33. MYSUN’s Confidential Information

During the course of your use of MYSUN Services, You may receive information relating to our affiliates or us or to MYSUN Services that is not known to the general public ("Confidential Information"). You agree that: (a) all Confidential Information will remain MYSUN’s exclusive property; (b) You will use Confidential Information only as is reasonably necessary for your participation in the MYSUN Services and ensure that persons who have access to Confidential Information will be made aware of and will comply with the obligations in this provision; and (c) You will not otherwise disclose Confidential Information to any individual, company, or other third party, including any affiliates. You may not issue any press release or make any public statement related to MYSUN Services, or use our name, trademarks or logo in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.

34. Force Majeure

The User agrees that MYSUN shall have no liability, whatsoever, for any interruption or delay in the services offered by it in whole or in part by reason of any act, event, circumstance or a combination of acts, events and circumstancesbeyond itsreasonable control and without its fault or negligence such as technical issues terrorism, strikes, lockouts, acts of God, acts of war and other such similar events.

35. Notice of use of Cookies

Some of our web pages, including our third party service providers, store and use "cookies" so that we can better serve You with customized information when You return to our Website. Cookies are identifiers, which a web site can send to your browser to keep on your computer to facilitate your next visit to our site. You can set your browser to notify You when You are sent a cookie, giving You the option to decide whether or not to accept it. The information we collect and analyze is used to improve our service to You. You agree that our third party service providers, and/or we, collect your IP address or other unique identifier. At times, we also use these identifiers to collect information regarding the frequency with which our guests visit various parts of our sites. We, either ourselves or through our affiliates or group companies, may combine your IP address with other personally identifiable information for marketing and for market research purposes, including internal demographic studies, so we can optimize our products and services and customize this Website for You.  

36. Advertisement

You should note that aspects of the Website may be supported by advertising revenue. As such, MYSUN may display advertisements and promotions on its Website. MYSUN shall not be liable for any claim, error, omission and/or inaccuracy in advertising material. The manner, mode and extent of advertising by MYSUN on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by MYSUN of any advertised products or services. You agree that MYSUN shall not be responsible or liable for any claim, error, omission and/or inaccuracy in advertising or for any loss or damage of any sort incurred by You as a result of any such dealings or as the result of the presence of such advertisers on the Website.  

37. Additional Policies

Your access to, use of, and participation in the Website is subject to this Terms of Use, applicable MYSUN regulations, guidelines and additional policies that it may notify from time to time, including without limitation, a copyright policy and any other restrictions or limitations that MYSUN publishes on the Website (the "Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if You fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, MYSUN, at its sole discretion, may terminate your account at any time without prior notice to You, as well as initiate appropriate legal proceedings, if necessary.  

38. Refusal of Service or Access to Website

MYSUN reserves the right, at its sole discretion, to suspend, discontinue or cancel any MYSUN Service or deny access to or use of the Website at any time for any reason whatsoever including but not limited to addressing any technical problem caused by a computer virus, bug, or other technical problem, or for proper administration of the Website or violation of this the Terms of Use, Privacy Policy or other policy of MYSUN. The User agrees that MYSUN, in its sole discretion, may suspend or terminate the User’s password or account (or any part thereof) and restrict the use of the Website, or any part thereof, and remove and discard any materials that the User may submit to the Website, at any time, for any reason, without notice. The User agrees that MYSUN will not be liable to the User or any third party for any suspension or termination of his password, account or use of the Website or any part thereof, or any removal of any materials that the User may have submitted to the Website. In the event that MYSUN suspends or terminates the User’s access to and/or use of the Website, the User will continue to be bound by the Terms of Use that were in effect as of the date of such suspension or termination. If the Registered User or Partner or MYSUN terminates the use of the Website, MYSUN may delete any content or other materials relating to the use of the Website by the End User and/or Partner, in whch event, the User shall be liable to have copied its data, and or stored such data at its own behest, and MYSUN will have no liability to the User or any third party for doing so.  

