Login to Sahara Care House

GUEST AGREEMENT DEINITION
(a) "You/ Your" refers to persons who request for arranging the Product or Service delivery through www. Sahara carehouse.com and have made payment of applicable fees and charges for such arrangement.
 
(b) "Beneficiaries" refers to the ultimate recipient of the product or services on instructions of the Guest (You).

(c) "Services" refers to the request for the arrangement of product or service delivery through Sahara Care House.

1.  ACCEPTANCE OF TERMS

(a) www.saharacarehouse.com ("Website") is an internet based facilitation service provided by Sahara Care House ("SCH"), an unit of Sahara Service Limited, a company registered under the Companies Act 1956, having its registered office at Sahara India Bhawan, 1 Kapoorthala Complex, Aliganj, Lucknow, Uttar Pradesh, India.
 
(b) Through www.saharacarehouse.com, SCH shall provide you (hereinafter referred to as "You" and the term "your" and associated terms shall be construed accordingly) with the Services / Products, as more particularly described and defined in the terms of service ("TOS") relating to such Service. 

(c) This Guest Agreement ("Agreement") sets out the terms and conditions on which SCH shall arrange to provide You with the Services / Products. In addition to this Agreement and depending on the Services / Products that You opt for, You shall be required to accept the relevant TOS forsuch Service as posted on www.saharacarehouse.com from time to time.  Such TOS shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail to the extent they are not mentioned under the relevant Terms of Service/s and vice versa. 

(d) You shall be bound by the terms of this Agreement expressly set out below and those incorporated herein by reference and the TOS, which may be updated or modified by SCH from time to time ("Amendments"). The Amendments shall be posted on www.saharacarehouse.com which shall always be binding on You.  For the removal of doubts, it is clarified that use by You of the Service(s) shall constitute an acknowledgement and acceptance by You of the TOS, this Agreement and the Amendments made thereto. You shall also be subject to the operating rules and policies applicable to each Service, including the TOS, as may be posted on www.saharacarehouse.com from time to time.  
 
2. ACKNOWLEDGEMENT AND ACCEPTANCE OF TOS AND AGREEMENT 

(a) You must accept all the terms and conditions contained in this Agreement and the applicable TOS before You become a user ("Guest") of SCH.  The Service shall be provided to You under the terms and conditions of the applicable TOS and any operating rules or policies that may be published on www.saharacarehouse.com, which together with this Agreement and any Amendments shall comprise the entire agreement between You and SCH with respect to the Services and shall supersede all prior agreements between the parties regarding the subject matter contained in this Agreement.  

(b) By completing the registration process on www.saharacarehouse.com and clicking on the "ACCEPT" and subsequently "SUBMIT" button, You are confirming your unconditional acceptance to this Agreement and the applicable TOS and agree to be bound by all the terms and conditions of this Agreement, the applicable TOS and/or any amendments and/or any operating rules or policies that may be published on www.saharacarehouse.com from time to time.

. Log on to www.saharacarehouse.com to fill in the application form & register yourself as a Guest.

After registration You can avail the Services by paying the service charges in the manner specified on www.saharacarehouse.com. Service Charges will be collected through any recognized Credit Card. Service Provider Charges shall be charged on actuals from the Beneficiary in all cases. 

(c) Your service shall be under applicable laws of India more particularly under Service Tax, VAT etc. as the case may be.

3. DESCRIPTION OF SERVICE, TERMS OF ORDER AND PRICING

(a) The description of the Service, the terms of service, delivery, pricing and payment mechanism shall be in accordance with the applicable TOS. SCH may prospectively change the specified goods and Services being offered, their respective pricing and the payment method from time to time.  All changes and Amendments made shall be posted on www.saharacarehouse.com. which shall be binding on You at all times.

(b) Notwithstanding anything contained herein or in the applicable TOS, you specifically acknowledge and agree that SCH acts only as facilitating party to liaise/integrate transactions between you and the various service / products providers through several platforms (including, online web store, call centre, mail order catalogues, short messaging service. etc.,) in relation to the services / products and SCH shall in no way be responsible for any deficiency or want in the quality of service and / or products , damages, losses, expenses and/or taxes incurred by you in relation thereof. in no event shall SCH, its directors, officials, representatives and employees be liable for any damages relating to the services / products provided by the various service / products providers to you.  in the event of a material or fundamental breach by SCH of the terms hereof, SCH's liability shall be up to and shall in no event exceed the amount of service charge & vendor task fee, if any, received by SCH from you.  it is further clarified that any loss or damage beyond the amount of such service charge and vendor task fee, if any, shall be deemed as a clear waiver by you. 

