These Terms and Conditions of Service (the "Agreement") are entered into by and between the subscriber ("you," "your" or "Subscriber") and Saner Apps Private Limited ("DoorVaani.com", "us", or "we").
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. SUBSCRIBER INFORMATION: You acknowledge that you are eighteen (18) years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. You understand that DoorVaani.com relies on the information you supply and that providing false or incorrect information may result in Service delays or the suspension or termination of your Service. You agree to promptly notify DoorVaani.com whenever your personal or billing information changes, including without limitation, your name, address, telephone number, mobile phone number.
2. GENERAL PRICING AND FEES. DoorVaani.com's prices are shown in the website and you will be charged based on the Plan and Options you select during the ordering process. A Subscriber who selects a "Month to Month" Plan (a "Monthly Subscriber") will pay the monthly price(s) listed on the website corresponding to the Plan and Options chosen by such Monthly Subscriber at the time of order. However, such monthly prices are subject at any time to increase to DoorVaani.com's then current prices. A Subscriber who selects a "Prepaid" Plan (a "Prepaid Subscriber") will pay the full amount listed on the website corresponding to the Plan and Options chosen by such Prepaid Subscriber at the time of order. From time to time DoorVaani.com may offer promotional packages to entice new customers to join. Unless otherwise stated, these promotional packages are not valid for existing customers. In addition to regular fees set forth in the website, you agree to pay all other charges, including but not limited to applicable taxes, fees and surcharges, including charges imposed against DoorVaani.com by third party providers that it passes on to you. The taxes and surcharges may vary on a monthly basis and may change at any time without notice; any variations will be reflected in your monthly charge. When possible, DoorVaani.com will break out such charges on the monthly invoice.
3. PAYMENT, LATE FEES AND OTHER CHARGES: There is no money back guarantee for any Services
unless specifically written in a special one time promotion. There are no pro-rated refunds for unused time.
Unless otherwise stated, DoorVaani.com will invoice and charge Subscribers monthly. Subscribers are responsible
for paying monthly subscription fees while Services are suspended due to non-payment. In the event that an
account is terminated for any reason with an outstanding balance, DoorVaani.com will enforce collection of the
outstanding balance until all balances are fully resolved. Subscribers
are responsible for any disputed charges beyond sixty (60) days from the date of the charge. Any account which
goes into collection status will be transferred to a collection agency and incur a reasonable processing fee
and all other applicable fees and charges. Past due accounts will accrue a monthly charge of one and one-half
percent (1.5%) of the past due balance.
You are responsible for all charges attributable to your account incurred with respect to the Services. You agree to notify DoorVaani.com immediately, in writing or by calling the DoorVaani.com customer care line, if you become aware at any time that Services are being stolen or fraudulently used. You are responsible for all usage charges attributable to your account, even if incurred as the result of fraudulent or unauthorized use by third parties, until you report the theft or fraudulent use of the Services. You are solely responsible for securing all passwords and access numbers to guard against and prevent unauthorized access to Services by third parties. DoorVaani.com, may, but is not obligated to, detect or report unauthorized use or fraudulent use of Services. You agree to save, defend, indemnify and hold DoorVaani.com harmless from all claims, costs, liabilities and damages arising out of such fraudulent use.
Call Forwarding. Certain features such as call forwarding may incur outgoing minutes automatically when they are enabled. All forwarded calls count in minutes usage. Before activating these features, consider this usage and whether it will affect your usage thresholds.
4. EQUIPMENT: DoorVaani.com provides the option to lease the Subscriber either new or used equipment for using the Service. All used equipment is provided on as-is basis and you agree to hold DoorVaani.com harmless for any defective equipment. Defective equipment, including the original power supply, must be returned to DoorVaani.com within 10 days of receiving the replacement device. In the event of Service termination by either Subscriber or DoorVaani.com, Subscriber must return to DoorVaani.com all leased equipment, including the original power supplies, in undamaged, usable condition at Subscriber's expense within thirty (30) days of termination. In the event Subscriber does not return the leased hardware to DoorVaani.com in working condition within such thirty (30) day period, Subscriber must pay equipment cost plus applicable taxes per unreturned device to purchase the equipment from DoorVaani.com. In the event Subscriber does not return all original power supplies to DoorVaani.com, Subscriber must pay a Replacement Fee per unreturned power supply at the time the hardware is checked-in. Returned equipment check-in can take up to 3 business days from the date of receipt. Hardware purchased at a retail location or directly from DoorVaani.com is owned by the customer and is exempt from the hardware return policy.
