THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. SEE SECTION 12 FOR ADDITIONAL INFORMATION.

1. Eligibility to Use the Services

To access or use the services, you must be at least 18 years of age or the age of majority in your jurisdiction, if older, and not prohibited from doing so by applicable law. You may not use the services if we’ve terminated your account(s) or banned you.

2. BizRakShak Services Accounts

2.1 Accounts And Profiles 

You must create an account and provide certain personal data to access most of our services. 

• You agree that the information you provide to us via your account(s) is accurate and that you will keep it accurate and up-to-date at all times. 
• You’re responsible for safeguarding your account(s), and you accept responsibility for all activities that occur via your account(s). BizRakShak disclaims any liability for third-party actions made via your account(s). You agree to notify us immediately if you suspect any unauthorized use of your account(s) or access to your password(s). 
• In order to provide you with access to features across our services, we may create and link different services’ accounts for you.

When you set up an account to access the services, we create a profile for you that will include personal data you provide (a “Profile”). 

• We may update your Profile with information we obtain from third parties. We may also use personal data you provide to us via our other services. You can read more about how we collect and process your data in our Privacy Policy.
• We may attempt to verify your profile information or status through various methods, including third party integrations or services. We may also utilise signals we receive from your current or former business associates. BizRakShak is not responsible to you or any third party if we are unable to or inaccurately verify your business history or status.
• Portions of your Profile may be visible to other users and the public (e.g., your name, profile picture etc.) depending on the services you use. We may also in certain circumstances allow you to share your Profile with third parties or provide you with the ability to change your Profile’s visibility settings. However, your Profile will not publicly include or link to Your Content (as defined in section 3), which you submit semi-/anonymously to our services. You can read more about your anonymity options in section 4 of these Terms and in our Privacy Policy.

2.2 Communications 

By creating an account, you agree to accept and receive communications from BizRakShak, BizRakShak affiliates, and our third-party service providers.

For the purposes of these Terms, “affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control of or with BizRakShak, now or in the future. “Control” for these purposes means having a majority of shares or the right and ability to direct management. 

These communications may be via email, text message, calls, push notifications, or otherwise. You understand and agree that you may receive communications generated by automatic telephone dialing systems delivering pre-recorded messages sent by or on behalf of BizRakShak, its affiliates, and/or our third-party service providers, including communications concerning your account(s), our services, and services offered by our affiliates. Message and data rates may apply. 

• To opt out of receiving text messages, you must message “STOP” from the device receiving the messages. 
• To unsubscribe from non-service-related emails, please email unsubscribe request to contact@bizrakshak.com. If you unsubscribe only from an individual type of email communication (e.g., a particular job alert), you will continue to receive other types of emails. We may also offer a settings function via our services to manage your email preferences.
• To turn off push notifications, use in-app and/or operating system settings on your device. 

Unless you choose to delete your account(s), you cannot unsubscribe from certain communications that are required as part of your use of our services (e.g., communications about changes to these Terms.)

3. Content on BizRakShak Services

“Content” means any work of authorship or information, including but not limited to photos, logos, advertisements, comments, opinions, postings, resumes, salaries, messages, questions, text, files, images, works of authorship, e-mail, data, audio, video, or other materials. 

3.1 Rights to Your Content

You are solely responsible for your use of the services and any Content you authorize for use on the services, or which is submitted via your account (“Your Content”). 

We do not claim ownership in Your Content that you submit or authorise for use to the services, but you grant us the rights to use Your Content as set forth below. By submitting or authorising us to display Your Content, you hereby grant to us a worldwide, unrestricted, irrevocable, perpetual, non-exclusive, fully-paid, and royalty-free license (with the right to sublicense through unlimited levels of sublicenses) to use, reproduce, copy, process, modify, publish, translate, transmit, perform, display, create derivative works of, adapt, and distribute Your Content in any and all media (now known or later developed) throughout the world and display your name, images, likeness, voice, video, and any such other Content that you submit, link, or otherwise make available through the services, throughout the world in any manner or media, on or off the services including for purposes of promoting our services. 

• To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to BizRakShak’s exercise of this license. 
• You agree that this license includes the right for us to provide, promote, and improve the services and to make Content submitted to or through the services available to other companies, organisations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such Content on other media and services, subject to our terms and conditions for such Content use. 
• No compensation will be paid with respect to Content that you submit through the services. 
• Some of the live audio/video events hosted on or through the services may be recorded. By using the services and attending/participating in such audio/video events you agree to any such recordings and agree that all rights, titles, and interests in such recordings will vest in BizRakShak.
• You should only submit Content to the services that you are comfortable sharing with others under these Terms.

