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TEAMDEAL TERMS OF SERVICE

I. THIS AGREEMENT ESTABLISHES A CONTRACTUAL RELATIONSHIP BETWEEN “USER” AND “TEAMDEAL” BY USING “SERVICES” AND “APPLICATION”

The “User” hereby enters into a contractual relationship with “TEAMDEAL” by using and /or accessing TEAMDEAL’s “Services” and “Applications”

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES as these Terms of Use (“Terms” Clauses I thru VI to be read as one complete document) govern the access and/or use by the User of services provided via an application and made available by TEAMDEAL. The Users access and use of the Services hereby constitutes and deems the Users to be bound by these Terms, which establish a contractual relationship between the User and TEAMDEAL

If the User does not agree to these Terms, the User may not access and/or use the Services. These Terms expressly supersede prior or other agreements, if any, that may exist with the User. TEAMDEAL may immediately terminate these Terms or any Services, or cease offering or deny access to the Services or any portion thereof, at any time for any reason. Supplemental terms may apply to Services and shall be deemed a part of these Terms whenever uploaded. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. TEAMDEAL may amend these Terms related to the Services. Amendments will become effective upon the publication. Please check this location from time to time to access supplemental terms, revisions and additions to these terms. The User is responsible for keeping updated and complying with existing, revised, amended or supplemental terms. The Users access or use of the Services after such posting of existing, revised, amended or supplemental terms, constitutes and deems the Users consent to be bound by the those Terms. If the User does not agree with the existing, revised, amended or supplemental Terms the User is advised to not use the Services or App. All rights reserved by TEAMDEAL.

II. THE SERVICES AND APPLICATION

Definitions: Services;Application, to be used interchangeably include our various websites, Apps, SMS, APIs, Social Media Notifications, email notifications, applications, buttons, widgets, ads, e-commerce services etc. (the "TEAMDEAL Services"), (all collectively, referred to as the "Services" or “Application” or “TEAMDEAL” to be used interchangeably), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Any item posted in the “Post Requirement” section is collectively referred to as the “Product”.

The Services offered constitute a technology platform that enables Users to #1 Upload “Product” Requirements with intent to Seek and Contact (Consumer Networking) other Users looking to buy the same or similar products and then network with those Users independently or via TEAMDEAL to initiate a bulk buy of that product using our platform. #2 Request TEAMDEAL to Conduct a Market Survey of businesses as requested by a User and on the Users behalf and further to enable the User to Seek and Contact (Consumer Networking) other Users who may have dealt with that particular business. (TEAMDEAL is not a credit rating or a market rating agency. All market feedback provided at Users request is provided to a User by other Users and on an as is basis, and as available basis after conducting an unscientific market survey for a client or providing feedback voluntarily by other Users. The User is advised to conduct required due diligence prior to initiating any financial transaction.)

The Services that TEAMDEAL provide are always evolving and the form and nature of the Services that TEAMDEAL provides may change from time to time without prior notice to the User. In addition, TEAMDEAL may stop (permanently or temporarily) providing the Services (or any features within the Services) to the User without prior notice. TEAMDEAL also retains the right to create limits or set conditions for use and storage of information uploaded or downloaded by Users at our sole discretion at any time without prior notice to the User.

The Services may include advertisements, which may be targeted based the Content or Information accessed, Queries made, Reviews Requested, Product Requirements Posted, while the User accesses the Services, or any other information uploaded or downloaded by the User. The types and extent of advertising by TEAMDEAL are subject to change. In consideration for TEAMDEAL granting you access to and use of the Services, the User agrees that TEAMDEAL and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by the User or others.

This agreement/contract has been entered into specifically between two parties, the User and TEAMDEAL, at the Users initiation and behest, with the User understanding and acknowledging all disclaimers, conditions and terms of service including all those stated or implied in this document, with the User having approached TEAMDEAL with an intention to use TEAMDEAL’s services, and in doing so undertakes to have acted independently and without any coercion or compulsion or under any duress. (TO BE READ IN CONJUNCTION WITH ENTIRE DOCUMENT, INCLUDING, III. TERMS OF USE OF THE SERVICES, IV PAYMENT AND V. DISCLAIMER)

LICENSE

Contingent to the Users agreement to these Terms and Contingencies, and deemed agreement incase of use, TEAMDEAL hereby grants the User a limited, restricted, non-exclusive, non-sublicensable, User irrevocable but revocable by TEAMDEAL (at any time), non-transferrable license to:

  • Access and use the Applications on the User’s personal device solely in connection with the Users use of the Services (see Section III Use of Services);
  • Access and use any content, information and related materials that may be made available through the use of Services solely for the User’s personal use. (see Section III and Section V)

Any rights not expressly granted herein are hereby reserved by TEAMDEAL and TEAMDEAL’s licensors.

