Term & Condition
By accessing these applications / portals / platforms : google play store and other as may be launched from time to time(hereinafter referred to as “Website”, “Platform” and/or “Application”, which shall mean and be used interchangeably having the same meaning) is developed, operated and maintained by 44Services (“The Company”), a company / Proprietorship firm/ partnership firm/ LLP, having registered office at: Paliyadhar, Dhameliya No Delo, Bhavnagar, Gujarat – 364001, you agree to be legally bound by following terms and conditions and other incidental or related aspects for use.
Before you use the platform, you must read all of the terms and conditions (”Terms”) herein and the Privacy Policy provided on the Website. Please also refer the additional legal information as may be applicable to you. You must be at least [18] years of age to use our platform / website; by using our platform and agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age; Audience less than 18 years of age should register with credentials of Parent(s) and/or Legal Guardian. Platform shall not be responsible to validate and authenticate your age, however, platform reserves the right to optionally / randomly conduct checks to verify the correctness of legal age of your’ s / your legal guardian’s age registering on platform on your behalf.
“we”, “our” and “us” means “the company”; “you”, “user” and “your” means any person and/or the institutions / organizations etc., but not limited to, who accesses and uses this Platform along with updating their users on this platform;
It is strongly recommended to you to visit this page periodically to review the most current version of the Terms and Conditions. The company reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms without prior notice, and your continued access or use of this platform signifies your acceptance of the updated or modified Terms. If you object to these Terms or any subsequent modifications to these Terms or become dissatisfied with the platform in any way, you should immediately terminate use of the platform.
PART A: GENERAL TERMS AND CONDITIONS OF USE
This Terms and Conditions/Agreement is an Electronic Record published in terms of Information Technology Act, 2000 of India and generated by a computer system and does not require any physical or digital signatures and is in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 issued under the aforesaid Act.
Before you further use this Platform, you must read all of the terms and conditions specified (all sections of this Platform including but not limited to the General Terms and Conditions of Use, the Special and Additional Terms and Conditions of use and Privacy Policy provided on this Platform) collectively hereinafter referred to as the Agreement.
By using these Products, Software, Services and the Platform (hereinafter referred to as Services), you hereby confirm to having accepted this Agreement between the company and you, with immediate effect.
If you do not agree to the aforesaid paragraph, please do not proceed to further on this Platform.
If this Agreement conflicts with any other document(s), this Agreement will override and supersede such other document(s) and in case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use), the specific provisions of Part B shall prevail. Apart from it, all the terms and conditions which are obligatory to or binding on you will be applicable.
A. GENERAL
To the extent that any provision of this Agreement is found to be invalid, unlawful or unenforceable you agree that the courts at Bhavnagar, Gujarat, India shall have exclusive jurisdiction over the matter and shall endeavor to give effect to the Parties’ 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 terms and conditions.
Headings are for reference purposes only and do not limit the scope or extent of such section.
The failure of the company to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The company does not guarantee it will take action against all breaches of this Agreement.
Except as otherwise expressly provided in this Agreement there shall be no third-party beneficiaries to this Agreement. This Agreement constitutes the entire agreement, subject to specific provisions herein, between you and the company and governs your use of the Platform and the Services, superseding any prior agreements or any communication written or oral by any mode between you and the company with respect to the Platform and/or the Services.
B. DESCRIPTION OF SERVICES/PURPOSE and SCOPE OF WORK:
44Services is an Indian internet technology company that provides local search for different services in Bhavnagar and expandable to other cities in future over the phone, website and mobile apps. 44Services’ is a database of business listings that users can either access by phone or online. A service that aggregates content from social media websites, TV broadcast, news, and other sources; and a service that manages online transactions via the web and mobile apps. These services aim at making several day-to-day tasks conveniently actionable and accessible to users through one App. Some of the services enlisted under 44Services are: Real Estate, Home Décor, Education, Rent & Hire, Hospitals, Contractors, Pet Shops, PG/Hostels, Estate Agent, Dentists, Gym, Consultants, Event Organizers, Driving Schools, Packers and Movers, Travel, Restaurants, hotels, plumbers, etc.[DS1]
The Service Provider shall provide services to the user and the company has created a network of users who are in need of such services. The envisaged purpose of the company and the Service Provider is to connect the demand of the services with the supply of the services. The company will be a common aggregator platform wherein the Service Provider will be showcasing its services to the user and the user shall have the choice to select from a variety of Services Providers. The Company and Service Providers shall provide respective competences to achieve the envisaged serving.
The Company and Services Providers mutually agrees to conduct and execute the following respective scope of work / services / deliverables and hence to maintain a complete clarity amongst themselves and to achieve the stated purpose:
Scope for Company:
ü The Company shall create and continuously develop its network on its website to connect different service providers with its users. The Company shall register service providers on their site and their services shall be classified on the basis of their categories.
ü The Company shall direct the users towards the service providers and help the service providers in increasing their business domain. The Company shall advertise the services of the service providers and attract the target audience towards the service providers.
Scope for Service Provider:
ü The Service Providers shall register/enroll themselves with the Company and as and when users approach them, the service provider shall provide services to the best of their ability to the users and enter in a direct agreement with the users for such services.
The User shall be bound by the Terms of Use and all copyright policies and other applicable laws for any purpose regardless of whether the User is availing any paid services or not. Content hosted on the platform is licensed, and not sold to the User. Company reserves the right to introduce additional terms in future as may be mandated by compliant authorities and/or otherwise. User may use company’s Applications /portal only on Supported Devices (as may be conveyed from time to time by company) that are compatible with the software. To access the application, User may be required to download, install and run certain software, and updates and upgrades thereto, owned or controlled by company and/or its service provider(s). Such software shall be governed by the accompanying software or end-user license agreement, and User shall comply with the terms thereof, the terms of which are incorporated herein.
While using and accessing this platform, user provides consent to store various information of user like login information, name, address, email, phone number, user’s option to register through Gmail/Facebook, geographical location etc. User understands that some or all of these may be specified under personal information and user unconditionally provides Company their consent to store, use, process, transmit etc., this information. Additionally, user provides consent to company allowing company to use various analytics tools like google / web analytics etc., over such data of user. Company further collects and store other information that may include, users name, number email etc., but not limited to, to which user completely provides their consent hereof.
In course of providing user-friendly and hassle-free service/experience to the user and to provide end services, the company may be using third-party services. In such case, direct or indirect integrations will be made with such associated third-party service providers to render certain services.
Any data provided by you shall be used preliminary for this purpose or any other purpose connected to fulfill the above purpose or to enhance the user experience.
C. REGISTRATION:
Registration with the Platform is by way of creating user ID. You are solely responsible and liable for the veracity and accuracy of all personal and other details furnished by you as well as for authentication of all documents uploaded by you at the time of registration with the Platform and afterwards.