By submitting ideas, suggestions, documents, feedback, and/or proposals, (collectively, “Submissions”) to BizRakShak or its employees or agents, you acknowledge and agree that BizRakShak is entitled to use, disclose, reproduce, license and otherwise distribute, and exploit these Submissions as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

3.2 Your Limited Rights to Content

The services contain Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary and intellectual property rights in the Content we each provide and BizRakShak owns and retains all rights in the services. If you’re an authorised user, we hereby grant you a limited, revocable, non-transferable, non-sublicensable license under the rights licensable by us to use the services and use Content from our services solely for your personal use in connection with the services. Except as provided in this section, you agree not to: 

• reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt, or create derivative works based on the services or the Content (excluding Your Content); or 
• rent, lease, loan, or sell access to the services.

The trademarks, logos, and service marks (“Marks”) displayed on the services are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark. BizRakShak reserves all rights not expressly granted in these Terms.

3.3 Content on the Services 

Content from BizRakShak, as well as users, advertisers, and other third parties is made available to you through the services.  You understand and agree that:

1. The services may contain or link to sponsored third-party Content or ads. The type, degree, and targeting of ads are subject to change, and you acknowledge and agree that we may place ads in connection with the display of any Content or information on the services, including Your Content.
2. We are not responsible for, and do not endorse, any third-party Content, including linked content, ads and information about third-party products and services, job ads, the employer and salary-related information provided by others, or the opinions of any third party, including panelists, group leaders, or other users, including those involved in audio or video events, or translations, transcriptions, or captions of any Content;
3. We make no guarantees about the accuracy, currency, suitability, reliability, or quality of the information or Content on or linked to via our services, including translations, transcriptions, or captions; and
4. We assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.

In accordance with applicable laws in any jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on the services.

4. Your Use of the Services

4.1 Using BizRakShak Services

BizRakShak offers a variety of services that may change from time to time, at our sole discretion. 

• Whether or not you’ve set up an account on our services, if you use our services we may process your personal data. We describe how we may use your personal data in our Privacy Policy. This includes personal data we use to offer or provide our services to you, our customers, other users, and the public, as well as to manage and improve our services. We also collect and share personal data with third party service providers acting on our behalf, including providers of analytics services that may record or log your activities on our services, including text you enter, pages you visit, and features you interact with. By using our services, you agree to this data processing and sharing.

4.2 Anonymity And Identity On BizRakShak

Depending on the services you use, we may offer you different options for controlling how your personal data and identity are represented to other users, businesses, and the public.

• A portion of your Profile on our community and conversation services (e.g., Fishbowl and community and conversation features across our services) is always public. Therefore, your profile picture, company name, title, and other general information (but not including your semi-/anonymous Content submissions) will be visible to the public and available via search. Content submitted with semi-/anonymous identifiers such as your company name or job title is not associated with the publicly-visible portion of your Profile.
• When you submit Content such as a post, comment, or question, you may be able to control how you represent yourself using different anonymity options. For example, when using some of our services, you can choose to submit Content with your company name, your job title, or your full name. 
• When submitting other Content, such as reviews, you may be required to include certain personal data for public display, such as your name, your business’ name, and/or location. 
• In some settings, we may allow you to make your Profile visible to other members of the group so you can interact with them. 
• We endeavor to offer opportunities to use our services while preserving your anonymity, However, you acknowledge that BizRakShak cannot guarantee your anonymity as, depending on your specific situation and circumstances and the contents of your Content, even semi-/anonymous identifiers, such as company or job title, especially when paired with other information such as your location, may allow someone to identify you or narrow down your identity to a small group of people (e.g., employees in a particular department at your company). You should understand this risk before submitting Content to the services.

4.3 House Rules 

You represent and warrant that you will use the services solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and/or any third parties. 

• You are solely responsible for your use of the services and Your Content. 
• You agree that by submitting or authorising Your Content for use on the services, you have reviewed, understood, and agreed to adhere to BizRakShak Terms of Use. 
• You understand that you may expose yourself to liability if Your Content or use of the services violates applicable law or any third-party right.
• If you work for a multi-level marketing company, you agree that you will not use Bizrakshak for any multi-level marketing activites.
• If you choose to use the services to conduct a promotion, including a contest or sweepstakes (“Promotion”), you alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations. You and your Promotion must state that the Promotion is not sponsored by, endorsed by, or associated with BizRakShak or our services. You acknowledge and agree that we will not assist you in any way with your Promotion, and you agree to conduct your Promotion at your own risk. We reserve the right to restrict your use of the services to conduct Promotions.

