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TERMS AND CONDITIONS OF SERVICE AND USE

1. GENERAL

a. We, KRISHNA SUPER SPICES, a Sole Proprietorship, represented by its
Proprietor Leena Babulal, operating under the brandname Elephantrunk, having its
registered office at “Krishna Super Spices, Chelackal Building, Munnar, Kerala -
685612”, represented by its members, hereinafter referred to as the “Company”
(where such expression shall, unless repugnant to the context thereof, be deemed to
include its respective legal heirs, representatives, administrators, permitted
successors and assigns.) The creator of these Terms of Service ensures steady
commitment to Your privacy with regard to the protection of your invaluable
information. This document contains information about the Website
www.elephantrunk.in (hereinafter referred to as the “Platform”).

b. For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
a. “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the
Company, as the context so requires.
b. “You”, “Your”, “Yourself”, “User”, “Buyer”, and “Customer” shall mean
and refer to natural and legal individuals who use the Application or
Website and who is competent to enter into binding contracts, as per Indian
laws.
c. “Buyers/Customers” shall refer to those willing to avail services for the
purchase and delivery of goods through the Platform.
d. “User” shall refer to both “Customers” and “Buyers”.
e. “Services” refer to providing a Platform for Customers to purchase goods
and products, make payment and receive delivery through the use of a
single platform.
f. “Third Parties” refer to any Application, company or individual apart from
the User and the creator of this Application.
g. The term “Platform” refers to the Website which provides the Customer

the facility to purchase home appliances from various online sources on a
single domain and receive delivery of the same through the Company.
a. The headings of each section in these Terms are only for
the purpose of organizing the various provisions under
these Terms in an orderly manner and shall not be used by
either Party to interpret the provisions contained herein in
any manner. Further, it is specifically agreed to by the
Parties that the headings shall have no legal or contractual
value.
b. The use of this Platform by the Users is solely governed by these Terms as
well as the Privacy Policy, and any modifications or amendments made
thereto by the Company, from time to time, at its sole discretion. If You
continue to access and use this Platform, you are agreeing to comply with
and be bound by the following Terms and Conditions of Use, Our Privacy
Policy, and all other policies published on the Platform. The User expressly
agrees and acknowledges that these Terms and Policy are co-terminus in
nature, and that expiry/termination of either one will lead to the
termination of the other.
c. The User unequivocally agrees that these Terms and the
aforementioned Policy constitute a legally binding agreement between
the User and the Company, and that the User shall be subject to the
rules, guidelines, policies, terms, and conditions applicable to any
service that is provided by the Platform, and that the same shall be
deemed to be incorporated into these Terms, and shall be treated as
part and parcel of the same. The User acknowledges and agrees that
no signature or express act is required to make these Terms and the
Policy binding on the User, and that the User’s act of visiting any part
of the Platform constitutes the User’s full and final acceptance of these
Terms and the aforementioned Policy.
d. The Company reserves the sole and exclusive right to amend or modify
these Terms without any prior permission or intimation to the User, and
the User expressly agrees that any such amendments or modifications shall

come into effect immediately. The User has a duty to periodically check the
terms and stay updated on its requirements. If the User continues to use the
Platform following such a change, the User will be deemed to have
consented to any and all amendments/modifications made to the Terms. In
so far as the User complies with these Terms, it is granted a personal, non-
exclusive, non-transferable, revocable, limited privilege to access and use
the Platform and the Services. If the User does not adhere to the changes,
You must stop using the Services at once. Your continuous use of the
Services will signify your acceptance of the changed terms.

2. REGISTRATION
Registration is not mandatory for the Users to access the Services provided by the
Company through the Platform.
Users shall register themselves on the Platform by providing information including
but not limited to personal information such as name, location, e-mail address,
contact number, etc. Guest Registrations for purchase are also accepted.
The Users may also link their Facebook/Google accounts with the Platform at the
time of their registration. Availability of this option is provided at the discretion of
the Company.
The Registration and use of the Platform is free of cost and no charges are applicable
for the same.
However, Charges may be incurred after registration depending on the Services the
User would like to avail, as well as for purchase of products.

