Terms & Conditions


Terms & Conditions

INTRODUCTION

Last Updated: February 1, 2021

Serving Citizen (“Serving Citizen,” “Serving Citizen App”, “our,” “we,” or “us”) is an online marketplace for buying and selling products and services for the users in India. Please read our Terms of Service to understand Serving Citizen’s terms of accessing the platform.

By accessing Serving Citizen and its related websites, mobile apps, services, applications, or tools (Collectively referred to as "Serving Citizen") you are agreeing to the following terms, including those available by hyperlink, which are designed to make sure that Serving Citizen works for everyone. These Terms of Service constitute a legally binding agreement between you and Serving Citizen.com. These terms are effective from the time you log in to Serving Citizen. By accepting these terms, you are also accepting and agreeing to be bound by the Privacy Policy, Listing Policy, Infringement Policy and other policies alongwith other terms.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, PLEASE DO NOT USE THE WEBSITE OR MOBILE APPLICATION.

1. Introduction

These Terms of Service together with the Privacy Policy available at Serving Citizen.com, the other policies of the Website mentioned under "Help Centre" section or elsewhere on the Website, and any other terms which may apply to specific Services ("Additional Service Terms") together with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which you are allowed to access and use the Website and avail the Services.

If you are accessing the Serving Citizen mobile application or accessing the Services through the Serving Citizen mobile application, then while these Terms of Service will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Android's Playstore, Apple's iTunes, Microsoft's store from time to time) which will govern the use of the mobile application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms of Service by way of reference.

2. CHANGES

We may periodically change the Terms of Services without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the site, and any use of the site after such revisions have been posted signifies your consent to the changes.

3. Access to the Services

  1. Registration. In order to set up accounts and use our Services, Customer may provide information, such as IP address, username, password, and personally identifiable information (e.g., name, phone number, email address, GPS coordinates, etc.) (“User Data”). You must register for our Services using accurate data, provide your current mobile phone number, and, if you change it, update this mobile phone number using our in-app change number feature. You also agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.
  2. Address Book. You provide us the phone numbers and of your other contacts in your mobile phone address book as and when required to avail certain services. You confirm you are authorized to provide us such numbers to allow us to provide our Services.
  3. Age. You must be at least 18 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
  4. Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
  5. Fees and Taxes. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.

4. USING SERVING CITIZEN

As a condition of your use of Serving Citizen (including Serving Citizen.com and its related websites, services, applications and tools) you agree that you will not:

ü  violate any laws;

ü  You will not list any prohibited product or service which is mentioned in our Ad Listing Policy;

ü  post any threatening, abusive, defamatory, obscene or indecent material;

ü  post or otherwise communicate any false or misleading material or message of any kind;

ü  shall not infringe any intellectual property, trade secret, or other proprietary right or rights of publicity or privacy of any third party;

ü  distribute spam, chain letters, or promote Ponzi schemes;

ü  distribute viruses or any other technologies that may harm Serving Citizen or the interests or property of Serving Citizen users;

ü  impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Serving Citizen;

ü  copy, modify, or distribute any other person's content without their consent;

ü  use any robot spider, scraper or other automated means to access Serving Citizen and collect content for any purpose without our express written permission;

ü  harvest or otherwise collect information about others, including email addresses, without their consent;

ü  copy, modify or distribute rights or content from the Serving Citizen site, services, applications or tools or Serving Citizen's copyrights and trademarks;

ü  harvest or otherwise collect information about users, including email addresses, without their consent

ü  bypass measures used to prevent or restrict access to Serving Citizen;

ü  sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

You are solely responsible for all information you submit on Serving Citizen platform and any consequences that may result from posting an Ad, chatting with other users or making an audio/video call. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of Serving Citizen either temporarily or permanently, or refuse a user's registration. If we believe that you are breaching these Terms of Service in any way and/or behaving suspiciously on the Serving Citizen websites, services, applications or tools, we may, at our discretion, inform other Serving Citizen users that have been in contact with you and recommend that they exercise caution.