We allow users to submit Content about their experiences dealing with their customers and suppliers when they engaged with them in business relations.

• We also allow users to submit Content regarding individuals that were customers or suppliers to the users
• We consider all users in these roles as ’reviewer’ with regard to Content submitted to BizRakShak services. 
• While we may provide the option for BizRakShak users to specify the category of their relation with reviewee when they submit Content (e.g customer, supplier), we may not consider this a requirement. It does not violate our Guidelines or these Terms for a reiviwer in any one of these roles to submit Content as an “reviewer.”

You agree that you will not:

1. Impersonate another person, or use their email address or phone number, or misrepresent your current or former affiliation with any other business or individual;
2. Create accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active accounts to submit Content or interact with other users;
3. Submit Content that you do not own or have the right to submit in accordance with the license set forth in these Terms;
4. Violate these Terms, the terms of your agreements with us, or any applicable law, rule, or regulation;
5. Submit Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and authentic experience;
6. Act in a manner that is harassing, trolling, threatening, abusive, racist, bigoted, or is otherwise objectionable (as solely determined by BizRakShak);
7. Promote, endorse, or further illegal activities;
8. Disclose information in violation of any legally enforceable confidentiality, non-disclosure, or other contractual restrictions or rights of any third party, including any current or former customer or supplier;
9. Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
10. Submit anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;
11. Solicit or submit minors’ personal data;
12. Except as expressly approved by us or as otherwise approved in these Terms, and subject to applicable laws, use the services for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
13. Imply a BizRakShak endorsement, sponsorship, or partnership of any kind without our express written permission;
14. Introduce software or automated agents to the services, or access the services so as to produce multiple accounts, generate automated messages, or to scrape, strip, or mine data from the services without our express written permission;
15. “Frame” or “mirror” or otherwise incorporate part of the services into any website, or “deep-link” to any portion of the services without our express written permission (except in instances where we make such functionality available via an API or formal embedding feature);
16. Copy, modify, or create derivative works of the services or any Content (excluding Your Content) without our express written permission;
17. Copy or use the information, Content (excluding Your Content), or data on the services in connection with a competitive service, as solely determined by BizRakShak;
18. Violate antitrust laws by engaging in anticompetitive conduct, such as sharing commercially sensitive information pursuant to an express or tacit agreement in restraint of trade;
19. Sell, resell, rent, lease, loan, trade, or otherwise monetise access to the services or any Content (excluding Your Content) without our express written permission;
20. Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of the services;
21. Interfere with, disrupt, or create an undue burden on the services or the networks or services connected to the services; and/or
22. Introduce any viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to the services; or attempt to circumvent any security feature of the services.

4.4 Actions We May Take

We may, at our sole discretion:

• Stop (permanently or temporarily) providing the services or any features within the services to you or to users generally.
• Create limits on use and storage at our sole discretion at any time. 
• Remove, refuse to distribute, or limit distribution or visibility of any Content on the services.
• Suspend or terminate users.

5. Special Provisions Applicable to Employers and Enterprise Customers.

5.1 Content on BizRakShak Services

You may not offer incentives in exchange for Content related to any company. You may not trade Content submissions with other users. We will remove Content where we believe that users were compensated to submit Content.

You may not coerce business associates to submit Content. Coercion includes asking them to provide proof that they submitted Content whether or not that proof includes the contents of the Content itself.

5.2 Communications With Users. 

We may inform a user when you have taken an action with respect to information, we or our affiliates have shared with you on behalf of that user, such as when you submit ratings and reviews of the user, view their profile on the services (or an affiliate’s services). When you view, store, or receive materials through your use of the services or an affiliate’s services, we may use such materials for data analysis, quality control, or to refine our services and services. We may also share with our users our observations based on such data analysis. For example, we may tell our users which businesses are more likely to view information submitted via the services, which businesses are active on the services, and how long on average certain aspects of the business process take for a given business. We may send out reminder emails. We may also send emails/sms/whatsapp messages to users on your behalf. You understand and agree that BizRakShak may take such actions.

5.3 Special Provisions Applicable to Advertisers

This provision applies to all advertisers, including businesses who purchase or post display ads. Unless we agree otherwise, you may not use or otherwise process data collected or derived from ads (“Ad Data”) for any purpose (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers’ campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users if you provide clear notice to and obtain applicable consent from those users and comply with all applicable laws and industry guidelines, including those applicable to data protection.

6. Enforcement by BizRakShak or Third Parties

6.1 Removal of Content 

While we have no obligation to do so, we reserve the right to review and remove any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies linked on the services, or that we deem, in our sole discretion, inappropriate. If you see any Content on the services that you believe violates our policies, you may report that Content by contacting us. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: our interpretation of our policies and the decision whether or not to remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.

