Limitation Of Liability

COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content / Services and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling charges, for Services purchased via this website. COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement &/or Services in any manner, including liabilities resulting from: the use or the inability to use the website content / Services; the cost of procuring substitute content / Services; any information obtained / Services purchased or transactions entered into through the website; or any lost profits you allege. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you. conjunction with the Limitation of Liability as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of Services. https://collectiveheads.net//COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources / Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply. Indemnification: You will release, indemnify, defend and hold harmless COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of this Agreement or the breach of your warranties, representations and obligations under this Agreement; the Website content or your use of the Website content; the Services or your use of the Services (including Trial Services); any intellectual property or other proprietary right of any person or entity; your violation of any provision of this Agreement; or any information or data you supplied to COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED. When COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED is threatened with suit or sued by a third party, COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED may seek written assurances from you concerning your promise to indemnify COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED; your failure to provide such assurances may be considered by COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED to be a material breach of this Agreement. COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content / Services, with the counsel of COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED’s choice at its expense. COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED against any claim, but you must receive COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website / Services. Copyrights / Trademarks All content and materials available on https://collectiveheads.net/, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED. Agreement To Be Bound BY USING THIS WEBSITE OR ORDERING Services, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL TERMS AND CONDITIONS ON THIS WEBSITE. General Clause: Force Majeure: COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott. Cessation of Operation: COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Services. Entire Agreement: This Agreement comprises the entire agreement between you and COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED and supersedes any prior agreements pertaining to the subject matter contained herein. Governing Law: This website is controlled by COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED from our offices located in the state of Maharashtra, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Maharashtra, India, by accessing our website, you agree that the statutes and laws of Maharashtra, India, without regard to its conflict of law principles to the contrary and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any Services through this site. Effect of Waiver: The failure of COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of this Agreement remain in full force and effect. Governing Law/Jurisdiction: This Website originates from the Mumbai, Maharashtra, India. This Agreement will be governed by the laws of the State of Maharashtra, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Maharashtra, India without regard to its conflict of law principles to the contrary. Neither you nor COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED will commenceMaharashtra), India. This Agreement will be governed by the laws of the State of Maharashtra, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Maharashtra, India without regard to its conflict of law principles to the contrary. Neither you nor or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Maharashtra, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Maharashtra, India. By using this Website or ordering Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents. This website is controlled by COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED from our offices located in the state of Maharashtra, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Maharashtra, India, by accessing our website, you agree that the statutes and laws of Maharashtra, India without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any Services through this site. Furthermore, any action to enforce this User Agreement shall be brought in the courts having jurisdiction over such issue, located in Maharashtra, India. You hereby agree to judgement passed by such courts and waive any right to jurisdictional, venue, or inconvenient forum objections to such courts. Statute of Limitation: You 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 Website or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose else be forever barred. Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIM WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY. Termination: COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Services. If your access to the Website is terminated, COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED chooses, in its sole discretion and without advance notice to you, to terminate it. Domestic Use: COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED makes no representation that the Website or Services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws. Cancellation And Refund: Cancellation of order is not possible once the payment has been made. No refunds will be given except in the event of cancellation or non-performance of service by COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED. Guarantee: Unless otherwise expressed, COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED & https://collectiveheads.net/ expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness of content / Services for a particular purpose and non-infringement. Assignment: You may not assign your rights and obligations under this Agreement to anyone. COLLECTIVE HEADS EXPERIENTIAL MARKETING SOLUTIONS PRIVATE LIMITED may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you. BY USING THIS WEBSITE OR ORDERING Services FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.