Creator terms of service
SOSH CLUB PVT. LTD.
CREATOR TERMS OF SERVICE
Last Updated: 7thFebruary, 2023
WE WILL POST ANY CHANGES TO THESE TERMS OF SERVICE IN A NOTICE OF THE CHANGE AT THE BOTTOM OF OUR WEB PAGE WITH A HYPERLINK THERETO. WE WILL ALSO SEND YOU AN EMAIL DESCRIBING SUCH CHANGES. PLEASE REGULARLY REVIEW THESE TERMS OF SERVICE. NOTWITHSTANDING IF YOU CONTINUE TO USE OUR SERVICES, YOU ARE BOUND BY ANY CHANGES THAT WE MAKE TO THESE TERMS OF SERVICE.
PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING AND MANDATORY ARBITRATION PROVISION AND THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN LITIGATION AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
- INTRODUCTION TO SOSH CLUB PVT. LTD. AND OUR WEBSITE/PLATFORM
Sosh Store, is is a community shopping experience, where a user can shop products reviewed by people, curate products on one’s own mini-stores, and engage in conversations with one’s favorite brands.
- ELIGIBILITY & ACCESS RESTRICTIONS
To be eligible to use our Website or Platform, you must meet the following criteria and represent and warrant that you: (a) are 18 years of age or older; (b) are not currently restricted from accessing our Website or Platform, or not otherwise prohibited from having an account, (c) are not our competitor, or are not using our Website or Platform for reasons that are in competition with us; (d) will only maintain one registered account at any given time; (e) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (f) will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and (g) agree to provide at your cost all equipment, browser software, and internet access necessary to use our Website or Platform.
- CREATOR SERVICES
- Creating Content:
Creator Services shall include but shall not be limited to the following services, being Creating Content with regard to products that will be available for purchase on Sosh Store, collaborate and work simultaneously along with the Sosh team to create research and insights about products and sharing your content and about Sosh on your social media handles across Social media platforms.
You will earn commissions which shall based on pre-defined slabs decided by Sosh Store, if a purchase happens through any of yourcurated content, wherein you shall receive n% of the sale value.You will be intimated if such sales occur.
- Content Licensing Fees:
Sosh Store may want to license Creator Content in the future or for an alternate use, in which case you will be paid a proportionate share of the licensing fees, and Sosh Store will have the right to the licensing fees as well pursuant to the content license in Section 18.
Creator agrees that the Creator Services shall be rendered by the Creator on a non-exclusive basis, i.e., that Creator may render similar types of Creator Services to any third party at any time during the Term (as defined herein).
6. REPRESENTATIONS AND WARRANTIES.
Creator represents and warrants that: (i) Creator Content will be wholly original and will not infringe upon any copyright, patent, trademark, right of publicity or privacy, or any other proprietary or other right of any person, whether contractual, statutory or common law; (ii) the Services rendered by Creator shall be rendered with due care and shall be of first rate quality; (iii) Creator will not commit any act which brings Sosh Store into public disrepute, contempt, scandal, or ridicule, or which insults or offends the general community to which Sosh Store advertising materials are directed, or which might tend to harm Sosh Storeincluding, without limitation, disparaging the products or services; (iv) Creator’s statements, posts and feedback are true and accurately reflect Creator’s honest opinion and experience with Sosh Store, (v) Creator will comply with all applicablecentral, state and local laws, regulations, administrative guidelines, orders and ordinances, including without limitation, all privacy and data security laws and the terms and conditions of all applicable third party web sites, platforms or applications.
- SERVICE LICENSE
Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use our Website or Platform: (a) for your use in accordance with this Agreement on any compatible device owned or otherwise controlled by you strictly in accordance with this Agreement, and (b) access, stream, download, and use on your compatible device our Website or Platform and content made available in or otherwise accessible through our Website or Platform, strictly in accordance with this Agreement.
You will not use, copy, adapt, modify, prepare derivative works based upon our Website or Platform, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website or Platform, except as expressly permitted in this Agreement. When using and accessing our Website or Platform, you need to make sure that your internet connection is adequate. You are solely responsible for your internet connection including and not limited to the applicable charges, rates, tariffs, and other fees that might apply.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS OR USE OF OUR WEBSITE, APP, OR PLATFORM. WE PROVIDE NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ANY DAMAGE ALLEGED FOR A LOSS OR INJURY IS LIMITED TO THE FEE, IF ANY, PAID TO SOSH CLUB PVT. LTD. FOR THE ABILITY TO ACCESS OR USE OUR WEBSITE OR PLATFORM.
