Acceptance of Terms
Acceptance of Terms – User
The KHWAHISH is an internet-based artist booking portal, entertainment ticketing portal, musical as well as artist related accessories selling portal, and providing news on media and entertainment industry owned and operated by Intelicanvas Digital Pvt. Ltd., a company incorporated under the laws of India, with its registered office at 1858/1, Rajdanga Main Road, 6th Floor, Suit No. 2, Merlin Acropolis, Kolkata – 700107.
Through the Website/Application, Intelicanvas Digital Pvt. Ltd shall provide you (“User”) artist booking portal, entertainment ticketing portal, musical as well as artist related accessories selling portal, and providing news on media and entertainment across cities and rural areas throughout India (“Service”), as more particularly described and defined in the terms of service (TOS ) relating to such Service, this Service may be availed by the user.
This User Agreement (“Agreement”) sets out the terms and conditions on which Intelicanvas Digital Pvt. Ltd shall provide the Services to the User through the Website/Application. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept the relevant TOS for such Service, which may be updated or modified by Intelicanvas Digital Pvt. Ltd from time to time.
Such TOS shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail.
Use of the Website/Application is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the Website from time to time. For the removal of doubts, it is clarified that use of the Website by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not use the Website.
Additionally, the Service Provider may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, movie tickets, gift vouchers, Combo’s, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers. In the event that any of the terms, conditions and notices contained in this Agreement or the TOS conflict with the additional/other terms and guidelines specified by the Service Provider, then the latter terms/guidelines shall prevail.
Modification of terms
Intelicanvas Digital Pvt. Ltd reserves the right to change the terms, conditions and notices under which the Services are offered through the Website/Application, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions.
Privacy policy
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Intelicanvas Digital Pvt. Ltd in respect of the Website, The User further consents that the terms and contents of such Privacy Policy are acceptable to him.
Any customer grievances can be reported to the Grievance Officer specifically dedicated to address all customer concerns. You may contact the Grievance Officer at support@khwahish.live
Limited user
The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that the Website/Application is not for commercial use but is specifically meant for personal use only.
The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
Disclaimer of warranties/Limitation of liability
Intelicanvas Digital Pvt. Ltd has endeavored to ensure that all the information on the website is correct, but Intelicanvas Digital Pvt. Ltd neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Intelicanvas Digital Pvt. Ltd makes no warranty, express or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.
Since Intelicanvas Digital Pvt. Ltd acts only as an agent, it shall not have any liability whatsoever for any aspect of the arrangements between the service provider and the user as regards the standards of services provided by the service providers. In no circumstances shall Intelicanvas Digital Pvt. Ltd be liable for the
services provided by the service provider.Although Intelicanvas Digital Pvt. Ltd makes reasonable commercial efforts to ensure that the description and content in the TOS and on each page of the website is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any user due to any information contained herein. Also, Intelicanvas Digital Pvt. Ltd is not the service provider and cannot therefore control or prevent changes in the published descriptions which are based upon information provided by Intelicanvas Digital Pvt. Ltd does not endorse any advertiser on its website in any manner. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
In no event shall Intelicanvas Digital Pvt. Ltd be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the user’s transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website. Neither shall Intelicanvas Digital Pvt. Ltd be responsible for the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. further, Intelicanvas Digital Pvt. Ltd shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Intelicanvas Digital Pvt. Ltd’s control. the user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or(d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. the maximum liability on part of
Intelicanvas Digital Pvt. Ltd arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. in no case the liability shall include any consequential loss, damage or additional expense whatsoever.
Links to Third Party Sites
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Intelicanvas Digital Pvt. Ltd or the Website and Intelicanvas Digital Pvt. Ltd is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Intelicanvas Digital Pvt. Ltd is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. Intelicanvas Digital Pvt. Ltd is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Intelicanvas Digital Pvt. Ltd or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
Intelicanvas Digital Pvt. Ltd is not responsible for any errors, omissions or representations on any Linked Site. Intelicanvas Digital Pvt. Ltd does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Prohibition against unlawful use
As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the TOS including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party’s use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.
Intelicanvas Digital Pvt. Ltd has no obligation to monitor the Communication Services. However, Intelicanvas Digital Pvt. Ltd reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. Intelicanvas Digital Pvt. Ltd reserves the right to terminate the User’s access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Intelicanvas Digital Pvt. Ltd reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Intelicanvas Digital Pvt. Ltd’s sole discretion.
Intelicanvas Digital Pvt. Ltd does not control or endorse the content, messages or information found in any communication service and, therefore, Intelicanvas Digital Pvt. Ltd specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user’s participation in any communication service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for keeping himself updated of and adhering to such limitations if they download the materials.
Termination/Access Restriction
Intelicanvas Digital Pvt. Ltd reserves the right, in its sole discretion, to terminate the access to the website and the related services or any portion thereof at any time, without notice.
Fees payment
Intelicanvas Digital Pvt. Ltd reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Intelicanvas Digital Pvt. Ltd Services. Intelicanvas Digital Pvt. Ltd further reserves the right to alter any and all fees from time to time, without notice.