You hereby agree that the company may contact you either electronically, through phone or through its online and offline centers or associates, to understand your interest in the selected products and services and to fulfill your demand. You also agree that the company /the platform reserves the right to make your details available to its partners and affiliates and you may be contacted by such partners and affiliates for information through email, telephone, SMS and/or any other mode of communication.
You hereby specifically grant a consent to receive, Transactional or Service Explicit/Implicit communications, promotional materials and/or special offers from the company through email, SMS and/or any other mode of communication.
- USER ACCOUNT, PASSWORD, AND SECURITY:
If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
You agree to immediately notify us of any unauthorized use / breach of your password or account and ensure that you exit from your account at the end of each session
E. PROPRIETARY RIGHTS:
You acknowledge and agree that the company owns all legal rights, titles and interests in and to the Platform and the Services offered herein, including any intellectual property rights which subsist in the Platform, technology, other intellectual property rights and/or the Services (whether those rights are registered or not, and wherever in the world those rights exist). All the content displayed on the Site is the sole property and is in the exclusive right, title and ownership of the Company; it may be noted that the term “Company” in context and meaning to the preceding line shall means and be interpreted as the respective institutes, organizations, publications etc., shall continue retaining their respective IPR and proprietary rights of their respective IPRs being published, accessed, hosted etc., on the platform. The copyright exists in the content on the Site as well as the Site itself is and shall always remain in the sole custody, possession, control and ownership of the Company. Copyright for this purpose includes registered as well as any unregistered copyright. You further acknowledge that the Platform/Services may contain information which is designated confidential by the company and that you shall not disclose such information without the company’s prior written consent. You may not copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Platform and/or the Services.
The trademarks, logos, designs and service marks (“Marks”) displayed on this Site are the property of the Company (and/or the respective institutes, organizations, publications etc., respectively) and shall always remain the sole property of the Company. Trademarks and domain name of the Site also vests with the Company. Trade marks that have been applied for registration and the unregistered trademarks shall also be the sole property of the Company. You do not have the right to use any of the company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services or on the Platform. You will not copy or transmit any of the Services, components of service, data, details or information. You are strictly prohibited to modify, copy, alter, change, distribute, display, publish, transform, transfigure and/or mutate any part of the Platform and/or the Services outside the platform and/or in any manner apart from the one permissible on the platform from time to time.
Company’s websites (current as well as any other launches of future) respect the intellectual property rights of our users, Content Providers, organizations, institutes, publications and other third parties and expects our users to do the same when using the Services. Users shall be equally bound by confidentiality clauses and all other applicable clauses towards maintaining the sanity of the meaning of the clauses mentioned in this agreement, not only towards the company but also towards the respective content providers, source code providers, service providers, 3rd party etc., but not limited to.
F. LICENSE AND PLATFORM ACCESS/USAGE OF THE PLATFORM:
The company grants you a limited license to access and make use of the Platform, the Products/Services offered purely for commercial purpose only.
This license does not include any copying of any kind of information or in any forms such as extract or reformatted for the benefit of another individual, vendor or any other third party who have not subscribed for the platform’s services; caching, unauthorized hypertext links to the Platform and the framing of any content available through the Platform, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party) outside the application; uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in the company’s sole discretion) an unreasonable or disproportionately large load on the company’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.
You may not bypass any measures used by the company to prevent or restrict access to the Platform and/or the Services. Any unauthorized use by you shall terminate the permission or the limited license granted to you by the company and shall entail charges of compensation to be paid by you as may be determined by the company.
By using the Platform, you (user) agree not to:
1. Use this Platform or its contents for any purpose other than as defined in the Platform;
2. Make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand;
3. Access, monitor or copy any content or information of this Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
4. Violate the restrictions in any robot exclusion headers on this Platform or bypass or circumvent other measures employed to prevent or limit access to this Platform;
5. Take any action that imposes, or may impose, in our discretion, an unreasonable or
disproportionately large load on our infrastructure;
6. Deep link to any portion of this Platform (including, without limitation, the purchase path for any service) for any purpose without our express written permission; or
7. “Frame”, “Mirror” or otherwise incorporate any part of this Platform into any other Platform without our prior written authorization.
8. Use, post etc., any content which is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force. Such act may constitute of criminal proceedings against the user at his/her own risk, damage and consequences. Notwithstanding the fact that recorded contents or other parties involved in creating, producing, or delivering the Site may monitor or review any links to the Site, company and such parties assume no responsibility or liability which may arise from the content thereof.
9. Is harmful to child and/or impersonates any other person
10. Infringes any patents, trademarks, copyrights, Proprietary rights and /or violates any law for the time being in force
11. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact
12. 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 other nation
13. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
14. Breach any restrictions, guidelines that may be imposed by competent authorities from time to time
15. Use Downloaded Content upon or after the expiration of the Use Period and acknowledge that any expired Download Content will be automatically deleted from User without further notice to user
16. Remove any proprietary notices or labels on the Site or Site Content.
17. Use the Site, Site Content or Service, or any portion thereof, for any purposes which are unlawful in any nation or jurisdiction in the world or for any commercial purpose whatsoever.
18. Use the Site, Site Content or Service in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
G. YOUR ACCOUNT
You represent and warrant that you/ user on whose behalf this account is being created /to be created and used (Parent or Legal Guardian; shall be jointly, severally and interchangeably used as “You”, “Your” etc.), are of legal age and not a minor, competent to contract, having a sound mind, and under no coercion or undue influence of any person or substance or incapacitated in any manner whatsoever to form a binding contract and are not a competitor of the company or in any way or manner associated with competitor or potential competitor or a person barred from receiving the Services offered by the company under the laws of India or other applicable jurisdiction. You will use the Platform to make legitimate use for you or for any another person for whom you are legally authorized to act (and will inform such other persons about the Agreement and/or Privacy Policy) that apply to the use of the Platform and the Services on their behalf (including all rules and restrictions applicable thereto). You also agree to provide true, accurate, current and complete information about yourself as required by the Platform. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the company has the right to refuse and/or deny access of any and all existing or future use by you of the Platform (or any portion thereof).
Notwithstanding the above, the company retains the right at its sole discretion to deny access to anyone to the Platform and/or the Services it offers, at any time and for any reason, including, but not limited to, for violation of the Agreement or Privacy Policy or any other policy that maybe in force with or without reason.
User shall be responsible for creation and saving of their own user Id and password (Strong password containing alpha numeric usage along with special character should be used) and company recommends the same to be changed at regular periodic intervals.
