Bluewes policies

Bluewes (Terms and Conditions)

Terms of Use:

This is an agreement between you ("you" or "your") and Bluewes Services Private Limited, a company incorporated under the Companies Act 1956. For the purpose of these Terms of Use, where the context requires "you" means a person who has agreed to change naturally or legally. By providing registration data at the time the seller / trader registers himself as a registered trader on the platform. Bluewes uses the search and purchase services provided by its website www.bluewes.com ("Website") and application, telephone search, SMS, WAP or any other medium that provides Bluewes search services. The terms Bluewes, We/us/ Our or Platform refer to an entity owned by Bluewes Services Pvt Ltd. You agree to abide by these Terms and Conditions ("Terms") when you access or use any of the Platforms.

These Terms of Use control your use of the Bluewes application for mobile handheld devices and website. Please read these Terms of Use carefully before using the Services provided by the Platform Services. If you do not agree to the Terms of Use, we request you to uninstall the application and stop using Service immediately. The Installation, Download or Use of the platform refers to your acceptance of the Terms of use and Other Bluewes policies as posted from time to time on the platform. Your Agreement with the Bluewes Services Private Limited from the date on which you download, install, or use the platform services to create a legal agreement between you and the Bluewes Services Private Limited.

Changes

We may change the Terms and Site periodically without notice and you are responsible for periodically reviewing these Terms for revisions. All amended Terms will take effect after we post to the Site and your use of the Site after posting such revisions indicates your consent to the changes.

How It’s USE & NOT

BlueWes is a local business / shopping portal website and mobile application for initiating transactions between participating sellers / traders and consumers / buyers deal with selling a variety of products and providing services between them. Buyers who use the platform can choose from a wide variety of products to retail on the platform, place orders for multiple vendors and any products listed and offered for sale on the platform. We use a wide variety of information, text, images, offers, content, advertising and other materials and effects (collectively "materials") for search services on platforms.

The platform lists products available from multiple vendors / merchants within a specific radius of buyer position. In addition to stores, all types of stores and businesses on the platform and the merchant will start delivering orders and services in selected areas of cities.

Although every effort is made to ensure the authenticity of the content of the platforms, Bluewes is not responsible for any damages, losses or actions arising directly or indirectly. Accessing and / or using the Content on the Platforms which results in loss of data, revenue, profits, assets, viruses, etc., not limited to decisions based on the Content on the Platforms. Accordingly, you may view, use, copy and distribute material found on the platforms for internal, non-commercial, informational purposes only. You are prohibited from using data mining, scraping, crawling, or any other process or processes that send automated queries to the Bluewes.

You may not use platforms or any of them to compile a collection of listings, including a competing listing product or service. You must not use platforms or any materials for unsolicited commercial E-mail. You will not be licensed under any copyright, trademark, patent or other intellectual property in the Materials or Products, Services, Processes or Technology, except as authorized in this paragraph. All such rights are reserved by Bluewes, its subsidiaries, parent companies and / or any third party owner of such rights.

Modification

These Terms of Use are subject to change at any time. We reserve the right to modify or change these Terms of Use and other Bluewes policies at any time by posting changes to the Platform at our sole discretion, and by accessing the changes in the platform you are responsible for updating yourself if there are any such changes. You are responsible at all times for regularly reviewing the Terms of Use and other Bluewes policies and noticing changes made to the platform. By using the Platform after posting any changes you agree to the Terms of Use and other Bluewes policies. As long as you comply with our terms and conditions, Bluewes gives you limited privileges, non-transferable, non-exclusive to access and use the Platform.

