Terms of use

The domain name www.eAudition.in and the eAudition mobile apps available through Google play and Apple App store (hereinafter referred to as the "Website") is owned and operated by NRM EAUDITION PVT. LTD. ("NEPL” for short). The Web Site is offered to you conditional upon your acceptance of these Terms of Use. Your use of and access to the Web Site constitutes your acceptance.

For the purpose of these Terms of Use, wherever the context so requires "You" or "Auditioner" shall mean any natural or legal person or entity who has agreed to become a auditioner / eAuditioner / Artist /members/ auditioners /information provider/ trader/advertiser on the Website by providing Registration Data while registering on the Website as Registered Artist / Auditioner using the computer systems. The term "We", "Us", "Our" shall mean NEPL.

By using, accessing, viewing, subscribing to services offered by the Website, including any webpage, feature, information, data contained therein you agree to be bound by and abide by the terms and conditions under which these services are offered. You should not use any of the services offered by the Website in case any of the terms and conditions are not acceptable to you.

You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to represent and bind the other party to this Agreement. You shall not use this Service if you are not competent to contract under the applicable laws, rules and regulations.

This Agreement shall continue to be in full force and effect for so long as you are using the services offered by the Website. NEPL may at any time modify the terms and conditions ("Terms") of the Service without any prior notification to you. You can access the latest version of the Terms here at any given time. You should regularly review the Terms. In the event the modified Terms are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you agree to accept and abide by the modified Terms.

NEPL may periodically amend these Terms of Use, which will be posted online. As you are bound by these Terms of Use, you should periodically review this page.

Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

A.PLATFORM FOR TRANSACTION AND COMMUNICATION

  1. The Website is an online auditioning platform helping anyone audition from anywhere and serves as a marketplace for Artists and Auditioners that provides them the convenience of conducting online auditions and save on various costs, time and hassles. NEPL is not and cannot be a party to or control in any manner any transaction between the Website's Auditioners.

  2. The Website acts as a mere venue/platform for our members to register and showcase their talent from anywhere to various auditioners like Production houses, casting directors, advertising agencies, individuals, etc, through our on-line exchange. The Website serves as a mere platform providing the aspiring artists the convenience to see the audition requirements posted by the auditioners and accordingly shoot their audition video and submit it to the auditioner through the platform. We do not take part in the shortlisting/ selection/rejections, which are solely decided at the prerogative of the auditioner and hence are not a party to any contract for services negotiated between members and auditioners. All transactions will be the responsibility of the members only. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between NEPL and other party.

  3. All commercial/contractual terms are purely offered by and agreed to between members and the auditioners. Eaudition is merely a facilitator between artist & auditioner and is not responsible for selection or rejections of members. The service fee charged by NEPL is purely towards the above mentioned facilitation. NEPL does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the members and auditioners.

  4. NEPL does not make any representation or warranty as to specifics (such as quality, value, etc) of the services proposed to be availed on the Website.

  5. NEPL does not implicitly or explicitly support or endorse the services offered by the auditoners through the Website.

  6. NEPL accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

  7. NEPL is not responsible for any non-performance or breach of any contract entered into between members and auditioners. NEPL cannot and does not guarantee that the concerned members and/or auditioners will perform any services concluded on the Website.

  8. NEPL shall not and is not required to mediate or resolve any dispute or disagreement between members and auditioners.

  9. NEPL does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Auditioners. You are advised to independently verify the bona fides of any particular Auditioner that You choose to deal with on the Website and use Your best judgment in that behalf.

  10. NEPL does not at any point of time during any transaction between members and auditioners on the Website come into or take possession of any of the services offered by auditioners nor does it at any point gain title to or have any rights or claims over the services offered by auditioners to members.

  11. At no time shall NEPL hold any right, title or interest over the services nor shall NEPL have any obligations or liabilities in respect of such contract entered into between members and auditioners. NEPL is not responsible for unsatisfactory or delayed performance of services or damages or delays by the auditoners.

