Terms and Conditions

Areawala official services

There are two part of “Terms and Conditions” i.e. Areawala Services TC and Affiliate Program Terms of Service

Areawala Term and conditions

In this Agreement, the defined terms listed below shall have the following meanings:

Additional Subscription Period(s) – the time period(s) for which you continue to subscribe for Services after your Minimum Term has expired, and which shall have the same duration as your Minimum Term

Affiliates – any entity that directly or indirectly controls, is controlled by, or is under common control with another entity

Company Website – means a website that promotes your services and may be licensed to you by Areawala as part of the Paid For Services

Domain Name – any domain name that may be offered to you as part of the Services

Intellectual Property Rights – patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world

Leads – any third party who contacts you as a result of the Services by any channel which may include, without limitation, telephone calls, SMS, emails and booking requests on the Company Website, irrespective of whether such enquiries result in purchases

Minimum Term – the minimum length of time that you have agreed to purchase the Services as set out on the Order Summary

Subscription Period(s) – after your Minimum Term has finished, unless otherwise notified to you in your Order Form, your Services will be provided on a monthly basis from the day after the Minimum Term finishes. So if your Minimum Term finishes on the 6th January, your Subscription Period will run from the 7th of January until the 6th February and continue monthly until you cancel

Order Summary – the Order Summary that was emailed to you which explains the package you have subscribed for, the price, the Start Date and the Minimum Term

Other Digital Accounts – any third party accounts that may be managed by Areawala as part of any Services, including (but not limited to) Google My Business, Facebook for Business, Bing, Google AdWords, Facebook advertising and Bing Ads

Services – includes any services which are provided to you by Areawala as set out in your Order Summary, which may include, without limitation, the building and hosting of your Company Website, provision of content on the Company Website, the Domain Name and any content created by Areawala for Other Digital Accounts

Referral Credit – any credit that may be applied to your account for recommending third parties who use the Services

Service Provider – a third party business that is promoting its products or services on the Areawala Platform

Start Date – the date at which your Services start, which shall be the date specified on the Order Summary

Areawala Platform – the technology platform owned by Areawala and its licensors that provides all Areawala managed websites and applications, including, if applicable, your Company Website, and enables the management of such websites

User Data – personal data (as defined in the The (Indian) Information Technology Act, 2000) that is collected on the Areawala Platform from end users

  1. SERVICES
    1.1 Areawala agrees to provide you with access to any Services, as set out in the Order Summary, subject to the terms of this Agreement.

1.2 Unless you are on our free Starter Plan, you agree to pay for the Services from the Start Date for the Minimum Term at the rate set out in the Order Summary. In the case of an annual plan, you agree to pay for the Services from the Start Date for the Minimum Term of one year. The Services provided are customised to meet your requirements and Areawala will not provide any refunds unless the Services are not provided in accordance with this Agreement.

1.3 At the end of the Minimum Term, any Services that you pay for will automatically renew for Additional Subscription Periods until you provide notice to terminate in accordance with clause 1.4.

1.4 You can cancel or downgrade any Services at the end of the Minimum Term or any then current Additional Subscription Period before such period is due to expire. You must request to cancel or downgrade via the link on the Subscriptions page of your Areawala Business Hub. Cancellation requests submitted via email will not be honoured. You are not entitled to cancel or downgrade any Services before the end of the Minimum Term or any then current Additional Subscription Period due to a change in your circumstances.

1.5 You are able to add additional Services or upgrade at any time through Areawala Customer Care. Please contact team [at] areawala[dot] in for more information. If you would like to transfer an existing domain name to Areawala then this can be managed as an additional service, subject to payment of a fee.

1.6 We may adjust the price of the Services at any time after the expiry of your Minimum Term on 1 month’s written notice.

1.7 If you qualify for a Referral Credit, you will be notified of the details of your credit by email and this will be applied to your next Subscription Period.If you cancel the Services before the Referral Credit has been applied then the Referral Credit shall automatically expire.

1.8 All payments are processed by third payment processors including Paypal, Stripe and its their global affiliates.We do not hold any credit or debit card details.You agree to provide our third party payment processors with valid credit or debit card details and authorise them to store your information in accordance with their privacy policies and bill you according to the payment terms set out in your Order Summary and thereafter at the start of each Subscription Period or for other Services that you may purchase from Areawala.

