Terms of Service
PLEASE REVIEW THESE TERMS CAREFULLY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE. ONCE ACCEPTED, THESE TERMS BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND RML. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT USE THE SERVICES.
When we refer to the “RML API” we mean a software/Mobile Application for providing the Services (or feature of the Services) to you by us. When we refer to the “Services” in these Terms, we mean those services provided to you by RML in connection with the services you may have purchased from us.
When we refer to the “Documentation” we mean all of the RML API instruction manuals and guides, code samples, manuals, guides, on-line help files and technical documentation made publicly available by us for the Services, and as may be updated from time to time.
IN ADDITION, DISPUTES RELATED TO TERMS OR RELATED TO YOUR USE OF THE SERVICES GENERALLY MUST BE RESOLVED BY A DISPUTE RESOLUTION PROCESS WHICH MAY LEAD TO BINDING ARBITRATION.
If you have any questions, you can reach RML at routemobile.com/help/contact.
1) Changes to These Terms
RML may update these Terms of Service from time to time by providing prior written notice of material changes in advance of the effective date. Except as otherwise specified by RML, updates will be effective upon the effective date indicated at the top of these Terms of Service. The updated version of these Terms will supersede all prior versions. Your continued access or use of the Services on or after the effective date of the changes to the Terms constitutes your acceptance of any updates. If you do not agree to any updates, you should stop using the Services. RML may not be able to provide any prior written notice of updates to these Terms that result from changes in the law or requirements from telecommunications providers.
2) Your Use of RML Services
You are solely responsible for all use (whether or not authorized) of the Services, including the quality and integrity of your Customer Data. You are also solely responsible for all acts and omissions of anyone who has access to or otherwise uses the Services (“End Users”). You agree to take all reasonable precautions to prevent unauthorized access to or use of the Services and will notify us promptly of any unauthorized access or use. We will not be liable for any loss or damage arising from unauthorized use. You will be solely responsible, at your own expense, for acquiring, installing and maintaining all hardware, software and other equipment as may be necessary for you and each End User to connect to, access, and use the Services.
3) Access and Use of the Services: Provision of the Services:
We will make the Services available to you in accordance with these Terms and the Documentation. We will provide the Services in accordance with laws applicable to RML’s provision of the Services to its customers generally (i.e. without regard for your particular use of the Services), and subject to your use of the Services in accordance with these Terms and the Documentation.
4) Customer Data
5) Customer Responsibilities, Restrictions and Requirements
You will: (a) be solely responsible for all use (whether or not authorized) of the Services and Documentation including for the quality and integrity of Customer Data; (b) use Services only in accordance with this Agreement, the Acceptable Usage Policy, Documentation, or other applicable terms relating to the use of the Services, and applicable laws; (c) be solely responsible for all acts, omissions and activities of your End Users, including their compliance with these Terms, Documentation, the Acceptable Usage Policy, and any other terms of sales of the Services; (d) do your best to prevent unauthorized access to or use of the Services and notify RML promptly of any such unauthorized access or use; (e) provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunications providers; (f) transmit/send/terminate the messages in compliance with local legislations, laws and regulations; and (g) comply with the representations and warranties you make in Section 12 (Representations and Warranties) below.
6) Services Usage Restrictions
a) With regard to the Services, you agree that: (a) You will send the messages only to verified mobile numbers only; You will send only template messages where content templates would be pre-approved by us; (b) you will not transfer, resell, lease, license or otherwise make available the Services to third parties or offer them on a standalone basis; (c) you will not attempt to use the Services to access or allow access to Emergency Services (meaning, an official government-sponsored emergency telephone number (such as 911 in North America or 112 in the European Union and other locations worldwide) which is used to dispatch professional emergency responders); (d) you will ensure that the Services are used in accordance with all applicable law and third party rights, as well as these Terms and our Acceptable Use Policy as amended from time to time; (e) you will ensure that we are entitled to use your Customer Data, as needed to provide the Services; (e) you will not use the Services in any manner that violates any applicable law; (f) you will not use the Services to create, train, or improve (directly or indirectly) a substantially similar product or service, including any other machine translation engine; (g) except as allowed by applicable law, you will not reverse engineer, decompile, disassemble or otherwise create, attempt to create or derive, or permit or assist anyone else to create or derive the source code of any software provided in connection with the Services.
