1.Acceptance of Terms

This is a legal agreement between You and ePMC.app, By clicking “I agree” to this Agreement or by accessing ePMC software-as-a-service (SAAS) platform, websites, or mobile applications, and using ePMC’s Service (as defined below), you become a user and agree to, and are bound by, the terms and conditions of these Terms of Service and ePMC’s Privacy Policy (collectively, the “Agreement”) for as long as you continue to use the Service.

“You”, “you”, and “your” refers to any individual who creates an account on the Service, or, if the Service is being used on behalf of an entity by an individual authorized to accept this Agreement on its behalf, then “You”, “you”, and “your” refers to that entity. If you are using and/or accessing the Service on behalf of your employer, you represent and warrant that you are authorized to enter into this Agreement on behalf of your employer. By creating an Account and/or by utilizing any ePMC Service as defined by this Agreement, you agree to be bound by the terms and conditions of this Agreement. In addition, this Agreement is applicable to your use of the Service even on a trial basis. PLEASE NOTE THAT (1) THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION AND ARBITRATION AGREEMENT, INCLUDING CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO CLAIMS OR DISPUTES YOU MAY HAVE WITH ePMC. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED (SEE SECTION XXIV. DISPUTE RESOLUTION – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER) BELOW.

All software associated with the Service, including any website owned and operated by ePMC, is protected by copyright laws and international copyright treaties, as well as intellectual property laws and treaties.

By using the Service, you signify your irrevocable acceptance of this Agreement. If you do not agree with the terms of this Agreement, do not use the Service.

2.Service Description

The Service includes, and is limited to, access to ePMC’s SAAS platform & websites. Your use of the Service includes use of the ePMC Tool to create, update, share, and publish information, data, text, messages or other materials (“User Content”). The Service also contains data, information, text, videos, photographs, links, written comments, graphics, and interactive features provided, generated, or made accessible on or through the Service (“Site Content”). The term “Content” refers to and includes all User Content and Site Content.

By entering into this Agreement, ePMC grants to you, subject to your strict compliance with this Agreement, a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to display locally and/or download) Content solely for the purpose of accessing and using the Service. You may not modify, reproduce, distribute, store, or use any Content for any other purpose other than use of the Service, without prior written consent from ePMC. You also may not exploit, sell, rent, license or use the Content for any commercial use that violates any third party’s right.

Any improvements, enhancements, or augmentation of the current Service, including the release of new features, tools and resources, shall be subject to the Agreement, unless explicitly stated otherwise.

You agree to access the Service only through the interfaces provided by ePMC to do so, and not by any other means. As the ePMC Tool is a web-based Service, in order to access the Service, you must provide all equipment necessary, and pay any service fees associated with such access, to connect online to the World Wide Web, including a computer and modem or other access device.

You agree and understand that the Service may include communications from ePMC, such as, but not limited to, notifications, service messages, release announcements, as well as support and administrative messages, and that these communications are part of the Service and you will not be able to opt out of receiving them.

ePMC will provide the Service in accordance with this Agreement. At its sole direction, ePMC may modify the features of the Service, without prior notice. However, if the Service is substantially altered, you will receive notice and an opportunity to cancel your Account.

3.Account Access

In order to use the Service, you must have a valid Account and provide ePMC with an electronic mail address and other registration information (“Account Data”). You are responsible for all activities that occur under your Account, including maintaining the confidentiality of your Account Data. Upon any unauthorized use or breach of security with your Account Data, you agree to notify ePMC immediately of any breach or unauthorized use.

In order to use the Service, you agree to provide accurate, up-to-date and complete information about yourself when you sign up, and you further agree to keep all Account Data updated throughout the life of your Account. No one under the age of 18 may use the Service (see Section IV. Children Under 18). You further represent and warrant that by using or registering an Account with the Service, you are at least 18 years of age. ePMC may deny use of the Service to any person or entity, at its sole discretion. ePMC does not assume a duty to verify your information. If you provide any information that is false, inaccurate, incomplete, or outdated, or if ePMC has reasonable grounds to suspect that your information false, inaccurate, incomplete or outdated, ePMC has the right to suspend or terminate your Account and deny all current or future use of the Service.

You are solely responsible for ensuring that your use of the Service is in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale or provision of the Service conflicts with any applicable law, rule or regulation.

ePMC is not liable for any loss or damage caused by your failure to comply with the Terms of Service.

