Terms & Conditions
Please read these terms and conditions (“Terms”) carefully. They govern the relationship between Member (“Member” or “You”) and Gamana.com and govern Member’s access to the Gamana Website. The Terms also include the legal authority by which Gamana will act on Member’s behalf in certain circumstances.
If You are unclear about any of these Terms or have any questions, please contact Our customer support team before agreeing to them.
1.About this Website
Gamana is a company incorporated and registered in India whose registered office is at Near R.K Beach, 46 Yarra Boulevard, 2nd Cross+91 789 645 3219 India.
2. Acceptance of the Terms
We use the Personal Information you submit to operate, maintain, and provide to you the features and functionality of the Platform. We may collect and use User’s Personal Information for the following purposes:
a. Activation of the Member's account or use of services provided by Gamana (hereinafter “Gamana.com” or “Gamana” or the "Website" or “We” or “Us”) will represent the Member's acceptance of these Terms and the Member's authorization for Gamana.com to charge the Member's payment method for all future charges. By accessing and/or otherwise using this Website and its content, Member acknowledges that he/she has read, understood and agrees to be legally bound by these Terms.
b. Our Privacy Policy hereby incorporated by reference into these Terms, explains the policy applicable to the information that is collected through the Website or received directly from you.
c. Gamana.com reserves the right, at its sole discretion, to change, modify, amend or otherwise alter these terms and conditions. It is the Member's responsibility to review the Gamana.com Terms and Conditions periodically as continued use of Gamana.com's services will constitute the Member's acceptance of any revised terms and conditions. If you disagree with modification made to these Terms and Conditions, your only recourse is to cease using the services of Gamana.com.
d. Gamana.com prohibits any illegal activity by its Members. Any charges incurred, for legal advice or otherwise, by Gamana.com in connection with the enforcement of the law against a Member or a potential Member will be the financial responsibility of the Member or the potential Member. See Indemnification section below for further details.
e. Membership starts the day the Member's application is received by Gamana.com.
f. The Member represents and warrants that he/she is responsible for complying with all known applicable export and import control laws and regulations in the order and receipt of merchandise and mail under these Terms.
3.Eligibility to Use the Website
a. The Website is provided by the Proprietor and available to entities and persons that are competent to enter into a legally binding agreement(s) under the applicable law, and for commercial use only, and not for personal use. If the Member or proposed use of the Website do not qualify with the aforesaid requirements, users are not permitted to use the Website.
b. Further, the privilege granted to the user to use the Website shall be automatically terminated if the Member is deemed a “consumer” as per the CPA, and the Proprietor and its affiliates shall have the right to treat all transactions entered into by such Member through the Website as void and non-binding on them, at the sole cost and risk of such Member.
4. Intellectual Property Rights
Member acknowledges that this Website and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Members also acknowledge that the content is and shall remain Gamana’s property or the property of our licensors. Members agree to comply with all intellectual property laws and to not encumber any interest in, or assert any rights to, the content. Members may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any content, in whole or in part.
5. Copyrights/Trademarks
The trademarks, logos and service marks appearing on this website, including, but not limited to, the trademarks: “Gamana”, and “Gamana.com” are trademarks and service marks of IndianGamana LLP. Other company, product, and service names and logos used and displayed on this Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing on this Website should be construed as granting, by implication or otherwise, any license or right to use any of trademarks and service marks displayed on this Website, without our prior written permission in each instance. The content of this Website is protected by copyright law. All such content is also copyrighted as a collective work under the The Copyright Act, 1957, and Gamana owns a copyright in the selection, coordination, arrangement, and enhancement of such Content.
