Index

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

User Agreement

Welcome to www.salesinn.com. By your use of Salesinn website (including www.salesinn.com, http://apps.facebook.com/ebestmart, http://apps.facebook.com/cliknpik hereinafter referred to as "The Website" or "Salesinn") and services and tools on this website, you shall be contracting with M/s E BEST and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website.

The term "E BEST" or "us" or "we" or "our" refers to the owner of the website whose registered office is 404/8, Manasarovar Heights 2, Sai Sagar Enclave, Secunderabad 500009. Our organization registration number is '28732594629'. The term 'you' refers to the user or viewer of our website.

For the purpose of these terms of use, Registered User / Guest User and wherever the context so require "You" shall mean any natural or legal person who has agreed to become a member of the website by providing 'Registration Data' (as defined hereinafter) while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself a unique identification user name ("User ID" and "Password") to become Registered User or have been identified as Guest User by providing email id.

As a new Registered User/ Guest User, this User Agreement shall be effective and binding upon your "acceptance". "Acceptance" shall mean your affirmative action in clicking on "check box" and on the "Register" button as provided on the registration page . If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Salesinn Rules and Policies , please do not click on the "check box" and on the "Register" button and do not seek to obtain access to or otherwise use the Website.

1. Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or place order for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. Salesinn reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Salesinn's notice or if it is discovered that you are under the age of 18 years.

• If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.

2. Your Account and Registration Obligations

If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password, and for restricting access to your computer, computer system and computer network,and you are responsible for all activities that occur under your User ID and Password, email id as the case may be. You agree, inter alia, to: 1. Provide true, accurate, current and complete information about yourself as prompted by Salesinn's registration form (such information being the "Registration Data") 2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Salesinn has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Salesinn has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

3. Electronic Communications

When You use the Website or send emails or other data, information or communication to Salesinn, You agree and understand that You are communicating with Salesinn through electronic records and You consent to receive communications via electronic records from Salesinn periodically and as and when required. Salesinn will communicate with You by email or electronic records on the Salesinn Website which will be deemed adequate service of notice / electronic record.

4. Fees and Services

Membership on the Website is free. Salesinn does not charge any fee for browsing and buying on the Website. However, before you list an item for sale through the Website, we request you to review our Fees and Credit Policy which is hereby incorporated by reference into this agreement. Salesinn reserves the right to change its Fee and Credit policies from time to time. In particular, Salesinn may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Salesinn reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and Credit policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Salesinn within such time as specified in the invoice. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Salesinn.

4.1 Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

4.2 Non payment: Salesinn reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to Salesinn. Salesinn also reserves the right to take legal action in case of non-payment of fees by you to Salesinn.

4.3 While availing any of the payment method/s offered at Salesinn, Salesinn will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

4.3.1. Lack of authorization for any transaction/s, or

4.3.2.Exceeding the preset limit mutually agreed by you and between your "Bank/s", or

4.3.3.Any payment issues arising out of the transaction, or

4.3.4.Decline of transaction for any other reason/s.

All payments made against the purchases/services on Salesinn by you shall be compulsorily in Indian Rupees acceptable by the Union of India. Salesinn does not accept any other form of currency with respect to the purchases made on Salesinn.

5. Use of the Website

5.1. You understand and agree that Salesinn and the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. Salesinn neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. Salesinn has no control over the third party user generated contents.

5.2. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

1. "Your Information" is defined as any information you provide to us or other users of the Website ("Users") in the registration (as Registered User), bidding, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.

2. You shall not host, display, upload, modify, publish, transmit, update or share any information:

(a) belongs to another person and to which You does not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(c) misleading in any way;

(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(e) harasses or advocates harassment of another person;

(f) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";

(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(h) infringes upon or violates any third party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(l) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(m) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(n) contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).

(o) tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(p) engages in commercial activities and/or sales without Salesinn's prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites. Throughout this Terms of Use, Salesinn "prior written consent" means a communication coming from Salesinn Legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;

(q) solicits gambling or engages in any gambling activity which Salesinn, in its sole discretion, believes is or could be construed as being illegal;

(r) interferes with another user's use and enjoyment of the Salesinn Website or any other individual's user and enjoyment of similar services;

(s) refers to any website or URL that, in the sole discretion of Salesinn, contains material that is inappropriate for the Salesinn or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(t) harm minors in any way;

(u) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;

(v) violates any law for the time being in force;

(w) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(x) impersonate another person;

(y) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(z) 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.