6.2 Copyright Policy

Please see our Copyright Complaint Policy for information about copyright disputes.

6.3 Other Enforcement Actions 

While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from the services; suspending some or all of your rights to use the services; terminating your account(s); reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.

6.4 Disclosing User Personal Data & Defending our Users

You understand and agree that in certain circumstances we may disclose users’ personal data to third parties, such as when we are required to by law or valid legal process. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user’s identifying information or personal data. We make no guarantee or representation that we will seek to protect user anonymity or, if we elect to do so, that we will be successful.

7. Indemnity

You agree to defend, indemnify, and hold us and our affiliates and subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the “BizRakShak Group”) harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, made by any third party due to or otherwise arising from your use of the services, including due to or arising from your breach of any provision of these Terms, or related to you providing false information regarding your identity or employment history or status.

8. Disclaimers and Limitation on Liability

The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.

Any communications, including emails, texts, or notifications or messages corresponding with any activity on the services or any other communications service, product, or feature provided on or through the services, are provided solely as a courtesy. BizRakShak disclaims all warranties with regard to the transmission or storage of these courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent or received. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

BizRakShak assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any information, or Content you submit, send, view, or receive through the services.

You are solely responsible for your interactions with advertisers, businesses, and other users and we are not responsible for their activities, omissions, or other conduct, whether online or offline. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in Profiles) submitted to the services, whether caused by users or by any of the equipment or programming associated with or utilised in the services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any communication with advertisers, employers, or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on the services or combination thereof, including any injury or damage to users or to any person’s device related to or resulting from participation or downloading materials in connection with the services. Under no circumstances shall we be responsible for any loss or damage resulting from the use of the services or from any Content submitted to the services or transmitted to users, or any interactions between users of the services, whether online or offline.

THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE. WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

YOU HEREBY RELEASE THE BIZRAKSHAK GROUP FROM ANY AND ALL CLAIMS, DEMANDS, AND LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND THAT ARE EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISES FROM: (1) THE ACTIONS, CONTENT, OR DATA OF THIRD PARTIES (INCLUDING, ADVERTISERS, BUSINESSES, AND OTHER USERS) (2) YOUR PARTICIPATION IN ANY OFFLINE EVENTS.

BizRakShak reserves the right in its sole discretion to review, improve, modify, or discontinue, temporarily or permanently, the services and/or any features, information, services, materials, Content, or information on the services with or without notice to you. You agree that BizRakShak will not be liable to you or any third party for any modification or discontinuance of the service or any portion thereof.

IN NO EVENT SHALL THE BIZRAKSHAK GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE BIZRAKSHAK GROUP’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE THOUSAND INDIAN RUPEES (₹ 1000)

9. Termination

These Terms remain in effect while you use the services and, for registered users, as long as your account(s) remains open. You may delete your account(s) at any time. We may suspend or terminate your account(s) or your access to parts of the services, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account(s) or related deletion of your data.

All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of the services. For the avoidance of doubt, you agree that these Terms apply to your use of the services and any Content submitted on the services at any time prior to the termination or expiration of these Terms.

10. Changes to These Terms

We may revise these Terms from time to time by posting an updated version available via a link on the services. If we make a change that we believe materially reduces your rights or increases your responsibilities, we will notify you by communication (e.g., by email or text message sent to the e-mail address or phone number specified in your account) and/or by means of a notice on the services prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of the services is subject to the most current effective version of these Terms.

11. Pre-Suit Discovery & Analogous Procedures Or Applications

You agree to waive your right to file a pre-suit discovery proceeding (or any equivalent procedure in any jurisdictions) seeking a user’s identifying information from BizRakShak. If you intend to propound discovery seeking a user’s identifying information, you agree to do so pursuant to a valid subpoena, properly issued in connection with an active lawsuit and properly served on our registered address. You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought, and resolved exclusively in the state courts located within Delhi, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.

12. Dispute Resolution

PLEASE READ THIS SECTION 12 CAREFULLY AS IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND BIZRAKSHAK ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND BIZRAKSHAK AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS ARE NOT PERMITTED.

