Think with niche aims to give you great Services but there are some things we can’t guarantee. Your use of our Services is at your sole risk. You understand that our Services and any content posted or shared by users on the Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Think with niche doesn’t represent or warrant that our Services are accurate, complete, reliable, current or error-free. No advice or information obtained from Think with niche or through the Services will create any warranty or representation not expressly made in this paragraph. Think with niche may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Services (collectively, “Third-Party Content”). We do not control or endorse, and we make no representations or warranties regarding, any Third-Party Content. You access and use Third-Party Content at your own risk. Some locations don’t allow the disclaimers in this paragraph and so they might not apply to you.
Limitation of Liability
We don’t exclude or limit our liability to you where it would be illegal to do so; this includes any liability for the gross negligence, fraud or intentional misconduct of Think with niche or the other Think with niche Parties in providing the Services. In countries where the following types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement.
In countries where exclusions or limitations of liability are allowed, Think with niche and Think with niche Parties won’t be liable for:
(a) Any indirect, consequential, exemplary, incidental, punitive, or special damages, or any loss of use, data or profits, under any legal theory, even if Think with niche or the other Think with niche Parties have been advised of the possibility of such damages.
(b) Other than for the types of liability we can’t limit by law (as described in this section), we limit the total liability of Think with niche and the other Think with niche Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, to the greater of Rs 400.00 or the amount paid by you to use our Services.
Resolving Disputes; Binding Arbitration
We want to address your concerns without needing a formal legal case. Before filing a claim against Think with niche, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email at legal@ Think with niche.com or by certified mail addressed to A Think with niche Corporation, P.O. 226001, Lucknow, Uttar Pradesh, India. The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we can’t resolve matters within thirty (30) days after any notice is sent, either party may initiate a formal proceeding.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Think with niche and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
(a) No Representative Actions. You and Think with niche agree that any dispute arising out of or related to these Terms or our Services is personal to you and Think with niche and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(b) Arbitration of Disputes. Except for small claims disputes in which you or Think with niche seeks to bring an individual action in small claims court located in the county where you reside or disputes in which you or Think with niche seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Think with niche waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court (Lucknow Jurisdiction ). All Disputes submitted will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Lucknow, Uttar Pradesh, India, unless you’re a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this section a “consumer” means a person using the Services for personal, family or household purposes. You and Think with niche agree that Disputes will be held in accordance with the Streamlined Arbitration Rules and Procedures.
(c) You and Think with niche agree that these Terms affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Indian government laws, to the maximum extent permitted by applicable law.
(d) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Think with niche, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality doesn’t apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
(e) You and Think with niche agree that the high court bench at Lucknow, Uttar Pradesh have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
(f) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Think with niche will not have the right to assert the claim.
(g) You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this section by sending an email of your request to yourfriends@ Thinkwithniche.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the next section regarding “Governing Law and Venue.”
(h) If any portion of this section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
Governing Law and Venue
These Terms and any dispute that arises between you and Think with niche will be governed by Indian law except for its conflict of law principles. Any dispute between the parties that’s not subject to arbitration or can’t be heard in small claims court will be resolved in the state Uttar Pradesh and India
Some countries have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.
We may make changes to these Terms from time to time. If we make changes, we’ll provide you with notice of them by sending an email to the email address associated with your account, offering an in-product notification, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you don’t agree to the amended Terms, you must stop using our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Think with niche’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms, and the terms and policies listed in the Other Terms and Policies that May Apply to You Section, reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
Content Syndication, Visibility and Views Disclaimer:
Views Per Post/ Per Author or Writer/ Per Category is governed by Number of Read Request Recieved from Direct and Indirect Visitors / Readers/ Members on Think With Niche Portal (www.thinkwithniche.com).
The necessary Third Party API for facilitatio is integrated on 10th August 2021 and is being reviewd on daily basis and shall be streamlined by 14 September 2021. Our Analytical & Content Reach/ Traffic Reports will be made available to Leaders/ Writers/ Authors/ Readers/ Visitors/ Members from time to time as a know-how on Content Syndication and to Further add Improvisation in Content Creation and Targetting for Readers/ Members.