Our Marks

Bluewes Company names and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under licenses from Bluewes or wholly owned subsidiaries. All other trademarks and service marks contained herein are the property of their respective owners. All copies you make from materials on any platform must contain any copyright, trademark or other proprietary notice on the respective platforms relating to the copied material. You are not authorized to use the Bluewes name or logo in any advertising, promotion or any other commercial form without the prior written permission of the Bluewes. Requests for authority must be made branding@bluewes.com

Account

Bluewes Customer is responsible for maintaining the privacy of your account and password and restricting access to your computer to prevent unauthorized access to your account by using the Website. You agree to be responsible for all activities that take place under your account or password. You must take all necessary steps to ensure that the password is kept confidential and secure and notify us immediately. You can access and update most of the information you provide to us in your account area of the Mobile application.

You agree that your user account on the Website / Application will only be used for your personal use to purchase products or services and not for business purposes. If you provide any information that is untrue, inaccurate, current or incomplete, we have reasonable grounds to suspect that such information under these Terms of Use. The right to suspend or terminate your membership access to the Website indefinitely and to refuse to grant you Website/application access.

Portal

The Bluewes portal allows seller and customer to interact with each other for commercial / contract transactions purposes. Bluewes acts as an intermediary in this transaction, allowing customers to place orders / search / request / contact / services through various portals by creating a bridge between the seller and Bluewes customers. All trade / contract terms are provided and accepted only by you and the sellers alone. Trade / contract terms include limit price, shipping costs, payment methods, payment terms, date, duration and delivery mode, and after sales of services and products and services. The Bluewes has no control over, or provides any control over, confirmation or advice or participation in the provision or acceptance of trade / contract terms between the consumer and the seller.

Privacy

Please review our Privacy Notice, which also controls your visit to bluewes.com to understand our practices. Bluewes is committed to maintaining the confidentiality of any personal information requested or received from its clients, business partners and other users of the Website / Application. Please read our Privacy Policy Statement regarding such personal information.

Bluewes is not responsible for posting any brand or product and advertisements from the seller or customer on the Bluewes website / application. Our platform only serves as a bridge between customer and seller.

Reviews and Comments

Bluewes provides information directory services through a variety of media (SMS, WAP, e-mail, website, APP and phone, any post reviews, ratings and services about your customers and additional information about the advertisers listed on the Bluewes. Terms and Conditions set out here.

You have affirmed and warrant that you have the right to grant these rights to the Bluewes. The Bluewes will not accept any of your communications as a representative of their views. You thereby relinquish all rights to the Bluewes, including the intellectual property rights posted on Bluewes and any "moral rights" in your communications through any of Bluewes media.

Bluewes is free to use all your communications from time to time according to its needs. Bluewes has the right, but is not responsible for monitoring, editing or removing any content you post as review, rating or comments. The Bluewes do not review all media and all communications. The Bluewes reserves the right, but does not at its sole discretion, monitor, modify or remove any communications that may be inappropriate, objectionable or contradictory to any Bluewes policy, or violate these Terms.

Bluewes reserves the right not to upload, distribute or publish any communication through the Site or forums.
• There is absolutely objection to certain things that are obscene, unclean, sexually obscene, threatening or insulting.
• Pretends to be another person or organization or collects or uses any information about site visitors.
• Violates any applicable laws, rules or regulations.
• False or misleading suggestions on unsolicited advertisements on the site / application are not supported.
• Does not support defamation, humiliation or infringement of legal rights of any third party. These can cause injury to any person or organization.
• Infringe intellectual property rights, including copyright, patent and trademark rights, contract rights, trade secrets, privacy or publicity rights or any other third party rights.
• Software designed to disrupt, destroy, or restrict the operation of any computer software or hardware or telecommunications equipment may contain viruses or any other malicious code.

The Bluewes have the right to take appropriate legal action against you if there are any issues or claims caused by your posts through reviews, ratings and comments. Furthermore, Bluewes will not take responsibility and assumes no liability for any such comments, ratings and content posted by you or any other third party on the BlueWes site.

You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site or any of the mediums of Bluewes.

Platform

You agree and understand that the Website is an online platform that allows you to purchase the products listed on the Website / Application anytime, anywhere at a specified price. You still agree that Bluewes is a facilitator and may not be a party to or control any transactions on the Website/application. Accordingly, the contract of sale of products in Bluewes must be a bilateral agreement between you and the seller.