H. OUR PARTNERS & CONSENT
The company’s display on or through the Platform of any product options or by any other mode of communication (whether public or private) offered by third parties does not in any way imply, suggest, or constitute any sponsorship, recommendation or approval of the company of any such third parties or of their products. The company does not, through its Platform display, content or in any other manner, provide any recommendation, opinion or advice to you on the third parties or their products. You agree that the company and the Platform is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third parties. It is specifically clarified that the only role that the company is playing through its Platform is as mentioned in the services / purpose and any interaction with such third party introduced through the Platform is at your own risk, and the company will have no liability or responsibility 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, non-performance, delays, defaults, any loss of business or profit or other damages or expenses resulting from your interactions with such third parties.
You hereby undertake and confirm that the information and data furnished by you to the platform is true and correct. Pursuant to this agreement, you acknowledge and confirm that you have consented to share sensitive data provided by you with platform as well as any partners of the platform in future. By registering and proceeding with the Application, you hereby authorize the platform and give your consent for the purposes as may be envisioned by platform from time to time.
While company takes the best in industry measures to safeguard user’s data, it clearly disclaims any obligation as may be imposable onto company. Company reserves the right to delete the entire data of user at any point of time wherein a breach to the stated terms is found, at sole discretion of the company. Company further reserves the rights to segment different user categories like patron users and others etc., and store the information in an archived manner and/or delete the same upon expiration of the subscription / license period. Company hereby confirms that upon request of user for deletion of his/her respective data, company upon evaluation and the then existing rules of retaining data, shall do the needful as requested by user.
I. LOCAL LAWS
The company controls and operates this Platform from its headquarters in Bhavnagr, Gujarat, India and makes no representation that the Services offered on the Platform are appropriate or available for use in other locations or jurisdictions. If you use this Platform from other locations/jurisdiction, you are responsible for compliance with applicable local laws (including the taxation aspect, Fiscal and Economic Laws) and regulations including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Platform are solely directed to individuals, companies or other entities interested to getting on boarded onto platform for the services as may be enlisted therein from time to time. By agreeing to these terms and conditions of use, you confirm and undertake that neither you nor any of your representatives shall have the right to challenge the governing law and jurisdiction as more specifically set out herein and/or in Part B (Special and Additional Terms and Conditions) as the case maybe.
J. SUBMITTED CONTENT
The company does not claim ownership and/or usability/suitability of any information, data, documents and/or materials (“Materials”) of any kind made available by you through the Platform; however, there are various institutions which may have been on-boarded as one of the key user group of this platform which has subscribed for various 3rd party contents. These contents are owned by respective 3rd party content providers, publishers etc., and platform in no way claims ownership, accuracy, veracity etc., of such content which may be subscribed or made available by institutions and/or by such 3rd party publishers. At the company’s sole discretion, such Materials may be included in the Services in whole or in part or in a modified form. With respect to such Materials, you submit or make available for inclusion on the Platform, you grant the company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such Materials or any part thereof (as well as use the name that you submit in connection with such submitted content) unless specially agreed otherwise by the company.
You hereby represent, warrant and covenant that any Material you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section. In case any liability arises on the company then you shall be solely liable and shall indemnify the company. We take no responsibility and assume no liability for any Material and its content posted or submitted by you. We have no obligation to post your Material or comments; we reserve the right in our absolute discretion to determine which Material/comments are published on the Platform. If you do not agree to these terms and conditions, please do not provide us with any Material/content for submission. You agree that you are fully and solely responsible for genuineness, veracity and authentication of the Material and content you submit.
You are prohibited from posting or transmitting, including but not limited to the following, to or from this Platform:
1. Any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services) unless specifically required by the company;
2. Any unauthenticated or manipulated data (in any form) leading to forgery or business deal failures.
Apart from the above four mentioned clauses, this section also includes all the clauses (related to uploading and usage of content on/to platform) mention under title “Platform-Provided Message Postings (Including Forum)” in the document below.
Any noncompliance/breach/infringement of the above shall entitle the company to take strict actions as it deems fit against you. You shall be solely liable for any damages, claim, costs and expenses resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Platform.
K. LIMITATION OF LIABILITY
The company and its Partners, Subsidiaries, Joint Ventures, Associates, Officers, Directors, Employees, Representatives, Affiliates, and providers (hereinafter referred to ”The company’s Associates”) will not be responsible or liable for:
(a) any injury, death, loss, claim, act of God, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with:
1. any failure or delay (including without limitation the use of or inability to use any component of the Platform), or
2. any use of the Platform or content or Services, or
3. the performance or non-performance by us or the company’s Associates, even if we have been advised of the possibility of damages to such parties or any other party, or
4. any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or
5. user content or the defamatory, offensive, or illegal conduct of any third party
(b) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Platform or your downloading of any Service/content from the Platform.
(c) any unanticipated, unforeseen damages, risk and/or claims that may arise due to usage of this platform
In no event shall company, its affiliates, directors, employees, advisors, service providers and/or licensors etc., be liable to user for any claims, proceedings, liabilities, obligations, damages, losses and/or costs in an amount exceeding the amount user / client has paid to company hereunder.
L. INDEMNITY
You agree to indemnify, release and hold harmless the company and the company’s Associates, employees, advisors, third party service providers from any and against all liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties, interests or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to breach of this Agreement, violation of any law or the rights of a third party, or use of the Platform/Services.
M. ELECTRONIC COMMUNICATION
When you use the Platform, you are communicating with the company electronically. You consent to receive communications from the company electronically. The company may communicate with you by email or by posting notices on the Platform or by phone or usually available means of communication.
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. You agree to visit our terms and condition & Privacy policy on company’s website periodically (at least once in a year) and in case you do not agree to the same, kindly cease the usage of the platform immediately.
N. PLATFORM-PROVIDED MESSAGE POSTINGS (INCLUDING FORUM)
The Platform may provide users with the ability to post messages on the Platform. The Company is under no obligation to validate in any manner to review any messages, information, data or content (“Postings”) posted on the Platform by users and assumes no responsibility or liability relating to any such Postings.
Notwithstanding the above, the Company may from time to time monitor the Postings on the Platform and may decline to accept and/or remove any Postings. You understand and agree not to use any functionality provided by the Platform to post content or initiate communications that contain:
1. Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, terrorism, religious harmony, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
2. Advertisements or solicitations of any kind;
3. Impersonate others or provide any kind of false information;
4. Personal information such as messages which state phone numbers, account numbers, addresses, or employer references.;
5. Messages by non-spokesperson employees of the company purporting to speak on behalf of the company or containing confidential information or expressing opinions concerning the company;
6. Messages that offer unauthorized downloads of any copyrighted or private information;
7. Multiple messages placed within individual folders by the same user restating the same point;
8. Chain letters of any kind; or
9. Identical (or substantially similar) messages to multiple recipients, advertising any product or service, expressing a political or other similar message(s), or any other type of unsolicited commercial message.