Subscriber Supplied Equipment. DoorVaani.com provides the option for Subscribers to supply their own equipment. If a Subscriber supplies their own equipment, the Subscriber assumes the risk of service incompatibility. Incompatible Subscriber equipment shall not relieve Subscribers from any of their obligations under this Agreement while troubleshooting defective or incompatible equipment even if Subscriber's Service is down during such periods of troubleshooting. DoorVaani.com reserves the right to alter the software on Subscriber's equipment in order to make it compatibile with DoorVaani.com's service. Any device used with DoorVaani.com's service must not be locked or currently provisioned to any other provider and you must have the admin password for said device.
5. TERM: This Agreement is effective upon Subscriber's acceptance as provided above and shall continue until terminated by Subscriber or DoorVaani.com pursuant to this Agreement.
6. TERMINATION BY SUBSCRIBER: Subscriber may terminate this Agreement at any time for any reason by providing DoorVaani.com with a thirty (30) day written notice in the form of a valid written termination request and paying all fees and other charges accrued or otherwise payable under the terms of this Agreement. Notwithstanding the foregoing provisions of this section 6, if DoorVaani.com receives a written termination request from a Subscriber, DoorVaani.com may, in its sole discretion, terminate this Agreement on a date earlier than the date otherwise prescribed by this section 6. DoorVaani.com does not monitor Subscriber accounts for activity, and absence of activity will never constitute a termination request. A written termination request is valid only if it includes your main username, date you wish the service to be cancelled and is submitted using one of the following methods:
- Navigating to http://www.doorvaani.com/cancel and submitting the form as directed
- Via mail to: Saner Apps Private Limited
102 Sarada Enclave
Plot 33, Road 7, Balaji Colony
Hyderabad TG 500090 India
7. TERMINATION BY DoorVaani.com: If, in DoorVaani.com's sole and absolute discretion, (a) a Subscriber is in breach of any of the terms of this Agreement (including but not limited to the Acceptable Use Policy); (b) a Subscriber's use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, DoorVaani.com's servers or other equipment, or the use and enjoyment of other users; (c) a Subscriber acts in an abusive or menacing manner when dealing with DoorVaani.com's technical support staff, customer service staff or any other DoorVaani.com employees or representatives; (d) DoorVaani.com receives an order from a court of competent jurisdiction to terminate a Subscriber's Service; or (e) DoorVaani.com for any reason ceases to offer the Service, then DoorVaani.com at its sole election may terminate or suspend such Subscriber's Service immediately without notice. For a termination in accordance with this paragraph, Subscriber remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement, including without limitation the equipment charges set forth herein, if applicable.
8. TERMINATED SUBSCRIBER: DoorVaani.com, in its sole and absolute discretion may refuse to accept a Subscriber's application for renewal or re-subscription following a termination or suspension of such Subscriber's use of the Service. If a Subscriber's Service is terminated for any reason, such Subscriber, upon approval by DoorVaani.com, may enter into a new Agreement and must pay a new setup or activation fee if applicable. Upon the termination of a Subscriber's use of the Service, DoorVaani.com has the right to immediately delete all data, files and other information stored in or for the Subscriber's account without further notice to the Subscriber.
