Terms of service

Welcome to the Oscar Daisy. Website at https://www.oscardaisy.pet (the “Site”). These Terms and Conditions of Service (this “Agreement”) apply to those who visit and use the Site (such users, collectively or individually “Users”) and to all services provided by Oscar Daisy in connection with the Site (such services together with the Site, the “Services”) including without limitation our subscription dog food service.

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT (AMONG OTHER THINGS) PROVIDES IN SECTION 24 THAT YOU AND Oscar Daisy WILL ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND THAT YOU WILL NOT BRING CLASS ACTION CLAIMS AGAINST OSCAR DAISY, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

BEFORE VIEWING OR BROWSING THE SITE OR USING THE SERVICES, PLEASE READ THIS AGREEMENT CAREFULLY. BY COMPLETING A PURCHASE ON OSCARDAISY.PET YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS HEREIN. YOUR ACCEPTANCE OF THIS AGREEMENT CREATES A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY. IF YOU DO NOT AGREE WITH ANY ASPECT OF THIS AGREEMENT, THEN DO NOT COMPLETE A PURCHASE.

Note for Children. Use of the Site by anyone under the age of 13 is prohibited. By using the Site, you represent and warrant that you are at least 13 years of age. Additionally, the Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law.

  1. Privacy Policy. Oscar Daisy’s Privacy Policy, found at https://oscardaisy.pet/policies/privacy-policy is hereby incorporated into this Agreement. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.
  2. Individual Features and Services. When using the Services, you will be subject to any additional posted guidelines or rules applicable to specific services, offers and features which may be posted from time to time, including, without limitation, guidelines for pausing or cancellation of the Services available in the password-protected member account management area at http://www.oscardaisy.pet/users/login(the “Guidelines”). All such Guidelines are hereby incorporated by reference into this Agreement. Please note that additional and/or different conditions and terms of use may apply to media, contests, competitions, or services provided through one or more of our partners or business associates, and you should refer to those before using such services.
  3. Modification. We may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after we provide notice of the Changes, whether such notice is provided through the Service user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.
  4. Registration and Membership; Product Sales. In order to start your ongoing Oscar Daisy monthly subscription, you must register as a member on our Site either by Google or Facebook Social Login ids. To register, you must provide information about your dog (including its name and size), your selected subscription plan and shipping information including your address and billing information, and your valid email address to create your login profile. All information that you provide to Oscar Daisy, including your credit card information, is subject to Oscar Daisy’s Privacy Policy. You are responsible for keeping your registration information up to date through the member account management area on the Site. As a registered user of Oscar Daisy, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our newsletter and similar communications. You may opt-out from receiving special promotions or our newsletter by opting to unsubscribe as may be provided in the applicable e-mail correspondence. You cannot opt-out of certain e-mails regarding transactions you enter into with us.
  5. Meal Delivery. As a subscribed Oscar Daisy member, at the intervals specified in your selected subscription plan, we will deliver you the meals specified in your selected subscription plan (“Products”). BY SUBSCRIBING YOU AGREE TO PAY THE SUBSCRIPTION FEE APPLICABLE TO YOUR SUBSCRIPTION PLAN.
  6. Billing and Payments.
    1. The price of the Services and/or Products is payable in full before delivery. When you first sign up for a subscription to a Oscar Daisy subscription plan (a “Plan”), you are charged only for the reminder of the billing cycle which is till the end of that month. Your full subscription will be charged from 1st of the next month. Plans are continuous AUTORENEWING subscription plans, be default and you will be charged the applicable price listed for the Plan until your subscription is cancelled. If you don’t have the relevant payment methods (Accepted Credit and Debit cards for Auto-renewal, then you can choose to pay month on month, by selecting the appropriate check box. Remember in this method, the payment has to be done manually by you every month before 5th for the continuation of service. If you wish to pause, cancel or modify your subscription to a Plan, you can do so at any time as described in Section 6.4; however, except as noted otherwise below, any amounts charged to or paid by you prior to such pause or cancellation will be refunded within 45 days after the end of the billing cycle ,and pauses or cancellations may not impact any order for which you have already been charged, depending on the state of the order.. You authorize us to continue billing the payment card on file during the term of your subscription plan until and unless the subscription plan ends or is paused or cancelled in accordance with the foregoing guidelines and policies. It is your responsibility to keep your payment method up-to-date, as well as to cancel your membership as described in the password-protected member account management area should you wish to discontinue your purchase of Products.
    2. We may change the price of a Plan, introduce new Plans, or remove Plans from time to time, and will communicate any price or Plan changes to you in advance in accordance with Section 19 of this Agreement. Price and Plan changes will take effect as of the next billing period following the date on which we provided notice to you of the price or Plan change. By continuing to use Oscar Daisy after the effective date of a price or Plan change, you indicate your acceptance of such price or Plan change. If you do not agree with a price or Plan change, you have the right to reject the change by canceling your subscription(s) prior to the effective date of the price or Plan change. Please make sure you read any notifications of price or Plan changes carefully.
