THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH YOU (“YOU OR “USER” OR “HOME CHEFS/CAFE OWNERS”) MAY USE THE THE MISRII APPLICATION (FOR THE PURPOSES OF THESE TERMS. BOTH THE WEBSITES AND THE APPLICATION SHALL BE REFERED TO AS THE “APP”), WHICH PERMITS USERS TO COOK AND/OR SHARE MEALS (“MEALS”) THROUGH THE APP’S SOFTWARE SERVICE PLATFORM (“PLATFORM”). PLEASE READ THESE TERMS CAREFULLY BEFORE COMMITTING TO USE THE PLATFORM OR SERVICES OFFERED ON THE APP. BY USING THE APP, YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS, WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SERVICES. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE APP AND CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND Misrii.com
. YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.
SECTION A: General Provisions
INFORMATION ABOUT Misrii.com
The App is owned and managed, operated and maintained by MISRII HOMEFOODS LLP, a Limited Liability Partnership company registered in Jaipur, India.
The App is an online marketplace offering where food lovers who wish to find home made Meals can Order from other neighborhood Home chefs who wish to share their cooking skills and Meals with other Foodies . Customers and Home Chefs can also create personal profiles , communicate with other Misrii.com users, rate their experiences and use such other Services available on the App from time to time.
Misrii.com shall be entitled at its own discretion to suspend the App for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the App, including but not limited to preventing you from using the Platform or using any of the Services available on the App.
Misrii.com reserves the right to make any changes to the App including any functionalities and content therein or to discontinue any aspect of the same without notice to you.
Misrii.com relies on third party providers (such as network providers, data centers and telecommunication providers) to make the App and the content therein and the Services available to you. Whilst Misrii.com takes all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that Misrii.com does not warrant that the App services shall be uninterrupted or fault-free at all times. Misrii.com therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Services and App as a result of Misrii.com ’s service providers.
Misrii.com uses third party payment handlers to process your payment. The third party payment gateway provides services for the issuing, use, and management of e-money. These services are offered on the App as a means of payment for Misrii.com . By signing up to Misrii.com (both as a Customer and Misrii Home Chef ), you agree to be bound by the Terms and Conditions of the third party payment Gateway service provider.
By registering your details with Misrii.com as a User, you warrant that:
you are legally capable of entering into binding contracts.
you are at least 18 years old and
you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms for the use of the Services and purchase of Meals.
In order to use the Application services, you will need to complete the online registration form and set up an Account in Misrii.com .
By registering your details and setting up an Account, you consent to Misrii.com conducting verification and security procedures in respect of the information provided by you online.
You hereby warrant that the information provided by you to Misrii.com is true, accurate and correct. You further warrant that you shall promptly notify Misrii.com in the event of any changes to such information.
Upon registration, Misrii.com will give you the opportunity to invite friends to join the App by emailing an invite (whereby you will be required to enter their email addresses), or by contacting friends through their Facebook profiles.
You shall keep your registration details for the App (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to Misrii.com , Misrii.com reserves the right to promptly disable your Login Details and suspend your access to the App in the event that Misrii.com has any reason to believe you have breached any of the provisions set out herein.
Notwithstanding the foregoing, Misrii.com reserves the right to:
accept or reject your application to register for any reason and
suspend your Account and/or refuse you access to the Services and/or App (partly or wholly) if you breach any of the provisions hereunder.
You agree that you are solely responsible and liable for all activities carried out by your use of the App.
You shall not submit to appear on the App through your use of the Services, any information, reviews, comments, images, third party URL links or other material whatsoever in any format (User Submissions”), whether within your personal Profile, when rating or submitting a review in relation to another Foodie or Home Chef or elsewhere on the App that, in Misrii.com’s reasonable opinion, may be deemed to be offensive, illegal, inappropriate or that in any way:
promote racism, hatred or physical harm of any kind against any group or individual
harass or advocate harassment of another person
display pornographic or sexually explicit material
promote any conduct that is abusive, threatening, obscene, defamatory or libelous
promote any illegal activities
provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses
promote or contain information that you know or believe to be inaccurate, false or misleading
engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of Misrii.com; or
infringe any rights of any third party.
You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the App whether or not the submission of such User Submission is part of the Services. You agree that Misrii.com may, at its sole discretion, choose to display or to remove any User Submission or any part of the same that you make on the App, and you hereby grant to Misrii.com , a non-exclusive, perpetual, irrevocable, worldwide license to do so.
You warrant and represent that you own or are licensed to use any and all patents, trade marks (whether registrable or non-registrable), designs, rights in database, rights in software (including without limitation the source and object code), copyright and all Intellectual Property Rights in all User Submissions that you make to the App as part of your use of the Services.