6. User Guidelines
Member agree to adhere to the following guidelines when using this Website:
a. You may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
b. You may not publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent, abusive, offensive, inflammatory, objectionable, or unlawful material or information.
c. You may not publish, post, advertise, distribute, disseminate, or upload any information that may infringe any patent, trademark, trade secret, copyright, or other intellectual property rights, or any rights to privacy or publicity, of any other person.
d. You may not publish, post, advertise, distribute, disseminate, or upload any information that violates the legal rights of any other person or that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions or the Privacy Policy.
e. You agree that you will not interrupt or attempt to interrupt the operation of this Website in any way. You will not impersonate any person or entity, or misrepresent your affiliation with a person or entity, or misrepresent the origin of any information that you provide to us. You agree that your use of the Website will at all times be for a lawful purpose and you agree to comply with all applicable laws and regulations in your use of the Website. Possible evidence of use of this Website for illegal purposes may be provided to law enforcement authorities.
f. You may not upload files that contain viruses, Trojan horses, worms, corrupted files, or any other similar malicious or harmful software, code, or programs that may damage the operation of another's computer or the Website.
g. You may not delete or modify any author attributions, legal notices or proprietary designations or labels in any information that is published, posted, advertised, distributed, disseminated, or uploaded.
h. You may not falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded. You may not conduct or forward surveys, contests, chain letters, or commercial solicitations.
i. You may not download any material or information published, posted, distributed, disseminated, or uploaded by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
j. You may not provide personal information, as that term is defined in the Privacy Policy, of another person without his or her express permission. You may not provide personal information, as that term is defined in the Privacy Policy, of individuals under the age of 13 (thirteen).
k. You may not access or attempt to access Gamana.com's information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained, or log into a server that you are not authorized to access.
l. You may not attempt to circumvent or subvert system or network security mechanisms, or probe the security of any system, network, or account associated or used in conjunction with the Website.
m. You may not authorize or permit anyone else to access and/or use your account registration information, or access, visit and/or use the Website by use of your account/profile and/or registration information or impersonate, imitate or pretend to be somebody else.
n. You may not use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person's use of the Website, including their ability to engage in real time activities through the Website.
o. You may not use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
p. You may not use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
q. You may not use any device, software, or routine that interferes with the proper working of the Website.
r. You may not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
s. You may not use any language, or post, upload, transmit, send or otherwise make available on or through the Website any content that we deem to be offensive, immoral, vulgar, crude, harmful, violent, deceptive, or otherwise inappropriate.
t. You may not post, upload, transmit, send or otherwise make available on or through the Website any content that you are bound to not disclose, by agreement, contract, fiduciary duty, employment relationship, or otherwise, such as insider information, proprietary and/or confidential information, or trade secrets.
u. You may not post, upload, transmit, send or otherwise make available on or through the Website any content that infringes, violates, or breaches the copyright, trademark, trade secret or any other personal or proprietary right of us, our licensors, vendors, other users, and/or any third party.
v. You may not copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the Website, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of content.
w. You may not copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any content obtained on or through the Website, in whole or in part, except as permitted by law; or reverse engineer, decipher, decompile, disassemble, or otherwise attempt to derive any source code or underlying ideas or algorithms of the Website, in whole or in part.Please do not post any personal information, as that term is defined in the Privacy Policy, on publicly accessible areas of the Website. If you elect to post any information to publicly-accessible areas of the Website, you hereby grant to Gamana.com a perpetual, worldwide, irrevocable, fully-paid-up, royalty-free, nonexclusive license to use, reproduce, copy, modify, publish, distribute, perform, display, and create derivative works from such information (in whole or part) for any reason whatsoever.
7. Terms of Service
a. Gamana.com will provide the Member with a Locker number at the Gamana facility in India at which the Member can have mail and/or merchandise delivered prior to export.
b. Gamana.com’s services consist of acting as an agent of the Member for consolidation and export purposes, by receiving the Member's merchandise, which will be sorted, packed, and consolidated by Gamana. At the Member's direction, Gamana.com arranges for export to the Member's specified local address by an unaffiliated service provider, which acts as the freight forwarder and/or carrier for the shipment. Gamana.com does not act as an indirect air carrier of property, but rather acts as an agent of the shipper (i.e., Members).
c. All packages received by Gamana.com will be opened by representatives of the company.