b) Note: We deliver SMS via major telecom operators and can therefore only influence the delivery transmission of SMS within the technical constraints imposed. SMS submitted via Internet will be transferred to mobile network providers, provided that the recipient’s phone is switched on and doesn’t have a full memory and is located in an area covered by its subscribed mobile network provider. You acknowledge that, depending on the recipient’s mobile provider service, it may not be possible to transmit the SMS to the recipient successfully. We debit transmitted SMS according to its transmission logs. These logs are deemed correct and valid even if the Client/Customer has objected to the correctness of the accounting records, except if investigation by us has produced evidence of a technical problem or error.
c) If you are domiciled in India or target audience or recipients of messages etc. are based in India, dealing with recipients domiciled in India or contracting with Route Mobile Limited (incorporate in India), You are required to use the services in accordance with all the applicable laws including but not limited to the Indian Telegraph Act, 1885 and the rules and regulations made thereunder (as amended or re-enacted from time to time); the Information Technology Act, 2000 and the rules and regulations made thereunder (as amended or re-enacted from time to time); the Indian Wireless Telegraphy Act, 1933 and the rules and regulations made thereunder (as amended or re-enacted from time to time); the Telecom Regulatory Authority of India Act, 1997 and the rules and regulations made thereunder (as amended or re-enacted from time to time) including but not limited to the Telecom Commercial Communications Customer Preference Regulations, 2018 (hereinafter referred as TCCCPR and as amended from time to time including various circulars as are available on www.trai.gov.in). In case any unsolicited Commercial Communication were made, You will solely bear the penalty laid under the applicable laws.
d) Prohibited contents and action: You agree that you will not, and will not encourage or permit any party (including but not limited to Service Users/Re-Sellers) to, access or use the Services: (a) other than as expressly prescribed by the Agreement; (b) in violation of: (i) Compliance Rules or Relevant Laws; (ii) applicable third party licenses; (c) to send spam or unsolicited messages or other communications; (d) in any manner that is infringing, obscene, derogatory, threatening, libellous, unlawful, or in violation of any third party rights; (e) to breach, interfere or attempt to interfere with any requirements, procedures, policies, or regulations of any mobile industry association, Regulator or any Service Provider; (f) to facilitate the transmission or use of any: (i) prohibited messages, malicious code (including malware, viruses, worms, and Trojan horses); (ii) traps, time bombs, or other code with a latent ability to disable or cripple software or services; or (iii) code that would allow any third party to interfere with or access any Data; (g) to circumvent, disable, violate, or otherwise interfere with the security or integrity of the Services, their operation, any networks or servers used in connection with the Services, or any activity being conducted in or in relation to the same (or attempt at any of the foregoing); (h) to gather, store, upload or otherwise transmit any Data for which you do not have a right to do so; (i) support or carry any emergency calls to any medical rescue, emergency, or law enforcement agency, service or provider of any kind; or (j) to impersonate any person or entity. (k) Make any content, message or communication infringing intellectual property rights and international & domestic cyber laws, in any form or inconsistent with the Applicable Laws; (l) Make any objectionable, adverse, offensive, derogatory, obscene, vulgar, unauthorized content, message or communication with reference to any corporations, brands, personality (living or dead), communities (living or extinct), city, building, geographical feature, etc. that can be singularly / uniquely identified in the world, gender, animals, physical / racial attributes, organizations, religious associations, political parties, governments (state and central), anyone’s private life, any other commercial and non-commercial entities; (m) Make any content, message or communication, which is lascivious or appeals to the prurient interest or the effect whereof, is such as to tend to deprave or corrupt any person; (n) Send Stock tips without SEBI (Securities Exchange Board of India) license; (o) Send any lottery Messages or speculative activities/messages; (p) Send any content opposed to standards of morality or decency, or to be opposed to public policy. Additionally, you agree to promptly comply with all requests for documentation and information we make relating to your use of the Services.
e) You agree not to use our Product/Service to host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which you do not have any right of use; 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 is otherwise unlawful in any manner whatever; harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights (whether ours or of any other person); deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonates another person; threatens the unity, integrity, defence, security or sovereignty of any country, 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 to any other nation; and/or violates any law for the time being in force.
