective affiliates, directors, managers, employees and / or subcontractors shall not assume any responsibility related to the Stores, the Suppliers, the end customers, the delivery persons or any third party, including, without limitation, for: (a) any damage or loss arising out of or in connection with the misuse of the Application or the lack of availability, absence or temporary or definitive closing of it; (b) the quality of the products available in the Application; (c) compliance by each Supplier with the quality, quantity and delivery time of the orders made by the Stores; (d) the price differences that may exist between what is published in the Application and what is actually billed by each supplier to the Stores; (e) the processing and services relating to the means of payment available in the Application; (f) any damage, loss or prejudice arising out of or in connection with failures in the system, on the server or on the Internet; (g) the lack of compliance by the Stores or the Suppliers with their contractual, legal, labour, tax, and other statutory obligations; (h) unlawful acts or events attributable to or suffered by any Store, Supplier and / or third party using any Visitor’s account; (i) prices, payments, payment collections, breaches of the parties and / or any claims arising out of or in connection with transactions made through the Application; (j) the information published by Stores and Suppliers on the Application; and (k) cases of force majeure or acts of God.


Each Visitor will indemnify and keep the Licensee, their respective affiliates, directors, managers, employees and subcontractors indemnified against any civil, labour, administrative, consumer and / or criminal damages and any lawsuit, action, legal, extrajudicial or any other claim associated with them, from other Visitors, employees, delivery persons and / or third parties in general that are related in any way to the Visitor (including, without limitation, the possible legal costs and filing fees, fees and reasonable expenses actually incurred in respect of legal advice and other agents and advisors appointed for this purpose), including, but not limited to, for breach of these Terms of Use and the provisions set forth in sections (a) to (k) of the previous paragraph.

The Licensee shall be entitled to review comments and content, if any, posted by the Visitor on the Application. In case such posted comments and content breach these Terms of Use and/ or applicable law, the Licensee shall be entitled to remove such comments and content as well as take any legal action permitted by relevant laws.

This indemnification obligation will survive the expiry or termination of these Terms of Use and Your use of the Application.

Part of this App contains or links to third party Apps or websites and third party content. We expressly disclaim any liability arising out of the content made available / hosted on the third party Apps. You agree and acknowledge that LICENSEE does not endorse or sponsor such third party Apps, content, advertising or other material. All liability in respect of the above is excluded to the extent permitted by law including any implied terms. Indian law and jurisdiction applies with respect to contents of this App. While using this Application for information purposes or otherwise, users acknowledge and accept the above disclaimer.

If LICENSEE provides links or pointers to other Applications or destinations, You should not infer or assume that LICENSEE operates, controls, or is otherwise connected with these other Applications or destinations. When You click on a link within the Content, LICENSEE will not warn You that You have left the Application and are subject to the terms and conditions (including privacy policies) of another Application or destination. In some cases, it may be less obvious than others that You have left the Application and reached another Application or destination. Please be careful to read the terms of use and privacy policy of any other application or destination before You provide any confidential information or engage in any transactions. You should not rely on these Terms of Use and/or Privacy Policy to govern Your use of another Application or destination.

LICENSEE is not responsible for the content or practices of any Application or destination other than the App, even if it links to the App and even if the Application or destination is operated by a company affiliated or otherwise connected with LICENSEE. By using the Application, You acknowledge and agree that LICENSEE is not responsible or liable to You for any content or other materials hosted and served from any Application or destination other than the App.

The Application is presented “AS IS”. Neither the Licensee, nor its holding, subsidiaries, affiliates, partners or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these Terms of Use or the Application or any of the Content, including but not limited to warranties of merchantability, non- infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

In no case shall the LICENSEE, its directors, officers, employees, affiliates, holding companies, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages (including, without limitations, lost profits, or damage to computer hardware or loss of data information or business interruption), whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organisations or entities were advised of the possibility of such damages arising from any interruption of business, access delays or access interruptions to the Application, data non- delivery, loss, theft, misdelivery, corruption, destruction or other modification, viruses, system failures or malfunctions which may occur in connection with your use of the Application, including during hyperlink to or from third party websites, your use of the services or any Content or material thereof or for any other claim related in any way to your access of the Application, but not to, any errors or omissions in any Content or material, or any loss or damage of any kind incurred as a result of the use of the services or any Content or material thereof, even if advised of their possibility, or events beyond the reasonable control of the Licensee. Where the laws do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, LICENSEE’s liability shall be to the extent permitted by law.

LICENSEE, any of its business divisions and / or its holding company/ies, associate companies, reserves the right, at any time and from time to time, , to update, revise, supplement, and otherwise modify these Terms of Use and/ or the Privacy Policy and to impose new or additional rules, policies, terms, or conditions on Your use of the Application. It is suggested therefore, that You re- read the Terms of Use and Privacy Policy from time to time in order that You stay informed as to any such changes. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms of Use as “Additional Terms”) will be posted on the Application and will be effective immediately after such posting and thereafter incorporated into these Terms of Use. Your continued use of the Application will be deemed to constitute Your acceptance of any and all such Additional Terms.

You are prohibited from violating or attempting to violate the security of the Application, including, without limitation,

  1. accessing data not intended for You or logging onto a server or an account which You are not authorized to access;

  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

  3. attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Application, overloading, "flooding," "spamming," "mail bombing" or "crashing;"

  4. sending unsolicited email, including promotions and/or advertising of products or services; or

  5. forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

The Licensee is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Application or any activity being conducted on this Application. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Application other than the search engine and search agents available from the Application and other than generally available third party web browsers.

  1. Force Majeure: Without prejudice to any other provision herein, the Licensee will not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond its control, including, without limitation, acts of the Visitor, embargo or other governmental act, regulation or request affecting the conduct of its business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm, pandemic, epidemic or other acts of God.

  2. Entire Agreement: These Terms of Use and any operating rules of the Application established by the Licensee shall constitute the entire agreement between the parties with respect to the subject matter hereof.

  3. Headings: The section headings used herein are for convenience only and shall be of no legal force or effect.

  4. Severability: If any provision of these Terms of Use is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use and the remaining portions of these Terms of Use shall continue in full force and effect.

  5. Governing Law and Jurisdiction: These Terms of Use are governed by the laws of India. Notwithstanding the foregoing, You agree that (i) LICENSEE has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum and (ii) any proceeding brought by You shall be exclusively before the courts at Bangalore, India.