This prohibition includes but is not limited to:
1. Using the Platform to send messages to people who don’t know you or who are unlikely to recognize you as a known contact;
2. Using the Platform to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and/or
3. Sending messages to distribution lists, newsgroup aliases, or group aliases
O. BLOGS
The Company May post blogs on its Platform, which may be written by the Company or its contributing authors. The Company Blogs and their contents are made available for informational and educational purposes only, and do not provide any legal, business, professional or tax advice. You agree and understand that your use of the company’s Blogs does not create an attorney-client relationship, and the contents of the company’s Blogs do not constitute legal advice. Information provided through Blogs may not reflect the most current legal developments and is not guaranteed to be correct, complete, up-to-date, or applicable to your particular transaction or situation. You should contact an appropriate professional for advice on your particular transaction or situation. The company and all contributing authors to Blogs expressly disclaim any and all liability to any persons or entities with respect to actions they take or do not take based on the contents of Blogs, and you agree that by visiting and viewing Blogs, the company, the company’s Associates and the contributing authors to Blogs are not liable or responsible for the contents of the blogs.
The information provided and comments posted in Blogs are exclusively the personal views of the authors, unless otherwise attributed. Information and comments provided through Blogs do not necessarily represent the views of the company or Blog editors and should not be attributed to them unless expressly indicated. The posting of an item on Blogs does not mean that the company or Blog editors approve or disapprove of the selection or contents of that item.
The text, graphics, and their selection and arrangement on Blogs are the copyrighted works of the company and/or its licensors, as applicable. All rights are reserved.
No articles on the Blog may be reproduced without the express written permission of the company. If the company does grant permission to a Platform to reproduce a portion of an article, the text must be accompanied by a link to the full article on the Blog. The text must also be accompanied by a statement asserting that the text has been reproduced with the permission of the company. The company may terminate a grant of permission at any time if it determines that such grant is no longer in the best interests of the company. To obtain a permission to reproduce the article and/or in case of any queries pertaining to functioning of the platform, kindly write to the email id as may be mentioned in Contact us / Support Segment of Platform, from time to time.
P. LINKS AND BROWSER EXTENSION
The Platform or third parties may provide links to other World Wide Web sites or third-party resources. Such third-party contents and links are provided solely for your convenience and information only. As the company has no control over such sites and resources, you acknowledge and agree that the company is not responsible for the availability of such third-party external sites or resources, and does not endorse and is not responsible or liable in any manner whatsoever for any such third-party content, advertisements, products or other materials on or available from such third-party sites or resources. You further acknowledge and agree that the 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 third-party content, goods or services available on or through any such third-party site or resource. Company reserves the rights to store and process the browsing history as may be required for internal analysis purposes.
Q. ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the Platform is restricted to authorized users only. Unauthorized individuals attempting to access or accessing these areas of the Platform may be subject to prosecution and/or legal action under the applicable laws.
R. MODIFICATION AND NOTIFICATION OF CHANGES
The company reserves the right to make changes to the Platform, Services, related policies, payment terms and agreements, this Agreement (all sections) and the Privacy Policy at any time. If the company makes a material modification to this Agreement, you are advised to refer this Agreement from time to time. If you choose to continue using the Platform, you agree that by doing so you will be deemed to accept the Agreement.
S. SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.
T. YOUR TELEPHONE CALLS
Telephone calls that you make to our customer service help line on the numbers mentioned in the Contact Us section of the Platform or calls made by our support desk may be monitored or recorded. This will help us to train our staff and improve our services to you. A recording will only be used under proper and careful supervision. Our customer service help line is available on the times notified in the Contact Us section of the Platform. Your telecom provider will charge you at local rates for calls made to non-toll-free numbers. Any solicitation talks shall not be entertained and you as a user of the Platform are bound to maintain the dignity as a tele-talker. All rules and regulations as applicable to telephone calls/Tele Talks in this regard shall apply and you as a user are bound to comply with the same
U. FEEDBACK
Your feedback makes us better. Please feel free to share it with us. We will assume no responsibility for reviewing unsolicited ideas and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future the company programs. Please do not reveal trade secrets or other confidential information in your messages to the company. Any and all rights to materials submitted to us become the exclusive property of the company. The company is not bound to act or implement any discretionary measures against any complaint/feedback received. However, the company in good faith shall use its best efforts to use the same in a positive way and shall endeavor to take reasonable efforts to improve/improvise the Platform to the extent possible.
V. ADDITIONAL TERMS AND CONDITIONS ON CERTAIN SECTIONS OF THE SITE
In addition to Part A of this Agreement, users who desire to access and use specific categories/sections on this Platform for the purpose of accessing the Services, are bound by such special and additional terms and conditions of use governing those categories/sections as more specifically defined in Part B of this Agreement. Users are mandatorily required to review, accept and confirm such special and additional terms and conditions before accessing and using the Services available in such specific categories/sections. By accessing these categories/ sections, you agree to be bound by any such special and additional terms and conditions. In the event the special and additional terms and conditions are inconsistent with any part or portion of Part A of this Agreement, the special and additional terms and conditions of Part B being specific in nature shall control and take precedence.
PART B: SPECIAL AND ADDITIONAL TERMS AND CONDITIONS
44Services offers Services that, amongst other things, allows users (i) to make a payment via payment gateway links which shall be sent on their email/SMS; (ii) scan QR Codes placed on invoices, web pages, emails, posters or other media produced by the Service Provider to enable the Users to quickly and easily (i) register with and/or log in to the Service Provider’s website; and/or (ii) make payments to the Service Provider. The Service Provider for the purposes of services is required to register with 44Services to be able to receive the Services. The Service Provider may not receive the Services (including processing any Transactions) until it has been so authorized by 44Services. By clicking on the check box, Service Provider agrees that it has read and understood this Terms of Service. The Service Provider is desirous of availing Services in order to accept the payments online from Customers for Services / Products purchased by them (Customers) from the Service Provider or its agents. 44Services hereby grants Service Provider a right to access and use the Services and to utilize systems, and/or communication links furnished by 44Services in accordance with this Terms of Service and any other implementation and use requirements provided to Service Provider by 44Services from time-to-time. Service Provider shall not misuse, rent, lease, assign, or otherwise transfer the services to any other Person. Service Provider may not alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from or included in the 44Services System. All rights, title and interest to the 44Services are owned exclusively by 44Services. 44Services shall perform the Services with reasonable skill and care. Further details related to the services may be availed from the above-mentioned website/s.
In addition to the terms and conditions set out in Part A, these Special and Additional Terms and Conditions set out herein are applicable to a service applicant. In Case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use) the specific provisions of Part B will prevail.
ABOUT SERVICES
By doing so, it has transitioned from being purely a provider of local search and related information to being an enabler of such transactions.