1.9 If you fail to pay any charges when they fall due or request to cancel your account before the expiry of your Minimum Term then the total amount payable for the full duration of the Minimum Term will become immediately payable and we may suspend the provision of any Services until such monies are received. Interest will be charged on overdue payments at an annual rate equal to 8% over base rate.

1.10 All prices quoted are exclusive of anysales taxes.

1.11 Areawala may alter the Services from time to time. If such changes materially reduce their functionality, Areawala will notify you by email and you may provide notice within 30 days of the notification to cancel the Services with immediate effect, even if you are still within the Minimum Term.

1.12 The Start Date for the Services is the date you placed your order and you will be liable to pay for any Services as set out in your Order Form from the Start Date, whether or not you have provided Areawala with all the required information to set up the Services.

1.13 Invoices will be stored electronically on www.areawala.com/services. You can view and download these at any time from your Business Hub or we can email you invoices on request.

1.14 If you have signed up to a promotional offer (as stated on your Order Summary) then this shall be subject to any payment terms and restrictions as stated on your Order Summary. Areawala reserves the right to limit Promotional Offers to any businesses or categories of business at its discretion and to withdraw any promotional offers without notice.

1.15 Areawala cannot guarantee that the Domain Name that you would like to purchase will be available through Areawala. If you have secured a Domain Name from Areawala then you must ensure that you pay any renewal fees to Areawala promptly to avoid losing the Domain Name.

  1. LICENCE
    2.1 You grant Areawala and our affiliates a non-exclusive, worldwide, perpetual, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process any content:

2.1.1 you upload to the Areawala Platform; or

2.1.2 that you have uploaded to other websites, such as Facebook, Google My Business and Yelp (and you hereby provide your consent to Areawala utilising your content from such websites for the sole purpose of providing the Services); and

2.1.3 relating to your business on the Areawala Platform.

2.2 If you are paying for Services, you also grant Areawala a licence to manage your Other Digital Accounts for the purposes of promoting your business and to act as an agent on your behalf in binding you to the terms and conditions of your Other Digital Accounts. Such licence and agency relationship will continue after termination of this Agreement until you have assumed ownership of such accounts or they have been deleted by Areawala pursuant to clause 9.6. You confirm that you will comply with the terms of use of all Other Digital Accounts that we set up on your behalf and manage for you as part of theServices. You acknowledge that, where we manage your Other Digital Accounts, the content published on such platforms is managed by third parties and maybe outside of the control of Areawala.

2.3 If you are paying for Services, Areawala may licence you a Company Website and / or a Domain Name. Areawala is the registrant of the Domain Name.

2.4 If you are paying for Services and you have signed up to listings management as part of the Services (as stated in your Order Summary), you confirm that your listings information (i) does not contain any viruses, spyware or other harmful code or materials, (ii) constitutes a “primary” source of the information, i.e. that you have officially approved it as the authorized representative of the location, and (iii) is current and accurate.

  1. WARRANTIES
    3.1 You make the following warranties to Areawala:

3.1.1 you are at least 18 years of age and have the right to enter into this Agreement;

3.1.2 you will not attempt to circumvent security, reverse engineer or interfere with the proper working of the Areawala Platform or Other Digital Accounts;

3.1.3 you will keep any password to access the Areawala Platform secure and be responsible for any unauthorised access as a result of a third party obtaining your password;

3.1.4 any content you upload to Areawala and your use of any Domain Name shall not be defamatory, indecent or illegal or breach the Intellectual Property Rights of any third party and shall be accurate and up-to-date and in accordance with all applicable legal obligations;

3.1.5 other than in relation to any Services that you have purchased, you will not use the Areawala Platform for commercial purposes;

3.1.6 you will not abuse the booking system of Service Providers available on the Areawala Platform;

3.1.7 you will ensure that all User Data made available to you from your Company Website is stored and managed in accordance with all applicable data protection laws and our Privacy Policy .

3.1.8 you will not sell or licence, or attempt to sell or licence, access to the Areawala Platform or Services without our written consent; and

3.1.9 you have the legal right to set up an account for the business that you are representing.