Accessing bluewes.com will do our part to ensure that website availability is uninterrupted and transmissions are flawless. And also, this cannot be guaranteed due to the nature of the internet. Your access to the Website may also be occasionally suspended or restricted to repair, maintenance or the introduction of new facilities or services at any time without prior notice. We will try to limit the frequency and duration of such suspension or restriction.

Warranty

Please note that the provider of any goods or services is eligible to register with Bluewes. Advertisers are good, reputable or quality sellers of goods / service providers does not examine from Bluewes. You must be satisfied with all relevant aspects before obtaining the Terms of Service. The Bluewes also not negotiate or discuss any engagement with any of the advertisers.

WE ARE NOT RESPONSIBLE FOR ANY WARRANTY ISSUED BY VENDORS OR ADVERTISERS ON BLUEWES WEBSITE/APPLICATION. PURCHASING GOODS OROBTAINING SERVICES FROM VENDORS/ADVERTISERS IS AT OWN RISK.

We do not investigate, represent or approve the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or can be accessed from platforms. Suggestions we make for hypertext links to third party names, marks, products or services or to hypertext links to third party sites or information as a result of our acceptance, sponsorship or recommendation of a third party, advertisement or any other information or platform related to any product or service Displayed, purchased, or received advice, information or other materials. Any use of platforms, reliance on any materials and any use of the internet are usually at your sole risk. Bluewes disclaims any and all liability or responsibility for the accuracy, content, completeness, legitimacy, reliability or viability or availability of information or material displayed on search results in the platforms.

THE MATERIAL AND PLATFORMS USED TO PROVIDE THE MATERIAL INCLUDING THE WEBSITE ARE PROVIDED AS AVAILABLE WITHOUT ANY WARRANTY. EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT RESTRICTED, WARRANTIES EXECUTED FOR TRADE CAPABILITIES, FOR A PURPOSE. BLUEWES DISCLAIMERS, FULLY PERMITTED BY LAW, ANY GUARANTEES (WARRANTIES) AS PER SECURITY, RELIABILITY, TIMELINES, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND MATERIALS. BLUEWES WILL NOT SUPPORT WARRANT THAT ANY ERRORS OR DEFECTS WILLBE CORRECTED OR THAT THE CONTENT IS FREE OF VIRUSES OR ANYOTHER HARMFUL COMPONENTS.

Consumers using any of the following media: The Internet (www.bluewes.com) website, application, SMS, phone or any other medium may adhere to this additional denial in which users are warned to conduct a proper investigation before dealing or entering into any transaction with vendors / advertisers listed with the Bluewes. All users are warned any information from the advertisers or sellers without least suspecting, verify, accept or subscribe to the claims of the advertisers' bonuses and any information provided or received by nature from the advertisers will be taken in good faith. Representation by advertisers listed with Just Dial. Furthermore, Just Dial is not responsible for the actions of advertisers listed on Bluewes.

Additional

Bluewes does not make any representation or warranty as to specifics such as quality, value, sale ability of the products or services proposed to be sold or offered to be sold or purchased on the platform nor does it implicitly or explicitly support or endorse the sale or purchase of any products. Bluewes is not responsible for the content that advertisers/vendors use any services on the platform.

Bluewes will not be liable for any breach or non-performance of any agreement entered into between the Buyers and Merchants on the Platform. Bluewes related buyers and merchants cannot guarantee that any transaction concluded on the platform. We will not be liable to the merchant if the stock is not available or re-ordered as a result of the trader's unsatisfactory service or service performance or losses or delayed products. Bluewes operates an online marketplace and assumes the role of facilitator.

At no time shall Bluewes hold any right, title or interest over the products nor shall the Bluewes have any obligations or liabilities with respect to such agreement between the buyer and the dealer. Bluewes only serves as a platform for communication. If there are complaints from the buyer regarding quality or any other such issues the seller should be informed and the buyer should also be directed to the merchant's customer service helpline.

