Trademarkclick is a proprietorship firm of Mrs. Meen Bansal, who is a registered trademark agent having Agent code: 3950 and located at 96, Sukhdev Vihar, Mathura Road, New Delhi-110025. Trademarkclick provides a collection of online trademark/copyright/ other IPR services which include classified advertisements and forums (collectively, the "Service") on the website www.trademarkclick.com and related sites and of the platform (collectively, the "Website").
The Website and the Service are provided to you subject to these Buying and Selling Agreement (the "Agreement"). For the purpose of the Agreement and wherever the context so requires, the terms 'you' and “your” shall mean any person who uses or accesses, whether through manual or automated means, the Website or the Service in any manner whatsoever including persons browsing the Website and its content, posting comments or any content or responding to any advertisements or content on the Website. By using the Service, you agree to comply with the Agreement. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at Trademarkclick’s sole discretion. You understand and agree that you are solely responsible for reviewing the Agreement from time to time. Should you object to any term or condition of the Agreement, any guideline, or any subsequent changes thereto or become unhappy with Trademarkclick or the Service in any way, your only choice is to immediately discontinue use of Trademarkclick. The Agreement may be updated by Trademarkclick at any time at its sole discretion. Trademarkclick may send you notices of changes to the Website or the Agreement.
2. DESCRIPTION OF SERVICE AND CONTENT POLICY
- Trademarkclick is the next generation of free online trademark/copyright/other intangible rights classifieds. We act as a venue to allow our users who comply with this Agreement to offer, sell, and buy trademark/copyright/other intellectual property rights listed on the Website. Although you may be able to conduct payment and other transactions through the Website, using third-party vendors such as PayUmoney, Trademarkclick is not in any way in involved in such transactions. As a result, and as discussed in more detail in this Agreement, you hereby acknowledge and agree that Trademarkclick is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. Trademarkclick is a classified for trademark/copyright/other intangible rights where the owners/proprietors of rights may sell them to any prospective buyer. You use the Service and the Website at your own risk.
- You understand that Trademarkclick does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside Trademarkclick 's domain or other means of electronic communication, whether through the Website or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and the Service ("Content"), and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Trademarkclick be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that Trademarkclick cannot and does not pre-screen or approve any Content, but that Trademarkclick has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating this Agreement and such violation being brought to Trademarkclick 's knowledge or for any other reason or no reason at all. Furthermore, the Website and Content available through the Website may contain links to other third party websites ("Third Party Websites"), which are completely unrelated to Trademarkclick. If you link to Third Party Websites, you may be subject to those Third Party Websites' terms and conditions and other policies. Trademarkclick makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and Trademarkclick disclaims all liability thereto.
- You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have and shall continue to, for such time the Content is available on the Website, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Trademarkclick to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and this Agreement. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Website, you hereby grant to Trademarkclick an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and Trademarkclick 's (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Trademarkclick in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to Trademarkclick all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website. The foregoing license to each user granted by you terminates once you or Trademarkclick remove or delete such Content from the Website.
- Trademarkclick does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Trademarkclick expressly disclaims any and all liability in connection with user Content. Trademarkclick does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Trademarkclick may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another's intellectual property rights. Trademarkclick reserves the right to remove any Content without prior notice. Trademarkclick may also terminate a user's access to the Website, if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice. Further, at its sole discretion, Trademarkclick reserves the right to decide whether any Content is appropriate and complies with these Terms.
You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:
- that violates any law or regulation;
- that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Trademarkclick all of the license rights granted herein;
- that infringes any of the foregoing intellectual property rights of any third party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
- that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
- that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
- that 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 cognisable offence or prevents investigation of any offence or is insulting any other nation;
- that includes personal or identifying information about another person without that person's explicit consent;
- that impersonates any person or entity, including, but not limited to, an OLX employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;
- that constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
- that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Website which are not designated for such purposes; or (2) e-mailed to Trademarkclick users who have requested not to be contacted about other services, products or commercial interests;
- that includes links to commercial services or Third Party Websites, except as specifically allowed by Trademarkclick;
- that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
- that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third party Website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;
- make any libellous or defamatory comments or postings to or against anyone;
- collect personal data about other users or entities for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
- post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
- post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
- attempt to gain unauthorized access to computer systems owned or controlled by Trademarkclick or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website.
- use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of Trademarkclick's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.
