Thank you for selecting the Services offered by Copia Consultancy Services Pvt Ltd ( henceforth referred as CCSPL) and/or its subsidiaries and affiliates (referred to as Copia, we, our, or us). Review these Terms of Service (Agreement&) thoroughly. This Agreement is a legal agreement between you and Copia. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
This agreement is applicable to all online services provided by CCSPL through its websites such as BKMIST.com or COPIACS.com, CEMachines.com or any other websites or applications or online tools or mobile products. These are henceforth referred as BKMIST.
This website, www.bkmist.com, (hereinafter referred to as "bkmist") is owned, hosted and operated by Copia Consultancy Services Private Limited (hereinafter referred to as CCSPL), a company incorporated in India under the Companies Act, 1956 and having its registered office at B 305, Royal Towers, Plot No 52, Sector 8A, airoli, Navi Mumbai 400708. These terms and conditions regulating use of these Services constitute a legally binding agreement between BKMIST and the User (the “Agreement”).
Any access with or without login to any of the BKMIST web or mobile products would be termed as “Service” or “services”
This Agreement describes the terms governing your use of the CCSPL online services provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It includes by reference. CCSPLs Privacy Statement provided to you in the Services available on the website or provided to you otherwise. Additional Terms and Conditions, which may include those from third parties. Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
The term Subscriber would include any person, whether an individual or a legal entity who has subscribed to the Services of BKMIST (whether on a paid or free basis), and to whom the access to BKMIST is restricted by the use of a sign in user name and a password. The user name and password are either allotted by BKMIST or chosen by the Subscriber or agreed upon by BKMIST. It is made abundantly clear that only the authorised User has the right to access the Services so offered by BKMIST.
The term Browser/Visitor will mean and include a person who utilizes any of the Services offered by BKMIST, without the need or a requirement to create an account i.e. visits non-restricted portions of BKMIST. The use and access to BKMIST shall be subject to these terms and conditions. For the purposes of this Agreement, any person who does not have a legal or a contractual right to access the Services, but does so, will fall within the definition of an unauthorised user and will nevertheless be subject to the terms and conditions regulating the usage of BKMIST, and expressly so with respect to respecting the intellectual property rights of the CCSPL, and abiding by terms and conditions below mentioned.
The terms User and Customer would include both the Subscriber/Advertiser(s) and Browser/Visitor(s) The terms Service or Services would mean to include the interactive online information Service offered by BKMIST on the internet through which the user may access information carried by BKMIST in the database maintained by it. The terms would include to mean the search tools through which the User can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. Users then select one or more of the items presented to view the full document/ record.
The term Service does not extend to BKMIST acting as an agent either express or implied on behalf of any User/Customer and is merely acting as a medium of information exchange.
The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by CCSPL. CCSPL reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, CCSPL grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not. Provide access to or give any part of the Services to any unauthorized third party. Reproduce, modify, copy, deconstruct, sell, trade or resell the Services. Make the Services available on any file-sharing or application hosting service.
For Services offered on a payment or subscription basis, the following terms apply, unless CCSPL or its vendor(s) notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services.
Payments will be billed to you by CCSPL and/or its vendor(s) in INR, U.S. Dollars, or other currencies which may be made available (plus any and all applicable taxes, including without limitation VAT and GST) as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
You must pay with one of the following. A valid credit card acceptable to CCSPL and/or its vendors; A valid debit card acceptable to CCSPL and/or its vendors; In countries where accepted by CCSPL, sufficient funds in a checking or savings account to cover an electronic debit of the payment due; By another payment option CCSPL and/or its vendors provides to you in writing.
If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, CCSPL and/or its vendor's may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
e. CCSPL and/or its vendor's will automatically renew your monthly, quarterly, or annual Services at the current rates, unless the Services are cancelled or terminated under this Agreement. f. Additional cancellation or renewal terms may be provided to you on the website for the Services. g. All authorized refunds will be made in the original form of payment to CCSPL or its vendor's.