RESTRICTIONS AND CONTINGENCIES OF GRANT OF LISCENSE

The license is granted to User contingent to the following conditions. The User undertakes that the User:

  • Will not alter, add or remove any copyright, trademark or other proprietary notices from any portion of the Application;
  • Will not duplicate, reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by TEAMDEAL;
  • Will not decompile, reverse engineer or disassemble the Application and/or Services;
  • Will not link to, mirror or frame any portion of the Application and/or Services;
  • Will not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Application and/or Services or unduly burdening or hindering the operation and functionality of any aspect of the Services; attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

OWNERSHIP

The Application and Services and all rights therein are and shall remain TEAMDEAL’s property protected under international copyright and IP laws. Neither these Terms nor the Users use of the Application or Services grant to the User any rights ( in or related to the Application or Services except for the limited license granted above) to use or reference in any manner TEAMDEAL’s company names, logos, software, app, product and service names, trademarks or services marks or those of TEAMDEAL’s licensors.

FALSE CLAIMS MADE BY USER TO OBTAIN LISCENCE

Making a false claim to obtain a License to use services or in any section in this document shall automatically disqualify the User from using the Services. The User is encouraged to cease and desist from using the services if making a false claim and if the User continues to do so, the User will be liable and subject to prosecution for having committed fraud against and infringing IP rights of TEAMDEAL.

III. TERMS OF USE OF THE SERVICES

ACCOUNTS

To use the Services, the User must register for and maintain a User account (“Account”). The User must be an adult and reside within India to obtain an Account. The account will be linked to an active mobile/cell phone number, either belonging to the User or to which the User has authorization to use. Account registration and use of Services may require the User to submit to TEAMDEAL information that belongs to the User and the Users existing or prospective debtors, including names, addresses, GST#s, PAN#s, mobile/cell phone numbers , as well as at least one valid payment method that either belongs to the User or the User has authorization to give. (credit card/debit card/net banking/e wallet or other accepted payment method). The User agrees to maintain accurate, complete, and up-to-date information in the Account. Failure to do so may result in inability to access and use the Services or TEAMDEAL’s termination of this Agreement with the User. Further, the User is solely responsible for all information uploaded on Account and activity that occurs under the Account, and the User agrees to maintain the security and secrecy of the User Account Username and password at all times. Unless otherwise permitted by TEAMDEAL in writing.

TERMS OF USE (TO BE READ IN CONJUNCTION WITH ENTIRE DOCUMENT INCLUDING IV PAYMENTS, V. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY)

By using the services, the User hereby undertakes:

  • That the mobile/cell phone number used to register for the account, either belongs to the User or the User has authorization to use the number for the specific purpose of registering with TEAMDEAL
  • That the payment method used to pay to TEAMDEAL for services provided, either belongs to the User or the User has authorization to use the payment method provided for the specific purpose of paying for the services.
  • To pay all and any applicable charges to TEAMDEAL, including but not limited to convenience fee, statutory and payment facilitation charges including taxes, levy’s, charges, surcharges, cesses, fees will be charged as applicable.
  • That the User is acting on the Users own accord and is bound to all terms and conditions mentioned in this document (Sections I thru VI) when using the services and further is fully responsible for all actions taken by the User.
  • To not authorize third parties to use their Account.
  • To not assign or transfer the Account to any other person or entity.
  • To comply with all applicable laws when using the Services
  • To use the Services only for lawful purposes.
  • That the Services will not be used to cause nuisance, inconvenience whether to TEAMDEAL or to any other party.
  • That in certain instances the User may be asked to provide proof of identity to access or use the Services and that the User may be denied access to use of the Services if the User refuses to provide proof of identity to check compliance of mentioned undertakings.
  • That all information that has been shared by the User with TEAMDEAL is factually correct and accurate.
  • To agree to the Terms of Service presented in this document and covered all segments I thru VI.
  • And agrees that the Application are the sole property of TEAMDEAL and the User hereby acknowledges and agrees that the User has no claim on any part of the Application. Further, even incase a residual claim exists the User agrees to transfer any and all such residual claims to TEAMDEAL for monetization. The User hereby waives all direct and indirect claims and rights and subsequently transfers all such claims to TEAMDEAL.
  • That the User is the sole and exclusive owner of all User Content and has all rights, licenses, consents and releases necessary to provide that content or incase of Third Parties has the relevant authorization rights, licenses, consents and releases necessary to provide that content and further grants TEAMDEAL the license to use that User Content.
  • That neither the User Content/Uploaded Information nor the Users submission, uploading, publishing or otherwise making available of such User Content/Uploaded Information nor TEAMDEAL’s use of the said User Content/Uploaded Information as stated herein will infringe or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  • To not provide User Content/Uploaded Information that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive or objectionable, as determined by TEAMDEAL in its sole discretion, whether or not such material may be protected by law. TEAMDEAL may, but shall not be obligated to, review, monitor, or remove User Content/Uploaded Information, at TEAMDEAL’s sole discretion and at any time and for any reason, without notice to the User.
  • That the User is responsible for submitting any information of any kind on the app and the User herby indemnifies TEAMDEAL from any and all claims from any third party or otherwise that may originate as a direct or indirect consequence of submitting that information.

