Use of the CP PLUS Services

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the AMS website located at ams.cppluscloud.com, and all associated sites linked to ams.cppluscloud.com, or the AMS mobile application or any similar platform (hereinafter collectively, the CP PLUS Platform run by Aditya Infotech Limited, having its corporate office at A-12, Sector-4 , NOIDA, UP – 121301 and registered office at F-28, Okhla Industrial Area, Phase – 1, New Delhi – 110020 (hereinafter collectively, CP PLUS or Aditya Infotech Limited) on any device and/or before availing any services offered by AMS on the CP PLUS Platform which may include services such as purchase of plans, payment of plans, availing services, generating reports, uploading data or any other service that may be offered by CP PLUS on the CP PLUS Platform (hereinafter individually, and collectively, the CP PLUS Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all AMS Services, whether offered by CP PLUS or its affiliates.

Acceptance

By registering on, accessing, browsing, downloading or using the CP PLUS Platform for any general purpose or for the specific purpose of availing any CP PLUS Service, You agree to be bound by the single-sign-on ID (hereinafter SSOID) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each CP PLUS Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the SSOID or any additional or modified service-specific terms and conditions in relation to any CP PLUS Service or any future service that may be offered by CP PLUS on the CP PLUS Platform. By registering on, accessing, browsing, downloading or using (as applicable) the CP PLUS Platform or availing any CP PLUS Service or the SSOID, You automatically and immediately agree to all the T&Cs. If at any time you do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the CP PLUS Platform and immediately terminate your availing the CP PLUS Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the CP PLUS Platform or a customer or beneficiary of the CP PLUS Services, and CP PLUS . All services are rendered by CP PLUS through the CP PLUS Platform under the brand name “CP PLUS ” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, CP PLUS , regarding Your use of CP PLUS ’s digital services (which includes but may not be limited to plans renewal, generating reports, payment of plans), or any such other services which may be added on the CP PLUS Platform and which will henceforth be a CP PLUS Service, from time to time. The CP PLUS Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, CP PLUS grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the CP PLUS Platform and/or avail the CP PLUS Services.

Eligibility

Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website. The CP PLUS Services are not available to persons under the age of 18 or to anyone previously suspended or removed by CP PLUS from availing the CP PLUS Services or accessing the CP PLUS Platform. By accepting the T&Cs or by otherwise using the CP PLUS Services on the CP PLUS Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by CP PLUS , or disqualified for any other reason, from availing the CP PLUS Services or using the CP PLUS Platform. In addition, you represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, CP PLUS reserves the right to suspend or permanently prevent You from availing CP PLUS Services or using the CP PLUS Platform.

Other Terms and Conditions

Additional terms and conditions may apply in order for You to avail specific CP PLUS Services and to specific portions or features of the CP PLUS Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the CP PLUS Platform or for any CP PLUS Service offered on or through the CP PLUS Platform, the latter terms shall control with respect to Your use of that portion of the CP PLUS Platform or the specific CP PLUS Service. CP PLUS may make changes to any CP PLUS Services offered on the CP PLUS Platform, or to the applicable terms for any such CP PLUS Services, at any time, without notice. The materials on the CP PLUS Platform with respect to the CP PLUS Services may be out of date, and CP PLUS makes no commitment to update the materials on the CP PLUS Platform with respect to such CP PLUS Services. The following terms also govern and apply to Your use of the CP PLUS Platform, and they are incorporated herein by this reference:
https://ams.cppluscloud.com/TermsAndConditions
https://ams.cppluscloud.com/Privacypolicy

SSOID Service, Participating Platforms

CP PLUS ’s SSOID service offers You the convenience, after a one-time registration any CP PLUS Platform, to sign on (log in) to all AMS web pages/app and online platforms operated by CP PLUS or its affiliates, without going through a separate registration process every time... With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which CP PLUS ’s SSOID service is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions. These business or user terms and conditions are available on the respective web pages... For the use of CP PLUS ’s SSOID service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the SSOID service. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the SSOID service or to disclose them otherwise. The user is obliged to inform CP PLUS immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our SSOID service (hereinafter the SSOID Agreement). Our offer for the conclusion of the SSOID Agreement is then effected by the fact that CP PLUS sends the user a confirmation by e mail, in which a confirmation link is included next to the user name and the OTP for the SSOID Service. By the user entering the OTP received on registered mobile no. or email, the user accepts CP PLUS ’s registration / password update for the login account, so that in this way the SSOID Agreement enters into force. Conclusion of the SSOID Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation process. CP PLUS is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for CP PLUS) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.