CCSPLcan you services for a period as mentioned in your purchase order. You can cancel the services any time and CCSPL will refund your balance amount after processing your cancellation order. CCSPL may deduct processing charges and any taxes as applicable at the times of processing the transaction. When subscription cancellation request is received, CCSPL will make every effort to resolve your issues or address the reasons because of which you would intent to cancel the subscription. However, if you are not satisfied with the product for any reason, CCSPL will refund the amount paid towards your subscription on prorated basis. Refund in failed transactions Though CCSPL payment reconciliation team works on every item, CCSPL offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of BKMIST.
If you utilize BKMIST in a manner inconsistent with these terms and conditions, CCSPL may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
Sure, here's the text converted to lowercase: "Use of these services may be available through a compatible mobile device using internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees for SMS messages, data plans, and general usage, as well as the terms of your agreement with your mobile device and telecommunications provider. CCSPL makes no warranties or representations of any kind, express, statutory or implied as to - the availability of telecommunication services from your provider and access to the services at any time or from any location; - any loss, damage, or other security intrusion of the telecommunication services; and - any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the services."
You can view CCSPL’s Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable CCSPL Privacy Statement, and any changes published by CCSPL. You agree that CCSPL may use and maintain your data according to the CCSPL Privacy Statement, as part of the Services. You give CCSPL permission to combine information you enter or upload for the Services with that of other users of the Services and/or other CCSPL services. For example, this means that CCSPL may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users. CCSPL may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
You are responsible for your content. You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. Archive your Content frequently. You grant CCSPL a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. CCSPL is not responsible for the Content or data you submit through the Services. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law; Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy; Except as permitted by CCSPL in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding; Virus, trojan horse, worm or other disruptive or harmful software or data; and Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. CCSPL does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which CCSPL is not responsible.
CCSPL may freely use feedback you provide. You agree that CCSPL may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant CCSPL a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to CCSPL in any way.
CCSPL may monitor your Content. CCSPL may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect CCSPL or its customers, or operate the Services properly. CCSPL, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7.1 CCSPL does not give professional advice. Unless specifically included with the Services, CCSPL is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2 We may tell you about other CCSPL services. You may be offered other services, products, or promotions by CCSPL ("CCSPLProducts"). Additional terms and conditions and fees may apply. With some CCSPL Services you may upload or enter data from your account's such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant CCSPL permission to use information about your business and experience to help us to provide the CCSPL Services to you and to enhance the Services. You grant CCSPL permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant CCSPL permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
7.3 Communications. CCSPL may be required by law to send you communications about the Services or Third Party Products. You agree that CCSPL may send these communications to you via email or by posting them on our websites.
7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password's for the Services and to contact CCSPL if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
8.1 Your use of the services and content is entirely at your own risk. Except as described in this agreement, the services are provided "as is." To the maximum extent permitted by applicable law, CCSPL, its affiliates, and its third-party providers, licensors, distributors, or suppliers (collectively, "suppliers") disclaim all warranties, express or implied, including any warranty that the services are fit for a particular purpose, title, merchantability, data loss, non-interference with or non-infringement of any intellectual property rights, or the accuracy, reliability, quality, or content in or linked to the services. CCSPL and its affiliates and suppliers do not warrant that the services are secure, free from bugs, viruses, interruption, errors, theft, or destruction. If the exclusions for implied warranties do not apply to you, any implied warranties are limited to 60 days from the date of purchase or delivery of the services, whichever is sooner.
