Unless expressly stated otherwise or the context shows otherwise, the following terms have the meanings given:
The Service allows you to access, use and enjoy the services, products and offerings provided by the website and/or any of its business partners. The Service does not include any illegal or banned services and/or products.4. Registration; Rules For User Conduct And Use Of The Service & Security
If you are a user who signs up for the Service on the website, we will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company being Selectronic Equipment, running the website. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
In connection with your use of the computer resources, you may establish or otherwise receive from Criconet user IDs, passwords and other security codes (“User Codes”) that you may need in order to access and use certain portions of the computer resources.
You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form and maintain and promptly update the Registration Info to keep it true, accurate, current and complete. You hereby authorize Criconet, directly or through third parties, to make any inquiries we consider necessary to validate your Info. Criconet reserves all rights to vigorously pursue legal action against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Criconet cannot guarantee the accuracy of any information submitted by any user, nor any identity information about any user.
You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that Criconet is not under any duty to inquire as to the authority or propriety of any instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that Criconet shall not be responsible for damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold Criconet harmless against any liability, losses, damages or costs and expenses (including attorneys’ fees) arising out of, or resulting from, such access and related use of the computer resources . Criconet reserves the right to block access to the computer resources for any reason. You also agree to immediately notify Criconet at email email@example.com, if you become aware of any loss or theft of your User Codes or any unauthorized use of your User Codes. For your protection, Criconet may require the use of encryption technologies for certain types of communications conducted through the computer resources.
(i) belongs to another person and to which the user does not have any right;
(ii) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws of India;
(iii) is harmful to minors,
(iv) infringes any patent, trademark, copyright or other proprietary rights:
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(vii) impersonates another person;
(viii) 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 offence or prevents investigation of any offence or is insulting any foreign States;
(ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
(x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
If any user hosts, displays, uploads, modifies, publishes, transmits, updates or shares any of the information mentioned above, he shall have no right to privacy in respect of the same. Criconet would be duty bound to remove or disable access to such information, on being so notified about such content by affected person, under Rule 3(1)(c) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
Users of the website are encouraged to strictly follow the provisions of the Information Technology Act , rules and regulations made thereunder as also any other applicable laws for the time being in force in India.
6. Posting And Conduct Restrictions
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
7.Online Content Disclaimer
Opinions, advice, statements, offers, or other information or content made available through the website, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the website www.criconet.com and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the website. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the website, or transmitted to users.
8.Links To Other Sites And/Or Materials
As part of the Service provided on the website, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to the website's subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern your acts. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the website or relating to any applications you use or install from the website.
CRICONET does not sponsor or endorse any of the links to third party computer resources and computer networks, nor does CRICONET make any guarantee, warranty or representation regarding the accuracy of the information contained on such Computer resources and computer networks. CRICONET has no control over the security or privacy practices of these external Computer resources and computer networks. Use of other computer resources and computer networks is strictly at your own risk including, but not limited to, any risks associated with destructive viruses. You are responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the other Computer resources and computer networks.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we, being the Company and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
All content included in CRICONET and in CRICONET’S computer resources, including, but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data ("Content"), in any form are protected by Indian and international copyright law and conventions. The Content includes both Content owned or controlled by Criconet, its subsidiaries or affiliates as well as Content owned or controlled by third parties and licensed to Criconet. Reproduction of any Content, in whole or in part, by any means, is prohibited without the express written consent of Criconet.
11. Email May Not Be Used To Provide Notice
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
12. User Consent To Receive Communications In Electronic Form
13. Warranty Disclaimer
The service, is provided “as is,” without warranty of any kind. Without limiting the foregoing, the company expressly disclaims all warranties, whether express, implied or statutory, regarding the service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, the company makes no warranty or representation that access to or operation of the service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT CRICONET’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO ZERO.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
IN PARTICULAR, CRICONET, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CRICONET OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
CRICONET FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. Limitation of Liability
SUBJECT TO OVERALL PROVISION (OF EXCLUSION OF WARRANTIES) ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT CRICONET, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH CRICONET’S MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE CRICONET’S WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON CRICONET’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT CRICONET’S HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
15.Limitation Of Damages; Release
To the extent permitted by applicable law, in no event shall the company, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (a) the use, disclosure, or display of your user content; (b) your use or inability to use the service; (c) the service generally or the software or systems that make the service available; or (d) any other interactions with the company or any other user of the service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not the company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
We reserve the right to modify, suspend or discontinue the Criconet Services of usage of its computer resources or computer networks (or any part thereof) or any Digital Contents, Contents (or any part thereof) at any time with or without notice to you, and we will not be liable to you or to any third party should we exercise such rights. The changes may include superseding terms and conditions. YOU SHOULD REVIEW THIS T&C FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of the computer resources constitutes your acceptance of any change or update, all of which shall become controlling when posted.
