TERMS OF SERVICE
Mushroomworld Website & TEFUN Terms and Conditions.
Welcome to Mushroomworld!
Thank you for using our services.
1. About the company and services:-
We, Mushroomworld Futuretech Pvt Ltd, hereinafter referred to as Mushroomworld are registered at 226, JAIN NAGAR, GUFA MANDIR ROAD, BHOPAL, MADHYA PRADESH 462030. At Mushroom World Futuretech Pvt Ltd, we value your trust & respect your privacy. This agreement provides you with details about the manner in which you can access and user the TEFUN and other service govern by Mushroomworld in electronic manner.
2. APPLICABILITY OF TERMS/ Agreement
These Terms mentioned herein form the contract between the User using the TEFUN and other services offered by Mushroomworld. By applying for registration and accessing the service the User acknowledges and accepts these Terms of Service (Terms & Conditions).
This “Agreement” constitute a legally binding agreement by and between Mushroomworld and you (“You” or “Your”) concerning your use of Mushroomworld website located at https://www.tefungame.com/ (the “Website”) and the services available through the Website and available at Google playstore through https://play.google.com/store/apps/details?id=com.DefaultCompany.TankMultiplayer. By using the Services, You represent and warrant that you have read and understand, and agree to be bound by, this Agreement
The term of this Agreement shall continue and would be in force till the time you access this Application & its services and you agree that you are bound by the terms as mentioned herein. This agreement form through electronic means and validity provides by section 10A of the Information technology Act, 2008.
The following words and phrases shall have the meanings set out herein below in this document unless repugnant to the context:
a. The terms "We" / "Us" / "Our"/”Company” individually and collectively refer to Mushroomworld.
b. The terms "You" /"Your" / "Yourself" refer to the users/subscribers.
c. TEFUN: 'TEFUN' online game regulated by Mushroom world is 'game of Skill'. It is skill based online game. The user must be able to read and understand the English language, operate mobile and computer operations, use of Internet and online functions, etc. to understand and perform functions in order to play the game.
It is necessary to user have minimum technical knowledge to understand, register and play the rules and instructions related to the TFUNE game.The user makes decisions using his/her skills in game play and wins prizes.
'strategy page':The movements selected by a player during game playing are recorded on a 'strategy page' which the contestant can access and understand the strategy of the competitor/ opposing player by applying his mind and skills. Which helps him to take the correct next move for win and achieve the goal.
By registering or participating on the Portal/android platform, the user will not be able to receive the prize, nor will we be responsible for the same. Your winning is entirely dependent on the skill of the user/player as the other player’s plays in the game against you as per the terms and conditions of the game.
d. Wallet:shall mean TEFUNS's Operative E-walletintegrated with UserAccount. This is (i) Closed System Prepaid Payment Instruments (PPIs) as defined in (2.3) of Master Direction on Issuance and Operation of Prepaid Payment Instruments ‘RBI/DPSS/2017-18/58
Master Direction DPSS.CO.PD.No.1164/02.14.006/2017-18’. This wallet can only be used for internal operation and transactions of TEFUN game service.
e. Confidential Information refers to the information obtained by the User through the Web/Android application for availing various services through Mushroomworld web/android plateform of TEFUN.
f. “Intellectual Property Rights” means any patents, utility models, designs, trademarks,
service marks, trade names, copyrights, software, database rights, know-how and all rights having equivalent or similar effect anywhere in the world.
g. Account:shall mean TEFUNS's Operative user account held by a User on https://www.tefungame.com/. Web portal and related web solution govern by Mushroomworld.
h. "Mobile Number" shall mean the number registered by the User to complete the registration.
i. Prize: ‘Virtual Money in your game wallet ’ of value “1” is equal to “1” Indian rupees’ that is given to somebody who is successful/ winner in TEFUN game as per the policy. 'Virtual Money' of prize will be credited to the user's Game wallet, from where he can convert the 'Virtual Money' into real Indian Rupees by making the request to company.
j. "Restricted States": State where online games of skill with entry fees for prizes have been restricted in the States of Telangana, Andhra Pradesh and other.
You will need an account in order to use our services and play TEFUN game. In order to keep your account secured, keep your password confidential. You are completely responsible for the activities that happen on or through your account. Without limitation, it is your obligation to: (i) prevent corruption, deletion, destruction or loss of any content in Your Account. Please try not to reuse your account password on third-party applications.
4.1 User Account Operation and related terms and conditions
To use our Services, you will need to register with us on the app.
By completing the online registration process on the app, you confirm you acceptance of the Terms.