The merchant is solely responsible for resolving buyer complaints. If the buyer raises any complaint against the merchant accessed using the platform, the buyer should be assisted by providing relevant information. Merchant name details and specific sequence of complaint to initiate satisfactory resolution of complaint. Bluewes is not responsible for resolving buyer complaints directed at merchants.

Strictly Prohibited Activities

Accepting from you to ensure that the use of the platform you undertake is strictly governed by the following binding principles:

I. You must not host, display, upload, download, edit, publish, transmit, update or share any information about another person that you have no rights over.
II. Extraordinary harmful, Harassment, Blasphemy, Defamation, Pornography, violence, Defamation, Slander, Pedophilic, libelous, Criminal inciting or invasive of someone privacy, ethnically objectionable, hateful, racially, disparaging, relating or encouraging money laundering or gambling, Invasion or Harassment of Someone Else, Unlawful in any manner whatsoever or Unlawful threating or unlawfully harassing including but not limited to indecent representation of women prohibition Act, 1986.Not limited to the inclusion of obscene representation of women in the Website / Application.
III. It is an offense to patent an online community such as pornography, pedophilia, racism, bigotry, obscenity, hate or sexually explicit content and that promotes physical harm against any group or individual. Also misleading or misrepresentative in any way.
IV. Justifies harassment of another person or harasses and involves transmission of junk mail, chain letter, or unsolicited mass mailing or spamming stream.
V. Promoting illegal activities or abusive, threatening, obscene, defamatory or behavioral behavior is prohibited.
VI. Infringement or violates of any third party rights, including intellectual property rights, unrestricted privacy rights, personal name, email address or phone number or any other personal information, including sensitive personal data or information.
VII. Promoting illegal or unauthorized copying of work copyrighted by other persons is prohibited. Such as providing links to them or pirated computer programs, providing information to avoid the manufacture of installed copy protection devices, or providing pirated music or links to pirated music files.
VIII. Restricted or password only contains access pages or images, those not linked to or from another accessible pages.
IX. Providing material that sexually, violently or unjustly exploits people or seeks personal information from anyone is considered utterly violent and severely punishable. Providing instructional information about illegal activities such as making or purchasing illegal weapons, infringing on someone's privacy or providing or creating computer viruses is prohibited.
X. contains videos, photographs or images of minor or an adult that can be considered obscene. Attempts to gain unauthorized access to or beyond the scope of official access to the platform or personal information for profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the platform or solicits passwords or personal information for commercial or unlawful purposes from other users.
XI. The sale of any goods prohibited under applicable law can be strictly avoided. Bluewes does not Participates in trade activities and sales without our prior written permission, such as competitions, sweepstakes, exchanges, advertising and pyramid schemes or the purchase and sale of products related to the platform.
XII. Not involved in any gambling activities that are illegal or constructed. Interrupts the use and enjoyment of the platform or any third party users and may enjoy similar services. Refers to any website or URL at our own discretion. Content is inappropriate for the platform or any other website.
XIII. Infringes any patent, trademark, copyright or other proprietary rights, not limited to intellectual property rights or the trade secrets or publicity or privacy rights of third parties. Selling or fraudulent counterfeit or stolen products. No action will be taken if any law is violated at moment.
XIV. Misleading consumer information about the source of such messages or communicating any information that is seriously offensive or dangerous in nature. Pretends to be another person.
XV. Software viruses includes computer resources or any Trojan horses, worms, time bombs, cats, disassembly, Easter eggs or other computer programming routines designed to disrupt, destroy, or limit viruses or any other computer code programming routines that may damage. Harmfully interfere with reducing the value of the interceptor by secretly capturing any system data or personal information.
XVI. India's unity, integrity, defense, security or sovereignty, friendly relations with foreign states or threaten public order or prevent any criminal investigation or prosecution of any crime or insulting to any other nation. Is false inaccurate or misleading.
XVII. Attempts to deliver, trade, or trade in any product, directly or indirectly, create an obligation prohibited or restricted or applicable under any applicable law, regulation, regulation or guidelines The platform ensures that it loses the services of its Internet Provider or other supplier.