TEXT/SMS MESSAGING

By creating an Account and using these services the User agrees to receive informational text (SMS) and WhatssApp messages and Authorizes TEAMDEAL or its third party service providers to send SMS and Whatsapp Messages the Users contacts on the User behalf.

USER PROVIDED CONTENT AND PRIVACY POLICY

TEAMDEAL may, in its sole discretion, allow or request the User to present, upload, or make available numeric, alphanumeric, text, audio-visual content and information, including commentary and feedback related to the Services. (“User Content” or “Content” used interchangeably).

By providing User Content to TEAMDEAL, the User agrees to give to TEAMDEAL a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content (including in connection with the Services and TEAMDEAL’s business and on third-party sites and services), without further notice to or consent from the User, and without the requirement of payment to the User or any other person or entity.

The User represents and undertakes:

  • That the User is the sole and exclusive owner of all User Content and has all rights, licenses, consents and releases necessary to provide that content or incase of Third Parties has the relevant authorization rights, licenses, consents and releases necessary to provide that content and further grants TEAMDEAL the license to use that User Content.
  • That neither the User Content nor the Users submission, uploading, publishing or otherwise making available of such User Content nor TEAMDEAL’s use of the said User Content as stated herein will infringe or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  • To not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive or objectionable, as determined by TEAMDEAL in its sole discretion, whether or not such material may be protected by law. TEAMDEAL may, but shall not be obligated to, review, monitor, or remove User Content, at TEAMDEAL’s sole discretion and at any time and for any reason, without notice to the User.
  • That the User is responsible for submitting any information of any kind on the app and the User herby indemnifies TEAMDEAL from any and all claims from any third party or otherwise that may originate as a direct or indirect consequence of submitting that information.

NETWORK ACCESS AND DEVICES

The User is solely responsible for obtaining the data network access necessary to use the Services. The Users mobile/cell network’s data and messaging rates and fees may apply if the User accesses or uses the Services from a wireless-enabled device. The User is responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. TEAMDEAL does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the User should be aware that the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

FALSE CLAIMS MADE BY USER TO USE SERVICES

Making a false claim to obtain a License to use services or in any section in this document shall automatically disqualify the User from using the Services. The User is encouraged to cease and desist from using the services if making a false claim and if the User continues to do so, the User will be liable and subject to prosecution for having committed fraud with TEAMDEAL.

IV. PAYMENT

The User understands acknowledges and undertakes following:

That use of the Services will result in charges to the User (“Charges”).

All Charges are due immediately and payment will be facilitated by TEAMDEAL using the preferred payment method designated in the Users Account, after which TEAMDEAL will send the User a receipt by email or text message . If Users primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, the User agrees that TEAMDEAL may use a secondary payment method specified in the Account, if available.

As between the User and TEAMDEAL, TEAMDEAL reserves the right to establish, remove and revise Charges for any or all services or goods (as applicable,) obtained through the use of the Services at any time in TEAMDEAL’s sole discretion. TEAMDEAL may from time to time provide certain Users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and the User agrees that such promotional offers and discounts, unless also made available to the User, shall have no bearing on use of the Services or the Charges applied to the User in question. The User may elect to cancel request for Services at any time prior to receiving a product procured confirmation message from TEAMDEAL, in which case the User may be charged a cancellation fee.

The User expressly authorizes TEAMDEAL to charge the applicable fees and taxes on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on the Users particular membership and utilized services.

We understand that the User might cancel an account, but please know that TEAMDEAL will not provide any refund(s) and the User will be responsible for paying any balance due on the account. The User agrees that TEAMDEAL may charge any unpaid fees thru provided payment method and/or send the User a bill for such unpaid fees.