4.Children Under 18

ePMC is not directed to children, and we expect and require that any use by children under the age of 18 will only be done with the guidance, supervision, and consent of their parents & guardians in accordance with the law.

5.Billing & Payment Terms

a.Free Trials

Free Trail service is provided by ePMC to client for a period of 1 month. ePMC will create project for the client to make use of system for trail period. If you signed up for a free trial, you will not be charged for your use of the specific Service and limited cloud storage of 5 GB, during the free trial period.

b.Renewals

ePMC is Project based services for a period of 1-year minimum duration. After 1 year, service will be stopped automatically and if you want to continue the service, contact ePMC to extend the service

c.No Refund Policy

ePMC is a Paid Subscription-based Product and as such it has a no refunds policy. Your Account is subject to this policy and to the terms set forth herein. If your Account is active and in good standing, you will be charged the Subscription Fee. While you can cancel your trial or paying account at any time, you will not be eligible for refunds, including for partially used subscriptions or downgraded subscriptions during a billing period.

d.Overdue Accounts

In the event ePMC is unable to collect any fees owed on your Account, you agree that ePMC may take any actions it deems necessary to collect such fees from you, including suspension or termination of your Account. You also agree that you will be responsible for all costs and expenses incurred by ePMC, such as court costs, collection fees, and attorney fees, incurred in connection with such collection efforts.

e.Non-Use of Account

If your Account is active and in good standing, you will be charged the Subscription Fee even if you never use the Service and you will not be eligible for refunds, including for partially used subscriptions or downgraded subscriptions during a billing period. You may cancel your Paid Subscription at any time.

f.Additional Fees

ePMC reserves the right to quote additional fees for certain Services that may be arranged by mutual written agreement or paid for via Invoice. If ePMC has entered into a separate invoicing contract with you, you agree to pay all undisputed invoices within 15 days, unless different payment due terms are agreed in such a contract, and you agree that ePMC may charge interest of 1.5% monthly (or the highest rate permitted by law) for past due invoices.

g.Currency

All ePMC subscriptions are billed in INR (Indian Rupees).

6.Cancellation, Termination

a.Cancellations

If you are currently taking a free 30 day trial then you can cancel your account immediately by contacting ePMC

If you currently have a paid subscription then to cancel your account you can either; email us at epmc.dhanesh@gmail.com, call us at 9033281213. Upon receipt, we will endeavour to process your cancellation within 3 business day, however any Subscription Fees incurred in the interim will not be refunded.

b.User Content

Upon the effective date of cancellation, suspension, or termination, your account will be disabled and you will not be able to access your Account or any files or other Content (including your User Content) contained in your Account. ePMC may also delete your User Content, although backup copies of information may remain in our system for some time for account recovery purposes. If you request that ePMC delete your User Content and files contained in your Account, ePMC will make every reasonable effort to do so.

7.Intellectual Property

ePMC and/or its suppliers, as applicable, retain ownership of all intellectual property and proprietary rights in the Service and in all trade names, trademarks, and service marks associated or displayed with the Service. You will not violate, obfuscate, or remove any copyright or trademark notices or other proprietary notices on, within, or associated with the Service belonging to ePMC or its suppliers. You may not reverse engineer, reverse compile, or otherwise reduce to human readable form any software associated with the Service.

8.Injunctive Relief

Without prejudice to and in addition to Your or ePMC’s rights under the following Dispute Resolution—Arbitration Agreement and Class Action Waiver, You agree and You acknowledge that any use of ePMC contrary to this Agreement, or any transfer, sublicensing, copying, or disclosure of technical information or materials related to the Service, may cause irreparable injury to ePMC, its affiliates, suppliers and any other party authorized by ePMC to resell, distribute, or promote the Service (“Resellers”), and under such circumstances ePMC, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

9.Proper Use & User Content

ePMC does not claim ownership over any User Content submitted on or through the Service. Your User Content belongs to you. However, by uploading any User Content to the Service, you agree that ePMC may store and display (only to you, or others you define, depending on how you set your User Content privacy settings in the Service where applicable) your User Content solely as necessary to operate the Service. To the extent you choose to share any of your User Content with other users of the Service, you agree to allow these users (i.e. those users you or your Admin choose to specify; see Privacy Policy) to view your User Content and, to the extent applicable, share, communicate and/or collaborate with you and your User Content.

ePMC does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that all User Content is the sole responsibility of the person from which such User Content originated. This means that you, and not ePMC, are entirely responsible for all User Content that you upload, post, transmit or otherwise make available via your Account.