  1. INDEMNITY FROM CUSTOMER
    4.1 You shall defend, indemnify and hold harmless Areawala against any claims, actions, proceedings, losses, damages, expenses and costs (including, without limitation, court costs and reasonable legal fees) arising out of or in connection with your use of the Areawala Platform, any Services including, without limitation, any Domain Name, or your breach of the warranties set out in clause 3 of this Agreement.
  2. DISCLAIMER
    5.1 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER Areawala OR ITS AFFILIATES OR SUPPLIERS MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE Areawala PLATFORM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR NON – INFRINGEMENT.Areawala CANNOT BE RESPONSIBLE FOR THE QUALITY OF THE LEADS YOU RECEIVE THROUGH THE PAID SERVICES OR WHAT PROPORTION WILL CONVERT TO PAYING CUSTOMERS. REFUNDS WILL NOT BE PROVIDED IN THE EVENT THAT THE NUMBER OR QUALITY OF LEADS YOU RECEIVE THROUGH THE PAID SERVICES DOES NOT MEET YOUR EXPECTATIONS.

5.2 Areawala cannot guarantee the continuous, uninterrupted or error – free operability of the Areawala Platform or that it will be free from computer viruses or similar threats.There may be times when some or all features of the Areawala Platform become unavailable(whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by Areawala, in Areawala’s sole discretion, without notice.Areawala will not be liable to you or any third party for any unavailability, modification, suspension of any elements of the Areawala Platform or for any loss or damage as a result of computer viruses or similar threats.

5.3 Areawala takes all appropriate measures to ensure that the content on the Areawala Platform is accurate, complete, legal and not misleading or offensive. However, we do not review content provided by users and are not responsible for such content. If you come across any content that breaches these principles, please notify us by writing to us at [email protected] . We reserve the right to remove or edit any content at any time without notice.

5.4 You are responsible for deciding if you want to access third party sites that link from the Areawala Platform. Third party sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Areawala is not responsible for third party sites and you should use them at your own risk.

5.5 Areawala may require access to your Other Digital Accounts on your behalf in order to provide certain Services. You acknowledge that you have separate agreements with the service providers managing your Other Digital Accounts and you are solely liable under such agreements. Areawala does not accept any responsibility or liability for their platforms, features, terms or policies, or the accuracy of any content relating to your business that may be available on their sites.

  1. CAP ON LIABILITY
    6.1 Nothing in this agreement excludes Areawala’s liability to you for death or personal injury caused by Areawala’s negligence or for fraud or fraudulent misrepresentation.

6.2 Subject to clause 6.1, Areawala shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential losses, or for any loss of profit (including by way of example and without limitation, loss of profit a result of your business not showing on a search engine), loss of revenue, contracts, data, goodwill or other similar losses, arising under or in connection with your use of the Areawala Platform or any Services.

6.3 Subject to clause 6.1, Areawala’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the total amount paid by you for any Services during the 12 months immediately preceding the date on which the claim arose.

  1. BOOKING SERVICES & CUSTOM MESSAGES
    7.1 If you use the Areawala Platform to request a booking with or to send a message to a Service Provider then your contact details will be passed to the Service Provider in accordance with our Privacy Policy .

7.2 Any goods or services that you may agree to purchase from a Service Provider (including via a payment link on the Areawala Platform) are agreed directly between you and the Service Provider and you will make any payments to the Service Provider or its payment processor directly. Areawala is not responsible or liable to you for such goods or services.

7.3 You should check all details and any restrictions relating to goods and services before making a booking request or a purchase and ensure that you notify the Service Provider of any conditions that might be relevant to the provision of the services.

7.4 All services listed on the Areawala Platform are subject to the availability of the Service Provider. Price information listed may be inaccurate and you should confirm this directly with the Service Provider prior to booking any services or purchasing any goods.

7.5 You should contact the Service Provider directly if you have any complaints regarding the services provided to you.

  1. DATA PROTECTION
    8.1 The management and use of all User Data is governed by our Privacy Policy .

8.2 Subject to clause 8.1, Areawala shall own all User Data and may use it for any purpose set out in our Privacy Policy notwithstanding the termination of this Agreement for any reason. Areawala gives you the right to use User Data collected via your Company Website to the extent needed for you to provide your goods and services.

