Terms:

Film TV Adda is a website owned by Jindal Productions Pvt. Ltd. .This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of Jindal Production’s service via Film TV Adda Portal. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.

This is an agreement between Jindal productions, a company incorporated under the Companies Act 1956 with its registered office at Building E-29 Shri Balaji Bhawan, 1^st floor, shashi Garden, Delhi-110091 a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, TERMS OF USE FOR SEARCH PLUS SERVICES, INFRINGEMENT POLICY, CONTEST TERMS 'ONE TAP' PAYMENT FEATURE, SOFTWARE LICENSE AGREEMENT, HOSTING SERVICES AGREEMENT, SOFTWARE LICENSE AND HOSTING AGREEMENT, UPI TERMS, Service For ADVERTISER, Terms AND FILM TV ADDA'S PRIVACY POLICY, WHICH CAN BE FOUND AT PRIVACY POLICY AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.

Jindal Productions Service:

These Terms of Service apply to all users of the Film TV Adda Service. Information provided by our users through the Film TV Adda Service may contain links to third party websites that are not owned or controlled by Film TV Adda. Film TV Adda has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Also, Jindal Productions Pvt. Ltd. does not assume any liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of third party content on the Site. In addition, Film TV Adda will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Film TV Adda shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect Jindal Productions Pvt. Ltd.'s belief.

Errors, Corrections, and Right to Modify or Discontinue Service and Sites:

We do not represent or warrant that the Film TV Adda Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Film TV Adda Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Film TV Adda Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site. Film TV Adda reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services and/or Sites (or any part thereof) with or without notice. Film TV Adda shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any Sites.

Film TV Adda Access:

A. Subject to your compliance with these Terms of Service, Film TV Adda hereby grants you permission to use the Service, provided that:

1. your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service;
2. you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Film TV Adda's prior written authorization;
3. you will not attempt to reverse engineer, alter or modify any part of the Service;
4. you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy. The Application is currently made available to you free of charge for your personal, non-commercial use. Film TV Adda  reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these Film TV Adda Mobile App terms, at any time and for any reason.

B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Film TV Adda with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, Film TV Adda  may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Film TV Adda  to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. We do not collect addresses or email addresses, just names and mobile phone numbers to tag your friends (as defined in Privacy Policy) and view their ratings (as defined in Privacy Policy) given to businesses listed with Film TV Adda. You must notify Fim TV Adda immediately of any breach of security or unauthorized use of your mobile phone. For removal of doubts it is clarified that, Film TV Adda is not liable for any loss or damage caused by any unauthorized use of your account, however you would be liable for any losses or damage caused to Jindal Productions Pvt. Ltd. including but not limited to any claims made on Film TV Adda or others due to such unauthorized use.

C. You agree not to use or upload, post or submit any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Application or of any computer software, hardware, or telecommunications equipment. You also agree to not decipher, decompile, disassemble, use sniffers (except Ethereal, tcpdump or HTTPWatch in general) or reverse engineer any of the software comprising or in any way making up part of the Application. We have to disallow use of request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the application. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service. You agree not to create any data back up of the content that is available to you by use of the Film TV Adda Site or Film TV Adda Mobile App. or use of Film Service that is available through any other mediums.

AVAILABILITY:

1. Jindal productions will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Jindal Productions Pvt. Ltd.'s reasonable control.
2. Film TV Adda does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
3. Jindal Productions will not be responsible for any support or maintenance for the server.
4. Jindal Productions doesn’t assure business even if Your leads are used.

SYSTEM REQUIREMENTS:

1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').
2. The Software for FIlm the Film TV Adda Portal would vary as per the mobile platform.
3. The version of the Application software may be upgraded from time to time to add support for new functions and services.
4. Portal require your Aadhar Card when posting your review to reuce the count of spam negative reviews.

Intellectual Property Rights:

The Film TV Adda company names, logos, all related products and service names, design marks, slogans, trademarks, service marks, copyright, database rights (and other intellectual property rights of any nature in the Application) together with the underlying software code in the App ("Intellectual Property") is owned by and used under license by Film TV Adda or its subsidiaries or affiliate companies. All other Intellectual Properties herein are the property of their respective owners. All copies that you make of the Materials on any of the Media must bear any copyright, trademark or other proprietary notice located on the respective Media that pertains to the material being copied. You are not authorized to use Film TV Adda's Intellectual Property in any advertising, publicity or in any other commercial manner. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Film TV Adda.

For removal of doubts, it is clarified that, by accepting theses terms, you hereby waive and grant to Film TV Adda all rights including intellectual property rights and also "moral rights" in the Reviews, Ratings and Comments posted by you at Jindal Productions Pvt. Ltd. through any of mediums of Jindal Productions Pvt. Ltd. and that Jindal Productions Pvt. Ltd. is free to use all such Review, Ratings and Comments as per its (Film TV Adda's) requirements from time to time.

User Submissions & Specific Features:

A. Tag your Friends - (Refer Privacy Policy)
B. Ratings and Reviews - (Refer Privacy Policy)
C. In connection with Ratings and Tag your friends, you further agree that you will not:

1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant  Film TV Adda all of the license rights granted herein;
2. publish falsehoods or misrepresentations that could damage Film TV Adda or any third party;
3. submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
4. post advertisements or solicitations of business;
5. impersonate another person;
6. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
7. interfere with or disrupt the integrity or performance of the Service or the data contained therein; or
8. attempt to gain unauthorized access to the Service or its related systems or networks.