Under no circumstances will ePMC be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You understand that by using the Service, you may be exposed to User Content that is objectionable, offensive or indecent. You acknowledge that ePMC does not pre-screen User Content, but that ePMC and its designees shall have the right (but not an obligation) in their sole discretion to refuse, modify or move any Content that is available via the Service. Without limiting the foregoing, ePMC and its designees shall have the right to remove any User Content that violates the Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not reasonably rely on any Content created by ePMC or submitted to ePMC. You acknowledge and agree that ePMC may preserve User Content and may also disclose User Content if required to do so legally or in the good faith belief that such preservation or disclosure is reasonably necessary to:

1. comply with legal processes;
2. enforce the Agreement;
3. respond to claims that any Content violates the rights of third-parties; or
4. protect the rights, property, or personal safety of ePMC, its users and the public.

If ePMC discloses User Content to comply with legal process or respond to claims that any User Content violates the rights of third-parties, to the extent permitted by law, regulation or legal process, ePMC agrees to provide you with notice of any such legal or governmental demand and reasonably cooperate with you in any effort to seek a protective order or otherwise to contest such required disclosure.

Should User Content be found or reported to violate, but not limited to, the following terms, it will be in ePMC’s sole discretion as to what action should be taken. You agree that you will not:

1. Transmit, post, upload or otherwise make available any User Content that is unlawful, harmful, threatening, harassing, hateful (or racially or ethnically objectionable), abusive, defamatory, vulgar, obscene, libelous, tortuous, or invasive of another’s privacy (up to, but not excluding any personal information such as an address, email, phone number without the written consent of the owner of that information).
2. Cause harm or attempt to cause harm to minors;
3. Impersonate another person or entity, including, but not limited to, ePMC official, Service admin, author or website contributor, or falsely state or otherwise misrepresent your affiliation with another person or entity;
4. Upload, post or otherwise transmit User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
5. Upload, post or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
6. Use the Service to upload, post, or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, including but not limited to (a) sending mass email to recipients who haven’t requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
7. Use the Service to upload, post or otherwise transmit software viruses or any computer code, files or programs designed to disrupt, delete or limit the functionality of any computer software or hardware or telecommunications equipment;
8. Attempt to disrupt with or “hack” the Service or servers or networks connected to the Service, or disregard requirements, policies, rules or regulations of any networks connected to the Service;
9. Violate acceptable use or exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or sharing User logins, or manipulating other user’s comments or timesheets, or otherwise altering other’s User Content as an Account holder. If any user is reported to be in violation with the letter or spirit of these terms, ePMC retains the right to terminate such account at any time without further warning.
10. Take actions that impose an unreasonable or disproportionately large load on our infrastructure; or
11. Modify, copy, reproduce, alter, or publicly display any information displayed on the Service (except for your User Content), or create derivative works from our website (other than from your User Content), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of ePMC or any other third party, except with the prior written consent of ePMC or the appropriate third party.

You further understand that the technical processing and transmission of the Service, including your User Content, may involve (a) transmissions over various networks; and (b) modifications to conform and adapt to technical capabilities and requirements of connecting networks or devices.

10.Use & Storage Practices

You agree that ePMC is not responsible or liable for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service.

You acknowledge that ePMC may establish general practices and limits regarding Use and Storage within the Service and retains the right to create limits on use and storage at our sole discretion at any time with or without notice.

11.Beta Features

ePMC may, at its sole discretion from time to time, add new features to the Service that may be described as “Beta” features or services (collectively, “Beta Features”). These Beta Features will be considered part of the Service and all provisions of these Terms relating to the Service will apply to these Beta Features as well.

Beta Features may include partially functional or non-functional features of the Service, and use of Beta Features also authorizes ePMC access to your usage data for product development research and analysis.

You acknowledge that access to Beta Features is optional, and if you elect to use a Beta Feature, you agree to do so at your own risk.

12.Content on the Service

ePMC takes no responsibility for any third-party Content or User Content (including, without limitation, any viruses or other disabling features), nor does ePMC have any obligation to monitor such third-party Content. ePMC reserves the right at all times to remove or refuse to distribute any Content on the Service, such as Content which violates these Terms of Service. ePMC also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable laws, regulations, legal processes or governmental requests, (b) enforce these Terms of Service, including investigating potential violations, (c) detect, prevent, or mitigate fraud, security or technical concerns, (d) respond to your support requests, or (e) protect the rights, property or safety of ePMC, its users and the public.

ePMC is not responsible or liable for the exercise or non-exercise of its rights under this Agreement.