9. TECHNICAL SUPPORT: DoorVaani.com assumes that all Subscribers possess a basic understanding of their computers and their limitations. DoorVaani.com will not train you in basic computer skills (e.g., deleting files or creating directories). Technical support is intended to facilitate the setup of your properly functioning computer system for access to our services. Your computer must have an active working connection to the internet, required permissions through subscriber and subscriber's ISP firewalls before any technical support will be dispensed. If you are having problems connecting to the internet, you will need to contact your Internet Service Provider (ISP) for assistance getting connected first. Our technical support staff is not trained to, has no obligation to, and will not assist you in installing and/or troubleshooting modems, network cards, routers, complex network configurations or telephone lines, neither will they provide any technical assistance or support for any third party Software. DoorVaani.com is not responsible for connection problems due to a computer that is infected with viruses, spyware or malware. It is the Subscriber's responsibility to initiate and be available for technical support during DoorVaani.com's hours of operation. If a Subscriber wishes to utilize DoorVaani.com's technical support, the Subscriber must be available at the same location as the hardware to help troubleshoot the connection or computer setup. DoorVaani.com assumes no obligation to provide support services for any third party products or services, including but not limited to the quality of the connection provided by the Internet Service Provider (ISP) or for problems with our service caused by third party products or services. It is the responsibility of the subscriber to troubleshoot any issues with third party products or services with the provider of that service. DoorVaani.com does not provide on-site technical support.
9.1 Incompatibility With Other Services
- (a) Non-Voice Equipment Limitations. You acknowledge that our service may not be compatible with all non-voice communications equipment, including but not limited to home security systems, TTY, medical monitoring equipment, TIVO, satellite television systems, PBX, Centrex, other private telephone networks, and dial-up modems. You waive any claim against DoorVaani.com for interference with or disruption of these services and equipment, as well as any claim that DoorVaani.com is responsible for any disruption to your business, if applicable.
- (b) Hardware Compatibility Issues. There may be other internet services or hardware with which our service may be incompatible, including but not limited to: Fixed Wireless, Satellite, and Power over Ethernet connections. Some providers of broadband service may provide modems that prevent the transmission of communications using our service. We do not warrant that our services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of our service with any particular broadband service.
10. WARRANTIES AND LIMITATIONS OF LIABILITY: YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT
AND SOFTWARE SUPPLIED HEREUNDER ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS
OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY
FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY DOORVAANI.COM (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR
EQUIPMENT). DOORVAANI.COM (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS,
PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE
OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY DOORVAANI.COM OR ITS
REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF DOORVAANI.COM TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.
DOORVAANI.COM DOES NOT WARRANT OR GUARANTEE THAT OUR SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF DOORVAANI.COM HAS ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF OUR SERVICE IS SUBJECT TO CIRCUIT AVAILABILITY AND OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR DOORVAANI.COM SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY PROVIDED EQUIPMENT, PURSUANT TO THE TERMS OF THIS AGREEMENT).
DOORVAANI.COM DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY DOORVAANI.COM WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED OR ERROR-FREE. DOORVAANI.COM SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. DOORVAANI.COM MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR THE INTERNET. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, THE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY. YOU AGREE NOT TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.
IN NO EVENT SHALL DOORVAANI.COM (OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF DOORVAANI.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 10 ALSO APPLY TO DOORVAANI.COM'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH DOORVAANI.COM (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), DOORVAANI.COM'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
DOORVAANI.COM RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)
WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS DOORVAANI.COM (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEMENT OR SUBJECTING DOORVAANI.COM (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIONAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF DOORVAANI.COM (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES, IF ANY.
11. INDEMNIFICATION: You agree to defend, indemnify and hold harmless DoorVaani.com and its officers, directors, members and employees from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service, the Software, the Equipment or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, the Software, the Equipment or the Internet.
12. REVISIONS: DoorVaani.com may revise the terms and conditions of this Agreement from time to time (including any of the policies which may be applicable to usage of the Service) by posting such revisions to our website at http://www.doorvaani.com/termsofuse. You agree to visit this page and the links therein periodically to be aware of and review any such revisions. Increases to the monthly price of the Service for Monthly Subscribers shall be effective beginning with the calendar month following the calendar month in which such increases are posted. Revisions to any other terms and conditions shall be effective upon posting. By continuing to use the Service after revisions are in effect, a Subscriber accepts and agrees to the revisions and to abide by them. Any Subscriber who does not agree to the revision(s) must terminate their Service immediately.
13. ASSIGNMENT: You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. DoorVaani.com may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.
