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WHAT WE DO NOT GUARANTEE
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OUR LIABILITY EXCLUSION
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT VC WILL NOT BE LIABLE TO YOU FOR ANY LOSSES WHICH RELATE TO YOUR BUSINESS OR INVESTMENT CHOICES OR WHICH ARE NOT A DIRECT CONSEQUENCE OF YOUR USE OF THE VC SITES (INCLUDING LOST PROFITS OR LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA) OR WHICH ARISE AS A RESULT OF YOU USING THE VC SITES OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS.
IN ADDITION TO BUT SEPARATE FROM THE ABOVE SPECIFIC EXCLUSION AND TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE THAT VC WILL NOT BE LIABLE TO YOU FOR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE VC SITES.
VC SHALL USE REASONABLE ENDEAVOURS TO PROMPTLY REMEDY ANY FAULTS IN THE VC SITES OF WHICH IT IS AWARE.
YOU AGREE THAT YOUR ONLY OTHER REMEDY (INCLUDING FOR NEGLIGENCE) FOR ANY DAMAGES THAT YOU INCUR ARISING OUT OF YOUR USE OF THE VC SITES (TO THE EXTENT THAT VC'S LIABILITY IS NOT EXCLUDED BY THIS SECTION 5) IS AS FOLLOWS: -
IF YOU HAVE SUBSCRIBED TO RECEIVE ANY PAID FOR SERVICES, YOUR REMEDY IS LIMITED TO THE DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF THE VC SITES. THIS IS SUBJECT TO A LIMIT EQUAL TO THE ANNUAL FEE (OR ANY OTHER PERIOD) PAID BY YOU TO VC PURSUANT TO THESE TERMS AND CONDITIONS DURING THE YEAR IN WHICH THE DAMAGE IS INCURRED. YOU MAY AT YOUR OPTION RECEIVE PAID SERVICES TO THE EQUIVALENT VALUE OF THIS LIMIT IN PLACE OF MONETARY DAMAGES.
IF A COURT OF COMPETENT JURSIDICTION DETERMINES THAT EITHER OF THE ABOVE LIMITS ON OUR LIABILITY ARE UNENFORCEABLE, THEN YOU AGREE THAT IN ANY EVENT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED DAMAGES GREATER THAN THE VALUE OF THE RELEVANT ANNUAL SUBSCRIPTION FEE.
Without limiting the above, VC is not liable for matters beyond its reasonable control. VC does not control telephones, third party communications networks (including your Internet Service Provider) or the Internet or the acts of third parties.
Third party sites and services
The VC sites may contain links to other Internet websites or online and mobile services provided by independent third parties ("Third party sites"), either directly or through frames. Third party sites may be co-branded with VC and so include VC's trade mark. VC is not responsible for the availability or content of Third party sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third party sites.
Choice of Law and Jurisdiction
These terms and conditions shall be governed by, and construed in accordance with laws of the Government of India. Users of VC websites also explicitly agree that only courts in India shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of Indian courts.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found to be invalid by any Indian court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
The official address of VC
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