Pricing & Payment

Prices throughout the website are quoted in Indian Rupees (INR), and payment can only be accepted in Indian Rupees. Prices include Goods Service Tax (GST).

In case of international credit cards, the transaction amount will be converted to INR before the payment is accepted. Currency conversion charges may apply based on your credit card policy.

Your payment card will be debited for your order on the day we send you the formal order confirmation.

All products and information displayed on ams.cppluscloud.com constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions as listed herein. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order.

No act or omission of CP Plus prior to the dispatch of the product (s) ordered will constitute acceptance of your offer. If you have provided us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm dispatch and therefore acceptance of the order.

We have made every effort to display as accurately as possible the specifications of our products that appear on the website.

Moreover, it is hereby clarified that CP Plus is not held liable for any refund obligations involved therein for which the payment is not successfully credited to the account of CP Plus by CCAvenue. Any and all such refund, payment charges, card charges, expenses involved, including interest etc. shal be managed by the third party service provider i.e. payment gateway service rendered by CCAvenue.

Communication Policy

By accepting the T&Cs, You accept the following:

• CP PLUS may send alerts to the mobile phone number provided by You while registering with the CP PLUS Platform for the SSOID service or on any updated mobile number subsequently provided by You on the CP PLUS Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
• CP PLUS will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from CP PLUS as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the CP PLUS Platform or availing any CP PLUS Services. CP PLUS shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold CP PLUS liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
• The SMS/e-mail alert/push notification service provided by CP PLUS is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, CP PLUS shall be immediately informed about the same by You and CP PLUS will make best possible efforts to rectify the error as early as possible. You shall not hold CP PLUS liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
• The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. CP PLUS shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
• You will indemnify and hold harmless CP PLUS and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which CP PLUS or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from CP PLUS and/or the SMS/e-mail service provider.

Use of CP PLUS Platform

You understand that except for information, products or services clearly indicated as being supplied by CP PLUS, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that CP PLUS cannot and does not guarantee or warrant that files available for download through the CP PLUS Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.

Prohibited Conduct

By accessing or using the CP PLUS Platform or by availing CP PLUS Services, You agree not to:

• Violate the T&Cs.
• Impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the CP PLUS Services, perform any other similar fraudulent activity or otherwise avail CP PLUS Services with what we reasonably believe to be potentially fraudulent funds.
• Infringe our or any third party’s intellectual property rights, rights of publicity or privacy.
• Use the CP PLUS Services if You are under the age of 18 years without a parental sponsor or, in any event, use the CP PLUS Services if You are under the age of 13 years old even with a parental sponsor and in accordance with applicable law.
• Post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person.
• Post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature.
• Refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to CP PLUS.
• Remove, circumvent, disable, damage or otherwise interfere with security-related features of the CP PLUS Services and the CP PLUS Platform or features that enforce limitations on the use of the CP PLUS Services or the CP PLUS Platform.
• Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards CP PLUS Services or CP PLUS Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law.
• Use the CP PLUS Services or the CP PLUS Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the CP PLUS Services or the CP PLUS Platform in an automated manner.
• Modify, adapt, translate or create derivative works based upon the CP PLUS Services and the CP PLUS Platform or any part thereof, except and only to the extent that that this is permissible by applicable law.
• Intentionally interfere with or damage operation of the CP PLUS Services or the CP PLUS Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features.
• Use any robot, spider, other automatic device, or manual process to monitor or copy the CP PLUS Platform without prior written permission.
• Interfere or disrupt the CP PLUS Platform or networks connected to the CP PLUS Platform.
• Take any action that imposes an unreasonably or disproportionately large load on CP PLUS ’s infrastructure/network.
• Use any device, software or routine to bypass the CP PLUS Platform’s robot exclusion headers, or interfere or attempt to interfere, with the CP PLUS Services.
• Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the CP PLUS Platform or to manipulate Your presence on the CP PLUS Platform.
• Sell the CP PLUS Services, information, or software associated with or derived from it.
• Use the facilities and capabilities of the CP PLUS Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
• Breach this Agreement, the SSOID Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs.
• Provide false, inaccurate or misleading information.
• Use the CP PLUS Platform to collect or obtain personal information, including without limitation, financial information, about other users of the CP PLUS Platform, except and only as expressly provided in the T&Cs.
• Avail CP PLUS Services with what CP PLUS reasonably believes to be potentially fraudulent funds.
• Use the CP PLUS Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to CP PLUS, a third party or You.
• Use the CP PLUS Services in a manner that CP PLUS or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules.
• Take any action that may cause CP PLUS to lose any of the CP PLUS Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers.
• Send automated request of any kind to the CP PLUS Platform without express permission in advance from CP PLUS.