The objective of 44Services is to provide fast, free, reliable, and comprehensive information to our users and enable discovery and transactions for all products and services.
“Agreement” is for the purpose for placing an order of goods/services through its advertiser registered/listed with 44Services as described in this agreement. All the orders/enquiries placed by you through its website https://sites.google.com/view/44services/contact-us/terms-conditions (“Website”), telephone search, SMS, WAP or any other medium, will be forwarded by 44Services to the advertisers listed with us, for further processing of your orders.
“Goods” means either aggregation of goods seller and end-customer and/or services to be provided by service provider and end-customer and/or Goods/services described in an Order form.
“Intellectual Property Rights” Includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.
“Order” means an enquiries/ booking request placed by you through 44Services which will in turn will be forwarded to respective Advertiser listed with 44Services.
“Product List” means the list of Goods/services displayed on the 44Services web site as amended from time to time.
“Service Provider” means a seller of services listed on the 44Services website for the users/customers to avail services from.
Applicability
The terms of use will be applicable You and 44Services once you have placed the order for goods as described in this agreement.
Placement of Order
You have the option of placing the order by calling to 44Services Call Centre Number and/or by using the booking facility provided on the web, or by any other means as introduced by 44Services from time to time. 44Services does not sell or claim to sell any liquor or any other prohibited product. 44Services collects customer orders and forwards them to the service provided/advertiser which may or may not choose to complete the order. 44Services is also not responsible for the Quality of any services ordered from the website. To order goods from 44Services Platforms you must be of legal age as specified by the appropriate authority and/or as defined in this agreement. 44Services shall try getting the order completed, however there is no guarantee for the fulfillment of the order.
Completed Orders
You must complete or give requisite details for completing an order form for the purposes of booking your order. You warrant that all information and data provided by you in the order form is accurate, complete and up to date. If you are placing an order through phone then in that event your order is deemed to be completed once the details are filled by the 44Services executive and in case you are placing an online order through 44Services website then it is deemed to be completed once the details are filled online in the order form.
Delivery
You hereby confirm all products/services are subject to availability and You acknowledge the fact that Booking of Orders are taken/booked by 44Services but the services are delivered by Service Provider listed with 44Services.
The services are delivered by service provider and all the cost and time involved into such delivery shall be borne by service provider.
Miscalculation of Charges/Fees
If the calculation of the fee/charges is insufficient to cover the actual cost of services which is paid, then Service Provider is not obligated to fulfill your order. Where Client chooses not to absorb the additional fee, Service Provider will notify you that the calculations are different from real costs and offer you the option of paying the difference and going ahead with the order. You may choose to proceed and pay the higher delivery fee or cancel the order.
Returns or Refunds
If at any time You are not satisfied with the quality of the Services You have purchased, you may call Customer Care no. of 44Services wherein your complaint will be noted and will forwarded to the respective Service provider for its resolution or you can directly complaint to Service provider. 44Services shall not be liable towards any refunded or claims towards the services subscribed by client or otherwise.
Pricing
44Services reserves the right to alter prices of goods at any time as requested by the respective Service Provide. All prices quoted are in Indian National Rupee (INR). All orders are subject to availability and confirmation by the Service Provider. If any order is unavailable or incorrectly priced then Service Provider will advise you the correct price of the product before delivery or recommend a suitable substitute.
Cancellation and Modification
Cancellation or modification of any bookings made through 44Services shall be strictly in accordance with the Service Provider modification and cancellation policy, including with respect to refund. You may directly contact the respective Service Provider and/or 44Services for processing any requests pertaining to cancellation or modification. The cancellation and modification request made by you to 44Services will be forwarded to respective Service Provider for its resolution and it may be accepted/rejected at sole discretion of Service Provider.
All registered users shall ensure compliance with the following terms and conditions at all times through the Platform of the company (the term shall hereinafter deem to include its third-party partners, employees, affiliates, agents and representatives where the context so requires.
44Services’ listed Service Provider/ actual business owners who has processed and delivered your order as per your request is solely responsible for quality, delivery and billing of the services. 44Services, only acts as channel between you and the actual business owners/listed advertiser. We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the Website or its Content for any particular purpose. We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the services supplied/delivered by the Service Provider. We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Website, or the Website’s inability to meet your needs. We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Website. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Website or any linked website.
OUR RELATIONSHIP WITH SERVICE PROVIDERS
44 Services facilitates individuals and legal entities in accepting payments initiated by their customers on their website or mobile application directed to the 44 Services Site or through its System, using Valid Cards, Net Banking and various other acceptable modes of Payment Mechanism provided by 44 Services. 44 Services is a web portal/software application. 44 Services will act as an intermediary, by creating a link between the Service Provider and the respective Financial Institution by means of the Software Application and 44 Services site, for enabling the Customers to make payment for the Transactions carried, using 44 Service. In order to serve in this role, we have entered into agreements with Financial Institution and other software providers who are in the business of providing information technology services, including but not limited to, internet based electronic commerce, internet payment gateway and electronic software distribution services, to enable use of internet payment gateways developed by them, to (i) route internet based Valid Card Transactions; (ii) offer various facilities through the internet, including net banking facilities; (iii) provide Authorization from Card Associations or other third party clearing houses; and (iv) provide settlement facilities in respect of payment instructions initiated by the Buyers. These Transactions are between you and payment gateway Service Provider and we are only acting as an intermediary. We are not (i) a payment System Provider as defined under the Payment and Settlement Systems Act, 2007, (ii) a banking company as defined under the Banking Regulation Act, 1949 or (iii) a non-banking financial company as defined by the Reserve Bank of India Act, 1938. The relationship between 44 Services and you are on principal-to-principal basis. Nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between us hereto or any affiliates or subsidiaries thereof or to provide either Party with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party. 44 Services has no connection or interest of whatsoever nature in your business or the Products offered/ marketed on the Service Provider Site. 44 Services shall provide Services to you, as an independent entity and under the terms and conditions of this Agreement. 44 Services has no relationship with the Customers and all actions under this Agreement which may affect the Customers are instructed by you. You alone shall be responsible to the Customers and neither 44 Services nor the Financial Institution or anybody connected to 44 Services or Financial Institution shall have any responsibility or liability towards the Customers and you shall keep 44 Services and Financial Institution fully indemnified for all times to come in this respect. 44 Services is neither concerned nor required to monitor in any manner the use of the payment modes by the Customers for procuring / availing the Products. The Customers should be required to use the payment modes at their sole option and risks. You shall be required to notify this responsibility to all its Customers under the instructions provided by 44 Services.