8.2 CCSPL, its affiliates, and suppliers disclaim any representations or warranties that your use of the services will satisfy or ensure compliance with any legal obligations or laws or regulations. You are solely responsible for ensuring that your use of the services is in accordance with applicable law. Notwithstanding the foregoing, no provision of this agreement shall exclude or limit liability to the extent that such exclusion or limitation is prohibited by the applicable laws of England and Wales and for the avoidance of doubt CCSPL does not exclude liability for:
To the maximum extent permitted by applicable law, the entire liability of CCSPL, its affiliates, and suppliers for all claims relating to this agreement shall be limited to the amount you paid for the services during the twelve (12) months prior to such claim. Subject to applicable law, CCSPL, its affiliates, and suppliers are not liable for any of the following:
The above limitations apply even if CCSPL and its affiliates and suppliers have been advised of the possibility of such damages. This agreement sets forth the entire liability of CCSPL, its affiliates, and your exclusive remedy with respect to the services and its use.
You agree to indemnify and hold CCSPL and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). CCSPL reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by CCSPL in the defense of any Claims.
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
CCSPL may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect CCSPL’s rights to any payments due to it. CCSPL may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.
You acknowledge that the Services, including the mobile application, and the underlying software may include technical data subject to restrictions under export control laws and regulations administered by the country of your business or country of your nationality or country of your residence status. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
This Agreement will be governed by the laws of India, without regard to its conflicts of law principles. Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of CCSPL’s or its Suppliers’ intellectual property rights may cause CCSPL irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that CCSPL shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect CCSPL’s rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of India and you agree that you will procure that any third party making a claim against CCSPL arising out of this Agreement shall bring such claim exclusively in the Indian courts and subject to the limitations and exclusions of liabilities provided for in this Agreement. CCSPL does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. CCSPL prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
This Agreement, including the Additional Terms below, is the entire agreement between you and CCSPL and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of CCSPL. However, CCSPL may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by CCSPL or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact CCSPL via an email to. leagl@bkmist.com
Your use of the Services provided by CCSPL are subject to the general Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below. To the extent of any conflict or inconsistency with the general Terms of Service above, these Additional Terms and Conditions shall prevail. BKMIST Online Supplemental Agreement and Terms of Service Thank you for selecting BKMIST.com. This licence agreement in addition to the CCSPL Terms of Service (the “Agreement”) is a legal agreement between the User, a single legal entity identified in the registration process provided (“User”, “you”), and CCSPL Inc. and/or its subsidiaries and affiliates (“CCSPL,” “we”, “our” or “us”). By selecting “ACCEPT,” You indicate that you have read and understood, and assent to be bound by, the terms of this Agreement. If the person selecting “ACCEPT” is an individual working for you (“Agent”), such person is agreeing to the terms and conditions of this Agreement on behalf of you and represents and warrants to CCSPL that he/she has full power and authority to enter into this Agreement on your behalf. If you do not agree to the terms of the Agreement, you are not granted any rights whatsoever in the Services. If you are not willing to be bound by these terms and conditions, you should not select “ACCEPT,” and may not access or otherwise use the BKMIST.
subscription basis, as selected by you or your agent. a. Additional Payment Terms Under this agreement, the payment processing services for goods and/or services purchased on this website are provided by CCSPL Ltd. from any of the recognized payment gateway vendors ( For ex – CCAVENUE) depending on the type of payment method used for the purchase of the goods and/or services.
You acknowledge and agree that in order to provide you with access to and use of the BKMIST, CCSPL may provide your access information and account data to (i) your employee or agent who is identified in the registration data as the current system administrator for your account (the “Current Administrator”), and (ii) such other employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by CCSPL to effectuate such replacement. Any other person You identified as an authorized user of the BKMIST will have access to the account data subject to the access permissions you or the system administrator assigned to them.
3.1 General. In connection with your use of the BKMIST and as part of the functionality of certain versions of the BKMIST, you may wish to have access to your online account(s) and financial information, including your account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your financial institution(s) (collectively, your “Login Data”) and the data made available by your financial institutions(s) with such data, which may include bank balances, transaction activity, credit card charges, debits and deposits, and any messages or notices between you and the financial institution(s) (“FI Account Data”). The BKMIST are designed to allow you to access and download your FI Account Data through the BKMIST, to allow CCSPL to access your financial institution account(s) using your FI Login Data, to allow CCSPL to download and use your FI Account Data, and to allow CCSPL to aggregate and combine your FI Account Data with other data. If you lose or forget your user name or password, it will be necessary for you to return to the appropriate financial institution if you have any problems with respect to that user name or password.