5. Abusing Serving Citizen

Serving Citizen and its community work together to keep the Serving Citizenwebsites, services, applications and tools working properly and the community safe. Please report problems, offensive content and policy breaches to us using our reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Serving Citizen if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Serving Citizen employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Serving Citizen or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on Serving Citizen or use of Serving Citizen by users. The Serving Citizen is owned and operated by Athi Online Solutions Private Limited, the terms "We", "Us", "Our", “Company”, “Athi Online Solutions”, “Serving Citizen” shall mean Athi Online Solutions Private Limited.

6.FEES AND SERVICES

Using Serving Citizen is generally free, but we do charge a fee for certain services e.g. Promoting your Ad. If the service you use incurs a fee, you'll be able to review the terms at the time you post your ad. Our fees are quoted in Indian Rupees, and we may change them from time to time. You will be able to view the current fees while posting the Ad at Serving Citizen website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

You are responsible for paying the Serving Citizen fees when they're due. If you don't, without prejudice to any other right or remedy we may be entitled to under these Terms of Service or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms./p>

You acknowledge that your ads may be deleted from the Serving Citizen sites, services, applications or tools in case we believe these Terms of Service, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund the Serving Citizen users for any fees paid through use of our sites, services, applications and tools in the following cases:

ü  If you breach, in our opinion, these Terms of Service, which include, without limitation, the Ad Listing policy rules;

ü  If your ads went live on the Serving Citizen site, services, applications or tools, even for a limited time;

ü  If your ads are posted in any category for the product or service which are prohibited as per the Ad Listing policy;

ü  If your ads are placed into "edit" mode and will go live to site once updated by you;

ü  If you have removed your ads yourself;

ü  If you post duplicate ads as defined in our rules regarding duplicate ads;

ü  If we believe that your ads are in a significantly wrong category;

ü  Please note that the above list is not exhaustive. In most cases, if you have already posted your Ad and paid the fees of your Ad and the Ad became Live on our platform even for a short period of time, you will not be eligible for any refund.

7. Registration Data

You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian's registered account.

Company may add to or change or update these Terms of Service, from time to time entirely at its own discretion. You are responsible for checking these Terms of Service periodically to remain in compliance with these terms. Your use of a Site after any amendment to the Terms of Service shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.

8. VIOLATIONS BY USER

You agree that in the event your listing, posting or your information violates any provision of this Terms of Service or the Ad listing policy, we shall have the right to terminate and or suspend your membership of the Site and refuse to provide you or any person acting on your behalf, access to the Site.

9. How your Information is Used

We may use information provided by you to: (i) (i) enforce our Terms of Service, monitor user activity, such as keyword searches or new postings, and more effectively manage traffic on the Website; (ii)(ii) provide customer support services to create and manage user accounts. Also, we may share with third-party service providers certain information, such as your browser capabilities or operating system, that we have collected in order to better understand which advertisements and services may interest you. We may block users located in certain countries from using the Website. We may retain such information for as long as is required to fulfil our business objective, even after your account has been terminated.

10. Managing your Account

In order to access and use some or a portion of the Services, you may be required to register with Serving Citizen and set up an account with your phone number, email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password, activities that occur under your account and other personal details.

In order to access your account, you may connect to the Services with a third-party service (e.g., Facebook, Google, etc) and you give us permission to access, store, and use your information from that service as permitted by that service to manage your account. If you find that your Account may have been hacked, compromised or misused by any means, contact us immediately at Serving Citizen’s Customer Support at [email protected]

11. Material Submitted by Users

All the Products and Services offered on the site contain material submitted by users. Serving Citizen or its parent accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. You will indemnify and hold Athi Online Solutions harmless against all third party claims, demands and actions brought against company which arises from or relates to the material submitted by you.