7) Data Protection and Privacy:
8) Data Records
Without limiting the generality of any other provision of the Agreement, prior to using the Services to send Content to any third party, you shall obtain verifiable informed consent in accordance with Relevant Laws, and shall maintain a record of each such consent (‘Customer Data’). You shall provide a reasonable and readily accessible method for third parties to revoke this consent and, at our request, shall provide us with verifiable evidence to establish informed consent from such third party (to our satisfaction).
9) Complete and Accurate Information
You agree to provide us with complete and accurate information at the Online Sign-up Page.
10) Suspension of Services
We may suspend the Services immediately upon notice for cause if: (a) you violate (or give us reason to believe you have violated) our any terms of this document; (b) there is reason to believe the traffic created from your use of the Services or your use of the Services is fraudulent or negatively impacting the operating capability of the Services; (c) we determine, in our sole discretion, that providing the Services is prohibited by applicable Law, or it has become impractical or unfeasible for any legal or regulatory reason to provide the Services; or (d) subject to applicable Law, upon your liquidation, commencement of dissolution proceedings, disposal of your assets or change of control, a failure to continue business, assignment for the benefit of creditors, or if you become the subject of bankruptcy or similar proceeding; or (e) there are problems with the Network, or we or our Providers need to suspend the Services to conduct operational and maintenance work on the Network or there is a threat or risk to the security of the Service or integrity of the Network; If we suspend the Services pursuant to this clause, then we will have no liability for any damage, liabilities, losses (including any loss of data or business or profits) or any other consequences that you may incur with connection with any such suspension.
Your affiliate mean any entity or person that controls you, is controlled by you, or under common control with you, such as a subsidiary, parent company, or employee. The term “control” means more than 50% ownership. Similarly, if we refer to our affiliates, we mean an entity or person that controls us, is controlled by us, or is under common control with us. Your affiliates must also agree to the Terms of Service to use or access the Services. If your affiliates use the Services under these Terms, then you and those affiliates will be jointly and severally responsible for the acts and omissions of your affiliates, including, but not limited to, their breach of these Terms. Any claim from any of your affiliates that use the Services pursuant to these Terms may only be brought against us by you on your affiliates’ behalf.
12) Representation & Warranties
Each party represents and warrants it is a duly constituted entity, it has the necessary authority to enter into and perform the Agreement, and that such performance does not violate or breach any other agreement to which it is a party. We warrant that the Services will be provided with the reasonable degree of skill, care, diligence, prudence and foresight to be expected of a competent provider of the Services. Additionally, you represent and warrant that you will fully comply with the Agreement and that the Content and your use of the Services do not and will not cause any breach of the Agreement or any applicable laws in the jurisdiction where services are being availed. You represent & warrant that You will abide and bound by all applicable laws, rules, regulations, notifications, circulars and generally accepted industry standards and You have all licenses, approvals, certificates, permits or authorizations (the Permits) required to be obtained for the business and operations of their companies. All such Permits are valid and in full force and effect. You are aware of the DND (Do Not Disturb) issues and applicable penalties and You represent and warrant us that you will not indulge in Spamming, Commercial or Un-Solicited communication and our SMS do not fall under the DND/DNC Category. If any regulatory issues arise due to sending SMS on Opt-in and / or DND / DNC category numbers, You will provide adequate opt-in proof to close the respective NDNC complaint and indemnify us against all penalty, liability or claim including reasonable legal expenses (as per operator’s consideration). You warrant and undertake that You will be solely liable for the content (in situations where content templates are not provided by us at the testing phase for any reason whatsoever) of the messages and Routemobile is free from any kind of liability arising due to content of the messages.