(aa) shall not be false, inaccurate or misleading;

(ab) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

(ac) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

3. Solely to enable Salesinn to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Salesinn will only use Your Information in accordance with the User Agreement and Salesinn's Privacy Policy.

4. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.

5. In the event that any transaction or attempted transaction relating to any item, good or service which is violative of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform Salesinn of the same. If you are a Registered User, you may contact Salesinn at http://www.salesinn.com/portal/contact.php

6. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items. You shall not engage in any transaction in an item, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Arts and Antiquities Act, and shall ensure that it is not delivered to any buyer (as defined under the Buying section) at any place outside India.

7. From time to time, you shall be responsible for providing information relating to the items proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items so as to mislead other Users in any manner.

8. You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to Salesinn, and incorporated by way of reference in this Agreement.

6. Platform for Communication

The Website is only a venue where Users may meet and interact with one another for their transactions. Salesinn is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:

1. All commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. Salesinn does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers.

2. Salesinn is not responsible for any non-performance or breach of any contract entered into between Registered Users. Salesinn cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Salesinn shall not and is not required to mediate or resolve any dispute or disagreement between Users.

3. Salesinn does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items proposed to be sold or offered to be sold or purchased on the Website. In particular, Salesinn does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Salesinn accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

4. Salesinn does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.

5. Salesinn does not at any point of time during any transaction between buyer and seller on Website come into or takes possession of any of the goods or services offered by seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by seller to buyer.

6. The Website is only a venue through which Users can reach a larger base to buy and sell items or services. Salesinn is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Winning bidder/buyer. At no time shall any right, title or interest over the items vest with Salesinn nor shall Salesinn have any obligations or liabilities in respect of such contract. Salesinn is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.

7. At no time shall any right, title or interest over the items vest with Salesinn nor shall Salesinn have any obligations or liabilities in respect of such contract. Salesinn is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered by sellers are only for a restricted time and only for the available supply as offered by sellers.

8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.

9. You release and indemnify Salesinn and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Salesinn cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.

7. Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at http://www.salesinn.com/policy/prindex.php?content=privpol. If you object to your Information being transferred or used in this way please do not use the Website.

8. Your Consent

By using the Site and/or by providing your information, you consent to the collection and use of the information you disclose on the Site by Salesinn in accordance with Salesinn Privacy Policy http://www.salesinn.com/policy/prindex.php?content=privpol.

9. Breach

Without limiting other remedies, Salesinn may limit your activity, immediately remove your information or bids, or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:

1. If you breach the User Agreement or Privacy Policy or Salesinn Payment User Agreement or Salesinn Payment Seller Terms and Conditions or the documents, agreements rules, policies, terms and conditions these incorporated herein by reference;

2. If Salesinn is unable to verify or authenticate any information you provide; or

3. If it is believed that your actions may cause legal liability for you, other Users or Salesinn. Salesinn may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Salesinn or use the Website in any manner whatsoever until such time that such User is reinstated by Salesinn. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, Salesinn reserves the right to recover any amounts due and owing by you to Salesinn and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

10. Buying

All purchases on the Website are a firm commitment to purchase. If you are the purchaser for any item and your purchase is accepted by the seller, you are obligated to complete the transaction with the seller.

An action to purchase may be increased in price or volume later but may not be withdrawn. Purchases cannot be canceled. By purchasing an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful. In case of consumer goods, sellers on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire.

Salesinn strongly advises you not to test the site with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator or through any facility in any manner to bid. Willfully entering erroneous or fictitious bids may result in prosecution by Salesinn.

Please be aware that even if you do not give Salesinn your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. If you are a registered buyer on the Website we encourage you to post feedback on the seller after the auction is closed.

In case of purchase of/placing a successful bid for an Artwork which is marked as "non-exportable" on the Website or it is illegal to export the same and you agree that the Artwork shall not be exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.

Salesinn Guarantee*

The Salesinn Guarantee* seeks to assist buyers who have been defrauded by sellers on the Website. If a buyer has made a payment for an item and has never received it or has received an item that is significantly lower in value as compared to what was described, the buyer can seek protection under the Salesinn Guarantee*. The coverage under this program is restricted to such amount as may be provided in the Salesinn Guarantee*.