12. CONTENT

You agree not to copy, modify, or distribute Serving Citizen products or services, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. Serving Citizen is authorised to use all images that are posted on its website or mobile application during Ads postings. If you believe that your rights have been violated, please notify at Serving Citizen Customer support and we will investigate the matter on priority. We reserve the right to remove content where we have grounds for suspecting the violation of our terms or the rights of any other party.

13. INTELLECTUAL PROPERTY INFRINGEMENTS

Do not post content that violates the rights of third parties. This includes, but is not limited to, content that infringes such as copyright and trademark (e.g. counterfeit items). We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any other party's rights.

If you found that any Ad listing infringes your intellectual property rights, all you need to do is download our Copyright Infringement form, fill it out, and send it to us at [email protected] citizen.com. You can download the form by here After we receive your first Infringement form, Serving Citizen will confirm the receipt of your enrolment form and send you the instructions on how to submit future reports electronically, if any. We reserve the right to share, in accordance with applicable law, the completed Infringement form with the third party that originally posted the potentially infringing Ad listing and with the government authorities to verify the claim if necessary.

14. Disclaimer of Warranties

A. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE SERVING CITIZEN SERVICE, THE MATERIALS, THE PAID OR UNPAID SERVICES, AND ANY ITEMS SOLD BY USERS THROUGH THE SERVING CITIZEN SERVICE ARE PROVIDED ON AN “AS IS” BASIS.

B. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVING CITIZEN SERVICE, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN, AND ANY ITEMS SOLD THROUGH THE SERVING CITIZEN SERVICE.

C. WITHOUT LIMITING THE FOREGOING, NEITHER SERVING CITIZEN NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR THE DIRECTORS, RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS OR REPRESENTATIVES OF SUCH PARTIES (COLLECTIVELY, THE "SERVING CITIZEN” PROVIDERS") REPRESENT OR WARRANT (I) THAT THE SERVING CITIZEN SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE SERVING CITIZEN SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR ERROR FREE; (II) THAT THE SERVING CITIZEN SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE SERVING CITIZEN SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVING CITIZEN SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE SERVING CITIZEN SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS AVAILABLE ON OR THROUGH THE SERVING CITIZEN SERVICE; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT THE SERVING CITIZEN SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE SERVING CITIZEN SERVICE ARE NON-INFRINGING.

D. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH THE SERVING CITIZEN SERVICE MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SERVER FAILURE, SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, NATURAL DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES OUTSIDE OF OUR REASONABLE CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE SERVING CITIZEN SERVICE.

Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

15. Assumption of Risk

You acknowledge and agree that there are risks associated with utilizing services of an Internet-based marketplace. You are solely responsible for, and assume all risks related to, selling and buying through Serving Citizen’s Internet-based marketplace.

16. Limitation of Liability

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT SHALL SERVING CITIZEN (OR ANY SUPPLIER, LICENSOR OR CHANNEL PARTNER OF SERVING CITIZEN) BE LIABLE WITH RESPECT TO ANY CAUSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN AN ACTION BASED ON A CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, HOWEVER ARISING, FOR (A) INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (B) DAMAGES BASED ON LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA OR BREACHES IN SYSTEM SECURITY OR (C) ANY DAMAGES THAT EXCEED THE TOTAL FEES PAID AND/OR OWED BY CUSTOMER FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT WHICH GIVES RISE TO SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY WHETHER OR NOT SERVING CITIZEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

17. Release

If you have a dispute with one or more Serving Citizen users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

18. Indemnification

You will indemnify and hold harmless Serving Citizen and its affiliates and our and their respective officers, directors, employees, sales agents and its affiliates (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Serving Citizen Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

19. Reviews, Ratings & User Comments

Customer reviews are meant to give customers genuine feedback from fellow shoppers. Our goal is to capture all the positive and negative reviews that customers have about a product or service while avoiding use of reviews to outright advertise, promote and especially mislead. We have a zero tolerance policy for any review designed to mislead or manipulate customers. Customer reviews help customers learn more about the product or service, hear the reasons behind your star rating, and ultimately decide if this is the right product or service from the right seller is for them or not.