During the registration process, you will be required to choose a login name and a password in addition to providing some other information which may not be mandatory. Additionally, you may be required to give further personal information for your user account verification and/or for adding cash to your user account. You must give us the correct details in all fields requiring your personal information, including, without limitation, Your Name, Email address, Mobile numbers(s),UPI Id and bank account number, IFSC code at the the time of prize distribution social media site’s id if needed etc. You undertake that you will update this information and keep it current.
You acknowledge that we may, at any time, require you to verify the correctness of this information and in order to do so may require additional documentary proof from you, failing which we reserve the right to suspend or terminate your registration on the App.
Any information provided by you to us should be complete and truthful to the best of your knowledge. We are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us.
You understand that it is your responsibility to protect the information you provide on the app including but not limited to your Username, Password, Email address, Contact Details and Mobile number. At no other time should you provide your user account information to any other user logged. You undertake that you will not allow / login and then allow, any other person to play from your user account using your username. You specifically understand and agree that we will not incur any liability for information provided by you to anyone which may result in your user account on the TEFUN being exposed or misused by any other person.
You agree to use your TEFUN user account solely for the purpose of playing and for transactions which you may have to carry out in connection with availing the Services. Use or attempted use of your user account for any reason other than what is stated in the Terms may result in immediate termination of your user account and forfeiture of any prize, bonus or balance in the user account.
You also understand and agree that deposits in your user account maintained with us are purely for the purpose of participation in Cash Games made available on ‘TEFUN.
The registration/ User ID creation is free for TEFUN game.
Purchases: In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable right to use (a) virtual currency, including but not limited to virtual cash or diamonds, all for use in Tefun Game; (b) virtual in-game items, content or features; and (c) other goods or services (points a – c are jointly referred to as "Virtual Items"). You are only allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in any other way.
Payment of Fees: You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Tefun Game may revise the pricing for the Virtual Items offered through the Service at any time. YOU ACKNOWLEDGE THAT Tefun Game IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
You understand and agree that you cannot transfer any sum from your user account with us to the account of another registered user.
We are legally obliged to deduct tax at source (TDS) on winning prize in a single tournament. TDS will automatically be deducted from such winnings and the rest will be credited to your TEFUN user account. Withdrawal of these winnings will only be permitted upon your providing your correct PAN details. These limits and rates are subject to change as per the prevailing rules and regulations. TEFUN obligation is this regard is limited to deducting TDS as required by law and providing you an appropriate certificate of tax deduction. We neither advise you nor shall in any manner be responsible for your individual tax matters.
We reserve the right to verify your PAN from time to time and to cancel any prize should your PAN be found inconsistent in our verification process.
NON-TRANSFERABILITY: The grant of service and license of TEFUN game Services to a User is non-transferable under any circumstances and shall be used by the User only. You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Tefun Game, or previously been banned from playing any Tefun Game.
Unless you are using Tefun Game ID, the Service supports only one Account per game on a supported device.
5. Membership/Registration Eligibility
Use of the App is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent tocontract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the app ‘TEFUN. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the TEFUNapp and shall not transact on or use the app. As a minor if youwish to use or transact on app, such use or transaction may be made by your legal guardian or parents on the app. TEFUNserves the right to terminate your membership and / or refuse to provide you with access to the App if it is brought to TEFUN notice or if it is discovered that you are under the age of 18 years.
5.1 Registration Restricted
The ‘TEFUN Game’ is a game of Skill as defined in clauseof ‘Terms & Conditions’ agreement and involved real money for using the full services. ‘TEFUN Game’ is skill based game that not involved betting or any other gambling activities.
Some states like Andhra Pradesh and Telangana, Tamil Nadu, Odisha, Sikkim and Nagaland of India have been also banned online games of skill with entry fees for prizes.Therefore, in states where the online game service is legally banned, it is prohibited for citizens to use and register on the website/android govern by Mushroomworld and play TEFUN games.If the citizens of the said states try to register, then they will not be able to register.
If the citizens of states where the online game service is banned, register and use online services by providing the false information, then they themselves will be responsible for any damages or legal liability due to this or If you access the Service for making deposit(s) /withdrawal(s) from or playing Game(s) from a jurisdiction where Games are not permitted, you shall be entirely liable for any legal or penal consequences and we shall be entitled to forfeit the balance in your account.; and will not be entitled to take any legal action against us in any way. We will not be responsible for any damages or legal liability whatsoever and the user account will be immediately suspended or terminated on the basis of any complaint or notice received from the Law Enforcement Agency or any third party.
5.2 You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
6. Communications: You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners or licensors or associates and that these communications are considered part of the Services. You will be able to opt out of receiving these messages.
8. Advertising: You also understand that our Services may include advertisements. The ads shown in our apps may make users buy or carry out monetary transactions for third-party products or services. We are not liable for any loss of third-party in-app purchases happening outside of our apps. The Company shall not be responsible nor liable for any loss or claim that you may have against an advertiser or any consequential damages arising on account of your relying on the contents of the advertisement.