You hereby grant to Misrii.com a non-exclusive, irrevocable license to make the User Submissions available to other Users of the App.
If you feel that any User Submission made by another User is objectionable, please contact Misrii.com using the contact details set out on the App. Misrii.com shall use its reasonable endeavors to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any at all.
You further agree that at all times, you shall:
not use your Login Details with the intent of impersonating another person
not allow any other person to use your Login Details
not use the information presented on the App or provided to you by Misrii.com for any commercial purposes
not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the App or in respect of the network
not infringe any rights of any third parties
contact Misrii.com at info@ Misrii.com immediately if you consider any User Submission posted by another User to breach any of the Terms herein
comply with all instructions and policies from Misrii.com from time to time in respect of the use of the Platform, the Services and the App
co-operate with any reasonable security or other checks or requests for information made by Misrii.com from time to time; and
use the information made available to you on the App and through the Services at your own risk.
In the event that you have a dispute with any other User of the App, you hereby release Misrii.com from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
EXCLUSION OF WARRANTIES AND Misrii.com’S LIMITATION OF LIABILITY
Subject to clause 5.4 and 5.5, if Misrii.com fails to comply with these Terms, Misrii.com shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations hereunder. If Misrii.com ‘s failure to comply with its obligations is not remedied as in this clause 5.1, then Misrii.com shall only be liable for losses (whether arising on contract, tort (including negligence) or otherwise) which are a reasonably foreseeable consequence of such failure, up to a maximum of one hundred rupees (Rs 100.00).
Further, you acknowledge and agree that where the App includes views, opinions, advice or recommendations, such views, opinions, advice and recommendations are not endorsed by Misrii.com and to the maximum extent permitted by law, Misrii.com excludes all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.
Misrii.com does not verify and does not have any control in respect of any User Submission, or other information made available to you through your use of the Platform, the Services and/or the App. Consequently, Misrii.com does not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any User Submission or any other information made available to you through your use of the Meals, the Services and/or the App. Misrii.com advises you not to rely on it to assist in making or refraining from making a decision, or to assist in deciding on a course or specific cause of action. If you so intend to use and/or rely upon any User Submission or any other information made available to you through your use of the Platform, the Services and/or the App, you do so at your own risk and liability.
Subject to clause 5.5, Misrii.com shall not be liable for losses that result from its failure to comply with these Terms that fall into the following categories:
Consequential, indirect or special losses
loss of profits, income or revenue
loss of savings or anticipated savings, interest or production
loss of business or business benefits
loss of contracts
loss of opportunity or expectations
loss of goodwill and/or reputation
loss of marketing and/or public relations time and/or opportunities
loss of data; or
loss of management or office time or any other losses howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in these Terms excludes or limits Misrii.com liability for:
death or personal injury caused by its negligence
fraud or fraudulent misrepresentation; or
any other matter for which it would be illegal for Misrii.com to exclude or attempt to exclude its liability.
Commentary and other materials posted on the App or provided by Misrii.com are not intended to amount to advice on which reliance should be placed. Misrii.com therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any User of the App, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given to you by Misrii.com shall remain solely with you.
Misrii.com does not in any way participate nor shall it be liable in any way for whatever reason for any communication, transaction, meet-up, set-up or relationship between you and other Users. Misrii.com therefore recommends that you take all safety precautions when contacting, socializing and engaging in social gatherings or meetings, including without limitation with regard to the delivery of Meals, with other Users.
INTELLECTUAL PROPERTY RIGHTS
Misrii.com and its licensors own all the intellectual property rights relating to the App, Services and Platform.
You are expressly prohibited from:
reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the App; and
removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by Misrii.com or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Misrii.com or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to Misrii.com.
Provided that Misrii.com is unaware of any infringement of any third party intellectual property rights at the time you submit any User Submissions, Misrii.com shall not be liable in any way to you or any third party for any breach of such rights subsequently notified to you or Misrii.com.
PRIVACY AND DATA PROTECTION
Misrii.com shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Misrii.com’s reasonable control and includes in particular (without limitation) the following:
strikes, lock-outs or other industrial action
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
impossibility of the use of public or private telecommunications networks; and
the acts, decrees, legislation, regulations or restrictions of any government.
COMPLAINTS AND TERMINATION
If you wish to lodge a complaint about another User for breaching any of these Terms, you may do so by clicking on “Report Abuse” on the App or send Misrii.com details of your complaint by using the “Contact Us” form available on the App. Misrii.com will use its reasonable endeavors to respond to your complaints within a reasonable time and to take reasonable action which it deems appropriate to resolve or rectify the subject matter of such complaints.
