Revision Date: 01 Jun, 2022
This Terms of Service govern the use and access of the Staqu Technologies Platform and the Products and Services provided thereunder (defined hereinbelow). This Terms of Service constitutes the legal and binding agreement between Customer (defined hereinbelow) and Staqu Technologies (defined hereinbelow), (hereinafter collectively referred to as the “Parties’” and each individually as the “Party”), with respect to Customer’s use of the Staqu Technologies Platform. This Agreement comes into effect on the date the Customer clicks the “Register” or any other button in the course of opening an online account with Staqu Technologies (the “Commencement Date”).
These capitalized terms shall have the following meanings ascribed to them:
Unless Staqu Technologies receives the prior consent of the Customer, Staqu Technologies:
Staqu Technologies and Customer are independent contractors, and neither Staqu Technologies nor Customer is an agent, representative or partner of the other. Staqu Technologies and Customer shall each have sole responsibility for all acts and omissions of their respective personnel. Neither Party shall have any obligation for any employee-related benefits or withholding taxes applicable to the other Party’s personnel performing services pursuant to this Agreement.
Any notices under this Agreement shall be in writing and shall be sent to the email address associated with the account (in the case of Customer) or to [email protected] (in the case of Staqu Technologies) by electronic mail or nationally recognized express delivery courier service and deemed given upon receipt.
No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing Party’s reasonable control.
To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
Neither Party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.
This Agreement shall be governed by the laws of India, without giving effect to principles of conflicts of law. Subject to the provisions of this Article 14(vi), this Agreement shall be subject to the exclusive jurisdiction of, and venue in, the courts of Delhi, India.
In event of any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity of it, the parties shall further aim to resolve any such dispute mutually.
In the event the parties fail to resolve the dispute mutually, the parties then shall settle the dispute, controversy or claim in accordance with the Arbitration & Conciliation Act, 1996 together with any amendments, modifications, and re-enactments thereof. The arbitration panel shall consist of a single arbitrator mutually agreed by the parties or, in the absence of such agreement, designated by the Courts of Delhi. The place of arbitration shall be Delhi and all proceedings and submissions shall be in English. The decision and award of the arbitrator shall be binding on and enforceable against the parties. Each Party waives any right to appeal such decision and award but retains the right to seek judicial assistance to compel arbitration, to obtain interim measures of protection pending arbitration and/or to enforce any decision of the arbitrator, including the final award.
This Agreement sets forth the entire agreement of the parties and supersedes all prior agreements (whether in oral or written format), discussions, and negotiations with respect to its subject matter. Neither Party has relied upon any such prior or contemporaneous communications.
The article headings in this Agreement are intended solely for the convenience of reference and shall be given no effect in the construction or interpretation of this Agreement.