OBLIGATIONS OF 44 SERVICES
In providing the Services, 44 Services is acting as an Intermediary between the Service Provider and Customers/Users. The contract for the sale of goods or services will be between the Customers/Users and the Service Provider. The Service Provider shall be solely responsible for all customer service issues relating to its supply of goods or services (including pricing, rebates, item information, availability, technical support, functionality, warranties, guarantees, order fulfilment, shipping, handling, order cancellation, returns, refund, adjustments, feedback and product or service complaints). In performing customer service, the Service Provider shall present itself to its customers 44 Services Provider. It is the responsibility of the Service Provider and not 44 Services to resolve any dispute or claim raised by Customers/Users relating to the purchase or sale of goods or services from the Service Provider. In case of an unauthorized Refund or a Refund that was incorrectly executed due to an error by 44Services, 44Services shall at the Service Provider’s request immediately credit to the Service Provider Account the refunded amount including all related Service Fees deducted therefrom. The 44Services shall not be liable, for any event whether or not arises from: (a) the Service Provider’s failure to keep the personalized security features of the Service Provider’s Account safe in accordance security policies prescribed under the law time being in force; or (b) any breach of this Agreement by the Service Provider, or the Service Provider ‘s negligence or willful misconduct; (c) if the Service Provider fails to notify the 44Services of any loss of the Service Provider’s Password or other event that could reasonably be expected to have compromised the security of the Service Provider Account after the Service Provider has gained knowledge of such event; or (d) the Service Provider fails to dispute and bring the unauthorized or incorrectly executed transaction to the 44Services’s attention within 24 (Twenty Four) Hours from the time/date of the transaction. 44Services is obligated to perform only those duties expressly described in this Agreement. 44Services shall not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact, except for as expressly provided for herein. 44Services shall maintain daily transaction record for accounting purpose and data and information generated/maintained by 44Services under this agreement shall prevail and be binding on the parties. 44Services hereby agrees that the payment identification number generated by 44Services shall be the proof of payment made by 44Services to Service Provider.
OBLIGATION OF THE SERVICE PROVIDER
Service Provider shall be responsible for working with the 44Services development team to make sure services are available subject to pre notified downtime of the system. Service Provider will designate an Account to which all amounts due pursuant to Services will be credited as per its terms and Conditions. Service Provider shall be responsible for providing its accurate bank details to 44Services. 44Services shall not credit amounts due pursuant to Services to the Service Provider’s Account, until or unless Service Provider shall not settle all disputes relating to payment or chargeback etc. Service Provider hereby expressly authorizes 44Services to initiate credit entries to Service Provider’s Account for payment of amounts due to Service Provider as per record and entries available with 44Services, and to debit Service Provider’s Account (for commission, payment gateway charges or any other charges) from time to time. Service Provider hereby confirms to provide relevant information to 44Services and to comply with applicable laws and industry rules or standards or as otherwise reasonably necessary to receive services from 44Services. Service Provider shall be required to submit the KYC documents as sought by 44Services from time to time or in compliance to statutory obligation for the purposes of availing services under this agreement. Service Provider agrees to maintain Transaction records and retain proof of delivery of services from the customers for up to two (2) years from Transaction date and to make these records available to 44Services upon request. The Service Provider agrees and understands that 44Services reserves the right to suspend payments to the Service Provider or suspend the services of the Service Provider, until such time if it finds out that the Service Provider is selling such banned/illegal Products or uses the Funds collected for illegal, unlawful or banned purposes or does not conform with all applicable laws and regulations in force from time to time. In addition, 44Services reserves the right to terminate this Agreement forthwith, in the event that the Service Provider continues to sell such banned/illegal Products or uses the Funds collected for illegal, unlawful or banned purposes. Service Provider acknowledges that with respect to Transactions, 44Services will be acting as the payment facilitator to the Service Provider. Service Provider for any support or disputes can email at info.44services@gmail.com , with brief details of the support required or call on No.-7600737344. Service Provider shall not cause to be done any act/representation/omissions which results to loss of goodwill and damage to the reputation of 44Services and vice versa. Service Provider or any person on behalf of Service Provider must vigilantly comply with all applicable law, including, without limitation to, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made thereunder, and any other law for the time being in force, and shall not do, or omit to do, any act that will cause 44Services to be in breach of any such applicable law. If Service Provider breaches the obligations, it shall indemnify 44Services against any costs claims and liabilities arising as a result of the breach. Service Provider shall take all such precautions and security measures to ensure that there is no breach of security and the integrity of the link and they have a proper encryption and robust security measures to prevent any hacking into the information of the customers and other data pertaining to customer/44Services. Service Provider should have to do the following: use antivirus, protect the Password and Login ID, restrain from using Unlicensed or unmanaged applications, restrain from using third party links, and protect its devices and the data from unauthorized access etc. In the event of any loss being caused as a result of the link being breached due to fraud, negligence and misconduct of the Service Provider and any person on its behalf, the Service Provider shall indemnify and keep indemnified 44Services, from any loss as may be caused to it. Service Provider shall provide such assistance for the prevention and detection of fraud in respect of any transaction as 44Services may from time-to-time request. In the transaction between the Service Provider and the Customers, 44Services shall not be responsible for any defect in goods/services sold/provided by the Service Provider. 44Services shall not be deemed to be a party in respect of any such Transaction. Any and all disputes, subject to the other provisions of this Agreement, between the customers and Service Provider in respect of any goods/services sold/provided by Service Provider shall not require 44Services to be a party to any such dispute except where the dispute between 44Services and the Customer has arisen by the acts and omission of 44Services.Service Provider agrees that it shall provide to 44Services the Customer Data relating to the Customers as defined under this agreement. The Service Provider shall only accept Payments from and/or make Refunds to Customers/Users in connection with goods and/or services which the Service Provider has sold and supplied to those Customers/Users; The Service Provider shall only accept Payments and/or make Refunds in respect of goods and services the sale and supply of which commonly falls within the Service Provider’s business as identified to the 44Services. The Service Provider shall only accept payments and submit data to 44Services in respect of Transactions which Customers/Users have authorized in accordance with Applicable Law, the Agreement and any other information or instructions provided by 44Services to the Service Provider from time to time. The Service Provider shall cooperate with the 44Services and provide all information as the 44Services shall reasonably require enabling it to provide the Services; Service Provider shall display the QR Code at significant location where it is easily visible to customers. The Service Provider shall also be responsible for informing, updating the customers about the cancellation and refund policy and 44Services shall not be responsible for the same in any manner. The 44Services shall have no liability for any failure to provide or delay in providing the Services in accordance with the terms of this Agreement to the extent such failure or delay results from the failure of the Service Provider to comply with terms or the Service Provider has otherwise caused or contributed to the failure (by act or omission).Unless otherwise agreed by the 44Services in writing, the Service Provider acknowledges and agrees that it shall (at its own cost) be solely responsible throughout the Term for the provision of all equipment, software, systems and telecommunications facilities which are required to enable the Service Provider to receive the Services. Service Provider will comply, at its own expense, with all laws, policies, guidelines, regulations, ordinances, rules, and/or orders of any governmental authority or regulatory body having jurisdiction over the subject matter hereof, including, without limitation, terms of issuing Banks or/and terms of the Payment Gateway Provider. 