For this purpose the buyer needs to follow certain steps set out in the Program fully detailed at http://www.salesinn.com/tp/inr-snad-process.html and review the Salesinn Guarantee* Eligibility and Claims Process more fully detailed at http://www.salesinn.com/salesinn-guarantee.html on the Website.

• If Salesinn has suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Salesinn may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and/or disqualify that member and any related members from availing protection through this program.

• Salesinn reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Salesinn may at its sole discretion suspend, block, restrict, cancel the user id [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program.

  Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

11. Selling

As a registered member, you may list item/s for sale on the Website in accordance with the Listing Policies more fully detailed at Salesinn Rules and Policies http://www.salesinn.com/policies/prindex.php which Policy is incorporated by way of reference in this Agreement. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items 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 item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. All listings must comply with Salesinn Rules and Policy (http://www.salesinn.com/policies/prindex.html)which Policy is incorporated by way of reference in this Agreement.

The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the site. Salesinn reserves the right to delete such multiple listings of the same product listed by you in various categories.

If you receive at least one order, you are legally obligated to complete the transaction sale contract with the buyer upon the item's sale online. You must contact the buyer within 72 hours of item selling successfully and supply the item as per the shipping and delivery details mentioned in item description to the buyer in a merchantable condition upon receiving the payment from the buyer and in case of buyer making payments using Salesinn Payment Facility, upon receiving of payment intimation from Salesinn Payment Facility in accordance with Salesinn Payment User Agreement, Salesinn Payment Seller Terms and Conditions and Salesinn Payment Rules and Policies, unless there is an exceptional circumstance, such as:

1. The buyer fails to meet the terms of your listing (such as payment method), or

2. You cannot authenticate the Buyer's identity provided you have not received any payment from the Buyer. Without limiting any other remedies, Salesinn may suspend or terminate your account if you are found to have engaged in fraudulent activity in connection with the use of the Website. As sellers on the Website we encourage you to post feedback on the buyer after the auction is closed.

12. Review Feedback

We encourage Registered buyers and sellers on the Website to provide Review Feedback to each other after the transaction has closed, this helps all Users to know what it is okay to deal with the said buyer/seller. After you conduct a transaction, if applicable, we encourage you to leave Review Feedback for the buyer or seller that you dealt with. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. Salesinn will not be responsible for the feedback that you post on the Website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.

You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback, Salesinn reserves the right to suspend your membership, and you will be unable to list, buy or bid on the Website.

13. No Warranty

Salesinn and its suppliers, affiliates and service provider provide the Website and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website and Saleinn Payment Facility is at your risk.

14. Limitation of Liability

In no event shall Salesinn or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website and Salesinn Payment Facility, its services or this agreement (however arising, including negligence).

Salesinn's liability in any circumstance is limited to the amount of fees, if any, paid by you to Salesinn. Salesinn, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or Salesinn Payment Facility will be error free and/or uninterrupted. Consequently, Salesinn assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or Salesinn Payment Facility; and/or http://www.salesinn.com/policies/everyone-outage.html, and Salesinn Payment Rules and Polices which are incorporated by way of reference in this Agreement.

2. Any interruption or errors in the operation of the Website or Salesinn Payment Facility. You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Salesinn has been advised of the possibility of such damages).

15. Indemnity

You shall indemnify and hold harmless Salesinn and (as applicable) Salesinn's parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, Salesinn Rules and Policies, Salesinn Payment User Agreement, Salesinn Payment Seller Terms and Conditions and Salesinn Payment Rules and Policies or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.

16. General

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Salesinn and you shall have no authority to bind Salesinn in any manner whatsoever.

Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Salesinn to M/s E BEST Attn: Legal Department, at 1st floor, Vaishnavi Plaza, Sikh Village road, Secunderabad 500009, India (in the case of Salesinn) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

This Agreement sets forth the entire understanding and agreement between You and Salesinn with respect to the subject matter hereof.

In Salesinn's sole discretion, Salesinn may transfer its rights and obligations (also known as "assign") under this Agreement without your prior express consent, provided that Salesinn assigns the Agreement on the same terms or terms that are no less advantageous to You.

17. Arbitration

If any dispute arises between you and Salesinn during your use of the Website or Salesinn Payment or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, Salesinn Payment User Agreement and Salesinn Payment Seller Terms and Conditions or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Salesinn. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

18. Governing Law

The User Agreement, Salesinn Payment User Agreement and Salesinn Payment Seller Terms and Conditions or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India.

This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.