  1. TERMINATION
    Subject to clause 9.2 below, either party may terminate this Agreement on 1 month’s written notice to the other.

9.1 Clause 9.1 shall only apply where you have not purchased Services or where you have purchased Services but the Minimum Term will have expired within 1 month of serving notice to terminate.

9.2 Areawala reserves the right to cease providing Services to you with immediate effect if it considers, in its sole discretion, that you are acting in violation of its policies or the products or services offered on your Company Website are not supported by Areawala. Either party may terminate this Agreement with immediate effect if: (i) the other party is in material breach of the Agreement; or (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days.

9.3 If the Services are cancelled by either party or this agreement is terminated then the rights and licences granted to you under this Agreement, including your licence to the Company Webpage and the Domain Name, will be terminated with immediate effect.

9.4 Prior to the termination of this Agreement, you may elect for the registration of the Domain Name to be transferred to you, subject to payment to Areawala of a transfer fee.

9.5 In the event that we are managing your Other Digital Accounts as part of any Services, on termination we may, at our discretion, either delete such accounts,transfer them to you, or leave them as is.

  1. MISCELLANEOUS
    10.1 Areawala may revise this Agreement from time to time. The most current version will always be posted on our website. Any material changes will be notified to you by email if you have a Areawala account.

10.2 This Agreement, including the Order Summary, supersedes any prior agreements between us and constitutes the entire Agreement related to this subject matter. If there is a conflict between this Agreement and the Order Summary, the Order Summary shall take priority.

10.3 If you have any questions or issues with this Agreement or the quality of your Services please contact Areawala at [email protected] or through the notice procedures in clause 10.7.

10.4 Areawala will not be liable for inadequate performance to the extent caused by a condition that was beyond its reasonable control (for example natural disaster, act of war or terrorism, riot, labour condition, governmental action and Internet disturbance).

10.5 The terms and conditions of this Agreement including the price of any Services, will be considered the confidential information of Areawala, and you will not disclose this information to any third parties.

10.6 You may not assign or transfer this Agreement or any rights or obligations under this Agreement without Areawala’s written consent. Areawala may assign this Agreement or any rights or obligations under this Agreement to an Affiliate or in connection with a merger, acquisition, corporate reorganisation or sale.

10.7 Notices can be sent by email to areawala [at] gmail [dot] com

10.8 Unenforceable provisions will be modified to reflect the parties’ intention and only to the extent necessary to make them enforceable, and the remaining provisions of the Agreement will remain in full effect.

10.9 If Areawala fails to enforce, or delay in enforcing, any of Areawala’s rights under these terms, that does not result in a waiver of the rights concerned.

10.10 No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this Agreement.

10.11 This Agreement is governed by Indian law and subject to the exclusive jurisdiction of the courts of Delhi (India).


Affiliate Program Terms of Service

Agreement

By signing up to be an Affiliate in the Areawala official services Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Areawala official services reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Account Terms

  • You must be 18 years or older to be part of this Program.
  • You must live in India to become an Affiliate.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. Areawala official services cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not use the Affiliate Program to earn money on your own Areawala official services product accounts.
  • Areawala Official Services will give bonus for every Unique Click Per IP addresss. You may not click on your own affiliate link. Any illegal/spam or repetitive click will discard.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Areawala official services. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Areawala official services. You must ensure that each of the links between your site and the Areawala official services properly utilizes such special link formats. Links to the Areawala official services placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Areawala official services product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://areawala.com/services and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you’ve earned more than Rs. 2,000/- in affiliate income. If your affiliate account never crosses the Rs. 2000 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the Rs. 2000 threshold.

Identifying yourself as a Areawala official services Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Areawala official services or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule

As long as your current affiliate earning are over Rs. 2000, you’ll be paid each month. If you haven’t earned Rs. 2000 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://areawala.com/services, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Areawala official services reserves the right to end the Program at any time. Upon program termination, Areawala official services will pay any outstanding earnings accrued above Rs. 2000.

Termination

Areawala official services, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Areawala official services reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Areawala official services will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of The India, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of Areawala official services to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Areawala official services and govern your use of the Service, superceding any prior agreements between you and Areawala official services (including, but not limited to, any prior versions of the Terms of Service).