Misrii.com may suspend or terminate your use of the Services and/or App if:
any of Misrii.com’s third party communication network providers cease to make their services available to Misrii.com for any reason
Misrii.com believes you or someone using your login details has failed to comply with one or more of these Terms
Misrii.com believes there has been fraudulent use, misuse or abuse of the Services
Misrii.com believes you have provided any false, inaccurate or misleading information.
On termination, your access to the App shall cease and Misrii.com may delete your Profile.
If Misrii.com fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by Misrii.com of any default shall not constitute a waiver of any subsequent default.
No waiver by Misrii.com of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
For the avoidance of doubt, references to ‘writing’ shall be deemed to include email.
Misrii.com reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these Terms.
If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in them represent the entire agreement between you and Misrii.com in respect of your use of the App and your purchase and use of the Platform and the Services, and shall supersede any prior agreement, understanding or arrangement between you and Misrii.com, whether oral or in writing.
You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the App, the internet or in negotiation between you and Misrii.com except as expressly set out in these Terms.
Misrii.com may alter or amend our Terms by giving you reasonable notice. By continuing to use the App after expiry of the notice period, or accepting the amended Terms (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms. If, on receipt of such notice, you wish to terminate your access to the App, you may do so by giving us not less than 7 (seven) day’s written notice, (which may be by e-mail), such termination to take effect on the date upon which the amended Terms would otherwise have come into effect.
These Terms are governed by and construed in accordance with Indian law. The Courts of India shall have exclusive jurisdiction over any disputes arising out of these Terms. If you live outside India, Indian law shall apply only to the extent that it does not deprive you of any legal protection accorded under the law of the place where you are habitually resident. If Indian law deprives you of any legal protection which is accorded to you under your local law, these terms will be governed by your local law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.
SECTION B FOODIE/BUYER - TERMS AND CONDITIONS
Upon registration as a Foodie, and in consideration of your compliance with these terms and conditions, Misrii.com will provide you with the Food Services as described on the App and in this section B. You are a Foodie if you submit Orders through the Platform.
Subject to clause 1.4 of Section A above, the Services will comprise of the following:
the facility to create a Profile page
the ability to search for Home CHEFS and their Dishes who have registered with the App and have Meals available for Order
the ability to communicate with other HomeChefs using the App
the facility to review and rate the Home chefs or their dishes
access to any other features and functionality for the Buyer Services provided by Misrii.com from time to time.
You acknowledge and agree that all Orders are subject to acceptance by the Misrii Home Chefs. The contract for fulfillment of an Order is created between you and the HomeChef, which will only be formed once you have received such acceptance from the HomeChef. Misrii.com is not responsible for either party’s performance under such a contract and Misrii.com makes no guarantee that the obligations of either party under the contract will be fulfilled.
All Meals sold on the App are perishable, therefore cancellations or refunds may not be permitted by Home Chefs or Misrii
In Case of online payment done by the buyer and the order is not fulfilled by the Home Chef for some reasons , the buyer can contact Misrii.com for claiming the refund .In such cases , Misrii.com will investigate the issue with the Home Chef and if found reasonable , will initiate the refund to the buyer at its own discretion.
ADDITIONAL OBLIGATIONS AS A BUYER
You must at all times use the Buyer Services and the App in accordance with these Terms. In particular, all content and material uploaded to or forming part of your Profile must comply with the rules relating to User Submissions set out in Section A of these Terms.
As a Buyer, you are responsible for:
ascertaining the identity of any Home Chef
verifying the Price of any Meal, which you acknowledge may fluctuate from time to time and will be determined at the Home Chef’s /Misrii’s sole discretion
ensuring , you have sufficient information relating to any health & safety risks, including ascertaining that the Home Chef is, where applicable registered with their local environmental health department
any review or rating of Home Chefs to be fair, honest and reasonable
verification of all information provided by the Home Chef in relation to any Meals provided, including the ingredients.
In using the Buyer Services, you must:
not provide information (including in your Profile) which you know to be inaccurate, false, incomplete, untrue or is or may be deemed to be a misrepresentation of the facts
immediately notify Misrii.com in the event you have any reason to believe or suspect that a Home Chef or another Buyer has breached any of the terms under Section A or that any Home Chef Profile is not genuine, or is false, inaccurate and/or incomplete.