14. DISPUTE RESOLUTION WITH DOORVAANI.COM BY BINDING ARBITRATION. PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS. Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting DoorVaani.com customer care. In the unlikely event that DoorVaani.com's customer care department is unable to resolve a complaint you may have to your satisfaction, both parties agree to resolve such disputes through binding arbitration, instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim, DoorVaani.com agrees to pay all costs of the arbitration, but in no event shall DoorVaani.com be responsible or costs incurred in bringing an action in court, unless directed otherwise by the court. In arbitration you are entitled to recover attorneys' fees from DoorVaani.com to at least the same extent as you would be in court. Further, under certain circumstances (as explained below), DoorVaani.com will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what DoorVaani.com has offered you to settle the dispute.
14.1 Arbitration Agreement
(a) DoorVaani.com and you agree to arbitrate all disputes and claims between you and DoorVaani.com of US$3,000 and
greater. All claims less than $3,000 shall be addressed in small claims court. This agreement to arbitrate is intended
to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
- (b) A party who intends to seek arbitration must first send to the other a written notice of the dispute by certified/ registered mail ("Notice"). The Notice to DoorVaani.com should be addressed to: Saner Apps Private Limited, 102 Sarada Enclave, Plot 33, Road 7, Balaji Colony, Nizampet, Hyderabad TG 500090 India ("Notice Address"). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). If DoorVaani.com and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or DoorVaani.com may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by DoorVaani.com or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or DoorVaani.com is entitled.
- (c) The arbitrator is bound by the terms of this agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless DoorVaani.com and you agree otherwise, any arbitration hearings will take place in Hyderabad, AP India. If your claim is for INR 10,000 or less, or the equivalent amount in the currency of your account, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.
(d) If, after a finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is
greater than the value of DoorVaani.com's last written settlement offer made before an arbitrator was selected, then
- pay you the amount of the award; and
- pay your attorney, if any, the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").
- (e) The right to attorneys' fees and expenses discussed in paragraph (d) supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs.
- (f) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND DOORVAANI.COM AGREE THAT EACH 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. Further, unless both you and DoorVaani.com agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
- (g) Notwithstanding any provision in this Agreement to the contrary, we agree that if DoorVaani.com makes any future change to this arbitration provision (other than a change to the Notice Address) during the period of time that you are receiving Services, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
- (a) DoorVaani.com and you agree to arbitrate all disputes and claims between you and DoorVaani.com of US$3,000 and greater. All claims less than $3,000 shall be addressed in small claims court. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
15. CHOICE OF LAW: In the event of a dispute between us, whether in litigation or arbitration, the laws of India shall govern. To the fullest extent permitted by law, you and DoorVaani.com agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. COMPLIANCE: DoorVaani.com's failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that provision is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.
17. THINGS BEYOND DoorVaani.com'S CONTROL: DoorVaani.com will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.
18. ENTIRE AGREEMENT: This Agreement, including all policies posted on DoorVaani.com's website, which are fully incorporated into this Agreement by reference, constitutes the entire agreement between you and DoorVaani.com with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.
19. NOTICE: Notices by DoorVaani.com to you shall be deemed given: (a) when sent to your primary contact email address, (b) when deposited in the mail addressed to you at the address you have specified in your account options or (c) when hand delivered to your home, as applicable.
20. ACCEPTABLE USE: Subscriber agrees to use the Service in accordance with DoorVaani.com's acceptable use policy ("Acceptable Use Policy"), published at http://www.doorvaani.com/aup. DoorVaani.com reserves the right to make changes to the Acceptable Use Policy without notice.
22. SURVIVAL: All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including without limitation, those provisions relating to Warranties and Limitation of Liability and Indemnification, shall survive such termination, cancellation or expiration.
23. ELECTRONIC COMMUNICATIONS: When you visit DoorVaani.com, sign up for service with us, or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically in return. It is the responsibility of the subscriber to maintain and update a valid email address with DoorVaani.com at all times. DoorVaani.com will not be held responsible for interruptions in service or cancellation of service for non payment due to an email not being received by the subscriber or filtered out by the email provider being utilized by the subscriber. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. DoorVaani.com sends regular account notifications, balance notifications, and subscription renewal emails, these emails cannot be opted out of. Periodic newsletters and feature update announcements can be opted out of by the subscriber by clicking a link at the bottom of all optional email correspondence.
24. ACCOUNT USERNAME: The primary username on a customer account may not be changed after the account has been created.