Application Use

Must not use any similar or similar manual process to access, purchase, copy or monitor any DEEP-LINK, PAGE-SCRAPE, ROBOT, SPIDER or other automatic device, program, algorithm or method or any part of the platform. Attempting to obtain or avoid access to the Navigational Structure or Presentation of the Platform or any other material, documents or information that is not readily available through the Platform. We have the right to prohibit such activities

May not engage in advertisements or requests to other users on the Platform to purchase or sell any products or services, including limited products or services that are displayed on the Platform or related to us. You will not be able to transmit any chain letters or unsolicited commercial or junk emails to other users through the Platform. Any information obtained from the Platform for harassing, abusing or harming or contacting, promoting, or soliciting others may be considered a violation of these Terms. To protect our customers from such advertisements or requests, we reserve the right to limit the number of messages or emails that the user of the platform may send to other users at any time. It may be deemed appropriate at our own discretion. You understand that we reserve the right at all times to disclose any information, including the identity of the person providing the information or equipment necessary to satisfy a law, regulation or valid government request applicable to the Platform. It may involve the investigation of illegal activities in response to a statutory court order or subpoena or disclosure of information without restrictions in connection with the request of an illegal operator. In addition, Bluewes have the right to disclose to the law enforcement or other government authorities the right to disclose any information about you who are a registered user of the Bluewes platform, in our sole discretion, as we deem necessary or appropriate in relation to the investigation and resolution of possible offenses.

Reseller

Reseller means any business entities, adult persons, professionals who have paid the registration fee and experts who have agreed to perform the reseller services in accordance with the terms as specified in this reseller agreement. And in addition to paying the registration fees they have shown their interest in providing the Services as specified under this Contract. For convenience purposes, "reseller and sub-reseller" are collectively referred to as "reseller”. A non-defaulter is a person who has a valid and active ID in his / her name, and refers to another adult person to become a reseller under the terms of this contract. Vendor means any business entities, individuals, professionals or any service providers / product vendors that the reseller describes the terms of service available and that business person was interested in getting services from Bluewes after learning the terms of service. Payment Services means Listing services or any other services offered by Bluewes are subscribed by the Vendors by making the requisite payment for services to Bluewes, after having the complete understanding of Terms of Service available.

Contract value means that the full payment made by the seller before activating the service through subscription is received by Bluewes in its bank account.

Account activation requires vendor information such as business name, business person, contact person, address, mobile number, toll free number, email id, website, service or product categories, ID address proof, categories, zip codes and any other documents. Etc. made available by the Vendor to Bluewes through Reseller are validated/verified as correct, genuine and existing by the Reseller. Duplicate contract is the agreement of the sellers or business entities who have been receiving payment services from Bluewes or have taken payment services within the last 60 days.

Confidential information means all information disclosed to the Reseller by Bluewes or the Seller and not limited to, and any information that the Reseller has access to or possesses during this Contract. Confidential information is not limited to the information available in the Bluewes proprietary database software application. Database of names and addresses and other directory information compiled by Bluewes with considerable expense and effort. Method of classifying directory data received by the Bluewes, personal or any information of the sellers, Personal / business data and information, including IDs and passwords available to resellers through Bluewes, are not restricted to access Bluewes proprietary software.

Data available to resellers through Bluewes proprietary software, information on potential sellers, Bluewes business plans, bank account / financial details, learn about innovations, ideas, concepts, whether patented or copyrighted, software programs, marketing plans or techniques, technical, pricing, financial or business information. Trade secrets are not limited to any part or scientific or technical or proprietary information, design, process, policy, formula or improvement. It is generally not available to the public and any other information, Has the right to keep its nature and the circumstances that expose it confidential.