Registration for this Platform is available only to those above the age of eighteen (18)
years, barring those “Incompetent to Contract” which inter alia include insolvents. If
you are a minor and wish to use the Platform as a User, You may do so through your
legal guardian and the Company reserves the right to terminate your account on
knowledge of you being a minor and having registered on the Platform or availing
any of its Services.

Further, at any time during Your use of this Platform, including but not limited to

the time of registration, You are solely responsible for protecting the confidentiality
of Your Username and password, and any activity under the account shall be deemed
to have been done by You. In the case that you provide us with false and/or
inaccurate details or we have reason to believe you have done so, we hold the right to
permanently suspend your account. You agree that you will not disclose your
password to any third party, and that you will take sole responsibility for any
activities or actions under your account, whether or not you have authorized such
activities or actions. You will immediately notify us of any unauthorized use of your
account.

3. SERVICE OVERVIEW
The Company shall act as a facilitator/service provider for sale and purchase of high
quality spices, tea, coffee, ayurvedic oils and beauty & wellness products, sourced
directly from Kerala, where the Company is located.
The Company, under its brand Elephantrunk, has been engaging in the sale of a
wide variety of products of Kerala, with a range including but not limited to the best
spices, spice extracts, beauty & wellness products, ayurvedic oils, essential oils,
coffee and tea in their premises, as the first spices shop in Munnar. Over time, they
came to open three more shops across Munnar. Now, they’re bringing their
incredible products to your doorstep.
Having years of experience in sourcing and selling these products taken straight
from the farms of Munnar, including many products, like cardamom, sourced
straight from their own farms, Elephant trunk has expanded their services to
provide you a comprehensive online Platform, so that you can enjoy a taste of
Kerala from your own homes!

4. ELIGIBILITY
The User represents and warrants that they are competent and eligible to enter into
legally binding agreements and of 18 years of age, and that they have the requisite
authority to bind themselves to these Terms in accordance with the Law.
The User further represents that they will comply with this Agreement and all
applicable local, state, national and international laws, rules and regulations.

The User may not use the Platform if they are not competent to contract or are
disqualified from doing so by any other applicable law, rule or regulation currently in
force.

5. CONTENT
All text, graphics, User interfaces, visual interfaces, photographs,
trademarks, logos, brand names, descriptions, sounds, music and artwork
(collectively, ‘Content’), is generated/provided or based on information provided
by third parties and We have no control and make no guarantees regarding the
quality, the accuracy, integrity or genuineness of such Content. All the Content
displayed on the Platform is subject to copyright and shall not be reused by any
party (or third party) without the prior written consent of the Company and the
copyright owner.
The User is solely responsible for the integrity, authenticity, quality and
genuineness of the content provided on the Platforms and whilst feedback and
comments by Users can be made via the Platform, the Platform bears no liability
whatsoever for any feedback or comments made by the Users or made in respect of
any of the content on the Platform. Further, the Platform reserves its right to
suspend the account of any User for an indefinite period to be decided at the
discretion of the Platform, or to terminate the account of any User who is found to
have created or shared or submitted any Content or part thereof that is found to be
untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely
responsible for making good any financial or legal losses incurred through the
creation/sharing/submission of Content or part thereof that is deemed to be
untrue/inaccurate/misleading.
The Users have a personal, non-exclusive, non-transferable, revocable, limited
privilege to access the Content on the Platform. Users shall not copy, adapt, and
modify any content without written permission of the Company.