3. YOUR REGISTRATION OBLIGATIONS

(a) In consideration of your use of the Service, You represent and confirm that You are of legal age to enter into a binding contract and are not a person barred from receiving the Services / Products under the laws of India or other applicable law(s).

(b) To avail a Service You have and must continue to maintain at your sole cost: (1) all the necessary equipments including a computer and modem etc. to access the Service; (2) own access to the World Wide Web. You are responsible for accessing the Service and that access may involve third party fees including, airtime charges or internet service provider's charges which are to be exclusively borne by You.

(c) You also understand that the Service may include certain communications from SCH or such as service announcements and administrative messages. You understand and agree that the Service is provided on a "AS IS" "AS AVAILABEL" basis and that neither SCH nor any of its affiliate or group companies assume any responsibility for deletions, mis-delivery or failure to store any user communications or personalized settings.

If You are receiving emails from SCH or which You would rather not receive, please review the preferences specified on www.saharacarehouse.com and make any desired changes. If upon updating Your preferences, You still receive such emails from SCH or that You would rather not receive, please report the matter to SCH and SCH would investigate the situation and take appropriate steps in this regard. 

(d) You also agree to: (i) provide true, accurate and complete information about yourself and your authorised beneficiaries, who would be entitled to receive the Services / Products ("Beneficiary") as prompted by the registration form ("Registration Data") on www.saharacarehouse.com; and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete or SCH has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SCH has the right to suspend or terminate this Agreement and refuse any and all current or future use of any Service.

(e) Furthermore, You grant SCH the right to disclose to third parties certain Registration Data (to the extent necessary for the purpose of carrying out the Service) about yourself in the aggregate; however, such disclosures shall exclude your mailing address, email address, account and phone number, unless: (1) You expressly direct SCH, or any other person to disclose such information through the Service; or (2) In case SCH is required to disclose such information under any applicable law or legal process served on SCH, SCH shall notify You of such disclosure. 

4. ELECTRONIC COMMUNICATIONS

When You visit www.saharacarehouse.com or send emails to SCH, You agree and understand that You are communicating with SCH electronically and consent to receive communications from SCH electronically. SCH shall communicate with You through email or by posting notices on www.saharacarehouse.com.  You agree that all agreements, notices, disclosures and other communications that SCH provides to You electronically shall be sufficient and shall be binding between SCH and You as to the subject matter thereof.

5. TERMS OF EXTENDED SERVICE

It is specifically agreed by You and SCH that in case of Services / Products which spread/extend over a period of time, e.g. healthcare Services / Products, You via using the SCH service shall at first provide the details (name, age, sex, address etc.) of Beneficiary, who would avail such Service. SCH shall identify and confirm the identity of the Beneficiary with You. After that, SCH shall by authorizing its designated official issue an authority letter along with an identity card ("ID") to the Beneficiary. To avail of the Services / Products, the Beneficiary shall be required to produce the ID to the Service Provider each time the Beneficiary wishes to avail the Service.

By requesting for the Service, You authorize and grant unconditional right to the Beneficiary to avail of the Service and such authorization shall continue till the time it is withdrawn by written notice by You to SCH. It is clarified that in case Beneficiary is a dependent/minor the Guest can make a request for delivery of Services to such Beneficiary through a legal guardian or parents who are designated as "authorised guardians" of such Beneficiary by the Guest; provided that such request is not in relation to any Services / Products or sale or purchase of products which cannot be availed or purchased by a minor.

You agree that such authorization granted by You to the Beneficiary at the time of registration/request for the Services shall be sufficient enough and that no specific authorization is required from You in case a request for delivery of Service is made by the Beneficiary. You are and shall remain solely responsible for the tasks, requests and contents of transmissions through the Service made by the Beneficiary. The use of any of the Services by the Beneficiary is subject to all applicable local, state, national and international laws rules and regulations. 

It is clarified that minors are not eligible to request for Services and SCH requests that minors (under the age of 18) do not submit any personal information on www.saharacarehouse.com. If a Service request is to be made for benefit of a minor, such request must be made by the legal guardian or parents who are designated as Beneficiaries by the Guest provided that such request is not in relation to any Service or sale or purchase of products which cannot be availed or purchased by a minor. 

