Terms and Condition
Posted as of 01/05/2024
Last updated as of 01/05/2024
Welcome to imgkart’s Terms of Use
This Terms of Use (hereinafter referred to as “Terms of Use”) is our commitment towards your trust and we intend to provide you with a convenient method to find a vast collection of high-quality images. This Terms of Use lays down all the terms and conditions surrounding the usage of our Website for you and the Company.
Platform herein and in all associated policies refer to www.imgkart.com
Upon usage, registration, or even browsing through our Website creates a contractual relationship between you and us through this Terms of Use and other relevant policies associated with our Website, for all contractual, legal, and compliance purposes. This Terms of Use is considered a legally binding agreement and is also considered as an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions about 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.
1. Definition and Interpretation
1.1. Definition
1.1.1. Applicable Laws - shall mean and refer to all the laws, rules, ordinances, by-laws, etc., and amendments thereafter, applicable within the territory of India.
1.1.2. Content – shall mean and refer to all the text, advertisement, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music, and artwork.
1.1.3. Third Parties – shall mean and refer to all the legal entities either individual or entity linked on the Website apart from the Users and the creator of this Website.
1.1.4. Service – shall mean and refer to all the facilitation of access to and use of a diverse and curated collection of visual content, including images and photographs, sourced from professionals and amateurs alike. Additionally, the services entail the provision of tools and resources for users to search, discover, select, and download images for personal and professional purposes. The services may also include any additional features, updates, or enhancements provided by the platform to enhance the user experience and functionality of the platform.
1.2. Interpretation
1.2.1. Company – For the purposes of this Terms of Use, wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Company and its owned Website.
1.2.2. Platform – For the purposes of this Terms of Use, the Website shall be referred to as the Platform, unless specified otherwise in this Terms of Use.
1.2.3. User - For the purposes of this Terms of Use, wherever the context so requires, “You”, “Your”, “Yourself”, “User”, and “Customer” shall mean and refer to natural and legal individuals who shall be users of this Website provided by Us and who is competent to enter into binding contracts, as per law.
1.2.4. The headings of each section in these Terms of Use are only for the purpose of organizing the various provisions under these Terms of Use in an orderly manner and shall not be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall not have legal or contractual value on your usage of the Website.
1.2.5. The Parties shall refer and mean the company and User together, for the purpose of interpretation of terms of this Terms of Use.
1.2.6. The use of this Website is solely governed by these Terms of Use, Privacy Policy, and any other relevant policies as updated on the Website and any modifications or amendments made thereto by us from time to time, at our sole discretion. If you as a User continue to access and use this Website, you are agreeing to comply with and be bound by the following Terms of Use, Privacy Policy, and any other applicable policies, thereof.
1.2.7. You expressly agree and acknowledge that these Terms of Use and Privacy Policy, and any other applicable policies, are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
1.2.8. You unequivocally agree that these Terms of Use, Privacy Policy, and any other applicable policies, constitute a legally binding agreement between us and that you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Platform, and that the same shall be deemed to be incorporated into these Terms of Use and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms of Use and the Privacy Policy binding on you and that your act of visiting/browsing any part of the Website constitutes your full and final acceptance of these Terms of Use, Privacy Policy, and any other applicable policies.
1.2.9. We reserve the sole and exclusive right to amend or modify these Terms of Use without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, you must stop using the Website at once. Your continued use of the Website will signify your acceptance of the changed Terms of Use.
2. Platform Overview
2.1. Welcome to imgkart! This digital platform is designed to provide users with access to a diverse and curated collection of visual content, including images and photographs. Our platform serves as a bridge between dreamers and individuals or businesses in need of stunning visual content to enhance their projects.
2.2. At imgkart, we aim to offer a seamless and user-friendly experience for discovering, selecting, and downloading high-quality images. Our platform provides intuitive search and filtering tools, making it easy for users to find the perfect visual content for their specific needs. Whether you're seeking images for websites, social media channels, marketing campaigns, or personal projects, you can trust us to provide a convenient solution.
2.3. What sets imgkart apart is our commitment to quality and authenticity. Every image on our platform undergoes a rigorous selection process to ensure that only the best content makes it to our catalog. From stunning landscapes to vibrant lifestyle shots, each photograph is carefully curated to meet the highest standards of visual excellence.
2.4. imgkart is home to a vast collection of high-quality images sourced from professionals and amateurs alike. Users can explore various collections tailored to different events or themes and select the images that best suit their needs. Once chosen, images can be downloaded for a nominal fee and promptly delivered to the user's email inbox for easy
access. Users are free to utilize downloaded images multiple times, maximizing their value for various endeavors.
3. Compliance
This Terms of Use is made in accordance with the provisions of the Information and Technology Act, 2000, and the rules therein along with the amendment from time to time. This Terms of Use is published on the Platform in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Use and practices for access and usage of any functional Website.