Except as expressly stated in the Agreement, we provide the services on an “as is” and “as available” basis. We make no representations or warranties with respect to the Services and Data, and we do not warrant that the Services will be secure, uninterrupted, timely, or error-free or that Content will be delivered.
14) Compelled Disclosure
RML may disclose your Confidential Information if so required pursuant to a regulation, law or court order, as the case maybe. We will give you notice of the compelled disclosure (to the extent legally permitted). You will cover our reasonable legal fees for preparation of witnesses, deposition and testimony to the extent such compelled disclosure is in connection with a lawsuit or legal proceeding to which you are a party or to the extent fees are incurred in connection with reasonable assistance we provide to you in connection with your efforts to contest disclosure.
15) Confidentiality and Non-Disclosure
“Confidential Information” means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. The receiving party agrees to exercise due care in protecting Confidential Information of the disclosing party from unauthorized use and disclosure. The receiving party may disclose the Confidential Information of the disclosing party as required by applicable Law provided that, prior to any such compelled disclosure, the receiving party will, if permissible: (a) promptly notify the disclosing party in writing to allow the disclosing party a reasonable opportunity to resist such disclosure and/or seek a protective order, and (b) reasonably cooperate with the disclosing party in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure. The parties expressly acknowledge and agree that no adequate remedy may exist at law for an actual or threatened breach of this Section and that, in the event of an actual or threatened breach of the provisions of this Section, the non-breaching party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it.
16) Recordings and Communications Monitoring
If you record or monitor telephone calls, SMS messages, or other communications using the Services, then you represent and warrant that you will comply with all applicable Laws prior to doing so at all times.
You will defend, indemnify and hold RML, its officers, directors, employees, agents, stockholders, and affiliates (“RML Indemnified Parties” / “Indemnified Party”) harmless from and against any and all costs (including reasonable attorneys’ fees), expenses, loss, liabilities, suits, actions, damages or claims or proceedings arising or in any other way connected with (a) any wilful or negligent act or omission by you, your employees, agents or contractors; (b) any Messages sent by you whether or not the claim is brought or made by one of our customers, a recipient, or another party; (c) your non-compliance with any terms of this Agreement; Or (e) Any non-compliance or contravention of provisions of TCCCP Regulations or any other regulation implemented by Government Authority, and any public liability claims, environmental damage and industrial accidents. The Indemnifying Party will have the sole and exclusive authority to defend or settle any such Claim (provided that, the Indemnifying Party will obtain the Indemnified Party’s consent in connection with any act or forbearance required by the Indemnified Party, which consent will not be unreasonably withheld). Notwithstanding anything herein to the contrary, the Indemnifying Party will not settle any Claims for which it has an obligation to indemnify pursuant to this Section admitting liability or fault on behalf of the Indemnified Party, nor create any obligation on behalf of the Indemnified Party without the Indemnified Party’s prior written consent.
18) Limitation of Liability
You acknowledge that as we send and receive text-messages via major telecommunications companies and Mobile Network Operators, our influence over the transmission of your messages is within the technical constraints imposed upon us. Our responsibility is therefore to ensure that the text-messages you send through the service are processed correctly and delivered to the assigned entity. We are not responsible for the final delivery of the message, as this is out of our control and is the responsibility of the Mobile Network Operator. Under no circumstances and under no legal theory, whether in tort, contract, or otherwise, we will not be liable to you for any indirect, special, incidental, consequential or punitive damages of any character, including, without limitation, damages for loss of goodwill, lost profits, lost sales or business, work stoppage, message failure, call failure, email failure or malfunction, lost data, or for any and all other damages or losses, even if You/We had been advised, knew or should have known of the possibility of such damages. Under no circumstances and under no legal theory, whether in tort, contract, or otherwise, we will be liable to you for any direct or indirect damages, costs or liabilities in excess US$100.
19) Injunctive Relief
The parties expressly acknowledge and agree that no adequate remedy may exist at law for an actual or threatened breach of this Section and that, in the event of an actual or threatened breach of the provisions of this Section, the non-breaching party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it.