- ACCESS AND SERVICE RESTRICTIONS
You agree that our Platform, including but not limited to the Website, graphics, trademarks, and editorial content, contains proprietary content, information, and material, which are owned by Sosh Club Pvt. Ltd. and/or our licensors or sisters concerns or affiliates, including our customers, brands and agencies, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of our Platform or in any manner that is inconsistent with the terms contained in this Agreement.
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Website or Platform, in any manner, and you will not exploit our Website or Platform in any unauthorized way whatsoever, including but not limited to, using our Website or Platform to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use our Website or Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using our Website or Platform.
- RESERVATION OF RIGHTS
You acknowledge and agree that our Website and Platform are provided for your use. Except to the extent necessary to access and use our Website or Platform, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to our Website or Platform, whether expressly, by implication, estoppel, or otherwise. Sosh Club Pvt. Ltd. and its licensors and service providers reserve and will retain their entire right, title, and interest in and to our Website and Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
- ACCESS RIGHTS
- REQUIRED CONDUCT AND PROHIBITED CONDUCT
As a condition to access our Website or Platform, you agree to this Agreement and to strictly observe the following:
- Required Conduct
- Comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
- Provide accurate information to Sosh Club Pvt. Ltd. and update from time to time as may be necessary;
- Review and comply with notices sent by Sosh Club Pvt. Ltd., if any, concerning our Website or Platform.
- Prohibited Conduct
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit our Website or Platform;
- Reverse engineer, decompile, disassemble, decipher, capture screen shots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Website or Platform, or any part thereof;
- Utilize information, content or any data you view on and/or obtain from our Website or Platform to provide any service that is competitive with us;
- Adapt, modify, or create derivative works based on our Website or Platform or technology underlying our Website or Platform, or other Customers’ content, in whole or in part;
- Rent, lease, loan, trade, sell/re-sell access to our Website or Platform or any information therein, or the equivalent, in whole or part;
- Access, reload, or “refresh” or make any other request to transactional servers that are beyond generally accepted usage of web-based applications;
- Use manual or automated software, devices, scripts robots, other means or processes to “scrape”, “crawl” or “spider” any web pages contained in the Website;
- Use automated methods to add contacts or send messages;
- Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of our Website;
- Attempt to or actually access our Website or Platform by any means other than through the interface provided by Sosh Club Pvt. Ltd.;
- Attempt to or actually override any security component included in or underlying our Website or Platform;
- Engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
- Remove any copyright, trademark, or other proprietary rights notices contained in or on our Website or Platform, including those of both Sosh Club Pvt. Ltd. or any of our licensors;
- Use any information obtained from our Website or Platform to harass, abuse, or harm another Customer; or
- Engage in any action or promote any content that is harmful, offensive, illegal, unlawful, discriminatory, dangerous, profane, or abusive.
- SOSH CLUB PVT. LTD. COMMUNICATIONS
You understand and agree that you may receive information and push notifications from Sosh Club Pvt. Ltd. via email, text message on your compatible device, or calls to your mobile number. You hereby consent to receive communications via email, our App, text message on your mobile device, or calls to your mobile number, if applicable. You acknowledge that you may incur additional charges or fees from your wireless provider for these communications, including text message charges and data usage fees, and you acknowledge and agree that you are solely responsible for any such charges and fees and not Sosh Club Pvt. Ltd.
- Push Notification. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of our Website and Platform.
Our Website and Platform are currently provided to you at no cost. In the event that we change this in the future, we will communicate such modification to you as per the procedure detailed at the top of this page or as otherwise specified in another agreement between Sosh Club Pvt. Ltd.