  12. The Website is only a platform that can be utilized by members at their convenience to see the audition requirements posted by the auditioners and accordingly shoot their audition video and submit it to the auditioner through the platform to reach a larger base of auditoners. NEPL is only providing a platform for communication and it is agreed that the contract for services shall be a strictly bipartite contract between the auditioners and the members.

  13. At no time shall NEPL have any obligations or liabilities in respect of such contract.

  14. You shall independently agree upon the manner and terms and conditions with the auditioner(s) that You transact with

B.YOUR EAUDITION.IN ACCOUNT

  1. To avail of and use the Services offered by the Website you will have to register with the Website. As a part of registration process you agree to provide NEPL current, complete, and accurate registration information as prompted to do by the Service and to maintain and update this information as required to keep it current, complete and accurate.

  2. If you provide any information that is untrue, inaccurate not current or incomplete or NEPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NEPL has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website.

  3. You shall be responsible for maintaining the confidentiality of your password, which you will not be under an obligation to reveal to any representative or agent of NEPL. Membership is non-transferable.

  4. You further consent to receive communications from NEPL electronically. NEPL will communicate with Auditioners by email or by posting notices on the Site/Service. This service is provided to you as a matter of convenience. You may be able to post, submit, transmit, share, upload any data, comment, messages, files, videos, audios, photographs, pictures, images, graphics or any other material or a combination thereof ("Content") on the Service as per the respective terms and conditions thereto

C.USING OUR SERVICES

  1. Auditioner must follow any and all policies made available by NEPL

  2. In connection with your use of the Services, NEPL may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

  3. You agree and undertake that you shall not host, post, upload, display, modify, publish, transmit, update or share any information content/material that:

    1. Belongs to another person and to which you don't have any right to; copyrighted content owned by a third party unless you have the express consent, permission, license, authority of the rightful owner
    2. Violates/infringes any patent, trademark, trade secret, copyright or any other proprietary or privacy rights of any third party.
    3. Is grossly harmful, blasphemous, paedophilic, false, misleading, unlawful or with the intent to defraud, harass, abuse, intimidate, accuse, impersonate or harm the feelings of anyone; illegal, obscene, pornographic, vulgar, provocative, defamatory, indecent, libelous, hateful, or racially, ethnically objectionable, disparaging, threatening, impersonating another person, enticing/harming of minors in any way, infringing of intellectual property rights, proprietary rights of any third party, invasive of privacy or public rights or any other third party rights or otherwise injurious or objectionable, elicit response relating to illegal activity, contain viruses is an expression of bigotry or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality; relating or encouraging money laundering or gambling or otherwise unlawful in any manner.
    4. Promotes or provides any instructional information about illegal activities.
    5. Contains software viruses or any other computer codes, files or programs that would interrupt, destroy or limit the functionality of this Site/Service or any software, network, servers, hardware or any other related equipment, any computer resource.
    6. Violates any applicable laws or regulations for the time being in force.
    7. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
    8. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  4. You agree and understand that that the auditioner can modify / delete / cancel / suspend etc. his requirement / posting and the auditioner reserves its rights at any point of time to postpone and / or cancel the shooting and / or telecast of the program for which the auditioner has conducted/ shall be conducting the eaudition.

  5. You agree and acknowledge that any Video and/ or Content/material/image, uploaded or posted by you is lawfully owned by you. By posting the Content you represent and warrant that you own or otherwise control all the rights including without limitation the right necessary to provide, post, upload, and submit the Content.

  6. For any Videos and / or Content posted by you, actions undertaken on any/all Services under your account till date you grant a worldwide, royalty free right to NEPL and to the general public to use, reproduce, disclose, exhibit, display, transform, edit, translate, create, distribute or transmit the material without limitation or restriction with or without having your name attached/attributed/displayed/assigned to such Content.

  7. When you upload or otherwise submit videos/ content to our Services, you give NEPL (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make), communicate, publish, publicly perform, publicly display and distribute and exploit such content for our use as per our requirement. This license continues even if you stop using our Services.