Termination: Agreement Violations

You agree that CP PLUS , in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the CP PLUS Services/CP PLUS Platform and remove and discard on the CP PLUS Platform all or any part of Your account, Your user profile, or Your recipient profile, including Your SSOID, at any time. CP PLUS may also in its sole discretion and at any time discontinue providing access to the CP PLUS Services, or any part thereof, with or without notice. You agree that any termination of Your access to the CP PLUS Services/CP PLUS Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that CP PLUS will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies CP PLUS may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the CP PLUS Services/CP PLUS Platform.

Disclaimer: No Warranties

In no event, CP PLUS or its Directors, management, employees, contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the CP PLUS Services, the CP PLUS Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the CP PLUS Services, the CP PLUS Platform (including any and all materials) or any reference sites/app/platform/service, even if CP PLUS or a CP PLUS authorized representative has been advised of the possibility of such damages. In no event, CP PLUS, directors, employees, agents will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the CP PLUS Services, the CP PLUS Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the CP PLUS services, the CP PLUS Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with CP PLUS , however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the CP PLUS Service or the CP PLUS Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000, whichever is less. You acknowledge and agree that CP PLUS has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and CP PLUS , and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and CP PLUS . CP PLUS would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, CP PLUS ’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.

Indemnification

You agree to indemnify, save, and hold CP PLUS , its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the CP PLUS Services or of the CP PLUS Platform; (ii) any violation by You of this Agreement or the SSOID Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. CP PLUS reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify CP PLUS, including rights to settle, and You agree to cooperate with CP PLUS ’s defense and settlement of these claims. CP PLUS will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Disclaimer: No Warranties

To the fullest extent permissible pursuant to applicable law, CP PLUS and its third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from CP PLUS or through the CP PLUS Services or the CP PLUS Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “CP PLUS” includes CP PLUS’s officers, directors, employees. You acknowledge that CP PLUS is rendering a cloud based service to manage and maintain on cloud the data uploaded by the user in respect to the time and attendance and generating reports therein and is not liable for any third party (including server providers) obligations.. You expressly agree that use of the CP PLUS Services on the CP PLUS Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. CP PLUS does not warrant that the CP PLUS Services will be uninterrupted or error-free or that defects in the site will be corrected. The CP PLUS Services and the CP PLUS Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. CP PLUS, and its partners do not warrant that the data, CP PLUS software, functions, or any other information offered on or through the CP PLUS Services/CP PLUS Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. CP PLUS and its licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the CP PLUS Services/CP PLUS Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the CP PLUS Services/CP PLUS Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will CP PLUS be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the CP PLUS Platform.

Ownership: Proprietary Rights

The CP PLUS Services and the CP PLUS Platform are owned and operated by CP PLUS . The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the CP PLUS Services and the CP PLUS Platform provided by CP PLUS (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and CP PLUS, all Materials, trademarks, service marks, and trade names contained on the CP PLUS Platform are the property of CP PLUS. You agree not to remove, obscure, or alter CP PLUS or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the CP PLUS Services/CP PLUS Platform. Except as expressly authorized by CP PLUS, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. CP PLUS reserves all rights not expressly granted in this Agreement. If You have comments regarding the CP PLUS Services and/or the CP PLUS Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to CP PLUS , and shall assign to CP PLUS , all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Modification of this Agreement

CP PLUS reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the CP PLUS Platform or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the CP PLUS Platform, availing the CP PLUS Services or for payment transactions initiated after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the CP PLUS Services/CP PLUS Platform. For certain changes, CP PLUS may be required under applicable law to give You advance notice, and CP PLUS will comply with such requirements. Your continued use of the CP PLUS Platform following the posting of changes will mean that You accept and agree to the changes.

Notice

CP PLUS may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the CP PLUS Platform or by any other reasonable means. Except as otherwise set forth herein, notice to CP PLUS must be sent by courier or registered mail to CP PLUS., A-12`, Sector-4, NOIDA, Uttar Pradesh 201301, India.

Waiver

The failure of CP PLUS to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by CP PLUS.

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any CP PLUS Service or the CP PLUS Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, CP PLUS may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either You or CP PLUS may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to You or CP PLUS (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor CP PLUS may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and CP PLUS. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

Governing Law and Forum for Disputes

Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against CP PLUS must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

Headings

The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This Agreement is the entire agreement between You and CP PLUS relating to the subject matter hereof and this Agreement will not be modified except by a change to this.