The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Intelicanvas Digital Pvt. Ltd Services.
User’s obligation and user account
In consideration of use of the Website, the User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law.
To avail a Service the User has and must continue to maintain at his sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Website/avail Services (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the User.
The user also understands that the services may include certain communications from Intelicanvas Digital Pvt. Ltd as service announcements and administrative messages. the user understands and agrees that the services are provided on an “as is” basis and that Intelicanvas Digital Pvt. Ltd does not assume any responsibility for deletions, miss-delivery or failure to store any user communications or personalized settings.
Registration of the User on the Website is optional.
If the User opts to register himself on the Website, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party’s user id and password for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password through our service. The Password entered by you is transmitted in one- way encrypted form to our database and stored as such. Thus the Password will not be known even to Intelicanvas Digital Pvt. Ltd. You confirm that you are the authorised holder of the credit card or the original account holder used in the transactions you make using the Intelicanvas Digital Pvt. Ltd services.
Intelicanvas Digital Pvt. Ltd will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details number for using Intelicanvas Digital Pvt. Ltd Services.
The user also agrees and undertakes to immediately notify Intelicanvas Digital Pvt. Ltd of any unauthorized use of the user’s password or user id and to ensure that the user logs off at the end of each session at the website. Intelicanvas Digital Pvt. Ltd shall not be responsible for any, direct or indirect, loss or damage arising out of the user’s failure to comply with this requirement.
The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form (“Registration Data”) on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete or Intelicanvas Digital Pvt. Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Intelicanvas Digital Pvt. Ltd has the right to suspend or terminate the User’s registration and refuse any and all current or future use of the Website and/or any Service.
Furthermore, the User grants Intelicanvas Digital Pvt. Ltd the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
Breach
Without prejudice to the other remedies available to Intelicanvas Digital Pvt. Ltd under this agreement, the TOS or under applicable law, Intelicanvas Digital Pvt. Ltd may limit the user’s activity, or end the user’s listing, warn other users of the user’s actions, immediately temporarily/indefinitely suspend or terminate the user’s registration, and/or refuse to provide the user with access to the website if:
(a) the user is in breach of this agreement, the tos and/or the documents it incorporates by reference;
(b) Intelicanvas Digital Pvt. Ltd is unable to verify or authenticate any information provided by the user; or
(c) Intelicanvas Digital Pvt. Ltd believes that the user’s actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or Intelicanvas Digital Pvt. Ltd.
Intelicanvas Digital Pvt. Ltd may at any time in its sole discretion reinstate suspended users. once the user have been indefinitely suspended the user may not register or attempt to register with Intelicanvas Digital Pvt. Ltd or use the website in any manner whatsoever until such time that the user is reinstated by Intelicanvas Digital Pvt. Ltd. notwithstanding the foregoing, if the user breaches this agreement, the tos or the documents it incorporates by reference, Intelicanvas Digital Pvt. Ltd reserves the right to recover any amounts due and owing by the user to Intelicanvas Digital Pvt. Ltd and/or the service provider and to take strict legal action as Intelicanvas Digital Pvt. Ltd deems necessary.
Proprietary rights
Intelicanvas Digital Pvt. Ltd may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by Intelicanvas Digital Pvt. Ltd and shall not copy, transmit or create derivative works of such material without express authorization from Intelicanvas Digital Pvt. Ltd.
The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
Relationship
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and Intelicanvas Digital Pvt. Ltd and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes Intelicanvas Digital Pvt. Ltd and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Intelicanvas Digital Pvt. Ltd and its agents as their agent for this purpose.
Headings
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the TOS or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Interpretation of number and genders
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”,
“includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”,
“hereof”, “hereto”, “hereunder” and words of similar import refer to this Agreement as a whole.
Indemnification
The User agrees to indemnify, defend and hold harmless Intelicanvas Digital Pvt. Ltd from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Intelicanvas Digital Pvt. Ltd that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement and/or the TOS.
Artists of the Intelicanvas Digital Pvt. Ltd shall be made liable for losses and damages of any kind, whatsoever, whether direct or indirect, general, specific, special or incidental done to people, equipment, venue etc. on and off stage before, during and after the show.
Severability
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
Termination of agreement and services
Either the User or Intelicanvas Digital Pvt. Ltd may terminate this Agreement and a Service with or without cause at any time to be effective immediately.
The User agrees that Intelicanvas Digital Pvt. Ltd may under certain circumstances and without prior notice, immediately terminate the User’s user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the TOS, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified in the applicable TOS.
This Agreement may be terminated by either the User or Intelicanvas Digital Pvt. Ltd through a written notice to the other. Intelicanvas Digital Pvt. Ltd shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, any TOS or become dissatisfied with the Service in any way, the User’s only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify Intelicanvas Digital Pvt. Ltd of such discontinuance.
Upon termination of the Service, User’s right to use the Website/Services and software shall immediately cease. The User shall have no right and Intelicanvas Digital Pvt. Ltd shall have no obligation thereafter to execute any of the User’s uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User’s registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later.