You acknowledge and agree that except as set forth in this Agreement, CCSPL has no control over your FI Login Data and no control over the access to your FI Account Data, does not guarantee that you will be able to use the BKMIST with your financial institution(s), and will have no liability whatsoever for any actions or inactions on the part of the financial institution(s) resulting in your inability to use the BKMIST to access your accounts, obtain data, download transactions, or otherwise use or access your FI Account Data.
3.2 Collection of Login Data and Account Data. By agreeing to these terms and conditions, you:
You may have the option for CCSPL to transfer your data files from the BKMIST in order to facilitate certain interoperability, data integration, and data access between the BKMIST and certain supported ancillary services (the “Ancillary Services”) you may sign up for and use in connection with the BKMIST (the “Online Data Transfer”). In order for you to select the Online Data Transfer option, you must:
If you select the Online Data Transfer option, a copy of all or part of your company data files will be transferred via the Internet to CCSPL's servers, where you grant CCSPL the right and license to:
Your original data files will remain in the BKMIST database. If you sign up for any Ancillary Services that support Online Data Transfer, you will have the option to request that CCSPL send your data to any of those supported Ancillary Services. If a supported Ancillary Service is provided by a third party, you authorize CCSPL to transfer your data to and from the third party provider to enable provision of the Ancillary Services to you. CCSPL will support and maintain the data transfer service as part of the BKMIST. You agree that the third party provider may transfer your data from the Ancillary Service to CCSPL, and that CCSPL may use such data subject to the terms of this Agreement. You agree and acknowledge that CCSPL has no control over any third party provider or any third party Ancillary Services. Your use of the Ancillary Service is subject to additional third party terms and conditions. You further agree and acknowledge that your data, including your financial or personal information, may be transferred to a third party service provider who may be located in a country that does not have adequate security controls to protect your data. Please carefully review their terms and conditions, including their privacy policy. If you do not agree with their terms and policies, you should not use or access the third party Ancillary Service and you should not authorize the Online Data Transfer to the third party Ancillary Service.
CCSPL shall have the right, in its sole discretion and with reasonable notice posted on the BKMIST site and/or sent to you at the Current Administrator’s email address provided in the Registration Data, to revise, update, or otherwise modify the BKMIST and establish or change limits concerning use of the BKMIST, temporarily or permanently, including but not limited to:
CCSPL reserves the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the BKMIST to which such changes relate. Your continued use of the BKMIST will constitute your acceptance of and agreement to such changes. CCSPL may, from time to time, perform maintenance upon the BKMIST resulting in interrupted service, delays, or errors in the BKMIST services. CCSPL will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
Upon cancellation you will be able to access the BKMIST only through the end of the subscription term, as specified in the product or product program pages. After the subscription term ends, you will not have any access to the BKMIST applications. There are no refunds upon cancellation. Please follow product instructions to cancel your account.
CCSPL may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® or others that enable online sharing and collaboration among anyone who has registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.
CCSPL may tell you about third party products or services, including via the Service. CCSPL may offer products and services on behalf of third parties who are not affiliated with CCSPL (“Third Party Products”) and/or provide access or links to third party websites ("Third Party Sites"). If you decide to use any Third Party Products or access any Third Party Sites, you are solely responsible for your selection, review of separate product terms, website terms, and privacy policies. CCSPL is not affiliated with these Third Party Products or Third Party Sites and does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website, or associated with CCSPL in any way. You agree that the third parties, and not CCSPL, are solely responsible for the Third Party Product's performance (including technical support), the content on their websites, and their use or disclosure of your data. CCSPL will not be liable for any damages, claims, or liabilities arising from the third parties, Third Party Products, or Third Party Sites. You agree that you will:
If you downloaded the Software from the Mac App Store, the following terms also apply to you.