  8. You further agree and acknowledge that NEPL shall be free to use any ideas, concepts, techniques, know-how contained in any Content posted/uploaded by you, for any purpose including but not limited to publicity, promotion, advertising, developing/marketing products or use such information without compensation or any other obligations to anyone including you.

  9. You further agree and acknowledge that NEPL is under no obligation to post or use any content/material uploaded/posted by you.

  10. You agree and acknowledge that the content posted, uploaded, accessed, bookmarked or shared by you across the Website can be accessed, copied, stored, used publicly by all other auditioners whether registered or not.
  11. NEPL Services include public areas - that are accessible by all the auditioners whether registered or not with NEPL and You shall be solely responsible for any Content uploaded, posted or shared by you.
  12. By submitting the information to us, you represent and warrant that such submission is accurate, is not confidential and is not in violation of any contractual restrictions or other third party rights. You must consider and decide yourself the extent to which you wish to reveal information about yourself to the large community of auditioners and to NEPL. You must not communicate any information which could be harmful/damaging/detrimental to you.

  13. NEPL offers various services such as chat rooms, blogs, etc, where you can post and share your views, observations and comments on various issues/designated topics. NEPL cannot guarantee that the other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the service.

  14. You further agree, understand and acknowledge that NEPL is an intermediary/service provider which facilitates/provides access to the communication system over which the information is made available by the third parties. As such NEPL does not

    1. initiate the said transmission or
    2. select the receiver of said transmission or
    3. select or modify the information contained in the said transmission.
  15. NEPL is under no obligation to monitor or review the auditioner contributed content.

  16. NEPL assumes no responsibility for the content, no obligation to modify or remove any inappropriate messages/content and no responsibility for the conduct of any auditioner of this service.

  17. However, NEPL reserves the right to review the content posted and to remove any content at its sole discretion.

  18. NEPL does not permit or authorize infringement of intellectual property rights and reserves the right to remove the content without any prior intimation, upon proper notification that such member uploaded content infringes the intellectual property rights including the copyright of the rightful owner.

  19. The information/content provided on this site is intended for personal non-commercial use. Other than what is expressly provided herein, you agree and undertake not to download, use, copy, reproduce, distribute, display, broadcast, sale, license or otherwise exploit for any purpose any content without the prior written consent of the respective rightful owners

  20. The Website displays some content that is not created by NEPL. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. NEPL is not responsible for the availability of these outside resources or their contents, nor does it endorse or is it responsible for any of the advertising, products or other material on such contents. NEPL shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use of, or reliance on, such content. Any concerns regarding an external content should be directed to its responsible site administrator or webmaster.

  21. You agree that

    1. The Videos and / or Content have been voluntarily posted by you and you understand and hereby confirm that you have understood the services provided by NEPL and the manner in which it shall and/ or may be use the Videos and / or Content
    2. For no consideration, you authorize NEPL and its affiliates, subsidiaries, licensees, successors and assigns to make use and / or exploit the Videos and / or Content in any manner that they deem fit.
    3. You agree that the Videos and / or Content uploaded by me, the recording of my voice, conversation and sounds, including any performance, my views and opinions exchanged in the Vidoe, can be exhibited or distributed by NEPL in whole or in part without restrictions or limitation by NEPL, and those acting pursuant to its authority, as may be deemed appropriate during and in connection with my Video and/ or Content and that NEPL shall be the exclusive owner of the results and proceeds of such Videos and/ or Content and recording with the right, throughout the world, an unlimited number of times in perpetuity, to copyright, to use and to license others to use, in any manner, all or any portion thereof or of a reproduction thereof in connection with the Videos and/ or Content or otherwise. For purposes of clarity, you expressly waive any and all moral rights you may have in connection with the Videos and/ or Content uploaded by you.
    4. You further agree that NEPL may use and license others to use my, Videos and/ or Content, in any and all media and in the promotion, advertising, sale, publicizing and exploitation of the services and/or otherwise in connection with the services and in connection with the Company or Company’s affiliated services, throughout the world in all media, an unlimited number of times in perpetuity in all media, now or hereafter known, to use (in any manner it deems appropriate, and without limitation) in and in connection by whatever means exhibited, advertised or exploited.
    5. You further represent that any statements made by you in your Videos and/ or Content are your personal views and opinions, and that neither they nor your appearance will violate or infringe upon the rights of any third party.
    6. You hereby waive any right of inspection or approval of your appearance, Videos and/ or Content (blurred / pixalated) or the uses to which such appearance, Videos and/ or Content may be put. You acknowledge that you will rely on this permission potentially, at substantial cost to you and hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder.
    7. You agree and accept that NEPL is sole owner of the Videos and/ or Content uploaded by you on our Website.
    8. On your own behalf, and on behalf of your heirs, next of kin, executors, administrators, successors and assigns, you hereby release NEPL, its directors, agents, licensees, successors and assigns, from any and all claims, liabilities and damages arising out of the rights granted hereunder into your Videos and/ or Content, or the exercise thereof.