CANCELLATIONS AND REFUNDS
You acknowledge that the legal right to cancel and obtain a refund under consumer legislation may not apply in respect of your Order. However, and unless expressly stated by a HomeChef to the contrary, Misrii.com operates the following cancellation and refund policy in respect of Orders (“Refund Policy”):
you may cancel your Order and obtain a refund of the Price, provided such cancellation is received by the Home Chef in writing (including by e-mail), or by following the Home Chef’s cancellation procedure, no later than twenty four (24) hours before the Order is scheduled for delivery ( FOR SUBSCRIPTION BASED ORDERS ) and within 3 minutes of placing the order for same day orders .
you may cancel your Order and obtain a 50% refund of the Price paid for the Order, provided such cancellation is received by the Home Chef in writing (including by e-mail), or by following the Misrii’s cancellation procedure, no later than twelve (12) hours before the Order is scheduled for delivery; and
you will not be entitled to any refund of the Price in the event you cancel an Order by providing the Home Chef /Misrii with less than twelve (12) hours written notice (including by e-mail) before the Order is scheduled for delivery.
ADDITIONAL EXCLUSION OF WARRANTIES
You acknowledge and agree that the Foodie Services provided by Misrii.com are limited to providing you with a forum to attempt to source and connect with Home Chefs. When you use the Foodie Services, Misrii.com does not warrant or guarantee:
that you will find Meals suitable to your specific taste, dietary or other requirements
the status of any Home Chef as a business or that they are compliant with any standards set by the Food Standards Agency
the premises used by a Home Chef to prepare Meals are suitable for the cooking and preparing of Meals or, where applicable, registered with their local environmental health department
that the Home Chefs’ Profiles are genuine
that any information or documentation made available on a Home Chef’s Profile (including but not limited to any recipes for the Meals) is authentic, valid, accurate or otherwise complete
the identity of the Home Chef using the App.
As a Buyer, you warrant that you will only purchase Meals for your own personal consumption and will not purchase Meals or use the Services for any commercial purposes, including without limitation to sell Meals to consumers.
Misrii.com is not responsible in any way for the quality or delivery of any Meals by the Home Chefs. Such Meals are to be provided by the Home Chefs on terms and conditions as may be agreed between you and the Home Chefs.
In the event there is a dispute between you and any Home Chefs, or if the Meals provided by a Home Chefs are not provided to a satisfactory standard or at all, you agree Misrii.com is not liable for anything (including but not limited to any loss, damage or personal injury) suffered or incurred by you in the course of receiving such Meals from a Home Chef, and you release and hold harmless Misrii.com from anything you may suffer or any liability in relation to such dispute.
In addition to the registration requirements in Section A, you acknowledge and agree that registration as a Home Chef may include additional verification requirements.
YOUR ADDITIONAL OBLIGATIONS AS A HOME CHEF
By choosing to be a Home Chef and to advertise and deliver your Meals to Buyers through the App, further to the general obligations on you as a User under section A of these Terms, you agree that all information submitted by you in a Home Chef Profile, preparation and supply and/or delivery of the Meals, and any other information provided (including the recipes and ingredients relating to the Meals) or comments made to Buyer or other Home Chefs through the App, must:
be accurate, correct and up-to-date
be provided with all reasonable care and skill in a manner consistent with generally accepted standards in the industry in which you operate
not breach any applicable statutory or regulatory requirement, including following good hygiene practice in the preparation of any Meals and, where applicable, food safety management procedures based on the standards set by the Food Standards Agency from time to time
not be misleading, deceptive or in any way contravene any and all applicable consumer, health and safety and e-commerce laws and regulations; and
not be obscene, defamatory or be in the reasonable view of Misrii.com deemed to be offensive and/or inappropriate.
You further acknowledge and agree that Misrii.com may, at its sole discretion, immediately remove your Profile from the App where it reasonably considers that such Profile, any information you have uploaded or Meals provided, no longer meets the standards that Misrii.com requires of its Home Chefs on the App, at its absolute discretion and upon written notice to you.
CHARGES AND PAYMENTS
All payments from Buyers made through the App shall be made via such payment processor as Misrii.com may choose (“Payment Processor”) to Misrii.com , who will remit to you:
the payments received from the Buyers in respect of the Order
less any fees charged by the Payment Processor; and
less our membership fees and other charges at the rate notified to you during the registration process within thirty (30) days of receipt of the applicable payment by Misrii.com from the Payment Processor.
Where a Buyers requests a refund, the Home Chef/Misrii shall comply with the Refund Policy set out in Section B or such other policy as the Home Chef/Misrii may notify the Buyers in writing. Where the Buyer is entitled to a refund under the Refund Policy, Misrii shall refund the Sale Price less the membership & other fees to Misrii.com immediately. Misrii.com shall refund the Sale Price to the Buyers within 2-7 days of receipt of the Refund Money.
