Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the Site (defined below). By accessing or using the Site or by using the Service (defined below), you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the site and immediately terminate your use of the services.

Your Agreement to these Terms and Conditions for availing Service

The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a contract between you being, an individual customer, user, or beneficiary of this service of at least 18 years of age, and SoftAge Communications Private Limited (SCPL) having its registered office at 28A/10 Jia Sarai Hauz Khas, Delhi, 110016 and headquartered at 204, Udyog Vihar, Phase-4, Gurgaon, Haryana-122002. All services are rendered by SCPL through its platform under the brand name ‘10digi’. Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of SCPL. (together with its subsidiaries and other affiliates, “us”, “We” or “10digi”), regarding your use of purchase of prepaid SIM, postpaid SIM or Doungle or such other services which may be added from time to time (all such services are individually or collectively are referred as Service or Services as they case may be).

Service can be used by you subject to your adherence with the terms and conditions set forth below including relevant policies. 10digi reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the “Terms & Conditions” link from time to time to stay abreast of any changes that the “Site” may introduce.

Eligibility

The services are not available to persons under the age of 18. By accepting these Terms & Conditions or by otherwise using the Services or the Site, You represent that You are at least 18 years of age. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.

10digi SIM Selling Module

We are a Reseller Only. 10digi does not provide mobile service and is only a reseller of prepaid SIM, postpaid SIM or Doungle of telecommunications service providers (the ‘Telco’ or ‘Telcos’) or other distributors or aggregators of such Telco’s. 10digi is not a warrantor, insurer, or guarantor of the services to be provided by the Telco’s. SIM/Doungle sold by us to you is sold without recourse against us for any breach of contract by the Telco. Any disputes regarding the SIM, services quality, minutes provided, cost, or other terms of the SIM purchased must be handled directly between You (or the Purchaser of the SIM) and the Telco.

Order and Payments

In order to use the Service, you may need to obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

10digi and/or the 10digi business partner reserve the right to charge and recover from the User, fees for availing the Services. These changes shall be effective from the time they are posted on to the 10digi Website or over the 10digi business partner channel through which you are availing the Service. You are bound by such revisions and should therefore visit the 10digi Website or check with the 10digi business partner channel through which you are availing the Service to review the current fees from time to time. In the event that you stop or seek a reversal of the Payment Instructions as may have been submitted, 10digi shall be entitled to charge and recover from you and you shall be liable to pay such charges to the Bill Payment Service as may be decided by 10digi. These charges shall be charged on to your designated Payment Account or in any other manner as may be decided by 10digi.

Depending upon the 10digi business partner through whom the Service is availed by you (i) the specific features of the Service may differ (ii) the number of Billers available over the Service can differ (iii) the type and range of Payment Accounts that can be used to issue a Payment Instructions can differ and (iv) the modes/devices over which the Service can be accessed can differ; and (v) the charges, fees for availing the Service or any aspect of the Service can differ. Specific details related to these aspects would be available with the 10digibusiness partner or the channel over which the Service is being availed.

From time to time, 10digi, at its sole discretion, can add to or delete from such list types of Payment Accounts that can be used in respect of making payments to a Biller. In any event (i) the type and range of Payment Accounts that can be used for making payments may differ for each Biller depending on Biller specifications (ii) there may be an additional fees/charge when using certain types of Payment Accounts in respect of a Biller; and (iii) the terms upon which a payment can be made to a Biller can differ depending on whether a Card or a Bank Account is used to issue the Payment Instruction. Further depending on the specific facilities allowed by a 10digi business partner, payments to a Biller can be made either (a) by issuing a Payment Instruction for an online debit/charge to a Payment Account; or (b) by scheduling an automated debit to a Payment Account.

In using the Bill Payment Service, you agree to:

  1. Provide true, accurate, current and complete information about yourself (“Registration Data”), your Payment Account details (“Payment Data”), your Biller details (“Biller Data”) and

  2. Maintain and promptly update the Registration Data, Payment Data and Biller Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or 10digi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 10digi has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The term biller includes telecom operators.

    10digi assumes no responsibility and shall incur no liability if it is unable to affect any Payment Instruction(s) on the Payment Date owing to any one or more of the following circumstances:

    1. If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid and delayed.

    2. If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s)

    3. If the funds available in the Payment Account are under any encumbrance or charge.

    4. If your Bank refuses or delays honoring the Payment Instruction(s)

    5. If payment is not processed by biller upon receipt.

    6. Circumstances beyond the control of 10digi(including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force)

      In case the bill payment is not effected for any reason, you will be intimated about the failed payment by an e-mail

Communication Policy

  1. By accepting the terms and conditions the customer accepts that 10digi may send the alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’ mode then the customer may not get / get after delay any alerts sent during such period.