If ePMC discloses any such information to satisfy applicable laws, regulations, legal processes or governmental requests or to respond to your support requests, to the extent permitted by such laws, regulations or legal processes, ePMC agrees to provide you with reasonable notice of any such demand and cooperate if you seek a protective order or otherwise contest such required disclosure.

13.International Use

You acknowledge the global nature of the Internet, and as such, you agree to comply with all local regulations regarding online conduct and acceptable User Content. You further agree to comply with all applicable laws regarding the technical data transmissions exported from the INDIA.

14.No Resale

You agree not to sell, resell, copy, reproduce, duplicate, or otherwise exploit any portion of the Service, use of the Service, or access to the Service without express written permission of ePMC.

15.Your Representations and Warranties

You represent and warrant that (a) all of the information provided by you to ePMC to access and use the Service is correct and current; and (b) you have the authority, power, and right to enter into this Agreement and to acknowledge and agree to perform actions required of you herewith.

16.Indemnity

You agree to indemnify, defend, and hold harmless ePMC, its affiliates, officers, directors, employees & consultants from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees as and when incurred) arising from your use of the Service, your use of your Account, your violation of these Terms of Service, or the infringement or violation by you or any other User of your Account, of any intellectual property relating to the Service (including without limitation your User Content) or other right of any person or entity.

17.Modifications to Service

ePMC reserves the right at any time and from time to time to modify the Service (or any part thereof). If the Service is materially altered, you will receive notice and an opportunity to cancel your Account.

18.No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between you and the ePMC Service is intended or created by this Agreement.

19.Limitation of Liability

To the maximum extent permitted by law, in no event will ePMC or its affiliates, suppliers or resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if ePMC, its affiliates, suppliers or resellers have been advised of the possibility of such damages and notwithstanding any failure of the essential purpose of this agreement or any limited remedy hereunder. In any case and to the maximum extent permitted by law, ePMC’s, its affiliates’, suppliers’ and resellers’ maximum cumulative liability and your exclusive remedy for any claims arising out of or related to this agreement will be limited to the amount actually paid by you for the service (if any) in the previous twelve (12) months.

The foregoing limitations and exclusions apply to the extent permitted by applicable law in your jurisdiction. This limitation of liability may not be valid in some jurisdictions. You may have rights that cannot be waived under consumer protection and other laws. ePMC does not seek to limit its warranty or remedies to any extent not permitted by law.

20.Waiver and Severability

Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect, except that, if the Class Action Waiver clause below is found to be illegal or unenforceable, then the entire Dispute Resolution—Arbitration Agreement And Class Action Waiver section will be unenforceable, and any Dispute as defined therein will be decided by a court in jurisdiction of Surat, Gujarat, India.

21.Governance

This Agreement shall be governed by and construed under the laws of the Government of GUJARAT, INDIA as applied to agreements entered into and to be performed in GUJARAT. The parties consent to the exclusive jurisdiction and venue of the federal and state courts located in and serving the in the City of SURAT, in the State of GUJARAT.

22.Dispute Resolution – Arbitration Agreement and Class Action Waiver

You may opt-out of this Arbitration Agreement and Class Action Waiver (“Arbitration Agreement”) by emailing us at epmc.dhanesh@gmail.com the following information: (1) your name; (2) your address; and (3) a clear statement that you do not wish to resolve disputes with us through arbitration. Your decision to opt-out of this arbitration provision will have no adverse effect on your relationship with us, but we must receive this opt-out request within 30 days from the date that you first consent to these Terms of Service. Any opt-out request received after this deadline will not be valid and you must pursue your dispute in arbitration or small claims court.

UNLESS YOU OPT-OUT OF THESE ARBITRATION PROCEDURES AS SET FORTH ABOVE AND EXCEPT AS OTHERWISE DESCRIBED HEREIN:

YOU AND ePMC EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED BELOW, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, RATHER THAN IN COURT, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

a.Arbitration

You and ePMC agree to arbitrate – rather than litigate in court – any and all claims or Disputes that may arise between you and ePMC, as defined below.