d. Members are responsible for all import and export obligations in the country to which all mails and packages will be sent. Members also authorize Gamana.com as its agent to authorize freight forwarder and/or carriers to conduct customs clearance and entry and to certify freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry.
e. Members accept that freight forwarders and/or carriers reserve the right to open and/or inspect every shipment tendered to forwarders and/or carriers on behalf of an Gamana Member.
f. Gamana advises the Member to insure the goods handed over for transportation as per the consignor insurance information provided at https://www.Gamana.com/faq.
g. Gamana shall have a general lien over all the consignments of the Member towards any dues payable to Gamana by the Member.
h. No claim shall be entertained by the Gamana for any loss or shortage/damage/non-delivery/breakage/leakages/pilferage etc. of the consignment unless a written claim is lodged within 3-days from the date of the shipment, subject to remarks on the proof of delivery. Gamana shall not entertain any claims arising due to delay in delivery of merchandize for any reason.
8. Compliance with Laws
a. Compliance with Export and Import Laws:
The Member represents and warrants that (i) the recipient of any items consolidated by Gamana.com is the end user of any and all merchandise and mail that the Member has requested be exported through a freight forwarder or carrier to the recipient's address, or, if the Member is reselling the merchandise, the Member can identify the end users and provide Gamana.com with any requested information on such end users, (ii) any and all merchandise and mail that the Member requests be consolidated by Gamana.com will be used in the country to which the Member requests shipment, and (iii) the Member will not re-export the merchandise and mail to a different destination. The Member may not return to India or resell in or into India any food products or dietary supplements it receives through Gamana.com, and the Member shall require any recipients of the food products or dietary supplements to adhere to the same requirements. Gamana.com reserves the right to request that the Member or the recipient of an item, as applicable, sign documents confirming the end use or end user of any item exported through a freight forwarder or carrier by Gamana.com.
If you are a reseller, you agree to be bound by the following terms:
1. As a condition of your membership with Gamana.com, you agree to be bound by all terms and conditions of Gamana.com. The Gamana.com Terms & Conditions are subject to change at any time.
2. You shall not use, transfer, re-export, resell, or otherwise dispose of any items consolidated and/or exported using the services of Gamana.com to any destination, end-user, or for any end-use prohibited by the laws of India. By signing and returning this letter, you agree that you will comply with all relevant export laws of India. This includes ensuring that any names or addresses that you add to your account and customers to whom you resell do not appear on an Indian Government denied party list.
b. Your Personal Information:
1. In connection with your use of the Website and out interactions with You, We will collect information about You, including your name, contact details, and email address (your “Personal Information”), subject to obtaining your consent, to provide You with information about our services and products.
2. We will handle your Personal Information in accordance with applicable data protection law and will maintain appropriate data security procedures designed to protect against loss or compromise of personal data.
3. We may disclose your Personal Information to third parties, who handle it on Our behalf. Depending on the circumstances, We may transfer your Personal Information abroad to countries whose Personal Information protection laws are less strict than in India. If so, We will ensure that appropriate safeguards are put in place.
4. You have certain rights under applicable data protection law, including the right to access certain Personal Information that We hold about You and to have any incorrect Personal Information corrected.
5. More detail about how We process your Personal Information and how You may exercise your rights in respect of that information is set out in the Privacy Policy. You should review this Privacy Policy to ensure that You understand how We process your Personal Information and your rights in respect of it.
6. Should You have any questions about Our use of your Personal Information, please contact Us via the contact details set out in the Privacy Policy.
c. Prohibited and Restricted Items:
The following list is a non-exclusive sampling of items that are restricted, cannot be shipped or, depending on your destination country, may either require an import license, additional documentation and/or cause problems and delays during the customs review of your shipment:
1. Combustible/flammable items (paints, oils, lighters, perfume, nail polish).
2.. Any type of pressurized can (hair spray, shaving cream, spray cans of any type).