  2. 10digi will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from 10digi as an alert on the mobile phone number provided during the course of service and 10digi shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The customer cannot hold 10digiliable for non-availability of the service in any manner whatsoever.

  3. The customer acknowledges that the SMS service provided by 10digi is an additional facility provided for the customer’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, 10digi shall be immediately informed about the same by the customer and 10digi will make best possible efforts to rectify the error as early as possible. The customer shall not hold 10digi liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility.

  4. The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. 10digi shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.

  5. The customer agrees to indemnify and hold harmless 10digi and the SMS service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which 10digi and the SMS service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the customer, (ii) the customer providing incorrect number or providing a number that belongs to that of an unrelated third party.

  6. Customer also agrees to receive information regarding what 10digi perceives to be of their interest based on usage history via SMS, email & phone call. This includes offers, discounts and general information. In case the customer does not want such information, they have to explicitly ask to be excluded.

  7. By accepting the terms and conditions the customer acknowledges and agrees that 10digi may call the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer, for the purpose of collecting feedback from the customer regarding their travel, the bus facilities and/or services of the bus operator.

  8. Grievances and claims related to the bus journey should be reported to 10digi support team within 10 days of your travel date.

Use of Site

You understand that except for information, products or services clearly indicated as being supplied by the 10digi, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that 10digi cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.

Information Collection

"Personally Identifiable Information" means any information that either on its own or when combined with certain other information can identify an individual and for the purpose of this Privacy Policy usually limited to Your mobile phone number or address.

10digi may obtain the following types of information from or concerning You or Your mobile device, which may include personal information that can be used to identify You as specified below:

User Provided Information:

You provide certain Personally Identifiable Information, such as Your mobile phone number, name and mobile device information to 10digi when choosing to participate in the use of the 10digi application, such as registering as a user, messaging 10digi, uploading images. In order to provide the 10digi service, 10digi shall periodically access Your location on Your mobile phone to ensure a better user experience.

Cookies Information:

When you visit the 10digi Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. 10digi uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the 10digi Site may not function properly if the ability to accept cookies is disabled.

Log File Information:

When you use the 10digi Site or Application, our servers automatically record certain information that your web browser or application sends. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, and various status information. When you use the 10digi application, our servers log certain general information that our application sends whenever a message is sent or received, error information, including time and date stamps of messages sent and received.

10digi may receive data whenever You connect with an application or site through 10digi (such as when you visit an external link from 10digi). This may include date and time You visit the site, the web address and IP address information.

If the recipient can be messaged via the 10digi application, the message is delivered to that recipient via data service routed through our servers. Any messages that are undelivered are held on the 10digi servers until they can be delivered or for a period of 30 days whichever is earlier.

10digi may retain date and time stamp information associated with successfully delivered messages as well as any other information that 10digi is legally compelled to collect in accordance with retention policies applicable under Indian law.

Use of Information

We neither share nor sell without Your consent Your Personally Identifiable Information such as Your mobile phone number and address book and any other information we may collect with any third parties for use for commercial, advertising and or similar marketing purposes without Your consent. However, in the future as a part of a specific promotion or feature You may specifically choose to opt-in/opt-out for any specific product and or service which may allow Your personal information to be used for such purposes.

We may share Your Personally Identifiable Information and Contents to deliver the services desired by You to the extent it is necessary to maintain or further develop and enhance our Application and to ensure the functionality and security of our services and to prevent and investigate any fraud and other misuse.

We may share non-personally-identifiable information (such as anonymous user usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with third-parties to better understand usage patterns for certain content, services, advertisements, promotions, and/or functionality related to 10digi application.

We may use cookies and log file information to:; (a) provide custom, personalized content and information; (b) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and (c) track your entries, submissions, views and such.

We may disclose the Personally Identifiable Information and available user Contents as required pursuant to applicable laws, a directive or order of a government entity or statutory authority or any judicial or regulatory authority or to law enforcement agencies in any official investigation including but not limited to cyber incidents, prosecution and punishment of offences. You agree that 10digi has the right to monitor the Application electronically from time to time and to disclose information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Application properly for justified purposes that are relevant for the features and functionalities of the Application and related services opted by You, or to protect itself or its subscribers. We may transfer Your Personally Identifiable Information or other information collected, stored, processed by 10digi to any other entity or organization located in India or outside India only in case it is necessary for providing services to You in connection with Application. Except with Your consent including under this Agreement for specified purposes, We will not disclose any Personally Identifiable Information to any third party. We will cooperate with the appropriate law enforcement authorities in investigating claims of illegal activity.

You may chose not to submit Personally Identifiable Information through 10digi application in which case we may not be able to provide You part or full services in connection with the application. If You do not agree with any of the Terms including our Privacy Policy, You may delete Your account or not access download and use the Application. Upon deletion of Your account, Your Personally Identifiable Information and any associated Contents, except to the extent required to be retained under applicable law, will be deleted from our servers.