Acknowledgement. You acknowledge that this Agreement is between you and CCSPL only, and not with Apple, and CCSPL, not Apple, is solely responsible for the Software and the content thereof.
Scope of License. The license granted to you for the Software is a limited, non-transferable license to use the Software on Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
Maintenance and Support. CCSPL and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
Warranty. CCSPL is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be CCSPL's sole responsibility.
Product Claims. CCSPL, not Apple, is responsible for addressing any user or third party claims relating to the Software or the user's possession and/or use of the Software, including, but not limited to:
Intellectual Property Rights. You acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party's intellectual property rights, CCSPL, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Developer Contact Info. Direct any questions, complaints, or claims to: CCSPL - B305, Royal Towers, Sector 8A, Airoli, Navi Mumbai 400708
Third Party Terms of Agreement. You must comply with any applicable third party terms of agreement when using the Software.
Third Party Beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
In the event of a conflict between the terms of general Terms of Service and the Country Specific Terms, the Country Specific Terms shall apply. Notwithstanding any to the contrary above, if you are accessing or using the Services in the following countries, you also agree to the following. AUSTRALIAThe parties acknowledge and agree that this Agreement is only between Company and CCSPL. Limitation of Liability. FOR THE AVOIDANCE OF DOUBT, CCSPL DOES NOT EXCLUDE LIABILITY ARISING UNDER THE COMPETITION AND CONSUMER ACT 2010 (CTH) OF AUSTRALIA. Governing Law and Arbitration. The validity, construction and performance of this Agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. All disputes, controversies or claims in connection with this Agreement or breach thereof, shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce (“ICC Rules”) by one arbitrator mutually agreed to by the Parties and appointed in accordance with the ICC Rules. The place of arbitration shall be in Sydney, Australia, and all proceedings, including required notices and requests to the Parties shall be in conducted in the English language. Each Party may select its own counsel, including foreign counsel to participate on its behalf. The Parties may engage in reasonable discovery subject to the ICC Rules and any additional discovery requirements mutually agreed to by the Parties. The award by the arbitrator shall be final and binding on the Parties, and each Party hereby waives to the fullest extent permitted by law any right it may otherwise have under the laws of any jurisdiction to any form of appeal. Each Party will be responsible for its own costs of arbitration. FRANCE Governing Law. Notwithstanding governing law of this Agreement being that of the Laws of England and Wales, such choice of law will not deprive a business or consumer in France of the mandatory protection afforded to them by the French Consumer Code or other French law, as applicable. MALAYSIA Consumer Protection Act 1999 (“CPA”). Notwithstanding governing law of this Agreement being that of the Laws of England and Wales, such choice of law will not deprive a business or consumer in Malaysia of the mandatory protection afforded to them by the Malaysian Consumer Protection Act 1999 (“CPA”). NEW ZEALAND Affiliate Definition. An “Affiliate” means a Related Company as defined in section 2(3) of the Companies Act 1993 (read as if the expression company in that subsection included any body corporate of any jurisdiction). New Zealand Consumer Guarantees Act 1993. The New Zealand Consumer Guarantees Act 1993 does not apply. Contracts (Privity) Act 1982. For the purposes of the Contracts (Privity) Act 1982, CCSPL's affiliates and subsidiaries are third party beneficiaries and shall be entitled to enforce the terms of this Agreement against you but any changes may be made to this Agreement by CCSPL without their consent. UK Compliance with preservation orders. CCSPL accepts no liability to you under this Agreement, or otherwise at law, for compliance by CCSPL with any order or notice, whether issued to CCSPL or to you, and whether issued by any court, tribunal, regulatory authority, arbitral tribunal or any body or authority exercising judicial, quasi-judicial, regulatory, or arbitral power or authority, requiring the preservation of any data, information documents or Content (a “Preservation Order”). To the extent that a Preservation Order has been issued to you, you acknowledge that you are solely responsible for your compliance with it.
