TERMS & CONDITIONS
PRIVACY
ICRPL is absolutely committed to safeguarding your privacy. As outlined in our Privacy Statement and Notice of Privacy Practices, we keep the information of our customers in the strictest of confidence. If you are not familiar with these documents, we encourage you to read them. This is the best way for you to learn the details of how we ICRPL protect the information of our customers and the specific circumstances in which we can use and disclose the information of our customers.
GENERAL
This Tasva website owned and operated by ICRPL has the right at any time to change or discontinue any aspect or feature of this website including, without limitation, the content, hours of availability and equipment needed for access to or use of the website. ICRPL has no obligation to update this site in a specific timeframe and, therefore, any information may be out of date. Any graphics, animations, video, sound, text, trademarks, or service marks, and/or other information presented at this site are the property of ICRPL. Use of this information requires written permission from ICRPL.
MONITORING
ICRPL reserves the right, but not the obligation, to monitor this website to determine compliance with the terms of this Legal Webpage and any rules established by ICRPL to satisfy any law or regulation.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER ICRPL, ITS AFFILIATES NOR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS OR BUSINESS PARTNERS WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY OBTAIN FROM USE OF THIS SITE, OR AS TO THE ACCURACY OR LIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE.
THIS SITE IS PROVIDED ON AN AS-IS BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THIS SITE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ICRPL IS NOT LIABLE FOR THE DEFAMATORY OR OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL ICRPL, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE, OR THE CONTENT INCLUDED HEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ICRPL TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT INCLUDING ITS OWN NEGLIGENCE OR UNDER ANY OTHER LEGAL THEORY INCLUDING STRICT LIABILITY, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
INDEMNIFICATION
Any notices required or permitted hereunder may be given by personal delivery in writing or by mail. Notices delivered personally shall be deemed given as of the date of actual receipt. Notices shall be addressed as follows:
DATA PROTECTION AND PRIVACY POLICY
This Data Protection and Privacy Policy relates solely to personal information supplied by you on this Web Site. It is necessary for you to supply ICRPL with personal information on this Tasva Web Site in connection with the provision of the services you have requested or are about to request at this Tasva Web Site. Failure to supply such information may result in ICRPL being unable to provide these services.
ICRPL respects the privacy of your personal information. The purposes for which any personal information provided by you to ICRPL through the Tasva Web Site may be used will vary depending on the nature of the relationship, which you as a data subject have with ICRPL. Broadly, they may comprise all or any one or more or of the following purposes (but shall not be restricted to): the processing of request for purchase of products and services membership services promotional services conducting credit checks disclosure under the requirements of any law binding on ICRPL purposes relating to any of the above purposes.
This Policy will not alter or affect any information otherwise provided by you to ICRPL The details which you are requested to provide on this Web Site shall be confidential to ICRPL, ICRPL assumes no responsibility over the contents and accuracy of the same. ICRPL will not reveal your details to any external body, unless ICRPL either has your permission, or is under a legal obligation or any other duty to do so.
ICRPL wishes to assure you that your personal information will be treated as confidential and with high standards of security. Despite taking all efforts and maintaining / exercising all care and caution, any information passed to any person though not due to a fault on the part of ICRPL, ICRPL will not be in any ways liable.
However, it is your responsibility at all times to maintain the secrecy of your user ID and login password. Personal data provided by you are retained for as long as the purposes for which such data were collected continue. Data are then destroyed unless their retention is required to satisfy legal, regulatory or accounting requirements or to protect ICRPL interest. As a general rule the maximum retention period is 7 years.
ICRPL reserves the right to amend its prevailing Data Protection and Privacy Policy at any time and will place any such amendments on this Web Site. This Data Protection and Privacy Policy is not intended to, nor does it, create any contractual rights whatsoever or any other legal rights, nor does it create any obligations on ICRPL in respect of any other party or on behalf of any party. Nothing in this Notice shall limit the rights of data subjects under the Laws of India.
INTELLECTUAL PROPERTY RIGHTS
Everything on this website, including without limitation, all text, graphics, software, logos, icons and images, is the valuable intellectual property of ICRPL its subsidiary, associates and affiliates.