17. Detailed Description Of Product/Service – e-Coaching
The e-Coaching platform on our site enables users to connect with independent cricket coaches (the "Coaches") who provide live and or recorded instruction, coaching and mentoring services in our proprietary online nets (the "e-Nets"). The services include, without limitation, facilitating and hosting the coaching and supporting materials, and taking feedback from Users. The platform is a marketplace for coaches and users to conduct e-Coaching of Cricket using our technology. Selectronic / Criconet does not guarantee the quality of the coaching.
You are solely responsible for all data charges and/or other fees and costs associated with your access to and use of the e-Coaching, as well as for obtaining and maintaining all devices and related equipment required for such access and use.
If you use a feature or service that involves the payment of a fee, then you agree to pay, and will be responsible for payment of, that fee and all taxes associated with it. If you provide credit card information to pay for such fees then you hereby represent and warrant that you are authorized to supply such information and hereby authorize the Company to charge your credit card or other payment method for the fees as they are due. If your payment fails then you will not be able to access the service.
18. Specific Obligations Of Coaches
If you are a "Coach" and the following additional terms and conditions apply, and You represent, warrant and covenant that:
19. Specific Obligations Of Users
If you are a user in search of, or engaging, coaches, you represent, warrant and covenant that:
20. Access Or User Rights
When Criconet collects information from a user for registration on the computer resource, it shall retain his information for a period of one hundred and eighty days after any cancellation or withdrawal of his registration, as the case may be.
Criconet shall take all reasonable measures to secure its computer resource and information contained therein following the reasonable security practices and procedures as prescribed in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
21. Fees Cancellation And Refunds
Coaches will be solely responsible for determining the fees to be charged for their sessions, in accordance with the Coach terms and conditions. The fees will be charged in Indian Rupees, and will be payable via any mode provided on the Website. If you are a User, you agree to pay the fees for the session that you take, and hereby authorize us to charge your credit card or other payment methods for these amounts. The refunds will be processed in 7-14 business days via the user’s preferred source of payment.
The Website’s refund policy is as follows:
a. The student will get a complete refund of the fees.
b. Cancellation fees will be levied on the coach, and automatically deducted from their payments received on Criconet.
ii. If the student cancels:
To request a refund, please contact us via firstname.lastname@example.org. Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the site, without any liability to you.
21. Grievance Officer
A user or a victim may make complaint against violation of the provisions of Terms to the Grievance Officer of Criconet, whose details are given below:-
Name: Ms. Pooja Singh
22. General Terms
23. Visitor Bill Of Rights
Visitors to independent providers listed by Criconet are entitled to professional, ethical and confidential care whether services are provided online or in person.
Visitors may not be discriminated against, or refused service on the basis of race, color, religion, sex, sexual orientation, age, cultural background or disability.
Visitors may review information about the service and service providers. Legal, ethical and other information about service are posted for the public to view without restriction.
By using this service you are confirming that you understand and agree to be legally bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU SHOULD NOT USE THIS SERVICE.
24. Registration and Security
Criconet shall be entitled to charge you with such appropriate registration and security charges, as it may deem fit from time to time.
26. Other Content
You acknowledge and agree that Criconet is not responsible for the availability of any such external computer resources and computer networks or resources, and does not endorse any advertising, products or other materials on or available from such computer resources and computer networks.
You acknowledge and agree that Criconet is not liable for any loss or damage which may be incurred by you as a result of the availability of those external computer resources and computer networks or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such computer resources and computer networks.
27. Access and Use
By accessing, browsing or downloading any part of this computer resources and computer networks or its content, or posting or uploading to this computer resources and computer networks, or any other use of Criconet criconet’s computer resources and its content, whether as a registered User or an unregistered visitor, you agree to comply with these Terms, without modification and all relevant applicable laws. You agree not to access by any means other than through the interface that is provided by Criconet for use in accessing its resources.
These web pages in such resources may contain inadvertent inaccuracies or typographical errors. These will be corrected at Criconet’s discretion, as they are found. The information on these web pages is updated regularly, but inaccuracies may remain or occur where changes occur between updates. The network is maintained independently at multiple computer resources and computer networks around the world and some of the information accessed through these web pages may originate outside of Criconet. Criconet excludes any obligation or responsibility for this content. Criconet makes all reasonable attempts to exclude viruses from these web pages, but it cannot ensure this exclusion and no liability is accepted for viruses. Please take all appropriate safeguards before downloading information from these web pages.