Governing law
This agreement and each TOS shall be governed by and constructed in accordance with the Indian Laws without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Kolkata, West Bengal, India.
Purchase Policy Payment Methods
Khwahish accepts Visa, MasterCard, American Express, select Debit Cards, Net Banking, and UPI.
Other payment methods may be added from time to time.
Billing Information Verification
Some Orders will be processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, Khwahish customer service will attempt to contact you, using the information provided at the time of purchase. If Khwahish is unable to reach you after its initial attempt, Khwahish may cancel your order and may sell you tickets to another customer.
Customer Care
If you need help regarding your order or any other issue, the best in the company is available. We guarantee a response time of one working day and you can email us to reach our customer service department.
Gift Vouchers
Khwahish vouchers are issued by Khwahish and may only be redeemed through our website, towards the purchase of movie tickets on Khwahish.live for participating theatres located in India. Gift Vouchers cannot be redeemed directly at any of our partner theatres, or any other website operated by third-party merchants accessible from our site.
If the available amount on a Khwahish vouchers claim code is LESS than the transaction amount, the balance of the order must be paid with a valid credit card.
In addition to these Khwahish vouchers Terms and Conditions, Khwahish vouchers and their use on our website are also subject to Khwahish’s general Terms of Use. You agree to comply with the Terms of Use.
Khwahish is not responsible for lost or stolen Khwahish vouchers, except as required by law.
In certain circumstances, Khwahish may replace or cancel lost or stolen Khwahish vouchers with proof of purchase acceptable to Khwahish.
Khwahish may change (add to, delete, or amend) these terms from time to time. Unless we state otherwise, the changes will apply to any new Khwahish vouchers that you purchase.
Khwahish vouchers are for personal, non-commercial use and enjoyment only. They may be shared with family and friends, but may not be advertised, sold or used as promotional items by the purchaser or anyone else without Khwahish’s prior written consent. Your purchase or use of Khwahish vouchers will be deemed your agreement to these terms.
Buyer Beware
Read Through our Terms and Conditions carefully.
Accepting the Terms and conditions while usage of this application/website makes it a valid contract between you and us.
Rules of Usage
The content is not intended for users under the age of 18, and we do not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from using the service. For this reason, parents who wish to allow their children access to Khwahish should assist them in setting up accounts, supervise their access to Khwahish & its services and determine as legal guardians whether any of the Khwahish services and its content are appropriate for them. By allowing their child access to the Khwahish services, parents acknowledge and accept that they will be able to access all of the Khwahish content.
By using this service, you agree to notify us immediately if you learn of or suspect a security breach or any illegal activity in connection with the Service.
When you use any of our services, you are shown contents from other service provider (OTT/SVOD/AVOD) channels, further we are not responsible for anything after we redirect you to their site.
We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
Third Party Sites
This Site may contain links to other websites (“Third Party Sites”). We do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Sites. The availability of these links on this Site does not represent, warrant
or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them.
Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws.
This agreement does not apply to third party sites. Before visiting a third party site by means of this site or a link located on this site, users should review the third party site’s terms and conditions, privacy policy and all other site documents, and inform themselves of the regulations, policies and practices of these third party sites.
Disclaimers
All content or contributions or any other materials or items provided through our platform by us are provided “as is” and “as available, without warranty or conditions of any kind. by operating our platform, we do not represent or imply that we endorse any contributions or any other materials or items available on or linked to by our platform, including without limitation, content hosted on third party sites, or that we believe content or any other materials or items to be accurate, useful or non-harmful. We cannot guarantee and do not promise any specific results from use of our platform. No advice or information, whether oral or written, obtained by you from us or our platform shall create any warranty not expressly stated in this agreement. You agree that your use of our platform and services will be at your sole risk. We do not warrant that our platform or services will be available for use, and we do not make any warranties as to the quality of the site, services or its content. to the fullest extent permitted by law, we disclaim all warranties, express or implied in connection with our platform and your use thereof.
We make no warranties or representations about the accuracy, reliability, timeliness or completeness of our platform’s content, the content of any site linked to our platform, contributions, information or any other items or materials on this platform or linked to by our platform. We assume no liability or responsibility for any (a) errors, mistakes or inaccuracies of content, contributions and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our platform or services, (c) any illegal or unauthorized access to or use of our secure servers and all personal information stored therein, (d) any interruption or cessation of transmission to or from our platform, (e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our platform by any third party, and/or (f) any errors or omissions in any contributions, content and materials or for any loss or damage of any kind incurred as a result of the use of any content, contributions, or materials posted, transmitted, or otherwise made available via our platform. We will not be liable to you for any loss of any data (including content) or for loss of use of this site.
Data & Product Uses
We don’t allow any kind of illegal uses of software or scrapers to scrap our data without our express written permission.
We might share basic information with our business partners, like when you are redirected to any OTT platform. We might also use your usage, and location details for ads targeting purposes.
Cancellation Rules
Any cancellation that takes place after an artist has confirmed a booking, the Artist forfeits the amount as he is supposed to be remitted.
Force Majeure
In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.