LINKS
This site may contain links to other Internet sites ("Third Party Sites") that are not maintained by ICRPL. These links are provided solely for your convenience, and you access them at your own risk. ICRPL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF PRODUCTS, SERVICES OR INFORMATION OFFERED IN SUCH THIRD PARTY SITES. Consequently, ICRPL is not and cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in sites linked to this ICRPL site.
SEVERABILITY
If any provision of these Terms and Conditions is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force.
TERMINATION
ICRPL may, in its sole discretion, terminate or suspend your access to all or any part of this site including, but not limited to, any bulletin boards on this site, for any reason, including without limitation, breach of this agreement. If this agreement is terminated, the restrictions regarding materials appearing on this site and the representations and warranties, indemnities and limitations of liability set forth in this agreement shall survive any such termination.
GOVERNING LAW
These Terms and Conditions are governed by the laws of the India as such laws.
JURISDICTION
This website is controlled and operated by ICRPL from its registered office located in India. ICRPL does not represent or warrant that any materials on this site are appropriate or available for use in any other location. If you choose to access this site from another location, you do so at your own risk and are responsible for complying with any and all local laws.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of India. Any action related to matters on this website shall be brought in the appropriate courts of Bangalore. governed by the laws of the India as such laws.
RIGHT TO CHANGE
Indivinity reserves the sole right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions every time you purchase products from us or use our Web Site.
SECURITY PRECAUTIONS
We employ procedural and technological security measures, which are reasonably designed to help protect your personal information from unauthorized access or disclosure. Indivinity may use encryption, password and physical security measures to help protect your personal information against unauthorized access and disclosures. No security measures, however, are 100% complete. Therefore, we do not promise and cannot guarantee, and thus you should not expect, that your personal information or private communication will not be collected and used by others. You should take steps to protect against unauthorized access to your password, phone and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows and can easily guess, and keeping your login and password private. Indivinity is not responsible for the unauthorized use of your information or for any lost, stolen, compromised passwords, or for any activity on your account via unauthorized password activity.
OPT-OUT
You agree and acknowledge that you are providing your Information out of your free will. You have an option not to provide or permit us to collect your Personal Information or later on withdraw your consent with respect to such Personal Information so provided herein by sending an email to the Grievance Officer or such other electronic address of Indivinity as may be notified to you. In such case, you should neither visit any Website nor use any services provided by our entities nor shall contact any of our entities. Further, we may not deliver products to you, upon your order, or we may deny you access from using certain services offered on the Website.
You are also under an obligation to use this Website for reasonable and lawful purposes only and shall not indulge in any activity that is not envisaged through the Website.
ELECTRONIC COMMUNICATIONS
When you use any of our Services or send e-mails to us, you are communicating with us electronically. You by using our services consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The legal requirements would be in conformity with the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Indivinity owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not ), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Indivinity without obtaining authorization from it.
User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights. Indivinity does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of Copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, User warrants that the owner of such material has expressly granted Indivinity the royalty-free, perpetual, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any Form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. A user also permits any other end user to access, view, and store or reproduce the material for that end user’s personal use. User hereby grants Indivinity, the right to edit, copy, publish and distribute any material made available on the Site by the User. The foregoing provisions of Section 25 apply equally to and are for the benefit of Indivinity, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
TRADEMARKS
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Indivinity protected by copyright as a collective work under the applicable copyright laws. Indivinity owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download/ print/ save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Indivinity and the copyright owner is permitted.
If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with Indivinity shall not be deemed to be in the public domain but rather the exclusive property of Indivinity, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Indivinity, unless otherwise stated.
INTELLECTUAL PROPERTY RIGHTS COMPLAINTS
Indivinity respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to the ‘Customer Care’ by way of an email as provided herein below.
USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS
If you use the Website as Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. Indivinity reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years. You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter-alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Indivinity has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt-Out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. The offers made in any promotional messages sent via emails /SMS/MMS shall be subject to change at the sole discretion of Indivinity and Indivinity owes no responsibility to provide you any information regarding such change.
You undertake not to host, display, upload, modify, publish, transmit, update or share any information that is contained on the website that: belongs to another person and to which you does not have any right to; is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark , copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that Indivinity shall in no manner be held responsible for the same.