39. Modifications to or Discontinuation of the Website
    39.1
    • MYSUN reserves the right at its sole discretion, at any time, to modify or discontinue, temporarily or permanently, the Website, Terms of Use (including any document incorporated herein by reference), or any part thereof, with or without notice. MYSUN shall not be liable to any person including any User, Partner or to any third party for any modification, suspension or discontinuance of the Website, Terms and Conditions (including any document incorporated herein by reference) or any part thereof.
    39.2
    • MYSUN may amend the Terms of Use at any time by posting a revised version on the Website. It is hereby clarified that all updates and amendments shall be notified only via posting of the amended Terms of Use on Website, and that there shall be no separate notification which shall be provided to You. Please ensure that You periodically update yourself with the current version of the Terms of Use. The updated Terms of Use will be effective at and from the time MYSUN posts it on the Website. The Users and/or Partners are advised to regularly check for any amendments or updates to the Terms of Use. By use of the Website, the Users shall be deemed to accept and agree to be bound by this Terms of Use as provided from time to time. If You do not want to be bound by the Terms of Use or any future terms and conditions, please do not access or use the Website.

40. No Agency or Partnership No agency, partnership, joint venture, or employment is created as a result of this Terms of Use or your use of any part of the Website or any agreement that may be executed between the User and the Partner. You do not have any authority whatsoever to bind MYSUN in any respect.
41. No Third Party Beneficiaries You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.
42. Assignment Your right to access, or use the Website, or your subscription cannot be assigned, sold or transferred in any manner to any other person, corporate body, firm or individual. MYSUN may at its sole discretion assign this Terms of Use at any point of time.
43. Survival of Rights & Obligations upon termination
43.1. If any part of this Terms of Use is determined to be invalid or unenforceable pursuant to applicable law or term including, but not limited to, the warranty, disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Terms of Use shall continue in effect. Unless otherwise specified herein, this Terms of Use constitutes the entire agreement between You and us with respect to the Website/Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and us with respect to the Website/Service. MYSUN’s failure to act with respect to a breach by You or others does not mean MYSUN waives its rights to act with respect to subsequent or similar breaches.
43.2. Termination of this Agreement shall be without prejudice to the accrued rights and liabilities of the Parties at the time of such termination and all provisions of this Agreement necessary for the continued enjoyment of such accrued rights and liabilities, including but not limited to the Indemnity, Confidentiality and Dispute Resolution provisions of this Agreement shall survive the termination of this Agreement for the period so necessary.

44. Applicable Laws & Jurisdiction of Courts The use of this Website and any Term and Conditions, Privacy Policy or any other document stated in this Terms of Use or executed pursuant hereto is subject to the laws of India. In case of any disputes arising out of the use of the Website, the Courts of Delhi will have exclusive jurisdiction.
45. Dispute Resolution
45.1. If any dispute arises between You and MYSUN during your use of the Website or, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Terms of Use or the documents incorporated by reference (except for any dispute which may arise under or in connection to Clause 19; ‘Suggestions and Feedback’), the dispute shall be referred to a sole Arbitrator, who shall be an independent and neutral third party appointed at the time of such dispute having arisen, by MYSUN. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, as amended from time to time, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
45.2. Notwithstanding the foregoing, You agree that MYSUN itself does not have any role in the execution or provision of services listed by the Partners itself, and hence MYSUN shall not be responsible or liable for any loss or damage of any whatsoever incurred as the result of any such transaction or dealings between the User (excluding the Partner) and the Partner. If there is a dispute between the Users or between the User (excluding the Partner) and the Partner or any User or third party, You acknowledge and agree that MYSUN is under no obligation to become involved. In the event a dispute arises between one or more Users (excluding the Partner), Partner and/or third party(/ies), You hereby release MYSUN, its officers, managers, members, directors, employees, agents and successors from any claims, demands, (actual and consequential) of every kind, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any manner related to such disputes and/or Website or any service provided thereunder.
46. Grievance Officer In compliance and in accordance with the IT Act and rules made there under, the name and contact details of the Grievance Officer are published on the Website.
Rochak Singh Khati
[email protected]
01204753500
47. Report Abuse If You come across any abuse or violation of this Terms of Use, please report to [email protected].