Vendor ID regards the unique digit number allocated by Bluewes to the Reseller which the Reseller shall quote in all correspondence with the Bluewes. Source that collects, edits, and uploads seller data through the reseller in Genio Lite module of Bluewes. Genio Lite Module is a software module link that allows the reseller to enter the seller data and collect the payment / contract value from the vendor. This module also handles non-paid data / listing created by the reseller, details of packages / services sold by the reseller, and payment details collected by the reseller from the seller. For providing payment services and other features that are constantly being developed through Bluewes.

Reseller is responsible for providing services such as marketing, promoting and selling various services / products offered by Bluewes from time to time using the Genio Lite module. The reseller is responsible for presenting, promoting and selling products / services to prospective customers and providing them with cost-benefit and need analysis and always maintaining a good business relationship all the time with the seller.

Registration

At the time of entering into this Agreement, you must be at least 18 years of age and be able to provide proof of your own ID / address and other documents as requested by the Bluewes from time to time. Your account registration requires you to submit some personal information to Bluewes.

(I) Your personal details (i.e. name, business, current address, permanent address, mobile phone number and etc.)
(II) Proof of address cum Identity (i.e. Aadhaar, KYC documents) along with PAN Card
(III) Bank details or any other documents when requested by Bluewes.

By this you are ensuring that you can make legal agreements under the Indian Contract Act, 1872. You are not "incapable of contracting", including the 1872 Indian Contract Act, minors, non-discharged bankruptcies, etc.

Formalities

a) you need to create a login id to visit the Sign Up in the Bluewes Business app in the Reseller Program section. You are responsible for adding the correct info details in the BlueWes signup.
b) If the reseller adds incorrect information details or misses / skips to add referrer details, the reseller will not be able to add / modify or modify the next step and will not receive the appropriate credit / commission (if any) for referrer referring you as a reseller to Bluewes.
c) During the signup process, the reseller provides his / her correct mobile number, email id and ID, address proof and other documents as Bluewes requests from time to time.
d) The reseller must pay a one-time registration fee as notified to the reseller. Upon receipt of the registration fee, Just Dial issues an invoice and sends it to the reseller with its registered email id and mobile number.
e) The reseller agrees that the registration fee is a conditional refundable fee for registering himself / herself as a reseller with Bluewes. These registration fees will be refunded on request only after the expiry at least 1year, Subject to receipt of complaints or service related or other issues against the reseller. Refund will be on pro-rata basis in case of any service related issue or any complaint against the reset seller, which will be divided equally within 5 (five) years. However, Reseller is not entitled to any refund for partially completed year service.
f) Upon completion of the registration formalities and receipt of registration fees from the reseller, Bluewes sends login details such as a user ID password and other details to access and use the Genio Lite module for your registered email ID.
g) You agree to maintain accurate, complete and up-to-date information in your account and if you fail to do so your access to the Services will be terminated without notice.
h) Only you have the right to access your account. You agree that you will not allow anyone to access your account and will not share your login credentials (i.e. your username and password) with anyone else.
i) In case of reasonable suspicion by Bluewes, the login credentials were compromised by the reseller or if someone other than you were allowed to access and use your account, your access to the account will be terminated without notice to you.
j) These Terms will terminate in cases where you confirm that you have allowed someone other than yourself to access and use your account and your access to the Services will be permanently terminated without notice to you.

You may only have one account. If you find that you have multiple accounts on the Bluewes platform, your access to all accounts on the Bluewes platform will be permanently terminated without notice. You hereby acknowledge and agree that You and Bluewes are not responsible for your losses and damages (directly or indirectly) caused by the unauthorized use of your account. If not in the above condition, you may be liable for the losses or damages of the Blues or others due to the use of such unauthorized service. It is your responsibility to provide the required documents / information as requested by the Bluewes from time to time.