6. TERM
a. These Terms shall continue to form a valid and binding contract between the Parties
and shall continue to be in full force and effect until the User continues to access and

use the Services and Platforms.
b. A Customer may terminate their use of the Services and the Platform at any time.
c. The Company may terminate these Terms and close a User’s account at any time
without notice and/or suspend or terminate a User’s access to the Platform at any
time and for any reason, if any discrepancy or legal issue arises.
d. Such suspension or termination shall not limit our right to take any other action
against you that the Company considers appropriate. 
e. It is also hereby declared that the Company may discontinue the Services and
Platforms without any prior notice.

7. TERMINATION
The Company reserves the right, in its sole discretion, to unilaterally terminate the
User’s access to the Services, or any portion thereof, at any time, without notice or
cause.
The Platform also reserves the universal right to deny access to particular Users, to
any/all of its Services without any prior notice/explanation in order to protect the
interests of the Platform and/or other visitors to the Platform.
The Platform reserves the right to limit, deny or create different access to the Platform
and its features with respect to different Users, or to change any of the features or
introduce new features without prior notice.
The User shall continue to be bound by these Terms, and it is expressly agreed to by the
Parties that the User shall not have the right to terminate these Terms till the expiry of
the same.

8. COMMUNICATION
By using this Services and Platforms, and providing his/her identity and contact
information to the Company through the Platform, the User hereby agrees and
consents to receiving calls, e-mails or SMSs from the Company and/or any of its
representatives at any time.

Customers can report to support@elephantrunk.in if they find any discrepancy with
regard to Service related information and the Company will take necessary action after
an investigation. The response with resolution (if any issues found) shall be dependent
on the time taken for investigation.
The User expressly agrees that notwithstanding anything contained hereinabove, it
may be contacted by the Company or any representatives relating to any service availed
of by the User on the Platform or anything pursuant thereto and the User agrees to
indemnify the Company from any and all harassment claims. It is expressly agreed to
by the Parties that any information shared by the User with the Company shall be
governed by the Privacy Policy.

9. PAYMENT
Charges
Registration and subscription to the Services on the Platform is free of cost.
However, in case of purchase of product the Customer shall pay an amount for the
Services availed through the Platform directly to the Company in any of the
prescribed modes of payment.

Payment Methods
i. Debit Card
ii. Third Party Online Payment Gateways (Like Paytm and CCAvenue)
iii. Net Banking

The User(s) acknowledges that a minimum of one of the above payment methods shall
be offered on the Platform. The Users are solely responsible for the genuineness of
credentials and payment information provided on the Platform and the Platform shall
not be liable for any consequences, direct or indirect, resulting from the provision of
incorrect or untrue credentials or payment information by any Users.

Further, the Platform does not bear any liability for any activities, breaches,
discrepancies or technical problems experienced by the Users whilst using any third-
party payment gateway to make payments. The relationship between the Users and
third-party payment gateway shall be governed by the Terms of Use and Privacy Policy
of the said payment gateway, and the Platform shall not be associated with any dispute
arising therefrom.
The Company will not be liable for any credit card fraud. The liability to use a card
fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on
the user. To provide a safe and secure shopping experience, we regularly monitor
transactions for fraudulent activity. In the event of detecting any suspicious activity, the
Company reserves the right to cancel all past, pending and future orders without any
liability.
The Company shall disclaim all responsibility and owns no liability to Users for any
outcome (incidental, direct, indirect or otherwise) from the use of the Services. The
Company, as a merchant shall be under no liability whatsoever in respect of any loss or
damage arising directly or indirectly out of the decline of authorization for any
Transaction, on Account of the Cardholder having exceeded the preset limit mutually
agreed by us with our acquiring bank from time to time.

10. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO
CONDUCT
The User agrees and acknowledges that they are a restricted User of this Platform, and
that they:
a. Agree to provide genuine credentials during the process of registration on the
Platform. You shall not use a fictitious identity to register. We are not liable if the
User has provided incorrect information.
b. Agree to ensure the email address, address and mobile number provided during
account registration are valid at all times and shall keep your information accurate
and up-to-date. The User can update their details anytime.

c. Agree that they are solely responsible for maintaining the confidentiality of your
account password. You agree to notify us immediately of any unauthorized use of
your account. We reserve the right to close your account at any time for any or no
reason.
d. Understand and acknowledge that the data submitted is manually entered in to the
database of the Platform. The User also acknowledges the fact that data so entered
into the database is for the purpose of easy and ready reference for the User, and to
streamline the Services through the Platform.
e. Authorize the Platform to use, store or otherwise process certain personal
information and all published Content, Customer Purchases, Offer redemption's,
Customer locations, User comments, reviews and ratings for personalization of
Services, marketing and promotional purposes and for optimisation of User-related
options and Services.
f. Understand and agree that, to the fullest extent permissible by law, the
Platform/Company and their successors and assigns, or any of their affiliates or their
respective officers, directors, employees, agents, licensors, representatives,
operational service providers, advertisers or suppliers shall not be liable for any loss
or damage, of any kind, direct or indirect, in connection with or arising from use of
the Platform or from this terms of use, including, but not limited to, compensatory,
consequential, incidental, indirect, special or punitive damages.
g. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute,
disseminate, post, publish or create derivative works from, transfer, or sell any
information or obtained from the Platform. Any such use/limited use of the Platform
will only be allowed with the prior express written permission of the Company.
h. Agree not to access (or attempt to access) the Platform and/or the materials or
Services by any means other than through the interface provided by the Platform.
The use of deep-link, robot, spider or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to access, acquire, copy
or monitor any portion of the Platform or its content, or in any way reproduce or
circumvent the navigational structure or presentation of the Platform, materials or
any content, or to obtain or attempt to obtain any materials, documents or
information through any means not specifically made available through the Platform

will lead to suspension or termination of the User’s access to the Platform. The User
acknowledges and agrees that by accessing or using the Platform or any of the
Services provided therein, it may be exposed to content that it may consider
offensive, indecent or otherwise objectionable. The Company disclaims any and all
liabilities arising in relation to such offensive content on the Platform.
i. Expressly agree and acknowledge that the Content displayed on the Platform is not
owned by the Company, and that the Company is in no way responsible for the
content of the same. The User may however report any offensive or objectionable
content, which the Company may then remove from the Platform, at its sole
discretion.
j. Expressly consents to follow the terms and conditions, and policies of the Sellers
affiliated with the Company from whom the Users are making purchases.

The User further undertakes not to:
a. Engage in any activity that interferes with or disrupts access to the Platform or
the Services provided therein (or the servers and networks which are connected
to the Platform);
b. Impersonate any person or entity, or falsely state or otherwise misrepresent
his/her affiliation with a person or entity;
c. Probe, scan or test the vulnerability of the Platform or any network connected to
the Platform, nor breach the security or authentication measures on the Platform
or any network connected to the Platform. The User may not reverse look-up,
trace or seek to trace any information relating to any other User of, or visitor to,
the Platform, or any other viewer of the Platform, including any User account
maintained on the Platform not operated/managed by the User, or exploit the
Platform or information made available or offered by or through the Platform, in
any manner;
d. Disrupt or interfere with the security of, or otherwise cause harm to, the
Platform, systems resources, accounts, passwords, servers or networks connected
to or accessible through the Platform or any affiliated or linked Platforms;

e. Use the Platform or any material or content therein for any purpose that is
unlawful or prohibited by these Terms, or to solicit the performance of any illegal
activity or other activity which infringes the rights of this Platform or any other
third party (ies);
f. Violate any code of conduct or guideline which may be applicable for or to any
particular service offered on the Platform;
g. Violate any applicable laws, rules or regulations currently in force within or
outside India;
h. Violate any portion of these Terms or the Privacy Policy, including but not limited
to any applicable additional terms of the Platform contained herein or elsewhere,
whether made by amendment, modification, or otherwise;
i. Commit any act that causes the Company to lose (in whole or in part) the Services
of its Internet Establishment ("ISP") or in any manner disrupts the Services of
any other supplier/service provider of the Company/Platform;

