Terms and Conditions (T&C) – Food and BeveragesTerms and Conditions (T&C) – Food and Beverages
1.AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you (“you” or “”User” or “Customer” or “ADL Reward Member”) and Adani Digital Labs Private Limited (together with its subsidiaries, “we,” “us” or “our”), concerning your access to and use of this Platform i.e. Adani One (including sub-domains and microsites), as well as any other mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”). You agree that by accessing the Platform, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Platform after the date such revised Terms of Use are posted.
The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2.MINORS
The Platform is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Platform. We do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us, we will delete that information from
the Platform as quickly as is reasonably practical.
3.SERVICES OVERVIEW
Adani One is a platform for User to transact with third party sellers, who have been granted access to the Adani One to display and offer products for sale through the Adani One. For abundant clarity,
the Company does not provide any services to users other than providing Adani One as a platform to transact at their own cost and risk, and other services as may be specifically notified in writing.
The Company is not and cannot be a party to any transaction between you and the third-party sellers, or have any control, involvement or influence over the products purchased by you from such third-party sellers or the prices of such products charged by such third-party sellers. The Company therefore disclaims all warranties and liabilities associated with any products offered on Adani One.
Transactions through the Adani One may be subject to various terms and conditions specifically curated by the third-party sellers including but not limited to certain delivery charges (if any). You will be informed of such delivery charges, if any, at the stage of check-out for a transaction through the Adani One.
Transactions through the Adani One may be subject to a non-refundable convenience fee. You will be informed of such convenience at the stage of check-out for a transaction through Adani One.
4.LICENCE & ACCESS
The Company grants you a limited sub-license to access and make personal use of Adani One, but not to modify it, or any portion of it, except with express prior written consent of the Company. Such limited sublicense does not include/permit any resale or commercial use of Adani One or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Adani One or its contents; any downloading or copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools.
Adani One or any portion of the Adani One may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of the Company
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Adani One or of the Company and/or its affiliates without the express prior written consent of the Company.
You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express prior written consent of the Company.
You shall not attempt to gain unauthorized access to any portion or feature of Adani One, or any other systems or networks connected to Adani One or to any server, computer, network, or to any of the services offered on or through Adani One, by hacking, ‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:
Belongs to another person and to which you do not have any right;
1.Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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;
2.Harms minors in any way;
3.Infringes any patent, trademark, copyright or another proprietary/intellectual property right;
4.Violates any law for the time being in force;
5.Deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
6.Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
7.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 cognizable offense or prevents investigation of any offense or is insulting any other nation;
8.Is misleading or known to be false in any way.
Any unauthorized use shall automatically terminate the permission or sub-license granted by the Company.
5.PRICING
The Company aims to ensure that prices of all products offered for sale are true and correct. However, from time to time, the prices of certain products may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product information provided to the Company by third-party sellers. In each such case, notwithstanding anything to the contrary, the Company reserves the right to cancel the order without any further liability.
Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of pick-up, provided that no product offered for sale on Adani One will be sold at a price higher than its MRP (maximum retail price).
6.DISCLAIMERS
•You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgement before entering any transactions. The Company makes its best efforts to display available products, including in respect of their colour, size, shape, and appearance, as accurately as possible. However, as the same are representative accordingly the actual color, size, shape, and appearance may have variations from the depiction on your mobile/computer screen.
•The Company does not make any representation or warranties in respect of the products available on the Marketplace nor does the Company implicitly or explicitly support or endorse the sale or purchase of any products on the Marketplace. The Company accepts no liability for any error, inaccuracy or omission of third parties or for information/inputs received from third parties and provided to you through the Marketplace or otherwise.
•You acknowledge and agree that the Company shall not, at any time, have any right, title or interest to any product(s), which is subject to a bipartite sale and purchase contract between you and the relevant third-party seller. The Company does not have any control over the quality, failure to provide or any other aspect whatsoever of the product(s) and is not responsible for damages or delays on account of products which are out of stock, unavailable or back ordered.
7.REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Marketplace or otherwise disclosed, submitted or offered in connection with use of the Marketplace (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. The Company is and shall be under no obligation to:
(i) maintain any Comments in confidence; or
(ii) pay compensation for any Comments; or
(iii) respond to any Comments. You agree that any Comments submitted by you on the Marketplace will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the Marketplace will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Marketplace. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.
Further, any reliance placed on Comments available on the Marketplace from a third party shall be at your sole risk and expense.
8.CANCELLATION
Please note that all orders shall be considered confirmed unless you cancel the order 30 minutes prior to the scheduled pick-up time of the order. You can cancel the order by simply clicking at “Cancel Order” button 30 minutes prior to the scheduled pick-up time of the order, after which the said button will be disabled automatically. There are no cancellation charges if you cancel your order in the given timelines. All the communications will be shared with you on your registered mobile number or email id.