FURTHER IN RESPECT OF ANY SERVICES / PRODUCTS THAT ARE SPREAD OVER A PERIOD OF TIME, YOU SHALL BE REQUIRED AT ALL TIMES TO MAKE ON ACCOUNT PAYMENTS IN ADVANCE TO ENSURE THAT YOU OR THE BENEFICIARY AVAIL SUCH SERVICES / PRODUCTS WITHOUT ANY HINDERANCE OR DELAY WHATSOEVER.  IN THE EVENT THAT ON ACCOUNT PAYMENT IS NOT SUFFICIENT TO COVER THE EXPENSES FOR A PARTICULAR SERVICE, SCH RESERVES THE RIGHT AT ITS SOLE DISCRETION TO DELAY THE PROVISION OF THE SERVICE OR NOT PROVIDE THE SERVICE TO YOU OR THE BENEFICIARY. 
8. SCH'S PRIVACY POLICY 

(a) Registration details and certain other information about You are subject to SCH's privacy policy posted on www.saharacarehouse.com. 

(b) SCH is committed to protect your privacy.  Therefore, in addition to the privacy of the Registration Data, SCH shall not monitor, edit, or disclose the contents of you private communications with SCH unless required to do so under applicable law or in the good faith belief that such an action is necessary to: (1) comply with applicable legal, regulatory, or administrative requirements including to conform to applicable law or comply with any legal process served on SCH; (2) protect and defend this Agreement or any property of SCH; or (3) take necessary action to protect your personal safety.  

(c) You acknowledge and agree that SCH neither endorses the contents of any of your communications nor assumes responsibility whatsoever for any agreement arising there from or any crime facilitated thereby or any crime constituted thereby.

(d) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT UNDER APPLICABLE LAW ANY COMMUNICATION CONTAINING ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL AND/OR ANY INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, MAY BE PUNISHABLE AND CONSIDERED OFFENCES AND YOU SHALL SOLELY REMAIN LIABLE FOR SUCH OFFENCES.  FURTHER, YOU UNDERTAKE TO DEFEND, INDEMNIFY AND HOLD SCH HARMLESS FROM AND AGAINST ALL CLAIMS, LOSSES, COSTS, LIABILITIES, DAMAGES OR DEFICIENCIES RESULTING FROM THE SAME.

For more information see the text of SCH's privacy policy at www.saharacarehouse.com.

9. YOUR ACCOUNT, PASSWORD AND SECURITY

(a) Upon completion of the registration process, You shall receive a user id and password. You shall at all times be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur under your password or user id.

(b) You shall immediately notify SCH of any unauthorized use of your password or user id and to ensure that You log off at the end of each session. SCH shall not be responsible for any, direct or indirect, loss or damage arising out of your failure to comply with this requirement.

10. BREACH
(a) Without limiting other remedies available to it under this Agreement, the TOS or under applicable law, SCH may limit your activity, or end your listing, warn other beneficiaries of your actions, immediately temporarily/indefinitely suspend or terminate this Agreement , and/or refuse to provide You with access to www.saharacarehouse.com if: 
(i) You breach this Agreement, the TOS including Amendments and/or the documents it incorporates by reference; 
(ii) SCH is unable to verify or authenticate any information that You provide; or 
(iii) SCH believes that your actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for You, other Guest  of www.saharacarehouse.com and/or SCH including its affiliates associates and group companies..
(b) SCH may at any time at its sole discretion reinstate or suspend Guests. Once You have been indefinitely suspended You may not register or attempt to register with SCH or use www.saharacarehouse.com in any manner whatsoever until such time that You are reinstated by SCH.  Notwithstanding the foregoing, if You breach this Agreement, the TOS or the documents it incorporates by reference, SCH reserves the right to recover any amounts due and owing by You to SCH and to take strict legal action as SCH deems necessary.

11. DISCLAIMER OF WARRANTIES

IN ADDITION TO THE SPECIFIC DISCLAIMERS AS MAY BE CONTAINED IN A TOS WITH RESPECT TO ANY SERVICE PROPOSED TO BE AVAILED BY YOU, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