    3. Payment processing for the Services is provided by Razor Pay or such other third party payment processor as we may utilize from time to time (“Payment Processor”). Oscar Daisy does not collect or store your credit card information. You can find out more about both our privacy practices and our Payment Processor’s privacy practice in our Privacy Policy and the links therein. By providing a credit card or other payment method accepted by Oscar Daisy, you represent and warrant that you are authorized to use the designated payment method and that you authorize our Payment Processor to charge your payment method for the total amount of your transaction and any applicable fees (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your account may be suspended or cancelled. You must resolve any problem we or our Payment Processor encounters in order to proceed with your use of your account.
    4. PAUSE/CANCEL A SUBSCRIPTION. FOLLOWING YOUR PLAN SELECTION AND PLACEMENT AND RECEIPT OF YOUR FIRST ORDER, YOU MAY PAUSE OR CANCEL A SUBSCRIPTION TO A PLAN AT ANY TIME ONLINE BY MANAGING YOUR ACCOUNT AT ON THE SITE, OR BY EMAILING US AT hello@oscardaisy.com. PLEASE NOTE, REFUNDS WILL BE PROCESSED WITHIN 45 DAYS AFTER THE END OF THE BILLING CYCLE, AND A PAUSE OR CANCELLATION MAY NOT IMPACT ANY ACTIVE ORDER FOR WHICH YOU HAVE ALREADY BEEN CHARGED, DEPENDING ON THE STATUS OF THE ORDER. TO AVOID BEING CHARGED FOR PLACED ORDERS THAT YOU NO LONGER WISH TO RECEIVE IN THE EVENT OF A SUBSCRIPTION PAUSE, YOU MUST PAUSE AT LEAST 2 DAYS PRIOR TO THE DATE WHEN YOU WANT TO PAUSE. IF YOU CANCEL A SUBSCRIPTION TO A PLAN BEFORE RECEIVING YOUR FIRST ORDER, YOUR FIRST ORDER MAY OR MAY NOT BE CANCELLED AND RELATED AMOUNTS PAID MAY OR MAY NOT BE REFUNDED TO YOU, DEPENDING ON FACTORS INCLUDING THE STATE OF YOUR ORDERS IN OUR PRODUCTION PROCESS, AND ANY PROMOTIONS APPLIED. YOU WILL BE NOTIFIED IF ANY OF YOUR CHARGED ORDERS WILL BE CANCELLED AND REFUNDED, OR IF YOU WILL STILL RECEIVE THE ORDER AFTER CANCELLATION.
  7. Delivery, Shipping and Risk of Loss; Taxes. Unless otherwise indicated at the time of your purchase, shipping, delivery and handling fees are included with your order. Delivery dates and/or arrival times are only estimates. You must notify Oscar Daisy within 10 days of the date of your purchase if you believe all or part of your order is missing or damaged. Replacement of Products are subject to our investigation. We will adjust your account at our discretion. Repeated claims of undelivered Products may result in the cancellation of your membership. You may be charged, and are solely responsible for, applicable local and state sales tax, if applicable.
  8. Returns and Exchanges. As the Products are perishable food items, Products may not be returned or exchanged. If you have concerns or problems with the Products you receive, please contact us at hello@oscardaisy.com or via the contact area on the Site and we will attempt to resolve the issue. Oscar Daisy shall not issue any refunds for the Products or Services except at its sole discretion.
  9. International Access. The Site may be accessed from countries other than the India. However, the Products and Services are only available for sale within India. If you access and use this Site outside India you are responsible for complying with your local laws and regulations.
  10. Errors, Inaccuracies, and Omissions. Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
  11. Ownership; Proprietary Rights. The Services are owned and operated by Praveen M, under the name of Oscar Daisy. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Services that are provided by Oscar Daisy (“Oscar Daisy Assets“) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Oscar Daisy Assets contained on the Site are the copyrighted property of Oscar Daisy or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Oscar Daisy or its affiliates and/or third-party licensors. Except as expressly authorized by Oscar Daisy, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Oscar Daisy Assets.
  12. Third Party Sites. The Services may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that Oscar Daisy is not responsible and shall have no liability for the content of such third party sites and services, products or services made available through them, or your use of or interaction with them.
  13. Third-Party Services. The Services may include features or functionality that interoperate with online services operated by third parties (such services, “Third-Party Services”), pursuant to agreements between Oscar Daisy and the operators of such Third-Party Services (such agreements, “Third-Party Agreements” and such operators, “Operators”) or through application programming interfaces or other means of interoperability made generally available by the Operators (“Third-Party APIs”) which Oscar Daisy does not control. Third-Party Agreements and Third-Party APIs (and the policies, terms and rules applicable to Third-Party APIs) may be modified, suspended or terminated at any time. Oscar Daisy shall have no liability with respect to any such modification, suspension or termination. You are responsible for ensuring that your use of the Services in connection with any Third-Party Service complies with all agreements, policies, terms and rules applicable to such Third-Party Service.
  14. Prohibited Uses.
    1. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by this Agreement. Access to the Oscar Daisy Assets or the Services from territories where their contents are illegal is strictly prohibited. Oscar Daisy Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.
    2. Any use of any of the Oscar Daisy Assets other than for private, non-commercial use is strictly prohibited.
    3. You may not use the Services in any manner that in our sole discretion could damage, disable, overburden, or impair them or interfere with any other party’s use of the Services. You may not intentionally interfere with or damage the operation of the Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services. You may not attempt to gain unauthorized access to the Services, or any part of them, other accounts, computer systems or networks connected to the Services, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You agree neither to modify the Services in any manner or form, nor to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services.
    4. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, crawler or other automated means to access the Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services.
    5. You may not utilize framing techniques to enclose any trademark, logo, or other Oscar Daisy Assets without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Oscar Daisy’s name or trademarks without our express written consent.