You agree to indemnify, defend, and hold Sosh Club Pvt. Ltd. and our officers, employees, managers, directors, customers, and agents (the “Indemnitees”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against Indemnitees arising from any of the following: (i) a breach of this Agreement; (ii) the negligence, fraud, or willful misconduct of you or your employees, agents, or contractors; (iii) incorrect information provided by you in your Sosh Store Account or elsewhere; (iv) from the use of Creator Content by reason of any matter connected in any way with the Indemnitees’ exercise of their express or implied rights hereunder, including but not limited to the right to use Creator’s name, or likeness, it being understood that the Indemnitees shall be free to use Customer’s name, voice and likeness in any manner in connection with Creator Content or otherwise in connection with this Agreement; or (v) a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations.
Your access to and use of our Website and Platform or any content are at your own risk. You understand and agree that our Website and Platform are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our Website or Platform or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Website or Platform or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Website or Platform; and (iv) whether our Website or Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through our Website or Platform, will create any warranty or representation not expressly made herein.
SOSH CLUB PVT. LTD. DOES NOT REVIEW, VERIFY, REVISE, ENDORSE, OR OTHERWISE APPROVE ANY CONTENT CREATED OR POSTED BY OUR USERS, AND COMMUNICATED TO OTHER USERS OR THIRD PARTIES VIA OUR WEBSITE OR PLATFORM, BUT SOSH CLUB PVT. LTD. WILL REMOVE CONTENT THAT VIOLATES ANY LAWS OR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL SOSH CLUB PVT. LTD. BE LIABLE IN ANY WAY FOR ANY CONTENT CREATED OR POSTED BY OUR USERS FOR, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF SUCH CONTENT. THE CONTENT IS SOLELY CREATED BY OUR USERS, AND SOSH CLUB PVT. LTD. SPECIFICALLY DISCLAIMS ANY AND ALL ROLE WHATSOEVER WITH RESPECT TO THE CREATION OR POSTING OF SUCH CONTENT.
- LIMITATION OF LIABILITY
You acknowledge and agree that, in no event will Sosh Club Pvt. Ltd. be liable to you or any third party for any indirect, punitive, exemplary, incidental, special, or consequential damages whether in contract, tort (including negligence), or otherwise arising out of this Agreement, or the use of, or the inability to use, our Website or Platform, including, without limitation, any information made available through our Website or Platform pursuant to this Agreement. In the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability for all claims of every kindwill be One Thousand Rupees or one times (1x) the aggregate of payments , whichever is lower, received under this Agreement. The foregoing limitation of liability will cover, without limitation, any technical malfunction, computer error or loss of data, and any other injury arising from the use of our Website or Platform. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that Sosh Club Pvt. Ltd. may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Sosh Club Pvt. Ltd.’s liability will be the minimum permitted under applicable law.
You may terminate this binding legal Agreement with Sosh Club Pvt. Ltd. by providing ten (10) business days prior written notice via your registered email address.
All sections, which by their nature and context are intended to survive the termination of this Agreement, will survive.
- CONTENT LICENSE AND PUBLICITY
Youwill own all the right, title and interest in and to the Creator Contentincluding all intellectual property rights therein. You hereby grant to Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) in the performance of Creator Services communicated, posted or created by Creators through our Website and Platform, and to incorporate any Creator Content in other works in any form, media, or technology now known or later developed. You agree that Company will not be bound to treat any Creator Content as confidential and may use any Creator Content in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations or businesses.
Subject to the terms hereof, Sosh Club Pvt. Ltd. shall have the right to use Creator’s name and/or likeness, social media handle or channel/blog name and any other Creator in connection with publicizing the Creator Content created hereunder including use in any media that accepts advertising or promotional content or communications (such as, but not limited to, digital, print, television or radio), and Sosh Club Pvt. Ltd. may do so without the advance approval of the Creator. Creator, however, may not use the name and/or logo (or other identifying marks) of Sosh Club Pvt. Ltd. without its prior written approval in each instance.
- COPYRIGHT INFRINGEMENT
If you believe that any content on our Website or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent.
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the material on our Website or Platform that you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and email address;
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Sosh Club Pvt. Ltd.’s Copyright Agent to receive Notice is Copyright Manager at Sosh Club Pvt. Ltd., WeWork Galaxy 43, Residency Rd, Shantala Nagar, Ashok Nagar, Bangalore, Karnataka – 560025. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Sosh Club Pvt. Ltd. in connection with the written notification and allegation of copyright infringement.
This Agreement is only for your benefit. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.