For the purpose of this Arbitration Agreement the term “ePMC” means ePMC and each of their managers, owners, officers, directors, employees, or agents. The term “Dispute” means any claim or dispute that may arise out of or in any way relates to your relationship with ePMC, including without limitation regarding these Terms of Service, your use of the Service, or the ePMC products or services that we, our affiliates, and/or our service providers (on our behalf) may provide to you in connection with your use of the Service and/or ePMC products or services, including, without limitation, any Dispute based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behaviour), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. However, in no event shall this Arbitration Agreement prevent you, in your individual capacity, from filing or joining a complaint with any federal, state, or local government agency that is authorized by law to seek relief against ePMC on your behalf. The arbitration between you and ePMC will be binding, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof.

Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial. This Arbitration Agreement provides that all Disputes between you and ePMC shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you might otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is very limited.

The arbitrator’s authority is governed by these Terms of Service. You and ePMC agree that an arbitrator must follow and be governed by this Arbitration Agreement and may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to these Terms of Service. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond you and your dealings with us, and may not include class or collective action relief. Discovery may be limited in arbitration, and procedures are more streamlined than in court.

Notwithstanding this Arbitration Agreement, you and ePMC may bring appropriate claims against each other regarding Disputes in small claims court, if the claims fall within the small claims court’s jurisdiction, or, on an individual and not class or collective action basis, before any other federal, state, or local government agency authorized by law to hear your claims.

Any dispute relating in any way to your visit to www.epmc.app or to products or Service you purchase through www.epmc.app shall be submitted to confidential arbitration in Surat, Gujarat, except that, to the extent you have in any manner violated or threatened to violate ePMC’s intellectual property rights, ePMC may seek injunctive or other appropriate relief in any state or court in Surat, Gujarat, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Indian Council of Arbitration. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration, collective action, consolidated proceedings, or otherwise.

b.Class Action Waiver

You and ePMC agree that all Disputes between you and ePMC will be arbitrated individually, and that there will be no class, representative, or consolidated actions in arbitration. If you or we bring a claim or Dispute in small claims court, the class action waiver will apply, and neither of the parties can bring a claim on a class or representative basis. Furthermore, neither you nor ePMC may participate in a class or representative action as a class member if the class action asserts claims or Disputes that would fall within the scope of this Arbitration Agreement if they were directly asserted by you or us. Notwithstanding the foregoing, this Arbitration Agreement shall not prohibit you or ePMC from participating solely in your individual capacity in any judgment or settlement in any litigation brought by a federal, state, or local government on behalf of you or us, excluding litigation brought by any relator or party in its capacity as a private attorney general. We both agree that this Class Action Waiver is an essential part of our Arbitration Agreement and that, if this Class Action Waiver is found to be unenforceable by any court or arbitrator, then the entire Arbitration Agreement set forth in this section will not apply to any claim or Dispute between you and us. This Class Action Waiver may not be severed from our Arbitration Agreement.

c.Informal Dispute Resolution

You and ePMC agree to try to resolve Disputes informally before resorting to arbitration. If the Dispute cannot be resolved by telephone, you agree to notify us of the Dispute by sending a written description of your claim to ePMC so that we can attempt to resolve it with you. If we do not satisfactorily resolve your Dispute within 45 calendar days of receiving notice of it, then you may pursue the Dispute in arbitration. Neither you nor we may initiate arbitration without first providing the other notice of the Dispute and following the informal Dispute resolution procedure provided in this paragraph.

d.Arbitration Procedures

If the Dispute is not resolved by the Informal Dispute Resolution procedure described above, then either you or ePMC may initiate arbitration proceedings. You and ePMC agree that this website and the sale of ePMC Service or products each affects interstate commerce. All arbitrations shall be conducted by the Indian Council of Arbitration (“ICA”), and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.

e.Arbitration Award

The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, except as limited by other provisions of these Terms, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the applicable state law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

f.Severability

If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.

23.General Agreement Provisions

This Agreement contains the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior or contemporaneous understandings and agreements between the parties respecting such subject matter.

ePMC may change the terms in its form of this Agreement for the Service at any time by posting modified or amended terms on its website. However, the Terms of Service in effect at the time you entered into this Agreement with ePMC shall govern and control, unless and until you and ePMC subsequently enter into an amendment to, or a new version of, this Agreement.

This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. Any and all rights and remedies of ePMC upon your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on ePMC, and the exercise of any one remedy will not preclude the exercise of any other.

Any captions or headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement.