4. SUBMITTED CONTENT
(a) Confidentiality Obligations
The Application may permit the access to/ submission of various information as described in para. 3 above (Description of Services) (“Submitted Content”), feedback as well as the hosting, sharing, and/ or publication of such Submitted Content. You, acting either as Service provider or Service recipient, understand that whether such Submitted Content is published or not, the Company does not guarantee any confidentiality with respect to such Submitted Content.
You, acting either as Service provider or Service recipient, agree that such Submitted Content provided by You for which You authorize to be searchable by Users who have access to the Application is provided on a non-proprietary and non-confidential basis.
The Company may also disclose User information including personal information if the Company reasonably believes that disclosure:
· Shall enable completion of offerings on the Application;
· Is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority;
· Would potentially mitigate the Company’s liability in an actual or potential lawsuit;
· Is otherwise necessary or appropriate to protect Our rights or property, or the rights or property of any person or entity;
· As may be required or necessary to deter illegal behaviour (included, but not limited to, fraud).
(b) Your Ownership, Rights And License To Company
You, acting either as Service provider or Service recipient, retain all of Your ownership rights in Your Submitted Content and to the extent not owned by You, You are duly authorised to submit/ share/ provide access to the same.
You may remove Your Submitted Content from the Application at any time after your transaction is complete. In the event you are a Service provider, only the Company can update/ withdraw the Submitted Content uploaded by You upon completion of the said activity and after consent from the Company or as the Company may so deem fit.
(c) Third Party Links
This Application may provide links to other websites or resources. Since the Company has no control over such third-party websites and resources, You acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your interaction with any third party accessed through the Application is at your own risk, and Company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties.
For the purpose of providing Services, the Company may engage third party service providers for undertaking various support services, including verification of data including but not limited to sensitive personal information pertaining to you, data from credit Information and other relevant details and KYC documents that You provide to the Company for the purpose of due diligence and assessment. We will send such data to third party service providers and assessment reports from such service providers to the Service providers on the Application can further render services to their prospective customers.
You understand and acknowledge that We may periodically request for updates on such data, including, basis requests from third party service providers.
We collect, store and use the data stored or accessed through the Central KYC Registry for completing Know Your Customer process from you in accordance with the Prevention of Anti-Money Laundering Act 2002 and KYC Master Direction 2016. Such collected data shall be used to ascertain Your compliance with the specified regulations through various modes but not limited to Central KYC Registry, UIDAI and other Know Your Customer Authentication method, hence You hereby expressly out of your own free will and without any undue influence, coercion, fraud, mistake, misrepresentation provide Your consent to the Company to use, access, modify, store, download, upload or take any other action in relation to any data stored or accessed through the Central KYC Registry for the same. All transactions undertaken on Your behalf by the Company shall be on the basis of Your express instructions/consent and will be strictly on a non-discretionary basis.
You understand and acknowledge that You shall be solely responsible for all the activities that occur under Your account while availing the Services. You undertake that the Company shall not be responsible and liable for any claims, damages, disputes arising out of use or misuse of the Services.
(d) Company’s Disclaimers And Right To Remove
You acknowledge and understand that when using the Application, You will be exposed to Submitted Content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that You may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Application.
5. USER CONDUCT AND PROHIBITIONS
(a) Prohibitions On Submitted Content
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of Submitted Content that:
· Is prohibited under any law for the time being in force or has been prohibited by any court of competent jurisdiction;
· Affects the sovereignty and integrity of India and threatens, endangers or jeopardises the security of the country;
· Is detrimental to India’s friendly relations with foreign countries;
· Is likely to incite violence or disturb the maintenance of public order;
· Is intended to harm or exploit any individual, including a minor (under the age of 18 years) in any way; is designed to solicit, or collect personally identifiable information of such person;
· Invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
· Contains falsehoods or misrepresentations that could damage the Company, its goodwill or any third party(ies) in any manner;
· Is pornographic or expresses pornography, harassing, hateful, illegal, obscene, defamatory, libellous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive;
· Either incites or advocates obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence;
encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law;
· Promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
· Is copyrighted, protected by trade secret or otherwise subject to third party(ies) proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from the rightful owner to post the material and to grant the Company all of the license rights granted herein, which includes material bearing watermarks or other proprietary marks of other platforms or entities;
· Intends to harm or disrupt another User’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a Company employee, agent, manager, host, another user, or any other person through any means;
· Advertises or solicits a business not related to or appropriate for the Application (as determined by the Company in its sole discretion);
· Contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
· Distributes or contains viruses or any other technologies that may harm the Company, or the interests or property of the Company Users;
(c) Prohibitions on sending messages
You will not send messages to other Users containing:
· Offers to make national or international money transfers for amounts that are not part of the Services that You offer through the Application;
· Offer to directly/ indirectly engage with the Users by circumventing the Application/ Company;
· Offers to buy Your products/ services that are not authorised by the Company; or
· Unsolicited advertising or marketing of a Service not offered on the Application or an external website.
(d) Prohibitions With Respect To Services
While using the Application, You shall not:
· Post content or items in any inappropriate category or areas on the Application;
· Fail to make payment for Services purchased by You;
· Circumvent or manipulate our fee structure, the billing process, or fees owed to the Company; post false, inaccurate, misleading, defamatory, or libellous content (including personal information about any Application User);
· Take any action that may undermine the sale or services or ratings systems (such as displaying, importing or exporting information off the Application or using it for purposes unrelated to the Application).
When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Application. The Company does not and cannot review every posting posted to the Application. These prohibitions do not require the Company to monitor, police or remove any Postings or other information submitted by You or any other User. Under no circumstances shall the Company be held responsible in any manner for any content provided by other users even such content is offensive, hurtful or offensive.
As a User of the Application, You agree to use careful, prudent, and good judgment when providing feedback for a Service obtained through the Application, which otherwise may have adverse consequences against You and Your access to the Application. The feedback provided by You with respect to the Application shall be deemed to be non-confidential and the Company shall be free to use such information on an unrestricted basis.
6. REGULATORY COMPLIANCE
You understand that, as a part of the Services provided by the Company, the Company may facilitate purchasing of various services through the Application. You shall be entitled to purchase/ obtain such products/ Services provided You remain a customer of the Company. The various products/ Services purchased by You or information shared for any such transaction shall be governed by and subject to the terms, conditions, and exclusions, limitations thereof as per the guidelines issued by the relevant regulator, such as the Reserve Bank of India, Insurance Regulatory and Development Authority of India, etc.
The Company does not charge any registration/membership or browsing fee. However, the Company reserves the absolute right to charge any fee for registration/ membership or browsing fee at any time. All such fees that the Company may charge will be intimated to the Users and such charge shall automatically become effective immediately after they are posted on the Application.
The Company may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment between You and the Company. The Company shall initiate remittance of the payments made by You and the date of completion of transaction shall be undertaken after the Services are rendered to You or such other time as may be specified by the Company.
While availing any of the payment method/s available on the Application, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
· Lack of authorization for any transaction/s;
· Any payment issues arising out of the transaction;
· Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a You;
· Decline of transaction for any other reason(s).
Notwithstanding anything contained herein, the Company reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of You/ Your transaction.
9. LIMITATION OF LIABILITY
In no event shall the Company be liable to You for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any acts and/ or omissions of the Company whether or not You are advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by applicable law in the applicable jurisdiction.
In no event shall the aggregate liability of the Company, or any of the above-referenced respective parties, arising from or relating to the Application, and/or submitted content exceed the total amount of fee/ commission actually paid to Company by You for availing any Services on the Application.
You agree that Your use of the Application shall be at Your own risk. To the fullest extent permitted by law, the Company disclaims all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this Application, the Services offered on or through this Application, any data, materials, Submitted Content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this Application, including without limitation the materials, data and Submitted Content of other users of this site or other third parties. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this Application, the Services offered on or through this Application, data, materials, Submitted Content, and any information or material contained or presented on this Application is provided to You on an “as is,” “as available” and “where is” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of Third-Party rights. The Company does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the Application or Submitted Content, any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Application by any third party, any interruption or cessation of transmission to or from the Application, any defamatory, offensive, or illegal conduct of any third party(ies) or Service user or Service provider, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the Application or submitted content posted, emailed, transmitted, or otherwise made available via the Application.