3. Hazardous materials (matches, chemicals, explosives).
4. Firearms, weaponry and their parts: military, police and tactical equipment of any kind, including guns, gun replicas, gun accessories, gun components (magazines, clips and rail systems), ammunition, knives, swords, compound bows, crossbows, discharge weapons such as shock batons or stun guns, tooling for guns or gun parts, optical scopes, laser sights, night sights, night visions goggles, handcuffs and other restraints, surveillance equipment.
5. Agricultural products such as tobacco, plants and seeds (restricted to some destinations).
6. Coffee (restricted to some destinations)
7. Perishable foods (refrigerated, frozen, fresh/raw fruits and vegetables, etc.) Note that any food (including dietary supplements) received through Gamana.com may not be returned to or resold in India.
8. Animals and products made with animal skin (furs).
9. Alcohol (Gamana.com may be able to assist you with shipping table wine through unaffiliated freight forwarders and carriers in limited quantities to some countries, but not to Muslim countries such as Saudi Arabia).
10. Cash, currency, money orders, cashiers' checks, bank drafts, bearer bonds and collectible stamps and coins, Jewelry and precious stones.
11. Lottery tickets and gambling devices.
12. Prescription and/or veterinary medication.
13. Pornography.
14. Lock picking devices.
15. Government IDs and licenses, or items that claim to be, or that look similar to, government identification documents. This includes uniforms and badges or patches designed to look like official government-issues.
16. The Member understands and agrees that any software and/or data residing on used computer equipment or other electronic storage device is the sole responsibility of the Member. Department of Commerce and any requirements pertaining to the shipping of any such software and/or data to any country to, from, through or over which the Member's shipment may be carried. Members also understand that Gamana.com is not responsible for the loss of any software and/or data.
17. The Member acknowledges that Gamana.com will not directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as "item") exported or to be exported from India that is subject to the ITAR or that would require an export license under the EAR, except in instances where the item subject to the EAR is eligible for an export license exception that has been approved for use by Gamana.com. The Member also acknowledges that Gamana.com does not allow for the use of exemptions under the ITAR.
18. The Member is responsible for confirming that prohibited items listed in the Gamana.com Prohibited and Restricted Item page are not sent to Gamana.com. See Prohibited Items Guide for more information. Gamana.com reserves the right to return packages to the sender(s) for any reason, to provide packages (and information concerning the same) to government authorities, or to otherwise discard packages (including by selling forfeited items with the sales proceeds going to charity).
d. Export control regulations:
Gamana and the Website are based in India, which may control the export of products and information. Member agrees to comply with all such applicable restrictions and not to export or re-export the content (including any software or the services) to countries or persons prohibited under India or other applicable export control laws or regulations. If Member accesses and downloads the content (including any software or the Services) or information, such users shall be deemed to have represented that they are not in a country where such export is prohibited or are not persons or entities to whom such export is prohibited.
e. Legality of shipment:
Member shall be solely responsible for compliance with the laws of their local jurisdiction and any other applicable laws regarding the import, export, or re-export of, and to ensure the legality of the proposed shipments regarding which the Member is requests, including but not limited to ensuring that the proposed shipments comply with applicable sanctions or restrictive measures.
Customs:
Member shall reimburse Gamana for all customs-related duties, fees and associated costs incurred by Gamana on behalf of Member with respect to the consignment, including all such duties, fees and costs incurred in connection with customs duty clearance. For the purpose of this clause, a “customs duty” includes any duty or charge of any kind imposed on or in connection with the importation or exportation of a good, including any form of surtax or surcharge imposed on or in connection with such importation or exportation.
f. Nothing in these Terms shall constitute or be deemed to constitute an agreement between Parties towards a hereto or constitute or be deemed to constitute Gamana as providing freight services of any kind or for any purpose whatsoever, and Gamana shall not be bound by, have liability towards any other Party, in any contract pertaining to freight services.
