This Agreement is entered between GAML Consultants Private Limited (“GAML”) and the registered user (“User”) of the “webpaysu.com”, which is a website developed and owned by GAML. The use of websites/ webpages by the User shall be governed as per the terms and conditions contained herein.
WHEREAS
GAML provides online personal and business websites/web pages (“Website”) to the User through “webpaysu.com”;
This Website is built free of cost and is an unpaid add on service to the tour package purchased by the User through GAML on behalf of M/s Vitmon Holidays Pvt. Ltd
The User represents that he is above 18 years of age and is competent to contract.
NOW, THEREFORE, in consideration of the promises hereinafter made by the parties hereto, it is agreed as follows:
- Description of Services
GAML agrees to provide to the User the services of Website development, which includes design and/or redesign, build, upload and maintenance of Website according to the specifications agreed between the parties and separately provided in the fee quote addressed to the User by GAML (collectively the “Services”). Unless explicitly stated otherwise, any and all new services or features or changes to the current Services offered shall be agreed separately.
GAML is not responsible for supplying the content of the Website which shall be provided by the User. However, if the User fails to provide Website content within 2 weeks of order/registration, subject to the terms, GAML will use generic content to develop the Website. If required by the User (under the agreed specifications), images or fonts shall be purchased by GAML to develop the content of the Website and the actual cost of such purchase shall be charged to the User. Any services not specified in the fee quote shall not be required to be performed by GAML.
- Advertisers
Webpaysu.com, GAML, its promoters, employees, officers, agents and affiliates have the right to approach and/or sell advertising space/features/ content syndications posted/to be posted on the Website of the User. All packages have to be renewed at the end of each year by the User by paying an amount of INR 1000 or the current domain & web hosting renewal, whichever is higher to GAML.
- Service Fee
With respect to the fee to be paid by the User to GAML for the purchase of a tour package promoted through M/s Vitmon Holidays Pvt. Ltd, it is agreed that the same shall be agreed between the User and GAML on the basis of the package selected by the User. User is required to pay the entire service fee to GAML at the time of the purchase of the package. However, the use of webpaysu.com by the User is free of charge.
It is agreed that GAML or any of its associates/affiliates does not guarantee, warranty or promise any form of return or income. Any income accrued to the User will purely depend on the User’s performance.
- Term and Termination
The initial term of the provision of Services shall be 36 months from the date of registration of the User on webpaysu.com. At the expiry of 36 months, the provision of Services shall be automatically renewed for a further period of 36 months subject to earlier termination by either party. GAML may terminate this Agreement at any time and by serving a notice of such termination at the email address of the User as registered with GAML, if in its sole judgment, the User has committed breach of any term or condition of this Agreement. Any activity by the User violating any terms and conditions, defaming GAML or webpaysu.com, creating in business promotion, creating hindrance & disallowing associates or GAML and webpaysu.com to sell products and services or promoting GAML as an investment company shall result in termination from the system and all payouts attributable to the User on such date of termination shall be withheld.
- Modification of Services
GAML and its promoters reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) by issuing proper notifications on its website i.e. webpaysu.com. User agrees that GAML shall not be liable to any site-user or to any third party for any modification, suspension or discontinuance of the Service.
- Link
GAML shall not be liable for any of the links to other websites or resources as given on the Website. GAML or any of its promoters have no control over such sites and resources and all Users acknowledge and agree to the same GAML further clarifies that it does not endorse and shall not be responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
All Users further acknowledge and agree that GAML or any of its promoters shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- Copyright
All content hosted on webpaysu.com including graphics, text, icons, interfaces, audio clips, logos, images and software is the property of GAML and/or its content suppliers and is protected by Indian and International copyright laws. The arrangement and compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of GAML and protected by Indian and International copyright laws.
Permission is given to use the resources of this site only for the sole purpose of placing an order with GAML. Any other usage, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited. No part of this content can be reproduced, modified, distributed, transmitted, displayed or performed without the express permission of GAML for any other purpose. All other trademarks, brands and copyrights other than those belonging to GAML, belong to their respective owners and are their property.