Notwithstanding anything stated above, User may reschedule 30 minutes prior to the scheduled pick-up time of the order, after which User will not be allowed to re-schedule its order. Furthermore, an order placed can be re-scheduled only once by the User.
9.REFUND
•In case of Order Now / Order for later service availed by the user.
oPost order fulfillment, User will not be able to cancel the order. In case of any concern, User can reach out to us at support@adanione.com.
oAll the amount to be refunded will be credited into the source account of the customer within 10 business days from the date of acceptance of refund.
oAny grievance regarding the F&B order items must be reported at support@adanione.com or 1800-572-111111 within 12 hours of order fulfilment.
•In the case of No-Show by the user after placing the order.
oThe order gets suspended once the no-show is confirmed i.e., once the Flight of the user took off from the Airport.
oOnce the cancellation request is submitted by the User with a reason for cancellation, our Customer Care Team will reach out to the customer for confirmation on cancellation of the order.
oOnce this request is submitted by the customer and an appropriate reason is marked for cancellation, we will check for the fulfilment status and follow the same process as for cancellation after confirming with the third-party seller. In case of non-perishable goods, we will investigate and make a full refund to the customer.
10.INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights of India, foreign jurisdictions and international conventions. The Content and the Marks are provided on the Platform “AS IS” for your information only. Except as expressly provided in these Terms of Use, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, framed, mirrored or used for the creation of any derivative works or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. You are not permitted to reverse-compile, disassemble, reverse-engineer or otherwise replicate any part of the Content or the Marks.
You are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content (if so enabled by the Platform) to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, Content and the Marks.
11.USER REPRESENTATIONS
By using the Platform, you represent and warrant that:
(i)all registration information you submit will be true, accurate, current, complete and not misleading;
(ii) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(iii) you have the legal capacity and you agree to comply with these Terms of Use;
(iv) you are not under the age of 18 or a minor in the jurisdiction in which you reside;
(v) you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise; and
(vi) you will not use the Platform for any illegal or unauthorized purpose.
In case of a breach of the representations in this Clause 5 or of any other part of these Terms of Use, we have the right to: (a) suspend or terminate your account; (b) refuse any and all current or future use of the Platform (or any portion thereof); and (c) terminate your access to any other programs or features that are offered as a part of your membership with the Platform and rescind any accrued benefits under such programs without payment of any compensation.
12.PAYMENT METHODS
User may make payments using any payment instruments including but not limited to credit cards, debit cards, net banking, pre-paid instruments, UPI, Adani One Rewards Points (as defined below) or any other instrument that maybe supported by Adani One from time to time (“Payment Instrument”).
It is clarified that all payment methods may not be available to a given User and their availability to make payments for transactions may vary as maybe determined by us or Service Providers at their sole discretion in order to manage risk, failure rate, location etc. You may be required to verify that you control the Payment Instrument that you register prior to using them for transactions. You shall be solely liable for use of Payment Instrument in any manner whatsoever.
You may be charged a fees, by the Adani One Platform or Service Provider, for usage of Payments Instruments.
You may also be charged a return fee for any direct debit transfer request that is rejected by the Service Provider or issuer of your Payment Instrument for any reason (a “Return Fee”), including without limitation rejections caused by insufficient funds, closure, or if information provided is in-correct. You authorize us (through Service Providers) to debit your Payments Instruments to collect such Return Fee.
ADL is not responsible for any refunds in connection with any services offered by any person on the ADL platform (except for passing on such refunds when received from such persons to customers), other than refunds of convenience fees paid made to ADL for the services it provides to customers (subject to such refund requests being in compliance with these Terms and Conditions and with the terms of the applicable ticket / booking). Please note that Convenience fee is non-refundable in case of ticket cancellation by the user, or flight cancellation by the airline.
13.USER REGISTRATION AND SECURITY
You may be required to register with the Platform by opening an Adani Rewards Membership Account (“Membership Account”) in order to avail a range of services, including the group rewards program operated by us (the “Adani Rewards Program”). You shall be assigned a unique membership number (“Membership Number”) which shall be linked to your Membership Account. You agree to keep your Membership Number and password confidential and will be responsible for all use of your Membership Account and password. We reserve the right to remove, reclaim, or change a username you select if we determine in our discretion, that such username is inappropriate, obscene, or otherwise objectionable. No individual is permitted to create more than one Membership Account including through the use of multiple phone numbers, e-mail addresses or devices. Use of the Adani One Rewards Program through the account created by you shall be subject to the additional terms and conditions set forth in the Adani Rewards Program – Terms and Conditions as available in this Platform.