Here are few highlights of our review system:

  1. Leaving a buyer's feedback is a basic prerogative of a buyer. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.
  2. To prevent any misuse of our feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Serving Citizen from users within our Community.
  3. Feedback ratings given by buyers are publicly displayed on seller’s page at Serving Citizen website and mobile. Buyers have the option not to include a comment, but still rate the service.
  4. Sellers cannot solicit the removal of feedback reviews from the buyers through mutual consent.
  5. Also Serving Citizen reserves the right to mask or unmask your identity in respect of your reviews, ratings & comments posted by you.
  6. Serving Citizen cannot review all communications made on and through any of the mediums of Serving Citizen. However Serving Citizen has the right, but not the obligation to monitor and edit or remove any content posted by you as review, rating or comments at its sole discretion.

Examples of reviews that we don't allow:

  1. A product manufacturer posts a review of their own product, posing as an unbiased shopper.
  2. A buyer, unhappy with his purchase, posts multiple negative reviews for the product/ service.
  3. A customer posts a review in exchange for a fee in cash or kind.
  4. A family member of the seller posts a five-star customer review to help boost sales.
  5. A shopper posts a review of the product, after being promised a gift in exchange.
  6. A seller posts negative reviews on his competitor's product.

Customer posting a review in exchange of fee, gift or posting a fake review will be banned from our platform permanently and we may take legal action against you for misleading. Further, you shall indemnify and protect Serving Citizen against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments. Serving Citizen takes no responsibility and assumes no liability for any content posted by you or any third party on Serving Citizen site or on any mediums of Serving Citizen.

You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. Also Serving Citizen reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.

By any chance, if you think we got it wrong and removed a customer review that we shouldn’t have, please e-mail: [email protected] and we will take another look.

20. Personal Information

By using Serving Citizen, you agree to the collection, transfer, storage and use of any personal information provided by you on the Site by Athi Online Solutions Private Ltd. The data is stored and controlled on servers located in United State & India as further described in our Privacy Policy. You also agree to receive marketing communications from us unless you specifically indicate otherwise in writing to us through [email protected] . You may send questions about this policy to [email protected]

21. Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Serving Citizen website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Serving Citizen reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Serving Citizen's notice or if it is discovered that you are under the age of 18 years.

22. Posting Agents

As used herein, the term "Posting Agent" refers to a third-party agent, service or intermediary that offers to post Content to the Service on behalf of others. Serving Citizen strictly prohibits the use of Posting Agents, directly or indirectly, without the express written permission of Serving Citizen. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from Serving Citizen.

23. No Spam Policy

You understand and agree that sending unsolicited email advertisement or other unsolicited communications to Serving Citizen users or through Serving Citizen web service is expressly prohibited by these Terms. You acknowledge and agree that from time to time Serving Citizen may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one users to another in the Serving Citizen email system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms. If you use Serving Citizen web services or mobile application to send unsolicited e-mails to Serving Citizen users or any other third party, Serving Citizen will have the right to terminate or suspend your account without any advance notice to you. Additionally, any unauthorized use of Serving Citizen service is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

24. Application Use

Serving Citizen grants you the right to use the Mobile Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.Serving Citizen.com website. You download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.

25. Mobile Device Terms

If you're accessing Serving Citizen Services from a mobile device using a Serving Citizen Mobile Application (the "Application"), or on our Mobile friendly mobile site, the following terms and conditions ("Terms of Service") apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Terms of Service.

26. Intellectual Property

Serving Citizen owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Serving Citizen's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Serving Citizen Mobile Application.

27. Monitoring

Company shall have the right, but not the obligation, to monitor User Content posted or uploaded to the Site to determine compliance with these Terms of Service and any operating rules established by Serving Citizen and to satisfy any law, regulation or authorized government request. Although Serving Citizen has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Site, We reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense. In addition, we may share personally identifiable information in response to a law enforcement agency's request, or where we believe it is necessary, or as otherwise required or permitted by law. See Serving Citizen Privacy Policy for more details.