9. Appointment of Gamana.com as Member’s Agent:
As a Member, you grant Gamana.com a written authorization to act on your behalf as your true and lawful agent for the following specific purposes:
a. Preparation of shipping documents; preparation of any Certificates of Origin;
b. Preparation of an airway bill or any other document required to export merchandise to Member;
c. Entering into service agreements on your behalf and to authorize parties to such service agreements with a power of sub-delegation for the preparation and completion of all documentation required for the clearance and delivery of all shipments subject to such agreements; and
d. Authorization for freight forwarder and/or carriers to conduct customs clearance and entry, and certification of freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry.
10. Indemnification
The Member agrees that he/she will remain liable for and indemnify, defend, and hold harmless Gamana.com and its shareholders, officers, directors, agents, partners, employees and independent contractors, at all times from the date hereof, from and against any and all claims, actions, damages, awards, liabilities, losses (including consequential losses), judgments, penalties, interest, fines, expenses, and/or other costs (including attorneys' charges and court costs) arising by reason of the execution hereof or the consummation of the transactions contemplated hereby, including without limitation those arising from or relating to:
a. any negligent action or omission of Member or any of the Member's employees, contractors, agents or any other person acting under Member's supervision or control prior to, as of, or following the date hereof;
b. any inaccuracy or breach of any representation or warranty made by Member in these Terms or any other document or instrument executed or delivered by Member in connection with these Terms;
c. any breach or non- performance of any covenant or agreement made by company in these Terms or any other document or instrument made by Member in connection with these Terms;
d. any all claims, losses, charges and expenses incurred by Gamana due to any banned, restricted or dangerous items entering in to the network of the Gamana due to any omission or commission of Member;
e. Gamana.com's preparation, determination or execution of the documents or any other document necessary for transportation, including but not limited to preparing address information, routing, classification, licensing requirements, and listing the value of goods or the value for carriage, except for claims arising solely from the gross negligence or willful misconduct of Gamana.com;
f. the Member providing to Gamana.com any incomplete or false information; and
g. the Member's failure to comply with the terms hereof or of any jurisdiction's law applicable to the exportation or importation of such shipments.
h. The Member acknowledges that the foregoing provisions are a material inducement for Gamana.com to enter into these Terms and the transactions contemplated hereby, and shall survive termination of these Terms.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ANY OF THE Gamana PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS WEBSITE. IN NO EVENT SHALL ANY OF THE Gamana PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITE, THE CONTENT OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE Gamana PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE IS TO STOP USING THIS WEBSITE.
12. Disclaimer of Warranties
yOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF Gamana, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “Gamana PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE WEBSITE. NONE OF THE Gamana PARTIES WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THIS WEBSITE OR ITS SERVER ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
NONE OF THE Gamana PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS WEBSITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
13. Severability
Any use in contravention of this provision or any provision of these Terms is at your own risk and, if any part of these Terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
14. No Legal Relationship
You agree that no joint venture, partnership, employment, or agency relationship (other than as expressly set forth in these Terms and Conditions) exists between you and Gamana.com as a result of these Terms or your use of this Website.
15. Entire Agreement
These Terms constitute the entire agreement between you and Gamana.com with respect to this Website. these Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Gamana.com with respect to this Website. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach.
16. Conflict of Laws
These Terms and all disputes concerning these Terms shall be governed by the applicable law and the applicable regulations of India and by the applicable regulations of any agency of India, without applying conflict of law principles that would result in applying any state law or state regulation other than those of Karnataka. The parties, in all disputes between them, consent and submit to the exclusive jurisdiction and the exclusive venue of India courts and the parties waive all claims that such jurisdiction and venue is improper or inconvenient. In all lawsuits to enforce or interpret these Terms, the parties waive all rights to a jury trial, and in such actions the prevailing party shall recover from the other party the prevailing party's costs and expenses, including the prevailing party's attorneys, experts and consultants. Notwithstanding the foregoing jurisdiction, and venue restrictions, the party in whose favour a judgment with respect to these Terms is entered shall be entitled to enforce that judgment in any jurisdiction in any venue.