Terms of Use

Last Modified: 15 March, 2019

1. Background

1. www.shyplite.com (“Website” or “Platform” or “Shyplite”), is owned, registered and operated by Simba Logistics Private Limited ("Company"), a private limited company bearing CIN
U52600DL2013PTC247988, incorporated under the provisions of the Companies Act, 1956 and having its registered office at D-86, LGF, Kalkaji, New Delhi-110019. The Website is created by the Company and co-branded with Pitney Bowes India Private Limited (“Partner Company”), a private limited company bearing CIN U72200DL2004PTC126016, incorporated under the provisions of the Companies Act, 1956 and having its corporate office at Unit No. 015, 016, Ground Floor, Time Tower Building, M G Road, Gurugram, Haryana-122002, for providing services to the users of this Website or Platform in the name and style of “Pitney Bowes+Shyplite”, which is operational on the Website or Platform of the Company.

2. The entire services as offered on the Platform are solely provided by the Company. The Partner Company’s scope is only limited to co-branding the Platform and offering its hardware products (volumetric weighing devices and weighing plus printer devices) for sale to users of this Website in an offline mode under separate contract(s). The Company shall not be construed as an agent/affiliate of the Partner Company and shall not be held liable for the acts or omissions of the Partner Company’s hardware offerings. Also, the Partner Company shall not be construed as an agent/affiliate of the Company and shall not be held liable for the acts or omissions of the Company offering its services on the Platform.

3. This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

4. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Platform (defined above).

5. These Terms of Use govern your use of the Website or Platform and the services (as defined below) as aggregated through this Website or Platform. By using or visiting our Website or Platform, or by using any services aggregated through this Website or Platform, you shall be deemed to have read, understood and accepted to be bound by these Terms of Use.

6. For the purpose of these Terms of Use, wherever the context so requires "You""Your" or "User" shall mean any person who uses the Platform for availing the Services. The term "We""Us""Our" shall mean the Company, its employees, and authorised agents that perform the Services on the Company’s behalf.

7. We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Website or Platform and your continued use of the Website or Platform, and/or the Services aggregated through the Website or Platform constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website or Platform.

2. Acceptance of Terms of Use

 

These Terms of Use are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Website or Platform at www.shyplite.com and any related mobile or software applications including but not limited to delivery of information via this Website or Platform whether existing now or in the future that link to these Terms of Use. These Terms of Use are effective for all existing and future Users. Please read these Terms of Use carefully before accessing or downloading or using any information, data, text, images, video or audio or any other materials or services available or generated on, posted or uploaded to the Website or Platform. By accessing or browsing the Website or Platform, you indicate that you accept these Terms of Use and that you agree to abide by them. Your access and usage of the Website or Platform constitutes your acceptance of these Terms of Use, as amended from time to time, which takes effect on the date on which you access or browse the Website or Platform. If you do not agree with these Terms of Use, you should cease accessing or using the Website or Platform. By accessing or using the Website or Platform, you are agreeing to these Terms of Use and concluding a legally binding contract with the Company and/or its affiliates. You may not avail the Services if you do not accept these Terms of Use or are unable to be bound by these Terms of Use. Your use of the Website or Platform is at your own risk.

 

3. Services

1. We are aggregators of logistic services (“Services”). Through the Website or Platform, we enable the User(s) to ship orders to multiple locations, without having to deal with multiple courier companies (“Service Providers”).

2. For the purpose of these Terms of Use for availing Services:

a. "Applicable Law" shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any Authority having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter;

b. "Authority" shall mean any national, state, provincial, local or similar government, governmental, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organisation to the extent that the rules, regulations and standards, requirements, procedures or orders of such authority, body or other organisation that have the force of Applicable Law or any court, tribunal, arbitral or judicial body in India;

c. "Customer Agreement" shall mean the agreement entered into/ that shall be entered into by and between you and the Company, which shall clearly state the inter- se rights and obligations between you and the Company;

d. “Content” means any information, data, text, images, video or audio or any other material available from the Website or Platform via or generated on, posted to or uploaded on the Website or Platform; and

e. “Login Details” means login details of Users or other security measure either (i) issued by the Company to the User, or (ii) created by the User, in order to identify the User and access and use the Website or Platform.

3. In order to avail the Services aggregated through the Website or Platform, you shall be required to register on the Website or Platform and sign and agree to the terms and conditions as mentioned in the Customer Agreement.

4. You agree, inter alia, to provide true, accurate, current and complete information about yourself, as prompted by the Website or Platform registration form as well as in the Customer Agreement. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current and incomplete or that you are misusing the Website or Platform in any manner, we reserve the right to indefinitely suspend, terminate or block your access to the Website or Platform and the Services aggregated through the Website or Platform.

