10. General Contractual Clauses
b. LIMITATION OF LIABILITY: To the extent your local law does not allow the limitation of liability, then this provision may not apply in its entirety. To the fullest extent provided under the law, theyayacafe, including its officers, directors, employees, affiliates, and agents have no obligation or liability to you or any third party, whether arising in contract, warranty, tort, (including negligence, product liability, or otherwise) for any direct, indirect, incidental, exemplary, punitive, special, or consequential damages (including any loss of data, revenue or profit) arising out of or with your use of this Service, the Website, any content submitted by you or any content submitted by other users, registered or not, even if you have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the company’s liability to you for any cause of action whatsoever, and regardless of the action, will at all times be limited to injunctive relief only, and you are not entitled to damages of any kind, unless otherwise permitted by law.
c. INDEMNIFICATION: You agree to indemnify, defend, and hold theyayacafe, and its officers, directors, subsidiaries, affiliates, parents, assigns, agents, service providers, suppliers, and employees, harmless from and against any and all losses, claims, liabilities, demands, including reasonable attorneys’ fees and costs, made by any third party arising out of or related to your use of the Website or Service, including but not limited to any content submitted by you, your violation of these Terms, any damage you caused to another, your breach of the representations and warranties, and the violation of the rights of another. These obligations survive these Terms and your use of the site.
d. ASSIGNMENT: Users may not assign, convey, or otherwise transfer their rights under these Terms; however, theyayacafe may assign, convey or transfer without any restriction or notice.
e. TERMINATION: Your access and use of the Website and Service is at the sole discretion of theyayacafe. theyayacafe may remove any content and/or terminate your access without notice for any reason, and theyayacafe is not liable for any such termination.
f. MISCELLANEOUS PROVISIONS
i. Governing Law/Venue: These Terms shall be governed by and construed in accordance with the laws of the State of Delhi, India. The state and federal courts in New Delhi, India specifically, shall be the exclusive forum and venue for any disputes that arise under or are related to these Terms. You hereby consent to personal jurisdiction in New Delhi.
ii. Amendment: theyayacafe is free to alter, amend, or change these Terms at any time without notice. The amendments will be prospective only. You are encouraged to review these Terms from time-to-time because they may change without notice, and your use of the Website and Service is governed by the Terms in place at that time.
iii. Entire Agreement: These Terms reflect the entire agreement between you and theyayacafe. You may be subject to additional terms and conditions when you submit, download, access, or use third-party content.
iv. Enforcement: The failure to enforce any Term is not a waiver of such Term. Regardless of any statute, law, or regulation to the contrary, any claim, demand, or cause of action related to the Website, Service or the Terms must be filed within one year after the date it arose, otherwise it will be barred. If any provision or sections of these Terms is found to be invalid by a court of competent jurisdiction, then parties agree that the court should endeavor to give effect to the intent of the parties, and the remaining provisions or section remain in full force and effect.