20) Customer Data
You represent and warrant that you have provided (and will continue to provide) adequate notices well in advance wherever possible and have obtained (and will continue to obtain) the necessary permissions and consents to provide Customer Data to us for use and disclosure.
a) GENERAL DISCLAIMER. WITHOUT LIMITING A PARTY’S EXPRESS WARRANTIES AND OBLIGATIONS HEREUNDER, AND EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS,” AND RML MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND RML SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. RML ADDITIONALLY DISCLAIMS ALL WARRANTIES RELATED TO THIRD PARTY TELECOMMUNICATIONS PROVIDERS. BETA OFFERINGS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER, AND RML SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A BETA OFFERING. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, RML WILL NOT BE LIABLE AND WILL HAVE NO OBLIGATION TO INDEMNIFY CUSTOMER FOR SENSITIVE DATA THAT YOU OR ANY END USER SENDS TO RML.
b) INDIRECT CONSEQUENTIAL AND RELATED DAMAGES. EXCEPT FOR DAMAGES ARISING FROM BREACH OF YOUR OBLIGATIONS UNDER SECTION 5 (CUSTOMER RESPONSIBILITIES, RESTRICTIONS AND REQUIREMENTS), IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, LOST DATA, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
c) EMERGENCY SERVICES DISCLAIMER. NEITHER RML NOR ITS REPRESENTATIVES WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE, OR LOSS (AND CUSTOMER WILL HOLD RML HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE INABILITY TO USE THE SERVICES TO CONTACT EMERGENCY SERVICES. RML’S OUTBOUND COMMUNICATIONS SERVICES SHOULD NOT BE USED FOR CONTACTING EMERGENCY SERVICES.
d) THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS PURSUANT TO THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THESE TERMS. Note that these Terms apply solely to the Services covered hereunder. RML’s liability under these Terms applies only to the Services covered hereunder.
22) Term; Termination
a) Term. These Terms, as may be updated from time to time, will commence on the date they are accepted by you (through your use of the Services) and continue until terminated in accordance with the agreement between you and RML or (Termination) below (“Term”).
b) Termination. Either party may terminate these Terms and close your customer account(s) for any reason upon thirty (30) days written notice. Notwithstanding the preceding sentence, if there is an Order Form(s) in effect, then these Terms will not terminate until such Order Form(s) have expired or been terminated. RML, at its sole discretion, may terminate these Terms in the event you commit any material breach of these Terms and fail to remedy that breach within five (5) days after RML provides written notice of that breach. You may also terminate these Terms in the event we commit a material breach of these Terms and fail to remedy that breach within five (5) days after your providing written notice of that breach.
Upon termination of these Terms, the terms of this Section and the terms of the following Sections will survive (i.e. still apply): Customer Data, Ownership and Confidentiality, Indemnity, Limitation of Liability; and Agreement to Arbitrate.
Compliance with Laws. You will comply with the applicable law relating to your respective activities pursuant to these Terms and also the applicable laws of the Country where the messages are being transmitted/terminated/sent. RML will provide the Services in accordance with laws applicable to RML’s provision of the Services to its customers generally (i.e. without regard for Customer’s particular use of the Services), and subject to Customer’s use of the Services in accordance with this Agreement and the Documentation.
25) No Waiver, Order of Precedence.
Our failure to enforce at any time any provision of these Terms, our Acceptable Use Policy, or any other of your obligations does not waive our right to do so later. And, if we do expressly waive any provision of these Terms, our Acceptable Use Policy, or any of your other obligations, that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by you and us to be legally binding. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be (except as otherwise expressly set forth in an applicable Order Form): (1) the AUP, (2) product-specific terms, (3) the Terms of Service and (4) the Documentation.