4. Registration and Operations
4.1. To fully avail the Services of the Website, registration is required. You are required to create a profile for Yourself by providing the following information which inter alia includes Name, Mobile Number, and Email ID. Users who register with us can avail the Services of the Website. The Website offers the Users an option of signing up through other third-party social networking sites, including but not limited to Gmail, etc. Upon such signup, our servers gain access to information about You from Your social networking account, including but not limited to Your profile, date of birth, name, and gender, and all such information is stored in Our system. Users who do not want to register with Us can avail the service as a guest user.
4.2. Information collected about you is subject to our Privacy Policy, which is incorporated in these Terms of Use by reference. Further, at any time during Your use of this Website, 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
5. Eligibility
5.1. You represent and warrant that you are competent and eligible to enter into legally binding agreements and of competent age and that you have the requisite authority to bind yourself/themselves to these Terms of Use as per the Applicable Law. However, if you are a minor using this Website, you may do so with the consent of your legal guardian. All Acts of the minor shall be deemed to be considered as acts undertaken under the supervision of their legal guardian.
5.2. You further represent that you will comply with these Terms of Use and all applicable local, state, national, and international laws, rules, and regulations.
5.3. You shall not use the Website if you are not competent to enter into a contract or are disqualified from doing so by any other Applicable Laws, rules, or regulations, currently in force.
6. License Restrictions
6.1. You may not use the content provided on the website in a pornographic, defamatory, or otherwise unlawful manner, or to promote violence or hatred. Additionally, you must adhere to all applicable regulations and industry codes.
6.2. Content marked as "editorial" or "intended for editorial" may only be cropped or edited for technical quality, provided that the editorial integrity of the content remains intact. Any other alterations are prohibited.
6.3. You may not use the
content in a manner that allows others to download, extract, or redistribute the content as a standalone file, separate from the project or end use.
6.4. If you use content featuring models or property in connection with a subject that could be considered unflattering or controversial, you must provide a disclaimer indicating that the content is for illustrative purposes only and that any person depicted is a model.
6.5. You may not falsely represent yourself as the original creator of a work primarily composed of licensed content.
6.6. Certain collections may have additional restrictions, which you must adhere to if licensing content from those collections.
6.7. Certain uses of the content are prohibited without prior written consent from us and payment of an additional license fee. These include:
6.7.1. Commercial use of editorial content.
6.7.2. Use of content in "on-demand" products.
6.7.3. Use of content in electronic or digital templates intended for resale.
6.7.4. Use of content as the distinctive feature of a trademark or logo.
6.7.5. Use of content for machine learning, AI, or biometric technology purposes.
7. Content
7.1. All the Content displayed on the Platform is subject to copyright and shall not be reused by You (or a Third-Party) without prior written consent from the Company and the copyright owner.
7.2. The copyright for all images available on our website remains with the original creator or copyright holder. Users acknowledge that they are purchasing a license to use the images under specified terms and conditions, and do not acquire any ownership rights to the images themselves.
7.3. You are solely responsible for the integrity, authenticity, quality, and/or genuineness of the Content provided by you on the Platform and while feedback and comments by You can be made via the Website, we bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the Content on the Platform. Further, the Company reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Company 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/ offensive/ vulgar. You 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/ offensive/ vulgar.
7.4. You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. You shall not copy, adapt, and modify any Content without written permission from the Company.
8. Indemnity
8.1. You agree to indemnify, defend, and hold harmless the Company, and its respective directors, officers, employees, and agents (hereinafter collectively referred to as "Parties"), from and against any 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 maybe payable by, any breach or non-performance of any representation, warranty, covenant, or agreement made or obligation to be performed according to these Terms of Use. Further, you agree to hold the Company harmless against any claims made by any Third Party due to/ or arising out of, or in connection with:
8.1.1. Your use of the Website;
8.1.2. Your violation of these Terms of Use;
8.1.3. Your violation of any rights of another Parties, Users, and/or Third-Party;
8.1.4. Your alleged improper conduct according to these Terms of Use; and
8.1.5. Your conduct in connection with the Website.
8.2. You agree to fully cooperate in indemnifying the Company at your own expense. You also agree not to settle with any party without the consent of the Company.
8.3. In no event shall we be liable to compensate you 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 you 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 your use of, or access, or availing Services from or materials contained therein on the Website.
9. Our Representations and Warranties:
9.1. For all licensed content, we warrant that your use of such content in accordance with this agreement and in the form delivered by us (that is, excluding any modifications, overlays, or refocusing done by you) will not infringe on any copyrights or moral rights of the content owner/creator.
9.2. Unless specifically warranted above, we do not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered, or copyrighted audio, designs, works of art, or architecture depicted or contained in the content. In such cases, you are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the content, and you are solely responsible for obtaining such release(s).