Responsibilities

The reseller must perform the following responsibilities with full expertise and diligence. The reseller must work diligently at all times to promote the products and services offered by Bluewes and to protect the interests of the Bluewes. The retailer should take proper training in providing the seller module on the Bluewes website/application from time to time. The Reseller shall be responsible for ensuring that the prescribed vendor documentation is duly completed in all respects and uploaded in the Company's seller module. Also, the applicable terms and conditions available and explained in the local language for the seller.

The reseller who receives payment from the seller through the seller module (or other means indicated by Bluewes) will confirm that he / she has collected the relevant documents, it has been verified as existing and correct and also explains the applicable terms and conditions, which the seller has accepted without any disappointment and protest. Regardless of whether Bluewes provides any product or service to that seller, the reseller is not entitled to a commission on any payment services that the reseller does not fulfill the terms specified in this contract.

Bluewes certifies that no business / revenue guarantee is provided to the seller or retailer in any manner. Some upcoming issues not mentioned in the content will be added from Bluewes in the coming days.

Miscellaneous

Force Major: No party shall be liable for any failure or delay as per the rules of this party, such failure or delay is due to technical errors, government actions, actions of God due to reasons beyond the reasonable control of that party, public enemy actions, wars, uprisings, riots, epidemics, bacterial infections, landslides, lightning, earthquakes, fires, storms, floods, washouts; Government arrests and detentions, Is required to comply with any court order, law, ordinance or provision declared by any governmental authority having federal or state, civil or military jurisdiction; Civil Disruptions, any other events, matters or causes, of the same kind or otherwise as stated herein, are not reasonably within the control of the affected party. Forced trade applies only if it occurs thereby and without its error or negligence, if the party is unable to prevent performance failure by taking appropriate precautions. This provision and such party shall do everything reasonably possible to resume its performance in accordance with these Terms. If Force Major conditions persist for more than two weeks, the party to pay the affected liability shall have the right to terminate these Terms by fifteen days' written notice.

Limitation: If any provision of these Terms is found to be valid or enforceable by the Court, such provision shall not be valid. Does not affect the other terms of this Terms, and all Terms not affected by such validity are in full force and effect. However, the parties are bound to discuss and resolve an alternative clause that is close to the purpose of the original clause and is valid and enforceable. Exemption by the infringing party or default of any of these terms by any other party shall not be deemed to be an exception to the subsequent violation of the same or other terms. Or delay or omission in any party to exercise or exercise any right, power or exclusive right, shall not act as an exception to any infringement or default by any other party.

Independent Contractors is understood and accepted that the relationship between the parties is on a principal-to-principal basis. None of these terms constitutes a joint venture or agency, employment, partnership or any other relationship between the parties.

All notices, requests, demands and other communications herein shall be in writing and shall be deemed to be the same as those delivered in person to the registered office addresses or sent by registered mail. Notices can also be sent via emails, however, such emails must be followed by a physical notice at the above address within 10 days. These Terms, including Schedules, formulate the Terms of Use between the Parties and override all other and prior arrangements, agreements and understandings prior to the implementation of these Terms. In the event of any dispute / difference between the parties, the parties will meet to discuss the matter and negotiate in good faith to resolve the issue. However, if the dispute is unresolved within 60 days from the date of the dispute, the matter will be referred to the other party in writing and the matter will be referred to the sole arbitrator appointed by Bluewes. The reseller has agreed to appoint Bluewes at its discretion under this Contract. The Arbitration and Compromise Act, 1996 regulates arbitration processes and the place where arbitration takes place is Mumbai. The language of mediation should be English. The cost of mediation is borne by the parties in equal proportions. Attorney costs are borne individually by each party. The Arbitration Award is final and binding on the parties. The terms of service within the jurisdiction are governed and understood in accordance with the laws of India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mumbai, India. The titles of the Clauses in these Terms are for reference only and are not taken into account in the interpretation or structure of the Terms.

Some points and references that are missing here in terms and conditions will be added from time to time by Bluewes and this condition will be accepted by both the User and the Reseller.