44Services reserves the right to amend, modify or change the Services documentation at any time. Service Provider shall not use the Services in any manner, or in furtherance of any activity that may cause 44Services to be subject to investigation, prosecution, or legal action. Service Provider will comply, and will cause its employees, agents and sub-contractors to comply, with Data Protection Legislation in connection with the performance of its obligations under this Agreement. You are responsible for keeping your Account login information, password, and PIN secure. Your use of third-party products and services shall be governed by and subject to separate third-party product, service, software and/or license agreements. 44Services shall not be a party to such third-party agreements and does not warrant or guarantee any third-party product or service. Service Provider shall provide the correct personally identifiable information of its customers/end users including but not limited to name, address, contact no. etc. to 44Services in all respects. 44Services shall not be responsible, for any loss, or damages, causes either to Service Provider and/ or customers/end users, in any manner whatsoever, due to the incorrect/false personally identifiable information of customers/end users, provided by the Service Provider and the Service Provider shall not claim or challenge for the same. If you link a bank account with 44Services, the bank must be a registered with RBI. When you make a payment that is funded by your bank, you are authorizing 44Services and our Financial Institution Partners to initiate an electronic transfer from your linked bank in the amount you specify. You are solely responsible for complying with any terms set by your bank with respect to your bank account, including any fee terms, such as non-sufficient fund or overdraft fee terms. If you are entitled to a Reversal, refund, or other adjustment associated with a payment you made using the Services, you also authorize 44Services to credit your linked bank account to complete that transaction. You shall have the marketable and legal right and title to sell Products offered by it to the Customers by using 44Services. In the event any Customer complaints or is dissatisfied with any Product, you shall take such measures as may be required to resolve the same at its sole cost and expenses. You shall ensure that the best service standards in the industry are adopted and shall ensure Delivery of all Products paid for on the Service Provider Site to Customers in accordance with the highest standards. You shall be solely responsible for the accuracy of all information and/or validity of the prices and any other charges and/or other information relating to the Products, which are offered by you. You hereby agree that it shall bear and be responsible for the payment of all relevant taxes, surcharge, levies etc. (including withholding taxes) in relation to the Customer Charge and Services provided under this Agreement. In the event that you opt for Services, you agree and understand that you and your Customers shall be bound by the terms and conditions at __________________. You shall ensure that you and all your Customers comply with the terms and conditions. You will not engage in any activity, including the development or distribution of an application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party including, but not limited to, 44Services or Financial Institution Partners. You shall ensure to keep confidential, all information submitted by the Customers to you. The Customer shall not be required or asked to disclose any confidential or personal data, which may be prejudicial to interests of the Customer. You shall use the Customer data only for the purpose of completing the Transaction for which it was furnished, and shall not sell or otherwise furnish such information to any third party. You shall be liable to comply with existing data privacy regulations from time to time. You shall in writing inform 44Services of all changes in its constitution, directors/partners/trustees, or change in the current addresses of each office, within seven (7) Business Days of such change having taken place listing out the names and details of the personnel in charge of your management and affairs. Such intimation shall be provided on your letterhead signed by your authorized signatory. You shall not engage in activities that harm the business and/or brand of 44Services, the Financial Institutional Partners. You shall be responsible to resolve all customer disputes and provide whatever assistance necessary to assist the Financial Institutional Partners and 44Services deal with all Customer disputes at its own cost. You authorize 44Services to share Transaction data and Customer information with the respective Financial Institutional Partners. You agree that 44Services reserves a right to suspend the payment and/or Services provided herein, forthwith, in event you fail to observe the terms and conditions herein. You agree that 44Services shall not be responsible for any incorrect information provided by Service Provider and the transaction thereof. Service Provider shall immediately inform 44Services in case of any theft or loss of its instruments /mobile devices etc. used for the services. Service Provider agrees that 44Services shall not be responsible in the event Service Providers fails to inform about such lost/theft of instruments /mobile devices etc. You acknowledge and confirm that while accepting the payment using 44Services, you shall not demand any Customer (Cardholder) to pay any surcharge, to pay any part of the discount, whether through any increase in price or otherwise, or to pay any contemporaneous finance charge. If at any stage it is brought to the notice of 44Services/ Bank that such a charge is being levied by you, then services will be immediately terminated by 44Services or the Bank.
A. PAYMENT TERMS
When the Service Provider expresses the proposal of registration their services with the Company, the Service Provider shall have to pay a registration fee of Rs.600 (Rs. (In figures)) to the Company within 7 (seven) days of such request for registration made to the company.
Once the Registration fees are paid, the Company shall list the service provider and their services on their site within 45 (forty-five) days of the payment received by the Company. Further once, the service provider and their services are successfully enlisted on the Company’s website, the Service Provider shall share the revenue with the Company in the following manner:
OPTION -A
The Service Provider have agreed to share ___% revenue (post taxation) till the term of agreement. After successful completion of every service order between the service provider and the users, the service provider shall share the above mentioned fixed commission with the Company.
OR
OPTION -B
The Service Provider shall share a fixed amount of Rs.-600 (In figures) (Six hundred only) to the company after every successful completion of every service order between the service provider and the users, the service provider shall share the above mentioned fixed amount with the Company. Irrespective of the amount received by the Service Provider, the Service Provider shall share the above-mentioned fixed amount to the Company. [DS2]
The payment should be made within 7 (seven) days of the payment received by the service provider from the users. In case of delay in payment, a penalty of 1.5% per month over the commission amount shall be charged from the service provider. Both the parties shall be liable to pay their respective taxes according to the applicable taxation laws from time to time.
B. CONFIDENTIALITY
The provisions of this Section are in addition to the provisions of the Privacy Policy required to be accepted by the user. All information shared by the user as a registered account holder with the Platform and/or the company shall deem to be confidential information and the Platform has put in reasonable and appropriate protective measures to ensure that confidentiality of the same is protected.
However, if such information is shared with any third parties such party shall be responsible for maintaining the confidentiality of the same as per the applicable laws and shall be liable in case of any breach.
The Platform shall have the right to share the user information with the 3rd parties, service provider, regulatory and/or statutory authorities and/or any other agency as maybe required under applicable laws as well as with its partners, employees, alliances, affiliates, agents and representatives on need-to-know basis.
All information shared by third parties with the user on the Platform shall also be treated as confidential information (unless the same is available in public) and the user shall take appropriate and reasonable measures in its system to protect the same at its end. Any breach or negligence in this regard at the user’s end leading to any third-party claims on the user, the company and/or the Platform shall be handled and settled by the user at its own cost and expense and the company shall not be responsible or liable for the same.
C. INDEMNITY
A breach or noncompliance of these Special Terms and Conditions by the user can cause severe and irreparable loss and damage to the company, the Platform and/or a third party. The company and the Platform reserve their right to recover all losses, costs and expenses incurred in case the users’ breaches or fails to comply with any of the provisions of this Part B.
D. DISPUTE RESOLUTION
Amicable Settlement
If any dispute arises between the Parties in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement (Terms of Use, Part A, B and Disclaimers) the disputing Parties hereto shall endeavor to settle such Dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed if not resolved within thirty (30) days from the date of the Dispute.
Arbitration
If the disputing Parties are unable to amicably settle the Dispute in accordance with above, within the period specified therein, any party to the Dispute shall be entitled to serve a notice invoking this Clause and making a reference to arbitration.
The arbitration shall be conducted and managed by a single arbitrator digitally. All disputes and questions whatsoever which shall arise either during the currency of this Agreement or afterwards, between the Parties concerning this Agreement to this single Arbitrator The decision of the arbitrators shall not be final and binding on the Parties.
The place of arbitration shall be Bhavnagar, Gujarat (India) and all arbitration proceedings shall be conducted in the English language. Judgment upon any arbitral award rendered hereunder may be entered in court, having the above jurisdiction at Bhavnagar, Gujarat, India, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The Courts at Bhavnagar, Gujarat, India shall have final and exclusive jurisdiction on all questions relating to the validity of the arbitration provisions and the law governing interpretation of these arbitration provisions.
E. GOVERNING LAWS AND JURISDICTION
This Agreement (Terms of Use-including part A and B) and the relationship between you and the company will be governed by the laws of the India without regard to its conflict of law provisions. Subject to the above, the courts located in Bhavnagar, Gujarat (India) shall have exclusive jurisdiction with respect to any legal proceedings that may arise in connection with this Agreement. The Service Provider shall be obligated for any criminal act conducted by Service provider and/or any of Service Provider’s resources which are aligned to the services and the company will not be responsible for accountable for the same.
F. CRIMINAL OBLIGATION
For any act done by the Service Provider and/or by any of its resources, affiliates, associates, who are aligned with the service, which is of criminal nature, the Service Provider shall be held liable and obligated towards such act and its risk, cost and consequences. The Service Provider and the users both understand that the company shall not be liable or accountable for the act of the Service Provider and/or by any of its resources during its association with the company and/or post termination/lapse of association with the company.
G. WARRANTIES
The company reserves the right to discontinue or alter any or all of website services, and to stop publishing website, at any time at company’s sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
No warranty: The company sites, services, and software are provided “as is,” with no warranty, implied or statutory, including, without limitation, warranties of Service Provider ability, fitness for a particular purpose, and non-infringement of proprietary rights. The company disclaims any implied, express, or statutory warranties regarding the security, reliability, timeliness, and performance of the solutions & services, including information or advice obtained through the company.
Other than as expressly set out in these terms or additional, in no event shall Company, its officers, directors, employees, advisors, vendors, service providers and/ or agents, be liable to the user for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from users access to and use of our service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our service by any third party, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of use of any content posted, emailed, transmitted, or otherwise made available via the Company’s client, whether based on warranty, contract, tort, or any other legal theory, and whether or not company is advised of the possibility of such damages, and/or (vi) the disclosure of information pursuant to these terms of service or privacy policy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some jurisdictions may allow the prudence and enforceability of certain warranties, like the implied warranty of services fitness for a particular purpose etc.; however, to the extent permitted by law, company excludes all such warranties and strongly advises user to proceed with usage of the platform only if he/she agrees with the Terms and Conditions and Privacy Policy of the company as stated herein.
Although the Application may link to other websites (“External Sites”), company is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any External Site, unless otherwise specifically stated herein. By accessing company’s portal/application/website, User acknowledge and agree that company has not reviewed the External Sites and is not responsible for the content contained on any External Site. User access and use of any External Site is at Users own risk, damages and consequences. The Site may contain information or advertising for third parties. Company expressly denies any endorsement, sponsorship, approval, or agreement with any third-party communication made available via the Site. Company shall not be deemed to have considered, reviewed, screened or approved any such third-party communication.
H. NON-EXCLUSIVE AND NON-SOLICITATION APPROACH
This terms and conditions shall be on a “Non-exclusive” basis for the Company and the Service provider wherein both parties are individually free to enter upon similar agreement with any 3rd party which they wish to enter upon, subject to safeguarding the confidential information of the discloser. Nothing in this Agreement restricts any Party or its associate concerns from discussing similar arrangement and/or any related transaction with any other party.
Non-solicitation: Both parties, the Service Provider and the Company, pledge not to, directly or indirectly, solicit, employ, hire, associate, recruit etc., but not limited to the other party’s any of the employees, representatives etc., at any time in future. Additionally, both parties agree not to circumvent each other and not to solicit the other party’s clients, vendors, suppliers, prospective customers etc., but not limited to. Any breach by soliciting employees shall induce a penalty of Rs. 10 Lacs to the breaching party and any breach with reference to soliciting the business/clients/prospects, shall induce a penalty of Rs.25 Lacs upon the breaching party, payable within 15 days from such breach being highlighted by the aggrieved party. Non-solicitation clause shall stand valid for a period of 18 months from termination of this agreement.
I. TERMINATION
In addition to any other rights of the parties set forth herein, Company may in its sole discretion, restrict, suspend or terminate User access to the Content and Service, in whole or in part and without notice, even if the end client / customer continues to offer access to the services of portal Content and Service to its other members or representatives. If User terminates User access to the Application and/or Service based on a breach of any portion of these Terms, Company reserves the right to refuse to provide other services to User in the future, even if User subscribes to such services and offers the benefits of such subscription to its other members or representatives.
J. FORCE MAJUERE
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
You hereby accept the above Special and Additional Terms and Conditions and agree to be bound by the same. Any breach, violation or non-compliance shall entitle the company, the Platform and/or its representatives to take necessary action against me/us. You hereby declare that you are of major age and an individual or an entity legally capable and compatible to enter into this Agreement / contract.
You hereby confirm by clicking on “I Accept” [ ] for having read and understood the Agreement (Terms of Use, all sections – Part A & Part B, Privacy Policy, Refund Policy and Disclaimers, are construed to make total and complete agreement) and accept the same in its entirety. You agree to be bound by all the provisions and sections of this Agreement (as applicable to you). Any breach, violation or non-compliance of the same shall entitle the Company, its representative and/or the Platform to take necessary action including legal action against me/us.
You acknowledge that you have read and have understood these Terms, and that these Terms and Conditions have the same force and effect as a signed agreement by you.
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