9.3. While we have made reasonable efforts to correctly categorize, keyword, caption, and title the content, we do not warrant the accuracy of such information or of any metadata provided with the content.
9.4. Except as provided in this section above, the content is provided “as is” without representation, warranty, or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties, or conditions of merchantability, or fitness for a particular purpose. We do not represent or warrant that the content or our websites will meet your requirements or that use of the content or websites will be uninterrupted or error-free.
9.5. We may provide links to third-party websites or services. Access to such websites and the information contained therein is provided as a service to those interested in the information. We neither regularly monitor nor have control over the content of third parties' statements or websites. Accordingly, We do not endorse or adopt these websites or any information contained therein. We make no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party websites or other third-party information that is identified on the Site. Users visit these websites and use the information contained therein at their own risk.
10. Limitation of Liability
10.1. We are not responsible for any consequences arising out of the following events:
10.1.1. if the Website
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;
10.1.2. if you have fed incorrect information or data or for any deletion of data;
10.1.3. if there is an undue delay or inability to communicate through email;
10.1.4. if there is a failure in the functioning of any other Service provided by the Company.
10.2. The Website accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to you, your belongings, or any Third-Party, resulting from the use or misuse of the Platform or any Service provided of by the Company through the Platform. The Service and any Content or material displayed of the Services are provided without any guarantees, conditions, or warranties as to its accuracy, suitability, completeness, or reliability. We will not be liable to you for the unavailability or failure of the Platform.
10.3. You are to comply with all Applicable Laws upon you or on your activities, and with all applicable policies, which are hereby incorporated into this Terms of Use by reference.
10.4. The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website and which is incurred by you in connection with the Website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these Terms of Use.
10.5. To the fullest extent permitted by law, We 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 Website.
11. Term
11.1. These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE Terms of Use, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE Terms of Use OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
11.2. If we terminate or suspend your account for any reason, you are prohibited from registering, re-registering, and/or creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
12. Communication
12.1. By using this Website and providing your identity and contact information to the Company through the Website, you agree and consent to receive e-mails or SMS from us and/or any of its representatives at any time.
12.2. You can report to “orders@imgkart.com” if you find any discrepancy with regard to Website or Content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
12.3. You expressly agree that notwithstanding anything contained hereinabove, it may be contacted by us relating to any Services availed by you on the Website or anything pursuant thereto and you agree to indemnify us from any harassment claims. It is expressly agreed to by us that any information shared by us shall be governed by the Privacy Policy.
13. User obligations and formal undertakings as to conduct
You agree and acknowledge that you are a restricted user of this Platform and you:
13.1. Agree to provide genuine credentials during the process whenever required on the Website. You shall not use a fictitious identity. We are not liable if you have provided incorrect information.
13.2. Agree to ensure the Name, Email address, Phone Number, and any such other information that may be provided and is valid at all times and shall keep your information accurate and up-to-date.
13.3. Agree that you are solely responsible for maintaining the confidentiality of your account. 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.
13.4. Authorize the Platform to use, store, or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews, and ratings for personalization of Services, marketing, and promotional purposes, and for optimization of User-related options and Services.
13.5. Understand and agree that, to the fullest extent permissible by law, the Platform 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 the use of the Platform or this Terms of Use, including, but not limited to compensatory, consequential, incidental, indirect, special, or punitive damages.
13.6. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish, or create derivative works from, transfer, or sell any information obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission.
13.7. 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 devices, 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 your access to the Platform. We disclaim any liabilities arising concerning such offensive Content on the Platform.
13.8. Expressly agree and acknowledge that the Content generated by the Users and displayed on the Platform is not owned by the Company and that we are in no way responsible for the Content of the same. You may, however, report any offensive or objectionable content, which we may then remove from the Platform, at our sole discretion.
You further undertake not to:
13.9. 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).
13.10. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity.
13.11. 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.
13.12. 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 Platform.
13.13. Use the Platform or any material or Content therein for any purpose that is unlawful or prohibited by these Terms of Use, 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).
13.14. Violate any code of conduct or guideline which may apply for or to any particular Service offered through the Platform.
13.15. Violate any applicable laws, rules, or regulations currently in force within or outside India.
13.16. Violate any portion of these Terms of Use or the Privacy Policy, including but not limited to any applicable additional terms and conditions of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise.
13.17. 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 Platform.
13.18. Hereby expressly authorize the Company to disclose any and all information relating to you in our possession to law enforcement or other government officials, as we may in our 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. You further understand that the 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, Applicable Law, regulation, or valid governmental request.
13.19. Agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by you at any point in time. If upon Confirmation such details are found to be false, not to be true (wholly or partly), we shall in our sole discretion reject the order and debar you from using the Platform without prior intimation whatsoever.