The User represents to GAML and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to GAML for inclusion in web pages are owned by the User, or that the User has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and indemnify and keep indemnified GAML, its promoters, affiliates, directors, employees, advisors and its subcontractors from any losses (whether direct or consequential), damages, costs, fees (including legal fees), expenses, claim or suit arising from the use of such content furnished by the User.
- Copyright to Web pages
Copyright to the finished assembled work of the Website produced by GAML is owned by the GAML. During the term of provision of Services, the User may use as a Website the design, graphics, and text contained in the finished assembled Website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the User and shall remain the property of their respective owners.
GAML and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
- Limitation of Liability
The User expressly understands and agrees that neither GAML nor its promoters shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GAML or its promoters have been advised of the possibility of such damages), resulting from:
- the use or the inability to use the Service;
- the cost of procurement of the products, contents etc. appearing on webpaysu.com or Services purchased or obtained or messages received or transactions entered into through or from the Service;
- unauthorized access to or alteration of transmissions or data;
- statements or conduct of any third party on the Service; or
- any other matter relating to the Service.
The User understands and agrees that GAML or any of its affiliates or any of its promoters make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website
- Force Majure
Under no circumstances shall GAML be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labour disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, earthquake, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
- Disclaimer
Webpaysu.com, GAML or any of its promoters makes no representations or warranties of any kind express or implied, as to the operation of the Website or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, GAML disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance.
GAML shalll not be liable for any damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- Relationship of Parties
It is understood that the parties are independent entities engaged in the conduct of their own business. User is not, by this Agreement or anything contained herein, constituted the partner or agent of GAML nor shall GAML be deemed to have any right or authority to assume any responsibility or obligation, express or implied, for or on behalf of User or to bind User in any manner whatsoever.
- Entire Agreement
This agreement constitutes the entire Agreement between the parties and supersedes any and all prior agreements and understandings, whether written or oral, between the parties hereto with respect to the subject matter hereof and no agreement or understanding varying or extending this Agreement shall be binding on any party unless made in writing and signed by a duly authorized officer or representative of each party, which writing must contain an express reference to this Agreement.
- Governing Law, Jurisdiction and Dispute Resolution
- Dispute Resolution
All disputes differences and/or claims, arising out of this agreement, whether during its subsistence or thereafter, shall be settled by arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 (“Act”) and shall be referred to the sole arbitrator to be appointed in accordance with the said Act . The seat of the arbitration shall be Kanpur and arbitration shall be conducted in accordance with the provisions of the Act or modification or amendment thereof.
- Governing Law and Jurisdiction
This Agreement shall be governed and construed in accordance with the substantive laws of India and courts in Kanpur, India alone shall have the jurisdiction to decide any and all the dispute or difference arising under this Agreement, to which the parties irrevocably submit.
- Interpretation
- The headings of the sections and subsections in this Agreement are for convenience purposes only and shall not affect the interpretation of any of the provisions hereof.
- Words such as "hereof", "herein" or "hereunder" refer (unless otherwise required by the context) to this Agreement as a whole and not to a specific provision of this Agreement. The term "including" shall mean "including, without limitation".
- The disclosure of any matter in this Agreement (including any Exhibit thereto) shall be deemed to be a disclosure for all purposes of this Agreement.
- Severability
Should any provision of this Agreement, or any provision incorporated into this Agreement in the future, be or become invalid or unenforceable, the validity or enforceability of the other provisions of this Agreement shall not be affected thereby and the validity, legality and enforceability of the remaining clauses or provisions shall not in any way be affected or impaired thereby. Should any provision of this Agreement be or become ineffective for reasons beyond the control of the parties, the parties shall use reasonable endeavors to agree upon a new provision which shall as nearly as possible have the same commercial effect as the ineffective provision.
- Indemnity
The User agrees to hold GAML and its promoters free and harmless from any and all claims, damages, and expenses of every kind or nature whatsoever (a) arising from acts of the User; (b) as a direct or indirect consequence of termination of this Agreement in accordance with its terms; or (c) arising from acts of third parties.
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