    6. You may not deep-link to the Services and will promptly remove any links that Oscar Daisy finds objectionable in its sole discretion. You may not use any Oscar Daisy logos, graphics, or trademarks as part of the link without our express written consent.
    7. You may not send junk mail to other Users, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
  15. Information. In order to access certain services on the Services, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Services under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.
  16. User Communications. Under this Agreement, you consent to receive communications from Oscar Daisy electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  17. Ownership of Feedback. Oscar Daisy alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services and any reviews, comments, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services (collectively, “Feedback”). You are not required to provide any Feedback to Oscar Daisy. To the extent you do provide any Feedback to Oscar Daisy you agree to assign and hereby do assign to Oscar Daisy all right, title and interest in and to such Feedback and agree that Oscar Daisy may freely utilize such Feedback without compensation to you.
  18. Availability of Services. Oscar Daisy may make changes to or discontinue any of the media, contests, products, or services available within the Services at any time, and without notice. The media, products, or services on the Services may be out of date, and Oscar Daisy makes no commitment to update these materials on the Services.
  19. Notice. Except as explicitly stated otherwise, legal notices shall be served to the email address you provide to Oscar Daisy during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration or purchase process. In such case, notice shall be deemed given three days after the date of mailing.
  20. Violations; Termination. You agree that Oscar Daisy, in its sole discretion and for any or no reason, may terminate any member or customer account (or any part thereof) you may have at the Services or your use of the Services, at any time. Oscar Daisy may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Oscar Daisy shall not be liable to you or any third-party for any such termination. Oscar Daisy does not permit copyright infringing activities on the Services, and reserves the right to terminate access to the Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Oscar Daisy may have at law or in equity. You agree that Oscar Daisy shall not be liable to you or any third-party for any such termination. Sections 6 (with respect to payment obligations accruing prior to such termination or expiration), 8, 11, 12, 13, 15, 17 and 19 through and including 25 will survive any termination of this Agreement.
  21. Disclaimers; No Warranties. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR USE OR CONSUMPTION BY YOUR DOG. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES OR INTERACTIONS WITH ANY MEDICATIONS. THE SERVICES AND ANY THIRD-PARTY, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OSCAR DAISY, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. OSCAR DAISY, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OSCAR DAISY, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Oscar Daisy NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.
  22. Indemnification; Hold Harmless. You agree to indemnify and hold Oscar Daisy, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Services, violation of this Agreement, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Oscar Daisy reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
  23. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Oscar Daisy OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE Oscar Daisy MATERIALS ON THE SERVICES, THE SERVICES THEMSELVES, OR ANY OTHER INTERACTIONS WITH Oscar Daisy, EVEN IF Oscar Daisy OR A Oscar Daisy AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OSCAR DAISY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OSCAR DAISY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE FEES ACTUALLY PAID BY YOU TO Oscar Daisy IN THE MONTH IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE APPLICABLE CLAIM. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN Oscar Daisy AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SERVICES.
  24. Arbitration.
    1. Agreement to Arbitrate. This Section 24 is referred to herein as the “Arbitration Agreement.” The parties that any and all controversies, claims, or disputes between you and Oscar Daisy arising out of, relating to, or resulting from this Agreement (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims), shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies).
    2. Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
    3. Procedures. Arbitration will be conducted by a neutral arbitrator in accordance as modified by this Arbitration Agreement. If there is any inconsistency between the Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 23.
    4. Venue. The arbitration shall be held in Chennai.
    5. Governing Law. The arbitrator will decide the substance of all claims in accordance with the laws of the state of Tamil Nadu, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Service users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.
    6. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the Indian Arbitration Act 2015 Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
    7. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
    8. Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 24.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 24.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
  25. Miscellaneous.
    1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Republic of India without giving effect to any principles of conflicts of law.
    2. Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or the Services that is not subject to arbitration under Section 24 shall be filed only in the city of Chennai and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
    3. Waiver. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
    4. Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
    5. Assignment. This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Oscar Daisy without restriction.
    6. Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
    7. Entire Agreement. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement or Guidelines made by Oscar Daisy as set forth in Section 3 above.
    8. Claims. YOU AND Oscar Daisy AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
    9. Disclosures. The Site is operated by Praveen M under the name of Oscar Daisy., located at 16A APN Nagar, Selaiyur, Chennai 600073