29. Visitor On-line Conduct
You agree to use these computer resources only for lawful purposes. You agree to use computer resources only for its intended purposes. Criconet reserves the right to prohibit any conduct involving in respect of its computer resources that it deems to be inappropriate. You agree not to disrupt these computer resources. You agree not to interfere with or compromise the security of these computer resources, or any computer, server, account, network, data, software and/or hardware associated with these computer resources and computer networks. You agree not to disrupt or interfere with any other visitor's use of these computer resources and computer networks. You agree not to attempt to obtain access to any portion of these computer resources, any computer, server, account, network, software and/or hardware associated with the computer resources, from which you are restricted. You agree that you are solely responsible for any action you undertake while visiting these computer resources and computer networks and that you will comply with all applicable local, state, national and international laws and regulations applicable to this computer resources and the Internet, including Information Technology Act, 2000 & Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. You warrant that all information that you provide to gain access to the services provided by this computer resources is accurate and truthful.
30. Criconet Responsibility
Criconet shall take all steps necessary to ensure that no User shall, without Criconet 's prior written consent, use, duplicate or reveal to any person or entity any Login IDs, passwords, software, data, material, content or any other information related to or accessible on the computer resources , whether written, verbal or electronic. Criconet shall treat all Information as copyrighted and owned by Criconet.
Criconet shall, and shall cause each of its employees, agents and subcontractors to, safeguard the confidentiality of Information pursuant to the present T&C regarding the users’ data or informations.
32. Confidentiality and Protection of Personal Information
Information contained on the computer networks and computer resources of Criconet is confidential whenever it is regarded as personal information or information protected by Criconet under the law respecting access to computer resources and the protection of personal information or as information related to a users’ private life.
The Criconet respects the private life of users. However, in view of the fact that computer resources is made available to users in order to assist Criconet in fulfilling its business activities, the user’s right to privacy is limited. Thus, equipment, systems and files intended for work-related matters must be accessible at any time to members of administration, substitute employees or the network administrator.
Criconet shall not systematically oversee user communications. An investigation shall be conducted if there is reason to believe that the computer resources are being used in inappropriate ways or if it is necessary to trace information otherwise unavailable.
The user loses his right to confidentiality for the personal information created by using these computer resources, including all information in contravention of the present T&C or of instructions enacted by the Criconet intended to ensure its application, or to T&C or Local/State/Union laws.
User shall indemnify Criconet and its affiliates and their officers, agents, employees and service providers and hold them harmless in respect of all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by any of them as a result of any claim by a third party resulting from a breach or non-observance by User of any prohibition, or restriction on User's activities in relation to these computer resources and computer networks contained in these Terms, or of any undertaking, representation or warranty of User contained in these Terms and in relation to any claim by any person in respect of matters, responsibilities or obligations that have been disclaimed by Criconet under these Terms.
Without limitation to the generality of the above indemnity, user releases, indemnifies and holds harmless Criconet and its affiliates and their officers, agents, employees and service providers (who disclaim liability) in respect of claims, liabilities, costs (including legal fees), expenses, demands and damages (direct, indirect or consequential) of any nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, howsoever incurred by any of them arising out of or in any way related to:
The T&C constitutes the entire T&C between you and CRICONET governs your use of the CRICONET Services, superseding any prior version of this T&C between you and CRICONET with respect to the CRICONET Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CRICONET services, affiliate services, third-party contents.
35. Compliance with Law
These computer resource are owned by Criconet. Visitors who choose to visit these computer resources from other jurisdictions do soon their own initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, Union, state, and local or foreign, applicable to the use of this computer resources and information, content, material and services contained herein.
36. Choice of Law and Forum
T&C and the relationship between the parties shall be governed by the laws of India without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the T&C, or the relationship between you and Criconet, shall be brought exclusively in the courts located in Delhi, India. You and CRICONET agree to submit to the personal jurisdiction of the courts located in Delhi, India, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
37. Venue and Jurisdiction
Any Disputes relating to these Computer resources, to the use of these Computer resources, and to the information, contents, materials and services available through these Computer resources are governed by the laws of the India and NCT of Delhi as applicable. You hereby, unconditionally, voluntarily and irrevocably consent to submit to the exclusive jurisdiction of the courts of law at Delhi in India, in any claim or dispute concerning, relating to, or arising from this Computer resources and any information received through this Computer resources. You agree not to plead forum non-convenient in any such action and you consent to service of process.
38. Waiver and Severability of Terms
The failure of CRICONET to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect.
39. No Right of Survivorship and Non-Transferability
CRICONET’S account is non-transferable and any rights to your CRICONET’S ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
40. Statute of Limitations
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the CRICONET Services or the T&C must be filed within one month after such claim or cause of action arose or be forever barred.
This T&C shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns; provided, however, that Users may not assign any of its rights or obligations under this T&C.