9. Use of website/Android application (App)
You agree, undertake and confirm that your use of online platform/Application (App) shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which You does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, 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;
is misleading in any way;
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
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]
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;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
Contains video, photographs, or images of another person (with a minor or an adult).
tries to gain unauthorized access or exceeds the scope of authorized access to the app or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the app or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
interferes with another USER's use and enjoyment of the App or any other individual's User and enjoyment of similar services;
harm minors in any way;
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 orinvolve the sale of counterfeit or stolen products;
violates any law for the time being in force;
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing innature;
impersonate another person;
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;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to thecommission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
shall not be false, inaccurate or misleading;
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 mannerunder the provisions of any applicable law, rule, regulation or guideline for the time being in force.
shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
10. Authority to Mushroomworld: The User irrevocably and unconditionally authorisesMushroomworld to access USER’s Account for effecting instructions for balance/ coins transfer and executing instruction through the Facility and to share the Account information with any third parties for the purpose of accepting/ executing such requests of the User.
11. Payments Instructions/ Terms &Conditions
Wallet: -Every user will have Game Wallet in his/her user account. It is mandatory for every player to complete (KYC) to withdraw money from game wallet.
• The player can use the wallet money for entering the real tournament but game wallet amount should be 11.80 paisa or above
• The wallet can be recharge through UPI, PHONEPE, PAYTM, G-PAY, Debit /Credit Card and other valid payment instrument.
• The amount to be recharged/credit in the wallet by the user, the same number of 'Virtual Money”' will be received in the wallet. Hence, one virtual money is equal to one Indian rupee.
• We will not be responsible if any additional charges are taken by the payment gateway service provider company for transferring the amount.
• The player can claim the prize money by sending request from Game wallet. Then the company will send the prize money to the player’sbank account through NEFT, UPI or any other payment system.
2. The Payment gateway API service is provided by the ‘PayU Money” Your Payment Instruction(s) will be affected only after proper authentication in accordance with the prescribed procedure of the ‘‘PayU Money”. Instruction(s)/Terms & conditions defined by ‘PayU Money” (https://payu.in/) are applicable. These Payment Instruction(s) are then submitted to the Reserve Bank of India National Clearing Cell (NCC), for each settlement period of the ECS scheme, to effect the Payment Instruction(s) by debiting the Payment Account. Please read terms & conditions defined by PayU Money” (https://payu.in) before making any online payment.
All the online payments received by ‘TEFUN are through the payment gateway service “ PayU Money””. The terms and conditions are defined by PayU Money”, RBI, other government bodies are applicable. Please read all terms and conditions defined by PayU Money”/RBI before proceed as TEFUN is not responsible for any inconvenience/dispute in payment service.
All the paid services like user registration in actual game/tournament etc. will be available only after receiving the payment in the TEFUN (company’s) account.
Note: Please visit PayU / RBI official website to read Terms & conditions
12. Prize Policy:-
If the user crosses the third level and lose the game player will get decided prize.
The final winner will get prize as per Mushroomworld’sTefun Prize policy.
Runner-up will also get the decided prize as per Mushroomworld’sTefun Prize policy.
The company will send the prize through NEFT, UPI or any other payment method to the player’s bank account.
Only users who complete KYC will be able to claim prize.
User understand that you have the necessary experience and skills required to participate in the activity. You further acknowledge that you are solely responsible for any consequences that result from participating in TEFUN or engaging in this activities related to our game and online service or this activity. You understand that we assume no liability or responsibility for any financial loss you may suffer as a result of participating in the TEFUN and any online service provided by Mushroomworld.
The winning of the prize is entirely depend on the skill of player: By registering or participating on the Portal/android platform, the user will not be able to receive the prize, nor will we be responsible for the same. Your winning is entirely dependent on the skill of the user/player as the other player’s plays in the game against you as per the terms and conditions of the game.
13. Your Right to Opt out:-
We provide all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us. You have the right to opt out, but the electronic documents and information about the services used by the user in the past will be stored in our database for the purpose of record and compliance. User can 'opt out' by ‘Terminate’ the ‘User account’.
You may terminate your Account at any time and for any reason by following the process described on our support page located at https://www.tefungame.com, informing Tefun Game that you wish to terminate your Account.
14. Cyber Crime
The Internet and digital application per se is susceptible to various cyber crimes like phishing, vishing, hacking, malware attack, compromise of User’s system security etc., that could affectInstructions related to account operation / other instructions to the Mushroomworld. Whilst the Mushroomworld shall endeavor to protect the interest of the Useres, there cannot be any guarantee from such cyber crimes and other actions that could affectinstructions to the us. The User shall separately evaluate all such risks and the Mushroomworld shall not be held responsible for the losses arising out of such cyber crimes.