4. Platform to connect the Users with the Service Providers

1. We are merely aggregators between you and the Service Providers. These Terms of Use should not be construed in any way to mean that we provide such Services herein.

2. We do not make any representation or warranty as to the timeliness and/or the quality of the services to be provided to you by the Service Provider. We do not accept liability for any errors or omissions committed by the Service Provider or their authorised personnel while rendering the services.

3. The Service Providers are not employees or agents of the Company and the Company shall not be held liable for their actions or inactions.

4. We may, for the purpose of delivering quality Service, use, transmit and share your data with any third-party/affiliate/channel partner/group/subsidiary company(s) of Shyplite under applicable law.

5. Login Details and Security

 

1. The User agrees to comply with any reasonable instructions that the Website or Platform may from time to time issue to them regarding the Website or Platform security. The User agrees that it shall implement, maintain and keep current appropriate security arrangements concerning its access to and use of the Website or Platform, Services, Content and information stored on the Users’ computer systems. The Users and Shyplite shall each take all reasonable precautions to ensure that their respective communications through the Website or Platform and their own systems are not affected by computer viruses or other destructive or disruptive components, and to ensure no such components are transmitted to or via Website or Platform.

2. Shyplite shall apply commercially reasonable security measures in relation to the Website or Platform. Shyplite has adopted reasonable security practices and procedures comprising of managerial, technical, operational and physical security control measures with a view to ensure confidentiality and prevent unauthorized disclosure of information. The User confirms that the level of security provided by the proper use of the Login Details is adequate to protect its interests.

3. The User must not reverse engineer, decompile or otherwise interfere with or publish or make available to any third party the Login Details or any other software, data, tools or facilities made available to them in connection with the Website or Platform or Services or Content.

4. The User must notify the Company as soon as reasonably possible upon becoming aware of any actual or attempted unauthorised access to the Website or Platform or any unauthorised transaction or attempt to execute an unauthorised transaction in connection with the Services or any other circumstance that might be reasonably likely to result in any prejudice to the security of the Website or Platform or Login Details.

5. The User shall ensure that its employees and representatives do not, do anything which may result in the breach of security of the Website or Platform, Services, Content, Login Details or the systems or security of Shyplite or its affiliates, associates, agents or any other parties.

 

 

6. Eligibility/Responsibility of the User to use the Services

 

1. The User agrees to access and use the Website or Platform and the Services only using valid Login Details.

 

2. The User shall ensure that it:

 

a) does not violate our guidelines and polices;

b) does not violate any third-party/affiliate/channel partner/group company/subsidiary(s) rights, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;

c) only uses Login Details to access and use the Services and the Content placed on the Website or Platform;

d) observes any term, instruction or agreement with the Company in connection with the Website or Platform and only access and use the Services and the Content in accordance with the restrictions and conditions set out in these Terms of Use and with any procedures from time to time in force on the Website or Platform;

e) shall not host, display, upload, modify, publish, transmit, update or share any information that:

 

i. belongs to another person and to which the User does not have any right to;

ii. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

iii. harm minors in any way;

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 such messages or communicates any information which is grossly offensive or menacing in nature;

vii. impersonates another person;

viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

ix. 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 other nation; and

x. hacks or accesses without permission Company’s proprietary or confidential records, records of another user, records of any third-party/affiliate/channel partner/group company/subsidiary(s) of Company or those of anyone else.

3. You acknowledge that the Company has no obligation to monitor your – or anyone else's – access to or use of the Website or Services for violations of these Terms of Use, or to review or edit any Content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms of Use and to comply with Applicable Law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.

 

4. You hereby agree and assure the Company that the Website or Platform or Services or Content shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal, State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms of Use or to make any representation or warranty on behalf of Shyplite in any form or manner whatsoever.

 

5. If any of the Users cease to be authorised to use any of the Services or Content at any point of time, the User must:

 

a) notify Shyplite immediately; and

b) ensure the relevant User ceases to use the relevant Login Details issued and ceases to use any part of the Website or Platform or Services or Content.

 

6. The Users may be unable to access or use any Services unless the Users install, implement and maintain appropriate communication facilities (including software and hardware meeting the minimum requirements from time to time notified by the Shyplite, or otherwise). However, Shyplite or its agents does not warrant that the local set-up of the User is in accordance with such minimum requirements that shall ensure access to, full functionality of or effective operation of the Website or Platform. The Users shall ensure that any party using such Services on its behalf obtains any consents and/or licences required by law for such use.