Further:
j. The User hereby expressly authorizes the Company/Platform to disclose any and
all information relating to the User in the possession of the Company/Platform to
law enforcement or other government officials, as the Company may in its sole
discretion, believe necessary or appropriate in connection with the investigation
and/or resolution of possible crimes, especially those involve personal injury and
theft/infringement of intellectual property. The User further understands that the
Company/Platform might be directed to disclose any information (including the
identity of persons providing information or materials on the Platform) as
necessary to satisfy any judicial Order, law, regulation or valid governmental
request.
k. By indicating User's acceptance to purchase any product or service offered on the
site, user is obligated to complete such transactions after making payment. Users
shall prohibit from indicating their acceptance to purchase products and services
where the transactions have remained incomplete.
l. The User agrees to use the services provided by the Company, its affiliates,
consultants and contracted companies, for lawful purposes only.

m. The User agrees not to make any bulk purchase to indulge into any resale
activities. In case of any such instances, the Company reserves all rights to cancel
the current and future orders and block the concerned User account.
n. The User agrees to provide authentic and true information. The Company
reserves the right to confirm and validate the information and other details
provided by the User at any point of time. If upon confirmation such User details
are found to be false, not to be true (wholly or partly), the Company shall in its
sole discretion reject the registration and debar the User from using the Services
available on its Website, and/or other affiliated websites without prior intimation
whatsoever.
o. Failure or denial by another user to honor a deal, make payment or if a coupon or
coupon code is not working in case of online coupons, needs to be reported
within 24 hrs of the purchase of the deal or coupon.
p. The User agrees not to post any material on the website that is defamatory,
offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any
goods or services. More specifically, the User agrees not to host, display, upload,
update, publish, modify, transmit, or in any manner share any information that:
i. belongs to another person and to which the User has no 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 or
encouraging money laundering or gambling, or otherwise unlawful in
any manner whatever;
iii. is in anyway 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 such messages
or communicates any information which is grossly offensive or
menacing in nature;
vii. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean
or otherwise violate the legal rights of others;

viii. Impersonate any person or entity, or falsely state or otherwise
misrepresent Your affiliation with a person or entity;
ix. Publish, post, disseminate, any information which is grossly harmful,
harassing, blasphemous, defamatory, obscene, pornographic,
paedophilic, libellous, invasive of another's privacy, hateful, or
racially, ethnically objectionable, disparaging, relating or encouraging
money laundering or gambling, or otherwise unlawful in any manner
whatever; or unlawfully threatening or unlawfully harassing
including but not limited to "indecent representation of women"
within the meaning of the Indecent Representation of Women
(Prohibition) Act, 1986;
x. 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.

11. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, the Company may in its
sole discretion, limit the User’s access and/or activity by immediately removing the
User’s access credentials either temporarily or indefinitely, or suspend/terminate the
User’s association with the Platform, and/or refuse to usage of the Platform to the User,
without being required to provide the User with notice or cause:
a. If the User is in breach any of these Terms or the Policy;
b. If the User has provided wrong, inaccurate, incomplete or incorrect
information;
c. If the User’s actions may cause any harm, damage or loss to the other Users or
to the Company, at the sole discretion of the Company.