D.Auditioners

  1. As a registered auditioner, you are allowed to list the requirements on the Website in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must ensure that the listed requirements do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your requirement. All listings must be listed in an appropriate category on the Website

  2. The listing description must not be misleading and must describe actual requirement of the service.

E.Fees

Fees for availing the services offered by NEPL is as it shows on the website, however due to any technical issue, typographical error or service information received from our Auditioners, the fees may vary. NEPL will try to be accurate, however if you come across any difference in fees on the platforms we request you to contact us immediately.

F.Payments

Payments for the services available on the Site may be made in the following ways:

  1. Payments can be made by Credit Cards, Debit Cards, Net Banking and reward points.
  2. Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order

G.Refund and Cancellation

  1. NEPL hopes that you never have to cancel or return a product.

  2. Once the service is availed, the transaction cannot be cancelled and the fees will not be refunded under any circumstances

  3. We mandate that members take utmost care before subscribing to our paid services as fees once paid cannot be refunded.

  4. NEPL reserves the right to cancel any services without any explanation for doing so. However, NEPL will ensure that any communication of cancellation of any service, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.

H.Privacy Policy

EAudition.in’s Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that NEPL can use such data in accordance with our privacy policies.

I.Business uses of our services

  1. If you are using our Services on behalf of a business, that business accepts these terms.

  2. It will hold harmless and indemnify NEPL and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

J.External links and adervertisments

  1. The Website may contain hyperlinks to Internet sites and resources operated by third parties. These linked websites are not under the control of NEPL. NEPL is not responsible for the availability of these outside resources or their contents, nor does it endorse or is it responsible for any of the contents, advertising, products or other material on such sites.

  2. NEPL shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use of, or reliance on, any content, goods or services available on such sites. Any concerns regarding an external link should be directed to its responsible site administrator or webmaster.

  3. The Website may also contain third party advertisements embedded with hyperlinks to third party web sites. All such advertisings are paid for by the relevant third party advertiser and are not recommendations or endorsements by NEPL or its affiliates. You should refer to the relevant advertiser for information on its products and/or services.

K.Restrictions on use of materials

  1. No material from the Website or any website owned, operated, licensed or controlled by NEPL may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices.

  2. Modification of the materials or use of the materials for any other purpose is a violation of eAudition.in copyright and other proprietary rights. For purposes of this Terms of Use, the use of any such material on any other web site or networked computer environment is prohibited.

  3. In the event you download software / program from this Website, the software / program , including any files, images incorporated in or generated by the software / program , and data accompanying the software / program are licensed to you by NEPL.

  4. NEPL retains full and complete title to the software / program , and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the software / program to a human-perceivable form.

  5. The trademarks, logos and service marks of NEPL and/or its affiliates are collectively referred to as the "Trademarks". Nothing contained in the Website should be construed as granting, by implication, estoppels or otherwise, any license or right of use of any Trademark displayed on the Website without the written permission of NEPL or its third party owner.