11. INDEMNIFICATION AND RELEASE
12. FORCE MAJEURE
(a) Modification Or Cessation Of Application
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application (or any part thereof) with or without notice and in its sole discretion. The Company further reserves the right for periodic software updates and patches that will be provided by the Company and the User shall be obligated to take note of and comply with the same and indemnify the Company from any repercussions thereafter.
You agree that the Company shall not be liable to You or to any third party(ies) for any modification, suspension or discontinuance of the Company services, including slowing down of the Application or bugs or technical glitches or periodic software patches, etc.
(b) Termination By The Company
(c) Effect of termination
In the event of termination of Service, Your Account will be disabled and You may not be granted access to Your Account or any files or other data contained in Your Account. All points earned or vouchers won until the date of termination shall automatically expire. Notwithstanding the foregoing, residual data may remain in the Company system.
Upon termination of Service, the following shall occur: (i) all licenses granted to You hereunder will immediately terminate; and (ii) You shall promptly destroy all copies of any information belonging to the Company and any other content in Your possession or control, to the satisfaction of the Company. You further acknowledge and agree that the Company shall not be liable to You or any third party(ies) for any termination of Your access to the Application. Upon Termination of Service, the Company retains the right to use any data collected from Your use of the Application for internal analysis and archival purposes, and all related licenses You have granted to the Company hereunder shall remain in effect for the foregoing purpose in perpetuity. In no event is the Company obligated to return any Submitted Content to You.
14. INTELLECTUAL PROPERTY RIGHTS
The content on the Application (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) as well as patents, inventions, algorithms, designs copyrights, trademarks, service mark (and logos contained therein), domain names, trade secrets, know-how, including, but not limited to, source code, research, product plans, products, pricing, services, customers, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business related information and any other intellectual property, whether registered or not and whether arising by operation of law, contract, license or otherwise (“Marks”), are owned by/ licensed in favour of the Company.
Data on the Application is provided to You as is for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the Application and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Application for any commercial purposes. If You download or print a copy of the Data for personal use, You must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Application or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Application or the Data therein.
The Application may contain Company’s Data and Marks as well as Data and Marks of other users or licensors, which You shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
Any and all intellectual property shared by the Company with You shall remain the sole property of the Company. You agree and undertake not to set up an adverse claim against the Company or in any manner challenge the Company’s proprietary rights in and to the intellectual property (including, without limitation, any trademarks, trade names, brand, logos, copyright, etc.) or any other rights either during the currency of this Agreement or at any time thereafter, anywhere in the world.
(a) Company Not A Party
Each registered User hereby acknowledges and agrees that the Company is not a party to any dispute between Users, directly or indirectly. Each User acknowledges, agrees and understands that the Company is adopting a transparent system in providing Services through the Service providers to the Service Recipients and therefore, any involvement of the Company in the same will not be present. The Users understand that the Company only provides a platform to the Users and has not actual role in the rendition of Services.
All communication which, inter alia, include the texts, logos, images, sounds, data, information, software, or videos, their uploading, voting, selection, etc. are outcomes of independent and transparent processes. The Company does not have any control over such information and plays no determinative role in the finalization of the same and hence does not stand liable in any manner.
(b) Governing Law And Dispute Resolution
If not resolved with the Company, any further dispute shall be settled amicably by the Parties within 30 (thirty) calendar days of the receipt of the notice of the existence of a dispute. In the event any dispute cannot be resolved within 30 (thirty) calendar days from notice of the dispute, either party may refer the dispute to be finally settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996 and the rules framed thereunder, as amended from time to time. The arbitration proceedings shall be conducted by a sole arbitrator mutually appointed by the parties. The venue and seat of arbitration shall be Mumbai, India and the arbitration proceedings shall be conducted in English language.
16. GENERAL INFORMATION
(a) No Third-Party Beneficiaries
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the party’s intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
(d) Entire Agreement
(e) Contact Information
Grievance Officer: In accordance with Information Technology Act, 2000 and rules made there under, as amended from time to time, the name and contact details of the grievance officer are as follows:
Name: Mr. Meet Semlani
· The Company shall address the grievance and inform the complainant of its decision within 15 days of the registration of the grievance;
· If the decision of the publisher is not communicated to the complainant within the stipulated 15 days, the grievance shall be escalated to the Board of Directors of the Company, which shall conduct the Board meeting for redressing grievance of the Company.