Select accounts maintained with certain Adani Group Entities will merge into one Membership Account. Users will receive their Membership Number for such merged account when they log into their Membership Account.
In the event that you have previously completed a registration form to enrol with the Platform through a Adani Group Entity (e.g., at outlets, stores, hotels, kiosks), you will be able to access your Membership Account by providing your mobile number, email address or such other identifier provided to such Adani Group Entity at the time of enrolment.
You may cancel your Membership Account at any time by exercising your Right to be Forgotten as set out in the Privacy Notice (available here).
For the purposes of these Terms of Use, “Adani Group Entities” shall include our parent company, Adani Enterprises Limited, and its subsidiaries, associate companies and joint venture companies with whom we have a contractual arrangement to enable their participation on the Platform.
14.PROHIBITED ACTIVITIES
You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Platform, you agree not to:
(i) systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
(ii) make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
(iii) use a buying agent or purchasing agent to make purchases on the Platform.
(iv) use the Platform to advertise or offer to sell goods and services.
(v) circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.
(vi) engage in unauthorized framing of or linking to the Platform;
(vii) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
(viii) make improper use of our support services or submit false reports of abuse or misconduct;
(ix) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
(x) interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform;
(xi) attempt to impersonate another user or person or use the username or Membership Number of another user;
(xii) sell or otherwise transfer your Membership Account;
(xiii) use any information obtained from the Platform in order to harass, abuse, or harm another person;
(xiv) use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavour or commercial enterprise;
(xv) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform;
(xvi) attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform;
(xvii) harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you;
(xviii) delete the copyright or other proprietary rights notice from any Content;
(xix) copy or adapt the Platform’s software;
(xx) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform;
(xxi) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
(xxii) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software;
(xxiii) disparage, tarnish, or otherwise harm, in our opinion, us, our reputation or goodwill and/or the Platform; or
(xxiv) use the Platform in a manner inconsistent with any applicable laws or regulations and these Terms of Use.
15.PRIVACY POLICY AND DATA
We care about data privacy and security. Please review our Privacy Policy (available here). By using the Platform, you agree to be bound by our Privacy Policy and the service-specific terms of use, which are incorporated into these Terms of Use.
Please be advised that the Platform is hosted in India. If you access the Platform from the European Union, United States, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Platform or Services, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India.
16.COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Platform infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). If you are not sure that material located on or linked to by the Platform infringes your copyright, you should consider first contacting an attorney.
17.TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Platform or as long as our content is protected by applicable intellectual property rights law, whichever is later. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM OR SUSPEND YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME WITHOUT NOTICE.
If we suspend your Membership Account for any reason, you are prohibited from registering and creating a new Membership Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to suspending your Membership Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. All benefits and privileges accrued to your Membership Account, including as set out in the Adani Rewards Program Terms and Conditions, if any, shall lapse immediately upon such suspension.
18.GOVERNING LAW
These Terms of Use and your use of the Platform are governed by and will be construed in accordance with the laws of India, without regard to its conflict of law principles.
19.DISPUTE RESOLUTION – ARBITRATION
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use or in respect of the Platform, its contents or any dealings in respect of the Platform (each a "Dispute") brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended, and judgment upon the award rendered by the Sole arbitrators. The sole arbitrator shall be jointly and mutually appointed by the Parties to the Dispute within thirty (30) days of the date of the Arbitration Notice.
The venue and seat of arbitration shall be New Delhi and arbitration proceedings shall be conducted in English language. The awards and orders passed by such sole arbitrator shall be final and binding upon the Parties.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
20.Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) any claim for injunctive relief.
Subject to this clause 20, Disputes arising from or relating to this Platform shall be subject to the exclusive jurisdiction of courts at New Delhi, India.
21.CORRECTIONS
There may be information on the Platform that contains typographical and other errors, inaccuracies, or omissions that may relate to the Platform, including descriptions, pricing, availability and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.
22.DISCLAIMER
THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED HEREIN, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
23.LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
24.INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(i) your Contributions;
(ii) your use of the Platform;
(iii) breach of these Terms of Use;
(iv) any breach of your representations and warranties set forth in these Terms of Use;
(v) your violation of the rights of a third party, including but not limited to intellectual property rights; or
(vi) any overt harmful act toward any other user of the Platform or any of our employees, representatives or agents, in each case, with whom you connected via the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
25.ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM, SUBJECT TO APPLICABLE LAW.
26.MISCELLANEOUS
These Terms and Conditions and any policies or operating rules posted by us on the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by or resulting from any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the Platform.
You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.
Subject to applicable law, you hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
27.CONTACT US
In order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform, please contact us at support@adanione.com