L.Submissions

  1. NEPL is pleased to hear from its members and auditioners and welcomes your comments regarding NEPL services.

  2. However, NEPL’s company policy does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested.

  3. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by NEPL 's professional staff might seem to others to be similar to their own creative work.

  4. Accordingly, we must ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services, we request that you be specific in your comments on those services, and not submit any creative ideas, suggestions or materials.

  5. If, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of NEPL.

  6. None of the Information shall be subject to any obligation of confidence on the part of NEPL and NEPL shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, NEPL shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

  7. If you provide NEPL with any Information, you shall be deemed to have waived any rights, interest and ownership in the Information.

M.Jurisdictional issues

  1. To the fullest extent permitted by applicable law, NEPL makes no representation that materials in the site are appropriate or available for use in any locations.

  2. Those who choose to access this site from any location do so on their own initiative and are responsible for compliance with their local laws, if and to the extent local laws are applicable.

  3. This Agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, in all disputes arising out of or relating to the use of the NEPL sites/services. Use of the Website /services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold NEPL, its subsidiaries, affiliates, officers, directors, employees, and representatives harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the NEPL Websites/services.

N.Termination

NEPL reserves the right to terminate your access to all or part of this Website, with or without notice.

O.Disclaimer

The SERVICES IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEPL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SERVICES AND FITNESS FOR A PARTICULAR PURPOSE. NEPL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE MATERIALS WILL MEET YOUR REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE WEBSITE WILL BE MAINTAINED. NEPL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT NEPL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

P.Limitation of liability

  1. To the fullest extent permitted by applicable law, NEPL excludes all liability for any direct, indirect, incidental, special or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from (a) the use or the inability to use the Web Site; (b) unauthorized access to or alteration of your transmissions or data, even if NEPL has been advised of the possibility of such damages.

  2. You further agree that NEPL is not responsible or liable to you for any threatening, defamatory, obscene, offensive or illegal conduct of other members and / or auditioners or any infringement of another's rights, including intellectual property rights, occurring on or through the Website.

  3. To the extent permitted by law, the total liability of NEPL, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to offering you the Services again).

  4. In all cases, NEPL will not be liable for any loss or damage that is not reasonably foreseeable

  5. We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.

  6. If you are dissatisfied with the Website, the materials available on it, or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Website.

  7. If you are dissatisfied with the Website, the materials available on it, or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Website.

Q.Indemnification, liability for altering, tampering

  1. You agree to indemnify, defend and hold harmless NEPL and its parents, subsidiaries, affiliates, officers, directors and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with your use of or conduct on the Website, content or messages posted or transmitted by you on or through the Website.

  2. NEPL reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations. You hereby agree that if you unauthorisedly alter, access or tamper with the Website or any of the material contained in the Website you shall be liable for all loss and damages suffered by NEPL or any third party on account of such acts.

Modification to the web site

NEPL reserves the right to modify or discontinue the Website without prior notice. NEPL shall not be liable to you for any modification to or discontinue of the Website.

R.About these terms

  1. NEPL may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services.

  2. You should look at the terms regularly. NEPL will post notice of modifications to these terms on this page. NEPL will post notice of modified additional terms in the applicable Service.

  3. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted.

  4. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

  5. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

  6. These terms control the relationship between NEPL and you. They do not create any third party beneficiary rights.

  7. If you do not comply with these terms, and if NEPL does not take action right away, it does not mean in any way that NEPL is giving up any rights that NEPL may have (such as taking action in the future).

  8. If any of the terms which form a part of this Terms of Use, is established to be not enforceable, it will not affect any other terms.

S.Miscellaneous

This agreement shall be governed by and construed in accordance with the laws of Mumbai, India, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and NEPL relating to the subject matter herein. I have read and understood this agreement and agree to be bound by and abide to this agreement.