Limitation of Authority:
User shall have no authority to bind, obligate, or commit THE AVS TECHNOLOGY in any manner, including by any promise or representation, whether oral or written, unless specifically authorized by THE AVS TECHNOLOGY in writing.
Disputes:
In the event, any dispute, arbitration, or litigation arises out of, in connection with, or as the result of any act performed by User pursuant to this agreement, or failure to perform, as the case may be, User shall cooperate fully with THE AVS TECHNOLOGY in an effort to resolve same. User agrees to indemnify and hold THE AVS TECHNOLOGY harmless of and from any and all claims, demands, suits, and liabilities, including costs and attorney’s fees, to which THE AVS TECHNOLOGY may be subjected by reason of or in connection with any proceeding arising out of the conduct or omissions of User. It is the policy of THE AVS TECHNOLOGY to avoid litigation whenever possible but the decision whether or not to enter into or maintain litigation shall be the decision of THE AVS TECHNOLOGY alone. This obligation shall survive the termination or expiration of this Agreement.
Termination of Agreement:
Either party may, at any time, terminate this Agreement for any reason or for no reason at all. However, each shall continue to comply with any and all obligations of this Agreement that are intended to survive its termination or expiration. User understands that in the event of termination or expiration, User will receive the balance recharge User has earned acceptable. THE AVS TECHNOLOGY and User shall deal with each other fairly and in good faith relative to this Agreement. User further understands that if User has participated in any incentive promotion pursuant to which User may be entitled to a bonus, trip, or any kind of award/ rewards, User will not be entitled to same if it was not actually received prior to the date of termination. THE AVS TECHNOLOGY may terminate User accounts without prior notice if any suspicious activity is found which comes in the way of the natural or intended functioning of THE AVS TECHNOLOGY. Termination of user accounts will be at the sole discretion of THE AVS TECHNOLOGY.
Breach of Agreement:
User understands and agrees that any breach or threatened breach by User of the non-competition and non-disclosure provisions contained in this Agreement will cause THE AVS TECHNOLOGY substantial, irreparable harm which is difficult to measure and that THE AVS TECHNOLOGY, therefore, may obtain an injunction against such conduct and User consents thereto. This right is in addition to any other rights THE AVS TECHNOLOGY may have against the User for breach of this Agreement. Therefore, whenever THE AVS TECHNOLOGY may apply for a restraining order or injunction against the User for breaching or threatening to breach this Agreement as described above, the User waives any notice to which the User may be entitled and consents to such restraining order or injunction. If THE AVS TECHNOLOGY proceeds against User in the state court for Delhi, or the Indian High Courts/ Supreme Court situated in or closest to said area of Delhi, on any cause of action arising out of this Agreement, User agrees that such court may exercise personal jurisdiction over User. In the event of any breach of this Agreement by User, User agrees to pay THE AVS TECHNOLOGY all losses and damages sustained as a result thereof, as well as court costs, attorney fees, and related expenses.
Other Miscellaneous Terms:
THE AVS TECHNOLOGY services are available only to and can only be used by an individual who can form legally binding contracts as per the prevailing laws in India. The term individual shall only include a living person and does not include all other legal creations. The services are not available to minors under the age of 18 or to any users suspended or removed from accessing THE AVS TECHNOLOGY for any reason. Each notice to either THE AVS TECHNOLOGY or User required hereunder shall be in writing and emailed to the addresses provided by the parties unless and until any such address is changed in writing. THE AVS TECHNOLOGY and User shall exercise best efforts to communicate to the other any such change in address. Such notices shall be deemed given when mailed by certified mail, return receipt requested. Any written notice may be personally delivered, but personally delivered notices shall be deemed given only on the date of actual receipt. This Agreement contains the entire understanding and agreement between the parties with respect to the terms and conditions of the User’s independent contractor relationship with THE AVS TECHNOLOGY. THE AVS TECHNOLOGY reserves the right to make changes to the Site, related policies and agreements, the terms of services and the Privacy Policy at any time without prior notice to the user. THE AVS TECHNOLOGY may assign this Agreement to any successor to all or part of its business or to any parent, subsidiary, or an affiliated company. User may not assign this Agreement, or any part thereof, without THE AVS TECHNOLOGY‘s written consent. This Agreement shall be governed and interpreted in accordance with the laws of India. If any provision of this Agreement is declared invalid under such laws, the validity of the other provisions shall not be affected thereby and that part shall remain enforced. Furthermore, the User agrees to abide by all local, state and national laws where applicable while serving in the capacity of Independent Contractor/ User to THE AVS TECHNOLOGY. This Agreement supersedes any prior understanding or agreements between the parties. Once a user agrees to the Terms & Conditions, it automatically implies that they are a consenting adult. When the user logs into the The AVS Technology website they agree to use The AVS Technology with their due consent. It shall be the user’s responsibility to read and understand the terms and conditions of the agreement and privacy policy updated from time to time and THE AVS TECHNOLOGY shall not be responsible for any failure therein on the part of the user.