26) Additional Representation (for USA only)
Applicable to Clients domiciled or based in USA: Additionally, the U.S. government publishes lists of people and organizations that U.S. companies aren’t allowed to do business with. If you use our services, then you are swearing that neither you nor your organization is on any of those lists. You must follow U.S. export and economic sanctions laws. The Services may be subject to applicable U.S. export control laws and economic sanctions regulations. In receiving the Services, you agree to comply strictly with all domestic and international export laws and economic sanctions regulations as they apply to the Services, and to the extent consistent with these Terms, to obtain any necessary license or other authorization to export, re-export, or transfer the Services. These laws include restrictions on destinations, End Users, and end use. Without limitation, you may not transfer the Services without U.S. government authorization to any entity on a U.S. government exclusion list (e.g., the Department of Commerce’s List of Denied Persons, Entity, or Unverified List, and the Treasury Department’s List of Specially Designated Nationals and Consolidated Sanctions List). You represent that you are not on a U.S. government exclusion list or under the control of or an agent for any entity on such a list, and you further warrant that you will immediately discontinue use of the Services if you become placed on any such list or under the control of or an agent for any entity placed on such a list.
The parties are independent contractors, and there is no partnership, joint venture, employment, franchise or agency relationship created by the Agreement. Neither party will have the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent.
You shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under the Agreement. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement without your consent however, you shall, if we require, execute such deeds and/or documents as may be necessary or required by us to give effect to any such dealing in such rights and/or obligations.
If any provision of the Agreement is unenforceable, that provision will be modified to render it enforceable to the extent possible to affect the parties’ intention, and the remaining provisions will not be affected. The Supplemental Terms will prevail in the event of a conflict with the Terms of Service, but only to the extent such conflicting term relates to the Services governed by those Supplemental Terms. In all other cases, the Terms of Service will prevail in the event of a conflict with another part of the Agreement, unless such other part of the Agreement intends and expressly states that the specific term supersedes.
30) Agreement to Arbitrate
Before bringing a formal legal case, please first try contacting our Customer Support. Most disputes can be resolved that way. We Both Agree to Arbitrate. If a dispute cannot be resolved through our Customer Support Team, you or any of your affiliates on one hand and RML and any of RML’s affiliates on the other hand, all agree to resolve any dispute relating to these Terms or in relation to the Services by binding arbitration in Mumbai, India. If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too. Exceptions to Agreement to Arbitrate. You and your affiliates on one hand, and RML and its affiliates on the other hand, agree that we will go to court to resolve disputes relating to:
(a) Your, your affiliates’, RML’s or RML’s affiliates’ intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents); or
(b) Your violation of our Acceptable Use Policy.
31) Additional Terms
If RML will be processing personal data from the EEA, Switzerland, or the United Kingdom on your behalf, the Data Protection Policy incorporated by reference into these Terms of Service will apply.
For more information about RML’s compliance with the GDPR, please click here.
For Customers who reside in European Economic Area (EEA), Switzerland, or the United Kingdom: the following additional terms shall apply:
In relation to the limitation of liability: Nothing in this Agreement shall exclude or limit the liability of either party for (i) gross negligence or intentional misconduct of such party, (ii) death or personal injury caused by that party’s negligence or (iii) fraud or fraudulent misrepresentation or (iv) any other liability to the extent that the same may not be excluded or limited as a matter of applicable law.
32) Governing Law and Venue:
The enforceability and interpretation of Section – Agreement to Arbitrate will be determined by the Arbitration and Conciliation Act, 1996 Act (including its procedural provisions). The venue of Arbitration shall be Mumbai and the language of Arbitration shall be in English. Parties shall nominate one arbitrator each and the two appointed arbitrators shall appoint the third arbitrator. Apart from that, these Terms will be governed by and interpreted according to the laws of India without regard to conflicts of laws and principles that would cause laws of another jurisdiction to apply. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Except for Agreement to Arbitration, any legal suit, action or proceeding arising out of or related to these Terms or the Services shall be instituted in the Courts of Mumbai, and we each consent to the personal jurisdiction of these courts.
33) Class Action Waiver
Both you and your affiliates agree that any claims or controversies between us must be brought against each other on an individual basis only. That means neither you and your affiliates can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding. And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other RML customers, and cannot be used to decide other disputes with other customers. If a court decides that this Section -Class Action Waiver is not enforceable or valid, then the entire Section-Agreement to Arbitrate will be null and void (i.e., go away). But, the rest of the Terms will still apply.