- ANTI-BRIBERY AND EXPORT COMPLIANCE
You agree not to promote, approach, use, distribute, transfer, provide, sub-license, share with, or otherwise offer our Website, App, or Platform in violation of any laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act, India Prevention of Corruption Act of 1988 and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release (collectively, “Export”) our Website, App, or Platform to any destination, person, entity or end-use prohibited or restricted under the Indian law without prior Indian government authorization to the extent required by the applicable export control regulations, including without limitation, to any parties listed on any of the denied parties lists or specially designated nationals lists maintained by the Government Authorities, if any.
Sosh Store represents and warrants that it is fully aware of and will comply with, and in the performance of its obligations hereunder will not take any action or omit to take any action that would cause it or its customers to be in violation of, (i) U.S. Foreign Corrupt Practices Act, (ii) U.K. Anti-Bribery Act, (iii) India Prevention of Corruption Act of 1988 or (v) any other applicable anti-bribery statutes and regulations, and (v) any regulations promulgated under any such laws. Company represents and warrants that neither it nor any of its employees, officers, or directors is an official or employee of any government (or any department, agency or instrumentality of any government), political party, state owned enterprise or a public international organization such as the United Nations, or a representative or any such person (each, an “Official”). Company further represents and warrants that, to its knowledge, neither it nor any of the Supplier Personnel has offered, promised, made or authorized to be made, or provided any contribution, thing of value or gift, or any other type of payment to, or for the private use of, directly or indirectly, any Official for the purpose of influencing or inducing any act or decision of the Official to secure an improper advantage in connection with, or in any way relating to, (A) any government authorization or approval involving Sosh Store, or (B) the obtaining or retention of business by Sosh Store. Supplier further represents and warrants that it will not in the future offer, promise, make or otherwise allow to be made or provide any payment and that it will take all lawful and necessary actions to ensure that no payment is promised, made or provided in the future by any of the Supplier Personnel.
- RELATIONSHIP OF PARTIES
The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, or agent/servant. The User has no power or authority to bind Sosh Store to any obligation, agreement, debt or liability.
- GOVERNING LAW
This Agreement shall be governed by the law of the State of Karnataka, without respect to its conflicts of laws principles. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the state and federal courts located in Bangalore, Karnataka for any actions not subject to Dispute Resolution and Arbitration provisions as set forth in Section 24.
- DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SOSH CLUB PVT. LTD. AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Sosh Store agree (a) to waive your and Sosh Store’s respective rights to have any and all Disputes arising from or related to this Agreement, use of our Website, resolved in a court, and (b) to waive your and Sosh Store’s respective rights to a jury trial. Instead, you and Sosh Store agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or a jury in court).
- No Class Arbitrations, Class Actions or Representative Actions
- Arbitration Act
- Notice; Informal Dispute Resolution
You and Sosh Club Pvt. Ltd. agree that each party will notify the other party in writing of any arbitral or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Sosh Club Pvt. Ltd. shall be sent by certified mail or courier to Sosh Club Pvt. Ltd. WeWork Galaxy 43, Residency Rd, Shantala Nagar, Ashok Nagar, Bangalore, Karnataka – 560025.
Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Sosh Club Pvt. Ltd. account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with this Agreement and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Sosh Club Pvt. Ltd. cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Sosh Club Pvt. Ltd. may, as appropriate and in accordance with this Section, commence an arbitration proceeding.
EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND SOSH STORE AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR SOSH STORE WITHIN (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND SOSH STORE WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Sosh Store agree that (a) any arbitration will occur in Bangalore, Karnataka, India, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules as laid down in the Arbitration and Conciliation Act, 1986, and (c) that the courts in Bangalore, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
- Authority of Arbitrator
The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. You agree that the party that prevails in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable. Further, the waivers set forth herein are severable from the other provisions of this Agreement and will remain valid and enforceable, except as prohibited by applicable law.
- Opt-Out Right
YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPTED THE TERMS OF THIS SECTION BY WRITING TO: Sosh Club Pvt. Ltd. WeWork Galaxy 43, Residency Rd, Shantala Nagar, Ashok Nagar, Bangalore, Karnataka – 560025. IN ORDER TO BE EFFECTIVE, THE OPT OUT NOTICE MUST INCLUDE YOUR FULL NAME 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 SECTION 23.