12. INDEMNITY

You (the User) agree to indemnify, defend and hold harmless the Company/Platform, its
service providers, and their respective directors, officers, employees and agents
(collectively, "Parties"), from and against any and all losses, liabilities, claims, damages,
demands, costs and expenses (including legal fees and disbursements in connection
therewith and interest chargeable thereon) asserted against or incurred by us that arise
out of, result from, or may be payable by virtue of, any breach or non-performance of
any representation, warranty, covenant or agreement made or obligation to be
performed by You pursuant to these terms of use. Further, you agree to hold us
harmless against any claims made by any third party due to, or arising out of, or in
connection with:
a. Your use of the Platform,
b. Your violation of these Terms and Conditions;
c. Your violation of any rights of another;
d. Your alleged improper conduct pursuant to these Services;
e. Your conduct in connection with the Platform;

You agree to fully cooperate in indemnifying us at your expense. You also agree not to
reach a settlement with any party without our consent.
In no event shall the Company/Platform be liable to compensate the User or any third
party for any special, incidental, indirect, consequential or punitive damages
whatsoever, including those resulting from loss of use, data or profits, whether or not
foreseeable, and whether or not the Company/ Platform had been advised of the
possibility of such damages, or based on any theory of liability, including breach of
contract or warranty, negligence or other tortuous action, or any other claim arising out
of or in connection with the User’s use of or access to the Platform and/or the Services
or materials contained therein.

13. LIMITATION OF LIABILITY
a. The Founders/ Promoters/ Associated people of the Platform are not

responsible for any consequences arising out of the following events:

i. If the Platform is inoperative/non-responsive due to any connectivity
errors associated with the internet connection such as but not limited
to slow connectivity, no connectivity, server failure;
ii. If the User has fed incorrect information or data or for any deletion
of data;
iii. If there is undue delay or inability to communicate through email;
iv. If there is any deficiency or defect in the Services managed by Us;
v. If there is a failure in the functioning of any other service provided
by the Platform.

b. The Platform accepts no liability for any errors or omissions, on behalf of itself, or
for any damage caused to the User, the User’s belongings, or to any third party,
resulting from the use or misuse of the Platform or any service availed of by the
User through the Platform. The service and any Content or material displayed on
the service is provided without any guarantees, conditions or warranties as to its
accuracy, suitability, completeness or reliability. The Platform will not be liable to
you for the unavailability or failure of the Platform.
c. Users are to comply with all laws applicable to them or to their activities, and with
all Policies, which are hereby incorporated into this Agreement by reference.
d. The Platform expressly excludes any liability for any loss or damage that was not
reasonably foreseeable by the Platform and which is incurred by you in connection
with the Platform, including loss of profits; and any loss or damage incurred by you
as a result of your breach of these terms. 
e. To the fullest extent permitted by law, the Platform shall not be liable to you or any
other party for any loss or damage, regardless of the form of action or basis of any
claim. You acknowledge and agree that your sole and exclusive remedy for any
dispute with us is to terminate your use of the Platform.

14. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a
right to use any of the Platform’s trade names, trademarks, service marks, logos, domain

names, information, questions, answers, solutions, reports and other distinctive brand
features, save according to the provisions of these Terms. All logos, trademarks, brand
names, service marks, domain names, including material, designs, and graphics created
by and developed by the Platform and other distinctive brand features of the Platform
are the property of the Company or the respective copyright or trade mark owner.
Furthermore, with respect to the Platform created by the Company, the Company shall
be the exclusive owner of all the designs, graphics and the like, related to the Platform.

The User may not use any of the intellectual property displayed on the Platform in any
manner that is likely to cause confusion among existing or prospective Users of the
Platform, or that in any manner disparages or discredits the Company/Platform, to be
determined in the sole discretion of the Company.

The User is aware all intellectual property, including but not limited to copyrights,
relating to said Services resides with the owners, and that at no point does any such
intellectual property stand transferred from the aforementioned creators to the
Company, or to any other User. The User is aware that the Company merely provides a
Platform through which the Users can communicate and schedule meetings, and the
Company/the Platform does not own any of the intellectual property relating to the
independent content displayed on the Platform, apart from originally created graphics
and specified content

The User is further aware that any reproduction or infringement of the intellectual
property of the aforementioned owners by the User will result in legal action being
initiated against the User by the respective owners of the intellectual property so
reproduced/infringed upon. It is agreed to by the Parties that the contents of this
Section shall survive even after the termination or expiry of the Terms and/or Policy.