All statutory and payment facilitation charges including taxes, levy’s, charges, surcharges, cesses, fees will be charged as applicable.

The User hereby undertakes that the payment method used to pay to TEAMDEAL for services provided, either belongs to the User or the User has authorization to use the payment method provided for the specific purpose of paying for the services.

V. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

DISCLAIMERS

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BASIS. TEAMDEAL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TEAMDEAL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TEAMDEAL IS NOT A CREDIT RATING OR A MARKET RATING AGENCY OF COMPANY. ANY AN ALL MARKET FEEDBACK OR MARKET RESEARCH PROVIDED TO THE USER IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND TEAMDEAL CANNOT VOUCH FOR THE AUTHENTICITY OF THAT INFORMATION. THE USER IS STRONGLY ADVISED TO CONDUCT THEIR OWN DUE DILLIGENCE PRIOR TO INITIATING ANY FINANCIAL TRANSACTION WITH ANY THIRD PARTY.

THE USER AGREES THAT THE ENTIRE RISK ARISING OUT OF USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH THE USER.

LIMITATION OF LIABILITY

REGARDLESS OF WHETHER SOUNDING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE TEAMDEAL SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, PRIVACY RELATED OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, INFRINGEMENT OF PRIVACY RIGHTS OR DAMAGE TO PROPERTY (BOTH MOVEABLE AND IMMOVABLE) RELATED TO, OR IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES. EVEN IF TEAMDEAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TEAMDEAL SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF THE USERS USE OF OR RELIANCE ON THE SERVICES OR THE USERS INABILITY TO ACCESS OR USE THE SERVICES. TEAMDEAL SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TEAMDEAL’S CONTROL. THE USER HERBY INDEMNIFIES TEAMDEAL FROM ANY AND ALL CLAIMS THAT MAY ARISE OUT OF ISSUES RELATING WITH USE OF THE SERVICES. IN ADDITION, TEAMDEAL SHALL NOT BE LIABLE TO THE USER FOR ANY DAMAGES ARISING OUT OF, OR RELATING TO, ANY OF THE FOLLOWING, ACCESS BY ANY THIRD PARTY, WHETHER OR NOT THE USER HAS PROVIDED US ANY KEY, PIN OR PASSCODE TO ALLOW US ACCESS;

INDEMNITY

The User is responsible for use of the Services, and hereby indemnifies and holds TEAMDEAL and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents from and against any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in any way connected with:

  • the Users access to, use of, or alleged use of, the Services
  • the User making any false claim to either obtain a License to Access Services or Application or to Use Services.
  • Sharing of inaccurate, false, misleading or incorrect information uploaded by the User.
  • the Users breach or violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
  • The User uploading User Content or TEAMDEAL’s use of User Content;
  • The Users violation of the rights of any third party, including any intellectual property rights or publicity, confidentiality, other property, or privacy rights; or
  • Any dispute or issue between the User and any third party.

TEAMDEAL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User (without limiting the Users indemnification obligations with respect to that matter), and in that case, the User agrees to cooperate with TEAMDEAL’s defense of that claim.

Description:

In these Terms, the words “including” and “include” mean “including, but not limited to.”

User: defined by words including you, yours, consumer, individual, person, entity, party, User, end-User, customer, client, purchaser, principal all collectively and/or separately intended to mean the “User” who uses the Services

TEAMDEAL, or any iteration thereof defined by words including our/we/ours and its parents, subsidiaries, sister concerns, affiliates, employees, directors, authorized signatories, collectively and/or separately intended to mean, “TEAMDEAL”

Applications/Services: defined by words including various websites, Apps, SMS, APIs, Social Media Notifications, email notifications, applications, buttons, widgets, ads, e-commerce services, content etc all collectively and/or separately intended to mean the “Application” ,“Services” “TEAMDEAL”.

The word “Services” “Application” and “TEAMDEAL” shall be used interchangeably and/or shall be read as Services obtained via accessing of Application called “TEAMDEAL”, where applicable, since the “Services” are accessed via “Application” called “TEAMDEAL”

VI. ARBITRATION AND DISPUTE RESOLUTION MECHANISM

The User agrees that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will

FIRST be brought to the attention of TEAMDEAL’s Management in writing or electronically, for settlement. The Management, after scrutinizing the claim, if received, will reply to the User with a decision on the matter within a period of 60 days. Such a decision, if challenged by the User, in respect of every matter so referred shall, subject to arbitration as in hereafter provided, be final and binding on the User. It is the sole responsibility of the User to make sure that the Dispute is brought to the attention of TEAMDEAL’s Management and further inability of the User to contact the TEAMDEALs Management cannot be cited as a reason for moving to the NEXT step of the Arbitration and Dispute Resolution Mechanism Protocol.