- use any automated device or software that enables the submission of automatic postings on Trademarkclick without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or
4. PAID POSTINGS
Trademarkclick may charge a fee to post Content in some areas of the Service. The fee permits certain Content to be posted in a designated area of the Website. Each party posting Content to the Service is responsible for said Content and compliance with this Agreement. Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating this Agreement.
5. POSTING AGENTS
As used herein, the term "Posting Agent" refers to a third-party agent, service or intermediary that offers to post Content to the Service on behalf of others. Trademarkclick prohibits the use of Posting Agents, directly or indirectly, without the express written permission of Trademarkclick. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from Trademarkclick.
6. NOTIFICATION OF CLAIMS OF INFRINGEMENTS
Trademarkclick is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties.
If you are an owner of intellectual property rights or an agent who is fully authorised to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorised to act, you may submit a notification to Trademarkclick together with a request to Trademarkclick to delete the relevant Content in good faith.
7. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the materials on the Website, other than the user Content that you licensed under Section 2(c) of the Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Trademarkclick, and are subject to copyright and other intellectual property rights under Indian laws. In connection with the Services, the Website may display certain trademarks belonging to third parties. Use of these trademarks may be subject to license granted by third parties to Trademarkclick. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Website are 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 the prior written consent of the respective owners. Trademarkclick reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Trademarkclick is a service mark pending registration with the Registrar of Trademarks, India.
8. USER SUBMISSIONS
You understand that when using the Website, you will be exposed to Content from a variety of sources, and that Trademarkclick is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libellous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Trademarkclick with respect thereto.
You agree to defend, indemnify and hold harmless Trademarkclick, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Website and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website
10. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Trademarkclick email addresses or through Trademarkclick computer systems are expressly prohibited by this Agreement. You acknowledge and agree that from time to time Trademarkclick may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the Trademarkclick e mail system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms. Any unauthorized use of Trademarkclick computer systems is a violation of this Agreement and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties
11. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
You acknowledge and agree that Trademarkclick shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to transfer of intellectual property rights and any other terms, conditions, or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that Trademarkclick shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that Trademarkclick is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release Trademarkclick, ant its agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
12. LIMITATION AND TERMINATION OF SERVICE
You acknowledge and agree that Trademarkclick may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. You acknowledge and agree that Trademarkclick has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. You acknowledge and agree that Trademarkclick reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Trademarkclick shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that Trademarkclick, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if Trademarkclick believes that you have violated these Terms. Further, you agree that Trademarkclick shall not be liable to you or any third-party for any termination of your access to the Website or the Service. Further, you agree not to attempt to use the Service after any such termination.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW TRADEMARKCLICK, ITS PROPREITOR AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TRADEMARKCLICK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. AS WITH THE PURCHASE OF A TRADEMARK/ COPYRIGHT/ OTHER INTELLECTUAL PROPERTY RIGHT THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL TRADEMARKCLICK, ITS PROPREITOR OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF OLX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE TRADEMARKCLICK SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT TRADEMARKCLICK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE WEBSITE IS CONTROLLED AND OFFERED BY TRADEMARKCLICK. TRADEMARKCLICK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TRADEMARKCLICK without restriction. Any assignment or transfer by you shall be null and void.
16. ABILITY TO ACCEPT TERMS OF SERVICE
Use of www.trademarkclick.com, either by registration or by any other means, is available only to persons, who are 18 yrs of age and above and persons who can enter into a legally binding contract, and or are not barred by any law for the time being in force. If you access Trademarkclick, either by registration on the Site or by any other means, not as an individual but on behalf of a legal entity, you represent that you are fully authorized to do so and the listing, posting or information placed on the site on behalf of the legal entity is your responsibility and you agree to be accountable for the same to other users of the Site.
17. GENERAL INFORMATION
This Agreement and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and Trademarkclick and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and Trademarkclick shall be governed by the laws of the India. Any claim you may have against Trademarkclick must be submitted to the exclusive jurisdiction the courts of New Delhi, India. However, in the event that you are a consumer it may be that consumer law requires that another law is applicable and that a claim may be submitted to another jurisdiction. The failure of Trademarkclick to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Agreements shall not in any way be affected or be impaired.
18. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms that you become aware of by contacting us using the link at the bottom of the Trademarkclick homepage at www.trademarkclick.com and writing to us at firstname.lastname@example.org. Any failure to act by Trademarkclick with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.
Updated on 19th September, 2016