BILLING
The price of our merchandise as mentioned on is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all taxes as are applicable in India. Additional applicable taxes may be charged depending upon the international destination where the order has to be shipped to. Domestic delivery shall be free of cost. The tax rate applied and charged upon the order shall include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped.
PRODUCT COMPLIANCE
Products displayed/ sold on the Indivinity website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.
INACCURACY DISCLAIMER
From time to time there may be information on our Website or in our catalogue that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Indivinity reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
GIFT CARD TERMS & CONDITIONS
- This gift card is freely transferable and redeemable for any product/merchandise at any Tasva Outlet (offline stores) in India.
- The gift card needs to be presented to the cashier at the store before the final billing of your purchase(s).
- The card balance is redeemable for merchandise only and will not be redeemed for cash.
- The card will not be replaced or refunded if lost or stolen or deformed.
- In case the value of the merchandise exceeds the value of the gift card, the difference should be paid by cash, credit card, or debit card.
- In case the value of the merchandise is less than the value of the gift card, the difference will not be refunded in cash or in any other mode.
- This card is valid for a period of 1 year from the date of purchase of the gift card and it shall not be revalidated or renewed once expired.
- If the customer returns any products, purchased using a gift card, then the used value will be refunded to the customer in the mode of gift voucher which will be valid for 1 month from the date of issuance.
- Any dispute in relation to this gift card shall be referred to Indivinity Clothing Retail Pvt. Ltd. and its decision shall be final in this regard.
- In case of any query, please contact Tasva customer care.
WARRANTIES & LIABILITY
All information, content, materials, products (including software) and other services included on or otherwise made available to you by TASVA are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. TASVA makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through TASVA, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.
TASVA does not warrant that this Website will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading.
We will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk , that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that TASVA shall not be liable for any damages of any kind related to your use of this Website.
The information contained in this website is for general information purposes only. The information is provided by www.taruntahiliani.com, a property of TASVA. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Though TASVA shall make all endeavour to protect its websites from any viruses or other illegal use of its website. However, we do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes or is meant to constitute, the advice of any kind.
All the Products sold on Website shall be solely governed by the Indian Laws. In the event we are unable to deliver such Products due to implications of different territorial laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You. It is YOUR responsibility to ensure that the products purchased on this website are not restricted in your territory. TASVA shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website.
TASVA will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
INDEMNITY
You agree to indemnify and shall not hold Indivinity (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) for any claim or demand, including but not limited to reasonable attorneys’ fees, or be arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party or any damage to life and/or property caused by the products delivered.
BREACH
In the event you are found to be in breach of the Terms of Use or Privacy Policy or other rules and policies or if we are unable to verify or authenticate any information you provide or if it is believed that your actions may cause legal liability for you, other users or us, without limiting to the present, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website. Any user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us.
Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
Any breach of any applicable local laws of that territory shall also result in, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website.
SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
WAIVER
The failure by Indivinity to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by Indivinity of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.
FORCE MAJEURE
Failure on the part of Indivinity to perform any of its obligations and the non-furnishing of the Service, shall not entitle you to raise any claim against Indivinity or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfilment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of TASVA that directly or indirectly hinders or prevents Indivinity from commencing or proceeding with the consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not, in any event, constitute or be considered an event of Force Majeure.
GRIEVANCE OFFICER
Customers who are not satisfied with our customer care response may write to tasva@abfrl.adityabirla.com or may write to the Grievance Officer for unresolved complaints related to any product or services available on this website.
Please find the name and contact details of the Grievance Officer, appointed in accordance with the Consumer Protection (E-Commerce) Rules, 2020 below:
Anjali Seetha
Designation: E- Commerce Manager
E-mail: go.tasva@abfrl.adityabirla.com
DISPUTE RESOLUTION
This agreement shall be construed and the legal relations between YOU and Indivinity hereto shall be determined and governed according to the laws of India. If any dispute arises between you and Indivinity regarding your use of the Website or Your dealing with Indivintiy in relation to any activity on the Website, in connection with the validity, interpretation, implementation or breach of any provision of the Terms & Conditions and/or Privacy Policy including but not limited to the rules and policies contained herein, the dispute shall be subject to the exclusive jurisdiction to the Courts of Gurgaon.
Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.