 

7. Misuse in any form, whether intentionally or not, of the Website or Platform, Services and/or Content or otherwise in connection with the Website or Platform, Services or Content by a User shall constitute a material breach of these Terms of Use.

 

8. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use.

 

9. Compliance with Laws: You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms of Use and applicable law, and in a manner that does not violate our legal rights or those of any third party(s).

 

10. Any Content(s) uploaded by you, shall be subject to relevant laws of India and of the country of use and may be disabled, or and may be subject to investigation under Applicable Laws. Further, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of Website (“Privacy Policy”) or Platform, Company shall have the right to immediately block your access and usage of the Website or Platform and Company shall have the right to remove any non-compliant content and/or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.

 

7. Representations, Warranties and Obligations of the Website or Platform

 

We hereby represent and warrant that:

 

a) we are a duly registered company under the relevant provisions of the Companies Act, 1956;

b) we are in compliance with all Applicable Law to provide Services, subject to these Terms of Use; and

c) we will comply with the Privacy Policy and ensure data security of the Users at all times.

 

8. Representations, Warranties and Obligations of the User

 

You hereby represent and warrant that:

 

a) you are a validly incorporated business entity or is legally competent to contract, as applicable;

b) you shall comply with and fully adhere to these Terms of Use and the terms and conditions of the Customer Agreement;

c) you shall provide accurate information and details, when prompted by the Website or Platform registration form and in the Customer Agreement; and

d) you shall fulfil your payment obligations for availing the Services through the Website or Platform.

 

9. Third Party Content and Links

 

Some of the Content available through the Website or Platform or Services may include or link to contents that belong to third parties. Please note that your use of such third party services will be governed by the terms of use and privacy policy applicable to the corresponding third party and the Company shall not be held responsible for any misuse. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the services of any third party. You acknowledge and agree that the Company is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

Third party content, including content posted by you, does not reflect our views or that of our parent, subsidiary, affiliate, partner companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of your content or any third party content. You further acknowledge and agree that Shyplite or its partner/subsidiary/affiliate company is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites 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 web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

 

10. Intellectual Property Rights

Copyright

1. All content included on the Website or Platform, including but not limited to, text, graphics, logos, designs, photographs, button icons, images, video clips, digital downloads, data compilations etc., is our property and is protected by the Applicable Laws with respect to intellectual property rights. We reserve the right to terminate your engagement with us, if we, in our sole and absolute discretion, believe that you are in violation of this clause.

2. The content made available on or via the Website or Platform, is provided to you ‘AS IS’ for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights, not expressly granted in and to the Website or Platform.

Trademarks

3. ‘Shyplite’ and ‘Pitney Bowes’ are the brands of the Company and Partner Company respectively. The Website: www.shyplite.com is the domain of the Company and is co-branded in the name and style of ‘Pitney Bowes+Shyplite’. The Website or Platform, including, but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of the Company.

4. The trademarks, domain names and trade dress of the Company and/or Partner Company shall not be used or reproduced without prior written approval from the Company and/or Partner Company, and may not be used in connection with any product or service that is not affiliated with the Company.

11. User feedback/comments/ suggestions

1. While rating/ submitting/ posting comments/ suggestions/ opinions/ feedback etc. (“User Feedback”), the User agrees and acknowledges that:

a. the User Feedback does not contain any confidential information or is not in violation of any third party right including intellectual property rights;

b. the User Feedback shall not be unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate;

c. we are not under any obligation of confidentiality, express or implied, regarding the User Feedback;

d. we reserve the right to use or disclose such User Feedback for any purpose, in any way, as we deem fit; and

e. by posting/ submitting User Feedback, the same shall become our intellectual property right without any obligations including but not limited to any compensation or consideration, express or implied to you.

12. Nature of Information and Data Privacy

 

1. We may collect personal information from or about you in connection with our dealings with you such as name, contact information, billing address, mailing address, financial information such as bank account details etc. voluntarily submitted by you as “User”. We may also obtain personal credit reports about you for the purpose of assessing your credit worthiness, and we may exchange your personal information with other credit agencies in case of default by you. We will at all times abide by the Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as amended from time to time, in handling personal information about you, your business or your directors. We may share/transfer your personal or other information to our other group companies, Partner Company, credit rating agencies, subcontractors, consultants, advisors, partners, technology providers, Service Providers and other third parties engaged by us to carry out services on our behalf, or otherwise in accordance with our legitimate business needs. Our Service Providers, Partner Company and other third parties  are required to keep confidential and secure the personal information received from us in accordance with our Privacy Policy and they may not use it for any other purpose other than for the purpose for which we provided it to them. We may also use your personal information to send details of Company’s other products and services which may be of interest to you. If you use this Platform, you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer to prevent unauthorized access to your account. You, by logging in or using this Website agree to accept responsibility for all activities that occur under your account and password. You should take all necessary steps to ensure that the password is kept confidential and secured and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided while registering with us on this Website.