SECOND, Incase the User is unsatisfied with TEAMDEAL’s decision; the User may approach for dispute resolution via by binding arbitration. Any dispute or difference of any nature whatsoever, any claim, cross-claim or set-off or regarding any right, liability, act, omission or account of any of the parties hereto arising out of or in relation to this agreement shall be referred to the sole arbitration of a mutually agreeable and appointed arbitrator for resolution in accordance with the Indian Arbitration and Conciliation Act 1996 or any statutory modification or re-enactment thereof (Incase of a Dispute in India) or the corresponding United States Law (incase of a Dispute in an International Setting) and the rules made there under for the time being in force shall apply to the arbitration proceedings under this clause. The User hereto shall be deemed to have irrevocably given consent to the Arbitration and shall not be entitled to raise any objection or protest thereto under any circumstances whatsoever. The award of the Arbitrator so appointed shall be final conclusive and binding on all parties.

ARBITRATION COVENANTS

The User agrees, that the arbitrator shall have power to order and direct either of the parties to abide by, observe and perform all such directions as the arbitrator may think fit having regard to the matters in difference or disputes. The arbitrator shall have all summary powers and may take such evidence oral and/or documentary as the arbitrator in his absolute discretion think fit, and shall be entitled to exercise all powers under the Indian Arbitration and Conciliation Act 1996 or any statutory modification or re-enactment thereof and the rules made there under for the time being in force shall apply to the arbitration proceedings under this clause, including admission of any affidavit as evidence concerning the matter in difference or dispute.

The User agrees that the powers of the arbitrator nominated in the matter here in before mentioned shall include the power to make interim order/orders, as the circumstances of the case may justify, to appoint a receiver, commissioner or custodian by whatever name called to take possession of the property in dispute (if any) during the pendency of the proceeding and subject to such final order as may be passed by the Arbitrator and shall also have the power to issue such further orders from time to time as may be deemed fit, on an application being made to the arbitrator by any of the parties to the dispute where it is apprehended that the property to which it relates is in danger of being wasted, damaged, deteriorated or parted with or rights of other third parties are likely to be created thereon.

The User agrees that TEAMDEAL, as the respondent, reserves the right to a cross-claim, counter-claim or set off before the Arbitrator in respect of any matter in issue arising out of or in relation to the agreement without seeking a formal reference of arbitration for such a counter-claim, cross-claim or set off and the arbitrator shall be entitled to consider and deal with the same as if the matters arising have been referred originally.

The User agrees that the Arbitrator shall be at liberty to appoint, if necessary, any Accountant or Engineer or other technical person for assistance and to act on the opinion taken from such person.

The User agrees that the Arbitrator shall be entitled to direct anyone of the parties to pay the costs of the other party in such manner and to such extent as the Arbitrator may in his direction determine and shall also be entitled to require one or both the parties to deposit funds in such proportion to meet the Arbitrator’s fees and expenses and /or ask the plaintiff to deposit 10% of the total claim made by the plaintiff, or the total claim made by the plaintiff, whichever is less, in the form of a demand draft or other applicable financial instrument, in favor of the Arbitrator as and when called upon to do so. The User understands, acknowledges and agrees that this is a specific measure to avoid frivolous claims and litigation.

The User acknowledges and agrees to waive the right to a trial, or seek injunctive relief in a court of law, or bring an individual action in a consumer disputes redressal forum or consumer claims court, and trial court, High Hourt and Supreme Court (in that specific order) without first agreeing to settle claim via binding arbitration. Further, unless both the User and TEAMDEAL agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any authorized representative proceeding.

The User agrees that the initial arbitration process or subsequent trial, in a consumer claims court or trial court, if any, after due process of arbitration will be subject to the jurisdiction of the Union Territory of Chandigarh, India.

If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination or Breach of these Terms.

Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of TEAMDEAL to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable central, state agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

ARBITRATOR’S DECISION

The arbitrator will render an award within the time frame specified in the Indian Arbitration Act 1940. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable

CHANGES

 If TEAMDEAL makes any future change to this arbitration provision, other than a change to TEAMDEAL’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to TEAMDEAL’s address for Notice, in which case your account with TEAMDEAL will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

PROCESS AFTER ARBITRATION

If the dispute cannot be solved after due process via arbitration, the User agrees that the matter will be under jurisdiction of the courts of the Union Territory of Chandigarh.