13.20. Agree not to post any material on the Platform that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, you agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
13.20.1. Belongs to another person and to which you have no right to.
13.20.2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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.
13.20.3. Is in any way harmful to minors.
13.20.4. Infringes any patent, trademark, copyright, or other proprietary rights.
13.20.5. Violates any Applicable Law for the time being in
force.
13.20.6. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing.
13.20.7. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean, or otherwise violate the legal rights of others.
13.20.8. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
13.20.9. Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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.
13.20.10. Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
14. Suspension of User access and activity
Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Platform, and/or refuse the usage of the Platform, without being required to provide you with notice or cause:
a. If you are in breach of any of these Terms of Use, Privacy Policy, or any other applicable policies;
b. If you have provided wrong, inaccurate, incomplete, or incorrect information; and
c. If your actions may cause any harm, damage, or loss to the other Users or the Company, at our sole discretion.
**15. Intellectual Property Rights**
15.1. Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the 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 of Use that shall be available on the Platform. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by either the Platform or such other Third-Party and other distinctive brand features of the Platform are the property of the Platform or the respective copyright or trademark owner. Furthermore, concerning the Platform, we shall be the exclusive owner of all the designs, graphics, and the like, related to the Platform.
15.2. You shall 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 Platform, to be determined in the sole discretion.
16. Disclaimer of Warranties and Liabilities
**16.1.** While we endeavor to maintain accurate and current information on our stock image selling website, we provide no warranties, either express or implied, regarding the completeness, accuracy, reliability, suitability, or availability of the information, images, products, services, or related graphics contained on the website. Users are advised to exercise their own discretion and judgment when relying on such information, as any reliance placed upon it is strictly at their own risk.
**16.2.** The images showcased on our website are intended solely for illustrative purposes. Variations in color, composition, or resolution may occur between the images displayed and those downloaded, attributable to factors such as individual screen settings and file compression.
**16.3.** We do not guarantee the uninterrupted availability of the images featured on our website, nor do we warrant that they will be free from errors or interruptions. We reserve the right to modify, suspend, or terminate any aspect of the website or its associated services without prior notice.
**16.4.** You further agree and undertake that you are accessing the Platform at your sole risk and that you are using the best and prudent judgment before availing of any features on the Platform or accessing/using any information displayed thereon.
**16.5.** You agree that any kind of information, resources, activities, or recommendations obtained/availed from the Platform, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
**16.6.** We do not guarantee that the features and content 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 you hereby expressly accept any associated risks involved with your use of the Platform.
**16.7.** It is further agreed to by you that the contents of this section shall survive even after the termination or expiry of the Terms of Use and/or Privacy Policy.
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17. FORCE MAJEURE
We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our 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.
18. DISPUTE RESOLUTION AND JURISDICTION
18.1. These Terms shall be governed and interpreted by and construed in accordance with the substantive laws of India and subject to arbitration provisions below, each party hereby irrevocably and finally submits to the exclusive jurisdiction of the courts of Bangalore, Karnataka, India thereto in respect of any disputes, legal action or proceedings arising out of or in connection with the Terms, interpretation, duties, performance, breach, etc. of these Terms.
**18.2.Should any Dispute arise out of or in connection with these Terms, the Parties hereto shall first endeavor to settle such Dispute amicably. If the Dispute is not resolved through amicable settlement within fifteen (15) days after the commencement of discussions or such longer period as the Parties mutually agree in writing, then either Party may refer the Dispute for resolution by arbitration according to the provisions of the Arbitration and Conciliation Act, 1996 (India) or any statutory amendment or re-enactment thereof, or any statute enacted to replace the same, for the time being in force. The arbitration shall be conducted by a sole arbitrator appointed by mutual consent of the parties. The seat and venue of arbitration shall be in Bangalore, Karnataka, India, and the language of the proceedings shall be English.
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19. MISCELLANEOUS PROVISIONS
19.1. Entire Agreement: These Terms of Use, read with the Privacy Policy and Disclaimer form the complete and final contract between us with respect to the subject matter hereof and supersede all other communications, representations, and agreements (whether oral, written, or otherwise) relating thereto.
19.2. Waiver:The failure at any time to require the performance of any provision of these Terms of Use shall in no manner affect our right at a later time to enforce the same. No waiver by us of any breach of these Terms of Use, 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 of Use.
19.3. Severability: If any provision/clause of these Terms of Use 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 of Use shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Use shall be valid and enforceable to the fullest extent permitted by Applicable Law. In such case, these Terms of Use 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.
19.4. Contact Us: If you have any questions about these Terms of Use, the practices of the Website, or your experience, you can contact us by emailing us at order@imgkart.com or by writing to us at imgkart, "Amulya Homes, SF-2, Third Floor, 89 Royal Placid Layout, Haralur Road, Bengaluru, KA-560102".