In the interest of protecting Your privacy and for security measures, 10digi ensures to take reasonable steps to identify and authorise You before registering Your mobile phone number and granting You use of the 10digi application.

Prohibited Conduct

By using the Services you agree not to:

  1. Use the Services for any purposes other than to purchase of prepaid SIM, postpaid SIM or Doungle and/or to access the Services in accordance with these Terms and Conditions and as such services are offered by 10digi

  2. Impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase prepaid SIM, postpaid SIM or Doungle with what we reasonably believe to be potentially fraudulent funds

  3. Infringe our or any third party’s intellectual property rights, rights of publicity or privacy

  4. Use the Services if You are under the age of eighteen (18) without a parental sponsor or in any event use the Services if You are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law

  5. Post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person

  6. Post or transmit any message, data, image or program which is pornographic in nature

  7. Refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to 10digi

  8. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Site or features that enforce limitations on the use of the Services

  9. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation

  10. Use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner

  11. Modify, adapt, translate or create derivative works based upon the Services and the Site or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation

  12. Intentionally interfere with or damage operation of the Services or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features

  13. Use any robot, spider, other automatic device, or manual process to monitor or copy the Site without prior written permission

  14. Interfere or disrupt this Site or networks connected to this Site

  15. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network

  16. Use any device, software or routine to bypass the Site’s robot exclusion headers, or interfere or attempt to interfere, with the Services

  17. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site

  18. Sell the Services, information, or software associated with or derived from it

  19. Use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others

  20. Breach this Agreement or any other 10digi agreement or policy

  21. Provide false, inaccurate or misleading information

  22. Use the Site to collect or obtain personal information, including without limitation, financial information, about other users of the Site

  23. Purchase Recharge with what 10digi reasonably believes to be potentially fraudulent funds

  24. Use the Services in a manner that results in or may result in complaints, disputes, reversals, fees, fines, penalties and other liability to 10digi, a third party or You

  25. Use the Services in a manner that 10digi or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules

  26. Take any action that may cause 10digi to lose any of the Services from its service providers, Telcos, payment processors or other suppliers

  27. Send automated request of any kind to the Site’s system without express permission in advance from 10digi.

Termination; Agreement Violations

You agree that 10digi, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. 10digi 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 10digi will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies 10digi may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.

Limitation of Liability and Damages

In no event will 10digi or its contractors, agents, licensors, partners, suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if 10digi or a 10digi authorized representative has been advised of the possibility of such damages. In no event will 10digi or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with 10digi, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or the Site giving rise to the cause of action. You acknowledge and agree that 10digi has offered its products and services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and 10digi, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and 10digi. 10digi would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, 10digi’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.

Indemnification

You agree to indemnify, save, and hold 10digi, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. 10digi reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify 10digi, including rights to settle, and you agree to cooperate with 10digi’s defense and settlement of these claims. 10digi will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, 10digi and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of Merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from 10digi or through the services or the site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term “10digi” includes 10digi’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that 10digi is a reseller of prepaid SIM, postpaid SIM or Doungle and is not liable for any 3rd party (telcos & suppliers) obligations due to rates, quality, and all other instances, whether to any such telco’s subscribers or otherwise. You expressly agree that use of the services and the site is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected. The services and the site and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. 10digi, and its third party suppliers, licensors, and partners do not warrant that the data, 10digi software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. 10digi and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site or any reference sites in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the services, the site or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement. In no event will 10digi be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site.

Ownership; Proprietary Rights

The Services and the Site are owned and operated by 10digi and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by 10digi (the “Materials”) 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. As between you and 10digi, all Materials, trademarks, service marks, and trade names contained on the Site are the property of 10digi and/or third party licensors or suppliers. You agree not to remove, obscure, or alter 10digi or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by 10digi, 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 Materials. 10digi reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to 10digi, and shall assign to 10digi, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Modification of this Agreement

10digireserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, 10digi may be required under applicable law to give you advance notice, and 10digi will comply with such requirements.

Notice

10digi may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Except as otherwise set forth herein, notice to 10digi must be sent by courier or registered mail to SoftAge Communications Private Limited, 204, Phase IV, Udyog Vihar, Gurgaon-122002, India.

Waiver

The failure of 10digi to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by 10digi.

Arbitration

10digi may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New Delhi, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or We may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi, India, necessary to protect the rights or the property of you or 10digi (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.

Governing Law and Forum for Disputes

Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against 10digi must be resolved by a court located in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.

Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

Assignment

This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This is the entire agreement between you and 10digi relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by 10digiin accordance with the terms of this Agreement.

Website: www.10digi.com