MORAL RIGHTS

If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the use, modification, deletion and exploitation of the User Content by Serving Citizen or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release Serving Citizen, and its licensees, successors and assigns, from any claims that you could otherwise assert against Serving Citizen by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.

28. Moral Rights

If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the use, modification, deletion and exploitation of the User Content by Serving Citizen or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release Serving Citizen, and its licensees, successors and assigns, from any claims that you could otherwise assert against Serving Citizen by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.

29. Resolution of Disputes

If a dispute arises between you and other Serving Citizen user, we strongly encourage you to first contact the user directly to seek a resolution, alternatively by contacting Serving Citizen support team via our support mechanism mentioned in our Help Centre. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

30. Other Terms

ü  Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Serving Citizen and our Services, and supersede any prior agreements.

ü  We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.

ü  Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.

ü  Our Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.

ü  Any amendment to or waiver of our Terms requires our express consent.

ü  We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Updated” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.

ü  All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

ü  You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.

ü  Nothing in our Terms will prevent us from complying with the law.

ü  Except as contemplated herein, our Terms do not give any third-party beneficiary rights.

ü  If we fail to enforce any of our Terms, it will not be considered a waiver.

ü  If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.

ü  We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.

ü  We always appreciate your feedback or other suggestions about Serving Citizen and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

31. Governing Law & Jurisdiction

This Agreement, and any legal claim, suit, action or proceeding arising out of this Agreement, whether sounding in contract, tort or otherwise, shall be governed by and construed in accordance with the Laws of India without giving effect to any choice or conflict of law provisions or rules in any jurisdiction. The Courts of law at New Delhi shall have exclusive jurisdiction over any disputes arising under this agreement.

32. Miscellaneous

This Agreement, together with any Order Forms, constitutes the sole and entire agreement between the parties with respect to the subject matter contained herein, and replaces and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. Where there is a direct conflict between this Agreement and an Order Form, the terms contained in the Order Form will apply. Except as provided herein, no waiver of, addition to, or amendment to any provision of this Agreement by any party shall be effective unless explicitly set forth in a signed writing. Except as otherwise set forth in this Agreement, no failure or delay to exercise any right, remedy, or power arising from this Agreement, in whole or in part, shall operate or be construed as a waiver thereof or preclude any further exercise thereof or the exercise of any other right, remedy, or power. Except for Customer’s payment obligations, neither party shall be in default hereunder by reason of any failure or delay in the performance of its obligations hereunder where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, strike, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or non-availability of electrical power or equipment, or any other circumstances or causes beyond a party’s reasonable control.

33. General

These terms and the other policies posted on Serving Citizen constitute the entire agreement between Serving Citizen and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. By using this website and mobile apps you are agreeing to be bound by the current version of our Terms and Conditions of Use. Send questions, comments or complaints to Serving Citizen Support at [email protected]

supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. Where there is a direct conflict between this Agreement and an Order Form, the terms contained in the Order Form will apply. Except as provided herein, no waiver of, addition to, or amendment to any provision of this Agreement by any party shall be effective unless explicitly set forth in a signed writing. Except as otherwise set forth in this Agreement, no failure or delay to exercise any right, remedy, or power arising from this Agreement, in whole or in part, shall operate or be construed as a waiver thereof or preclude any further exercise thereof or the exercise of any other right, remedy, or power. Except for Customer’s payment obligations, neither party shall be in default hereunder by reason of any failure or delay in the performance of its obligations hereunder where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, strike, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or non-availability of electrical power or equipment, or any other circumstances or causes beyond a party’s reasonable control.

33. General

These terms and the other policies posted on Serving Citizen constitute the entire agreement between Serving Citizen and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. By using this website and mobile apps you are agreeing to be bound by the current version of our Terms and Conditions of Use. Send questions, comments or complaints to Serving Citizen Support at [email protected]