15. DISCLAIMER OF WARRANTIES AND LIABILITIES
a. The User agrees and undertakes that they are accessing the Platform at their sole

risk and are that they are using their best and prudent judgment before availing any
service listed on the Platform or accessing/using any information displayed thereon.
b. The User agrees that any kind of information, resources, activities,
recommendations obtained/availed from Platform, written or oral, will not create
any warranty and the Platform disclaims all liabilities resulting from these.
c. The Company/Platform does not guarantee that the Services contained in the
Platform will be uninterrupted or error-free, or that the Platform or its server will be
free of viruses or other harmful components, and the User hereby expressly accepts
any and all associated risks involved with the User’s use of the Platform.
d. It is further agreed to by the Parties that the contents of this Section shall survive
even after the termination or expiry of the Terms and/or Policy

16. FORCE MAJEURE
Neither the Company nor the Platform shall be liable for damages for any delay or
failure to perform its obligations hereunder if such delay or failure is due to cause
beyond its control or without its fault or negligence, due to Force Majeure events
including but not limited to acts of war, acts of God, earthquake, riot, fire, festive
activities sabotage, labor shortage or dispute, internet interruption, technical failure,
breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

17. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and
performance of these Terms and any disputes arising there from will be resolved
through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further
agreed to by the Parties that the contents of this Section shall survive even after the
termination or expiry of the Terms and/or Policy.
a. Mediation: In case of any dispute between the parties, the Parties will attempt to
resolve the same amicably amongst themselves, to the mutual satisfaction of all
Parties. In the event that the Parties are unable to reach such an amicable solution

within thirty (30) days of one Party communicating the existence of a dispute to any
other Party, the dispute will be resolved by arbitration, as detailed herein below;

b. Arbitration: In the event that the Parties are unable to amicably resolve a
dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator
to be appointed by the Company, and the award passed by such sole arbitrator will
be valid and binding on all Parties. The Parties shall bear their own costs for the
proceedings, although the sole arbitrator may, in his/her sole discretion, direct
either Party to bear the entire cost of the proceedings. The arbitration shall be
conducted in English, and the seat of Arbitration shall be the city of Devikulam,
Kerala. Any further dispute to be under the jurisdiction of the Devikulam Court,
Kerala.

The Parties expressly agree that the Terms, Policy and any other agreements entered
into between the Parties are governed by the laws, rules and regulations of India.

18. NOTICES
Any and all communication relating to any dispute or grievance experienced by the User
may be communicated to the Company by the User by emailing to
support@elephantrunk.in .

19. MISCELLANEOUS PROVISIONS
a. Entire Agreement: These Terms, read with the Policy, form the complete and
final contract between the User and the Company with respect to the subject
matter hereof and supersedes all other communications, representations and
agreements (whether oral, written or otherwise) relating thereto.
b. Waiver: The failure of either Party at any time to require performance of any
provision of these Terms shall in no manner affect such Party's right at a later
time to enforce the same. No waiver by either Party of any breach of these Terms,

whether by conduct or otherwise, in any one or more instances, shall be deemed
to be or construed as a further or continuing waiver of any such breach, or a
waiver of any other breach of these Terms.
c. Severability: If any provision/clause of these Terms is held to be invalid, illegal
or unenforceable by any court or authority of competent jurisdiction, the validity,
legality and enforceability of the remaining provisions/clauses of these Terms
shall in no way be affected or impaired thereby, and each such provision/clause of
these Terms shall be valid and enforceable to the fullest extent permitted by law.
In such case, these Terms shall be reformed to the minimum extent necessary to
correct any invalidity, illegality or unenforceability, while preserving to the
maximum extent the original rights, intentions and commercial expectations of
the Parties hereto, as expressed herein.
d. Contact Us: If you have any questions about this Agreement, the practices of the
Platform, or your experience with the Service, you can contact us at
support@elephantrunk.in

 

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