 

2. We collect, store, process and use your information in accordance with our Privacy Policy. You represent that you have read, understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms of Use and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the general public. By using the Website or Platform and/or by providing your information, you consent to the collection and use of the information you disclose on the Website or Platform in accordance with our Privacy Policy.

 

13. Fraud and Improper Conduct

1. You may only access the Website or Platform and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all provisions of Applicable Law pertaining to your use of the Services. You agree that you will not in any way:

a. interfere with the ability of others to access or use the Website or Platform or the Services or the Content aggregated through the Website or Platform;

b. disrupt the normal flow of communication or otherwise act in a manner that adversely affects other users ability to use the Website or Platform or the Services or the Content;

c. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;

d. upload or post or transfer, any content or other material that contains or constitutes viruses, Trojan horse or other code with malicious, disruptive and/or destructive features;

e. you shall not attempt to interfere with any other user’s use of the Website or Platform or the Services or the Content aggregated through the Platform; and

f. you shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Service, including, without limitation, with respect to any identifying information about yourself, and all information that you provide must be accurate and correct.

14. Limitation and Disclaimer of Warranty

1. The Website or Platform, the Services and the Content and each portion thereof are provided "AS IS" basis without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Law, we disclaim all warranties, express or implied, with respect to the Website or Platform, the Services and the Content and each portion thereof, including, but not limited to, non-infringement or other violation of intellectual property rights.

2. We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of the Website or Platform or the Services or the Content.

3. We do not warrant or make any representations that the Website or Platform shall (i) meet your requirements or is reliable; (ii) be uninterrupted, timely, secure or error-free; and (iii) rectify any errors found on the Website or Platform’s software. Further, access to the Website or Platform shall be contingent to your internet accessibility and we shall not be held liable for any lack/sporadic breaks in your internet accessibility.

4. We shall not be liable in the event any damage or loss occurs to your computer system, or any other electronic device, or any data as a result of visiting the Website or Platform.

5. We do not warrant or make any representations regarding the reliability, suitability or quality of the services provided by the Service Providers.

6. We shall not be liable for any loss or damages suffered by the User due to performance or non-performance of the services by the Service Providers. Further, we shall not be liable for any loss or damage suffered, on account of any fraud, willful misconduct or negligence on the part of the Service Providers.

7. We shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever incurred by the User due to use of the Services or due to the non- availability of access to the Website or Platform or the Services.

8. If you are dissatisfied or harmed by the Website or Platform or anything related with the Website or Platform, your sole remedy shall be to terminate these Terms of Use by leaving the Website or Platform.

9. We shall be entitled to disclose to the Authority, as required by Applicable Law or by any directive or request from any government body, the particulars of the User engaged with the Website or Platform.

10. We shall be entitled to add, to vary or amend any or all these terms and conditions at any time and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment is incorporated into these terms and conditions, and such amended terms and conditions are published on the Website or Platform.

15. Indemnification

 

You agree to indemnify, defend, and hold harmless the Company from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) your content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms of Use, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. 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 with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. 

 

16. Termination

 

We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms of Use; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms of Use, we may, in our sole discretion, retain or delete all data or information collected from you upon use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.

 

17. Severability

 

If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to Applicable Laws, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use for Services shall continue in effect.

 

18. General

1. Unless otherwise specified herein, these Terms of Use for Services aggregated through the Website or Platform and the Privacy Policy (provided on the Website or Platform) constitutes the entire agreement between you and Shyplite, in respect of the Services and supersedes all previous written and oral agreements between you and Shyplite, if any. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

2. The Company has appointed a grievance officer whose name and contact details are available in the Privacy Policy. Any complaints/issues faced by the Users, or any victim who suffers as a result of access or usage of computer resource by any person in violation of any law, or any other grievance, must be notified to the grievance officer.

19. Governing Law and Jurisdiction

 

The Terms of Use and Privacy Policy shall be governed by and constructed in accordance with the Applicable Law without reference to conflict of laws principles. The courts in New Delhi, shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, these Terms of Use and Privacy Policy. Alternatively, and at the Company’s sole option, the Company may commence proceedings against any User at a competent court of a place of business of the User.