15. Technology Risks
The Webportal/app or server of the Mushroomworld may require maintenance and during such time it may not be possible to process the request of the users. This could result in delays and/or failure in the processing of instructions and other operation. The User understands that the Mushroomworld disclaims all and any liability, whether direct or indirect, whether arising out of loss or otherwise arising out of any failure or inability by the Mushroomworld to honor any user instruction for whatsoever reason.
In consideration of Mushroomworld providing the TEFUN online game service, the User, at his/their own expense, agrees to indemnify,
defend and hold harmless, Mushroomworld, its directors and employees, representatives, agents, as the case may be, against all losses, damages, expenses, actions, claims, demands and proceedings whatsoever
Breach of Terms of Service (Terms & Conditions) mentioned herein.
Improper use of the TEFUN and other services by the User.
Any claims made by third parties arising from issues related to any failure, delay or interruption of the services as provided by the Mushroomworld’s services.
The use of products/ Internet Banking services in any manner which violates the Terms of Service (Terms & Conditions) or otherwise violates any law, rule, conditions or regulation.
17. Intellectual Property Rights
The Client acknowledges and agrees that the software and android apps installed/provided by the Mushroomworld shall constitute confidential and proprietary information of the Mushroomworld and embodies the Intellectual Property Rights of the Mushroomworld under relevant jurisdiction copyright and other laws. The User further acknowledge that all rights, title, and interest in and to the various software and tools installed by the Mushroomworld during the course of providing the online game Services, including associated Intellectual Property Rights, are and shall remain with the Mushroomworld.
The User shall not be entitled to use the name and logo of the Mushroomworld. The User undertakes and confirms that it shall not infringe upon any of the Intellectual Property Rights of the Mushroomworld.
Games and Service:All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Tefun Game client, and the Tefun Game clients and server software) are owned by Tefun Game. Tefun Game reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
Accounts:Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and shall forever be owned by and inure to the benefit of Tefun Game.
Virtual Content:Tefun Game owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Tefun Games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual items, content, features, goods, services or currency appearing or originating in any Tefun Game, whether earned in a game or purchased from Tefun Game, or any other attributes associated with an Account or stored on the Service.
Mushroomworld reserves the absolute discretionary right to make any amendments in the given terms and condition at any time as it may deem fit without any prior notice to the user. Any such amendment shall be communicated to the user by displaying on the website https://www.tefungame.com/; and the USER shall be bound by such amended terms and conditions. The User shall be responsible for regularly reviewing these Terms and Conditions.
19. Force Majeure
TEFUN Game shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of TEFUN Game, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond TEFUN Game's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Before accessing or using the Service, including browsing any TEFUN Game website or accessing a game, you must agree to these Terms of Service. A guest account may be created for you for the use of the Service and you may also be required to register an account on the Service (collectively "Account"). These Accounts include, for example, game Accounts and TEFUN Game ID. By using or registering for an Account or otherwise using the Service, you affirm that you are the legal age of majority in your country of residence. If you are not, your legal guardian must review and agree to these Terms of Service.
Mushroomworld without giving prior notice to the User. The closure of the User Account of the User will automatically terminate the Service. Mushroomworld may suspend or terminate service without prior notice if the User has breached these Terms and Conditions.
WITHOUT LIMITING ANY OTHER REMEDIES, TEFUN GAME MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF WITH OR WITHOUT NOTICE TO YOU (i) IF YOU ARE, OR TEFUN GAME SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH THESE TERMS OF SERVICE; OR (ii) FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED VIRTUAL ITEMS AND PURCHASED VIRTUAL ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND TEFUN GAME IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
TEFUN GAME RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
We disclaim any responsibility for the deletion, the failure to store, the mis delivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material, services and quality of servers, games, products, services or sites, cancellation of competition and prizes. We disclaim any responsibility for, and if you pay for or subscribe to one of our charge or fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our application, web service, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
22. Dispute Resolution
23. ARBITRATION CLAUSE
In case of failure of dispute resolution mechanism as contemplated under Clause 19 of this Agreement, then, the parties hereto or any person claiming on their behalf agree to refer the dispute of the arbitration tribunal consisting of one arbitrator nominated by each of the parties and an umpire appointed by such nominated arbitrators under "Arbitration and Conciliation Act. 1996". Both the parties agree that the decision of the arbitration tribunal shall be final and binding on the parties. It is also agreed that the seat of the arbitration still be in BHOPAL, M.P,India.
24. Jurisdiction and Governing Law
The construction, validity and performance of these Terms and Conditions shall be governed in all respects by the laws of India. The parties hereby submit to the exclusive jurisdiction of the competent Courts at Bhopal, India.