12.1 Informal Dispute Resolution

• If either of us intends to seek arbitration under this section, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. You and we agree that the opportunity to meet and confer informally is a material term and a material reason we are offering this service and therefore you agree you will abide by it. 
• Notice to BizRakShak should be sent to registered office of Keepmefresh Agriproducts Private Limited. If you have an account with our services, we will provide notice by means of a communication to the email address or phone number associated with your account. 
• Any notice of dispute (“Notice”) must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought.
• During the 30 day period, you and we agree to act in good faith to resolve the dispute. If you and BizRakShak cannot reach an agreement to resolve the claim within 30 days after the Notice is received, you or BizRakShak may commence formal proceedings in accordance with section 12.2.

12.2 Binding Arbitration Agreement, Exceptions to Arbitration, Governing Law & Venue

12.2.1 Agreement to Arbitrate and Class Action/Class Arbitration Waiver. 

Subject to the exceptions to arbitration set forth in subpart 12.2.3 below, you and BizRakShak each agree that any and all disputes between BizRakShak and consumer (i.e., non-business/commercial) users arising under or related in any way to these Terms and/or your use of our services (and which are not otherwise resolved pursuant to section 12.1) must be resolved through binding arbitration as described in section 12.2. If an arbitrator or court decides that any part of this agreement to arbitrate set forth in section 12.2 is unenforceable, the remainder of section 12 of these Terms will nevertheless still apply (including the prohibition on class arbitration).

12.2.2 Arbitration Procedure. 

• Any arbitration will be governed by laws of Republic of India. Any settlement offer made by you or BizRakShak shall not be disclosed to the arbitrator. 
• Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in Delhi, India. 
• For any claim where the total amount of the award sought is ₹ 1,00,000 or less, you and BizRakShak may elect to have the arbitration conducted by audio and/or a video communication system (including, but not limited to telephone conference or a video conference platform such as Zoom) or based solely on written submissions, which election shall be binding on you and BizRakShak subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you or BizRakShak may attend by audio and/or a video communication system (including, but not limited to telephone conference or a video conference platform such as Zoom), unless the arbitrator requires otherwise. 
• The arbitrator will decide the substance of all claims in accordance with applicable law, including recognised principles of equity, and will honor all claims of privilege recognised by law. 
• The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. 
• The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

12.2.3 Exceptions to Arbitration. 

The agreement to arbitration provisions set forth in subparts 12.2.1 and 12.2.2 above will not apply to the following:

1. small claims court cases that qualify for small claims status;
2. legal proceedings or procedures that involve efforts to obtain personal data related to a user or users, including but not limited to the author of any BizRakShak Content or review;
3. any legal proceedings brought against any of the BizRakShak Group by companies or other legal entities, or individuals acting on behalf of such companies or other legal entities;
4. any legal proceedings brought by any of the BizRakShak Group against companies or other legal entities, or individuals acting on behalf of any such companies or other legal entities; and
5. a party’s right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
6. any claim for public injunctive relief, which must be adjudicated in court, not by the arbitrator. If either party seeks public injunctive relief, that request for relief shall be severed from any arbitration proceeding and stayed pending a final resolution of the arbitration, at which point the claim may be adjudicated.

If, for some reason, the prohibition on class arbitrations set forth in section 12 cannot be enforced, then the entirety of the agreement to arbitrate set forth in subparts 12.2.1-3 will not apply; the remainder of section 12 will continue to apply.

12.2.4 Governing Law and Venue.

• For claims subject to the exceptions to arbitration set forth in subpart 12.2.4, these Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of our services, shall be governed by the laws of Republic of India without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. These claims or disputes shall be brought and litigated exclusively in the state courts located within Delhi, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.

12.2.5 Changes To The Agreement To Arbitrate

• We will notify you of changes to section 12 by posting the changes at least 7 days before the effective date of the changes and by notice to the email address / phone number associated with your account. It is therefore essential that you keep your email address / phone number up to date. You can update your email address from your accounts settings page.
• If you do not agree to the changed terms, you may close your account within the 7 day period and you will not be bound by these changes. Otherwise, if you continue to use our services, the changed terms will apply to all disputes or claims governed by this section 12 that have arisen or may arise between you and BizRakShak which are initiated after the time the changed terms take effect.
• Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any changes to section 12 (other than a change to any referenced notice address or site links) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change.

13. Miscellaneous

• Except as specifically stated in another agreement we have with you, these Terms, and any other agreements, documents, or policies incorporated by reference in these Terms, constitute the entire agreement between you and us regarding the use of the services and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. 
• You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained in these Terms to induce you to enter into this agreement. 
• Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. 
• If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. 
• To the extent allowed by law, the English language version of these Terms are binding and any translations are provided for convenience only. 
• The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with BizRakShak’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in these Terms are for convenience only and have no legal or contractual effect. As used in these Terms, the word “including” means “including but not limited to.”

Please contact us with any questions regarding these Terms.