You shall pay all other fees and charges notified to you during the HomeChef registration process . The Membership Fees shall be due and payable in accordance with the payment terms notified to you during registration. The Fees are exclusive of VAT and other sales tax which shall, where applicable, be paid in addition.
ADDITIONAL EXCLUSION OF WARRANTIES
You acknowledge and agree that Misrii.com only provides you with the facility to post and supply Meals to Buyers by providing you with the Online Home Chef Services. Misrii.com does not warrant, represent or guarantee that you will find any Buyers to deliver Meals to or achieve any specific results whatsoever.
You acknowledge and agree that using the Platform through the App may require registration as a business and a food hygiene & safety certificate. Your use and reliance on any information on the App shall be at your own risk and we shall not be liable whatsoever for any damages and loss which you may incur as a result of or in connection with your use and reliance of such information. You undertake to conduct your own research and ensure that you comply with the requirements applicable to you. Misrii.com shall not be liable to you for any failure by you to comply with any relevant laws and regulations that may apply to you in the use of the Platform through the App.
You further agree that Misrii.com does not vet or verify the identity of the Buyers posted on the App. Consequently, Misrii.com does not warrant or guarantee:
the currentness, completeness, correctness and accuracy of any Buyers’ Profile
that any Orders made by Buyers are genuine
the identity of the Buyers using the App.
You further acknowledge that Misrii.com has no control of and therefore has no liability whatsoever in respect of the behavior, response and quality of the Buyers on the App.
Misrii.com provides the Online Home Food Services solely to connect you, the Home Chefs, with Buyers who may be seeking to Order Meals from you. You acknowledge and agree that you are solely responsible for all communication with, and any subsequent dealings with, Buyers (including but not limited to the terms upon which you create and deliver Meals to Buyers). You, the Home Chefs, hereby indemnify Misrii.com in full and on demand against all losses, damages, costs, claims and expenses that Misrii.com incurs (including but not limited to such losses and damages incurred by Misrii.com in respect of sickness, disease or death of any Buyers arising out of or in connection with your acts or omissions in the use of the Platform) arising out of or in connection with any of your dealings with, or Meals provided to, Buyers.
THIRD-PARTY SERVICES AND CONTENT
We may display content, advertisements and promotions from third parties through our Services, in connection with delivery of the Meals or as part of the Services (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that Homemade is not responsible or liable in any manner for such interactions or Third Party Content.
In accordance with the prevalent Copyright Act 1957 & its amendments and other applicable laws, we have adopted a policy of limiting access to the Services by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:
Adv Anil Kumar Sharma
Attention: Copyright Agent
Please see for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
LIMITATION ON TIME TO COMMENCE ACTION, JURISDICTION AND ARBITRATION
You agree that any cause of action arising out of or related to these Terms and our Services must commence by you within one (1) year after the cause of action arose; otherwise, your ability to bring any case or cause or action against Misrii.com
shall be permanently barred. Nothing herein shall be deemed to limit the period during which Misrii.com
may bring any cause of action arising out of this Agreement against you. These Terms will be interpreted in accordance with the laws of …………….the and India , without regard to its conflict of law provisions. This Agreement shall inure to the benefit of each party and its successors, assigns and agents. Misrii.com
may assign its rights and duties under this Agreement to any of its subsidiaries or affiliates without giving you notice or to any other entity upon prior written notice to you.
Binding Arbitration. Any dispute or claim between you and Misrii.com
, arising out of, or relating in any way to, the Terms, the Services, or your use of the Services (“Dispute”) shall be resolved exclusively by final, binding arbitration. By virtue of this Agreement you and Misrii.com
are each giving up the right to go to court and have any Dispute heard by a judge or jury.
The provisions of this Section shall constitute your and Misrii.com
's written agreement to arbitrate Disputes under the relevant Arbitration Act(“Agreement”). Any modification to this Agreement shall be in writing and signed by you and Misrii.com
. The arbitration will be administered by the Arbitrators appointed by the misrii management and conducted before a single arbitrator pursuant to the prevalent rules . The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award. Payment of all filing, administration and arbitrator fees will be governed by the prevalent rules. All arbitrations are to be conducted Jaipur , State of Rajasthan , India.
No Class Action Matters. You and Misrii.com
expressly agree that each shall bring any dispute, in any amount, against the other, in each other’s respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that all disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
GOVERNING LAW AND VENUE
These Terms, your access to and use of the Services shall be governed and construed and enforced in accordance with the laws of the State of Rajasthan , India , without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the Courts of the State of Rajasthan., respectively.