   (a) NOTWITHSTANDING ANYTHING CONTAINED HEREIN OR IN THE APPLICABLE TOS, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SCH ACTS ONLY AS FACILITATING PARTY TO LIAISE/INTEGRATE TRANSACTIONS BETWEEN YOU AND THE VARIOUS SERVICE / PRODUCTS PROVIDERS THROUGH SEVERAL PLATFORMS (INCLUDING, ONLINE WEB STORE, CALL CENTRE, MAIL ORDER CATALOGUES, SHORT MESSAGING SERVICE. ETC.,) IN RELATION TO THE SERVICES / PRODUCTS AND SCH SHALL IN NO WAY BE RESPONSIBLE FOR ANY DEFICIENCY OR WANT IN THE QUALITY OF SERVICE AND / OR PRODUCTS , DAMAGES, LOSSES, EXPENSES AND/OR TAXES INCURRED BY YOU IN RELATION THEREOF. IN NO EVENT SHALL SCH, ITS DIRECTORS, OFFICIALS, REPRESENTATIVES AND EMPLOYEES BE LIABLE FOR ANY DAMAGES RELATING TO THE SERVICES / PRODUCTS PROVIDED BY THE VARIOUS SERVICE / PRODUCTS PROVIDERS TO YOU.  IN THE EVENT OF A MATERIAL OR FUNDAMENTAL BREACH BY SCH OF THE TERMS HEREOF, SCH'S LIABILITY SHALL BE UP TO AND SHALL IN NO EVENT EXCEED THE AMOUNT OF SERVICE CHARGE & VENDOR TASK FEE, IF ANY, RECEIVED BY SCH FROM YOU.  IT IS FURTHER CLARIFIED THAT ANY LOSS OR DAMAGE BEYOND THE AMOUNT OF SUCH SERVICE CHARGE AND VENDOR TASK FEE, IF ANY, SHALL BE DEEMED AS A CLEAR WAIVER BY YOU. 

(b) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES / PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(c) SCH MAKES NO WARRANTY THAT (i) THE SERVICES / PRODUCTS  SHALL MEET YOUR REQUIREMENTS, (ii) THE SERVICES / PRODUCTS  SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES / PRODUCTS SHALL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES / PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES / PRODUCTS SHALL MEET YOUR EXPECTATIONS.

(d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES / PRODUCTS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCH OR FROM THE SERVICES / PRODUCTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

(f) SCH SHALL NOT BE LIABLE FOR ANY DELAY IN PROVIDING SERVICES / PRODUCTS BY THE RELEVANT SERVICE PROVIDER, FOR ANY REASON WHATSOEVER INCLUDING (BUT NOT LIMITED TO) FLOODS, FIRE, WARS, EMERGENCY, TERRORISM, INSURGENCY, RIOTS, COMMUNAL TENSIONS, BLOCKADES, STRIKES, LOCK OUTS, ACTS OF GOD OR ANY OTHER EVENTS NOT WITHIN THE REASONABLE CONTROL OF SCH.

12. LIMITATION OF LIABILITY

NOTWITHSTANDING  ANYTHING CONTRARY CONTAINED IN ANY OTHER  LAW FOR THE TIME BEING IN FORCE  THE LIABILITY OF SCH  SHALL BE LIMITED ONLY TO THE TERMS MENTIONED BELOW: 

NEITHER SCH NOR ITS ASSOCIATES, AFFILIATES OR GROUP COMPANIES/FIRMS SHALL BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY OTHER DAMAGES ARISING UNDER SECTION 67 OF THE INFORMATION TECHNOLOGY ACT, 2000 RESULTING FROM : (1) THE USE OR THE INABILITY TO USE THE SERVICES / PRODUCTS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES / PRODUCTS OR RESULTING FROM ANY GOODS, INFORMATION OR SERVICES / PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES / PRODUCTS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) ANY OTHER MATTER RELATING TO THE SERVICES / PRODUCTS 

THESE LIMITATIONS, DISCLAIMER OF WARRANTIES AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

13. YOUR CONDUCT

(a) YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR THE TASKS, REQUESTS AND CONTENTS OF YOUR TRANSMISSIONS THROUGH THE SERVICES / PRODUCTS. YOUR USE OF THE SERVICES / PRODUCTS IS SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS RULES AND REGULATIONS.

(b) You agree to comply with any applicable law(s) regarding the transmission of data exported from your country through the Services / Products and not to use the Services / Products for illegal purposes.

(c) You agree not to use www.saharacarehouse.com or the Services / Products to:

(i) impersonate any person or entity or falsely misrepresent your affiliation with a person or entity;

(ii) upload, mail, post or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary or similar rights;

(iii) upload, mail, post or otherwise make available any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files,  or any other similar software or computer file or programme designed to interrupt, destroy or limit the functionality of any computer hardware or software or any other equipment;

(iv) interfere with or disrupt the Services / Products or server or networks connected to the Services / Products, or fail to follow any requirement, policy or regulation of networks connected to the Services / Products; and

(v) collect, store or transmit personal data about other Guests in connection with the prohibited conduct and activities under the applicable laws.
(vi) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated as a terrorist organization; 
(d) SCH may, at its own discretion, without any notice to You, terminate the Services / Products should your conduct/action fail to conform to the terms and conditions contained in this Agreement and the applicable TOS.
(e) In recognition of the global nature of Internet, You agree to comply with all local rules regarding online conduct and acceptable Content. You specifically agree to comply with all applicable laws regarding the transmission of technical data exported from your country of  residence or the country from which You make any communication in any manner whatsoever to SCH. 

14. INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SCH, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, OTHER PARTNERS, EMPLOYEES FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF A SERVICE, THE VIOLATION OF THIS AGREEMENT, TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER GUEST. 

15. NO RESALE OR COMMERCIAL USE OF A SERVICE

You agree and undertake not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service.

16  TERMINATION OF AGREEMENT AND SERVICES / PRODUCTS 

(a) Either You or SCH may terminate this Agreement and a Service with or without cause at any time to be effective immediately.

(b) You agree that SCH may under certain circumstances and without prior notice, immediately terminate your user id and access to the Services / Products . Causes for termination may include, but shall not be limited to, breach by You of this Agreement or the TOS, requests by enforcement or government agencies, requests by You, non-payment of fees owed by You in connection with a Service as specified in the applicable TOS.  

(c) This Agreement may be terminated by either You or SCH through a written notice to the other. SCH shall not be liable to You or any third party for termination of any Service.  Should You object to any terms and conditions of this Agreement, any TOS or any Amendments or become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue use of the Service; (2) terminate this Agreement; and (3) notify SCH of such termination.

Upon termination of the Services / Products, your right to use the Service and software shall immediately cease.  You shall have no right and SCH shall have no obligation thereafter to execute any of your uncompleted tasks or forward any unread or unsent messages to You or any third party. Once the Agreement or the Service is terminated, cancelled or suspended, any data You have stored relating to the Service may not be retrieved later.

17. NOTICES

All notices and communications (including those related to changes in the TOS, Amendments, Services / Products, termination of Services / Products etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:
(a) if to SCH, at services@saharacarehouse.com or at the address posted on  www.saharacarehouse.com.

(b) if You are a Guest, at the communication and/or email address specified in the registration form 

Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, (as the case may be) unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the e-mail address is invalid.
 
18. SCH'S PROPRIETARY RIGHTS

You agree and acknowledge that the Services / Products and any software used in connection with the Services / Products, content including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or e-mail-distributed, commercially produced information presented to You through the Services / Products ("Content") on www.saharacarehouse.com or by advertisers on www.saharacarehouse.com, is protected by copyright agreement, trademarks, service marks, patents or other proprietary rights, agreements and applicable laws. Except as expressly authorized by SCH or the advertiser, You agree not to modify, copy, reproduce, sell, distribute, or create derivative works based on the Services / Products, the Content or the software, in whole or in part.

19. AGENCY

YOU AGREE THAT NONE OF THE PROVISIONS OF THIS AGREEMENT OR THE APPLICABLE TOS SHALL BE DEEMED TO CONSTITUTE AN AGENCY BETWEEN YOU AND SCH.  YOU SHALL NOT HAVE THE AUTHORITY TO BIND SCH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARENT AND/OR SUBSIDIARIES IN ANY MANNER WHATSOEVER. SCH ACTS ONLY AS An Order Booking Agent AND ALL TRANSACTIONS BETWEEN YOU AND THE RELEVANT SERVICE PROVIDER SHALL BE SOLELY AT THE DISCRETION OF THE CONCERNED PARTIES.

20. ARBITRATION

Any dispute, controversy, claims and /or discrepancies arising out of or concerned with this Agreement shall be referred for adjudication to a Sole Arbitrator to be appointed by SCH. The Sole Arbitrator shall follow the procedure as provided under the (Indian) Arbitration & Conciliation Act, 1996 as amended from time to time and the award by the Sole Arbitrator shall be final & binding upon both the parties. The seat of Sole Arbitrator shall be at Gurgaon, Haryana, India, and all proceedings shall be conducted in English.

22. GOVERNING LAW

(a) This TOS shall be governed by and constructed in accordance with the laws of India without reference to conflict of law principles.  

(b) Subject to the Arbitration Clause above, the Courts of competent jurisdiction at Gurgaon, Haryana, India only shall have exclusive jurisdiction over the subject matter. 

(c) If any provisions(s) of this TOS is held by a court of competent jurisdiction to be contrary to applicable law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

(d) SCH's failure to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SCH in writing.

(e) The section titles in this TOS are solely used for the convenience of the parties and shall not be taken into account for the purposes of interpretation or construction.

(f) If any term or provision of this Agreement or the application to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be, held invalid.