D. Adult content must be identified as such. Film TV Adda does not endorse any Rating and/or Review or any opinion, recommendation, or advice expressed therein, and  Film TV Adda expressly disclaims any and all liability in connection with ratings and/or submissions. Film TV Adda does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Film TV Adda will remove all content and Ratings and/or Reviews if properly notified that such content infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the Film TV Adda Mobile App user allegedly infringing the copyrighted work;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support at. Film TV Adda reserves the right to remove contents without prior notice. Film TV Adda may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a content removed from the Service more than once. Film TV Adda also reserves the right to decide whether content or a Rating and/or Review is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Film TV Adda may remove such contents and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

E. You understand that when using the Film TV Adda Service you will be exposed to Ratings and Review submissions from a variety of sources, and that Film TV Adda is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions, and that such Submissions are not the responsibility of Film TV Adda. You further understand and acknowledge that you may be exposed to Submissions that are 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 Film TV Adda with respect thereto, and agree to indemnify and hold Film TV Adda, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Film TV Adda Service.

F. Film TV Adda reserves the right to discontinue any aspect of the Film TV Adda Service at any time.

G. Right, But Not Obligation, to Monitor Submissions: Film TV Adda does not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on our Service. We do, however, reserve the right to review any or all Submissions in our sole discretion. In addition, we reserve the right to alter, edit or remove any Submissions, in whole or in part, at our sole discretion.

H. Your Use of Submissions Posted by Others. You may not use, copy, reproduce, distribute, publish, display or perform, create derivative works of, transmit, sell, or in any way exploit any of the Submissions posted by others except as expressly set forth in these Terms of Use.

I. if you are agreeing on terms and conditions it means you are allowing us to use your data for Jindal productions pvt. Ltd.

J. Its not Jindal Productions responsibility for any kind of review you get.

K. Film TV Adda May Contain Links to third Party Websites that are not Owned or controlled by Jindal Productions pvt ltd.

L. You can get 1 free business lead per day upto 15 days free of cost. If misleading, fake or unused leads are there, Jindal productions will don’t at all responsible. Vendors/ Service providers can buy leads at leads.filmtvadda.com

M. we are proviing a platform to gather buyers and sellers, its not our responsibility if someone disrespect each other or someone sue another.

N. Jindal productions does not assume any liability for any mistakes, mis statements of law, defamation submmissions, falsehood, obscenity, pornography or profanity in the statements, opinions & representation or any other form of 3^rd party content on the site.

o. Jindal production can make changes/delete/edit  to the features, functionality or content of the film TV Adda at any time, We reserve the right in our sole discretion to edit or delete any documents, Information or other content appearing on the site, and we can use it as blogs to promote our business.

P. In order to access and use the features of the service, you acknowledge & agree that you will have to provide Film tv adda with your Mobile no. & email Id , in order to provide service we may periodically access your Contact List.

Q. Jindal production does not accept any responsibility whatsoever for unavailability of the portal, or any difficulty or unavailability to download or access content or any other communication system failure which may result in portal being unavailable.

R. Jindal production reserves the right to discontinue any aspect of the Film TV Adda service any time.

S. All the user are cautioned that all and any information of whatsoever nature provided or received from the advertisers is taken in good faith, without least suspecting the bonafides of the advertisers and film TV adda does not onfirm, does not acknowledge or subscribe to the claims & representations made by advertisers.

T. Film TV Adda does not & shall not have any obligation to review submissions & therefore we do no guarantee the accuracy integrity or quality of submissions & we assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory unlawful or otherwise objectionable submissions will not appear on our service.

WARRANTY:

THE MATERIAL AND THE MEDIA USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE ) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FILM TV ADDA DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE MEDIA AND MATERIALS. FILM TV ADDA DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FILM TV ADDA DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE MEDIA. SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION. IN NO EVENT SHALL JINDAL PRODUCTIONS PVT. LTD. BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE MEDIA FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF FILM TV ADDA IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE MEDIA OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY MEDIA. FILM TV ADDA DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE MEDIA OR OTHER MATERIAL ACCESSIBLE FROM THE MEDIA. THE USER OF THE MEDIA ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS MEDIA. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

ADDITIONAL DISCLAIMER:

Users using any of Film TV Adda service across the following mediums i.e. through internet i.e. www.filmtvadda.com Website, Wapsite, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Advertiser listed with film tv adda. All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and fil tv adda does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with Film TV Adda. Further, Film TV Adda is not at all responsible for any act of Advertiser/s listed at Film TV Adda.

Limitation of Liability

IN NO EVENT SHALL FILM TV ADDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE,
3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS,
5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY,
6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JINDAL PRODUCTIONS PVT. LTD. CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR
7. 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.

YOU SPECIFICALLY ACKNOWLEDGE THAT JINDAL PRODUCTIONS PVT. LTD. SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity:

You agree to defend, indemnify and hold harmless film tv adda officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

1. your use of and access to the film tv adda Service;
2. your violation of any term of these Terms of Service;
3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
4. any claim that one of your Ratings and/or Reviews or Comments caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the film tv adda Service.

Ability to Accept Terms of Service:

Film tv adda Service. Only adults, who are at least eighteen (18) years of age, are eligible to use our service, whether for personal use or on behalf of a business. If you are an individual, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use. By using this service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and can abide by all of the terms and conditions set forth therein.

Assignment:

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by film tv adda without restriction.

Miscellaneous:

You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties' intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement between you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use.

GOVERNING LAW:

These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws' provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. Courts at Delhi will have the exclusive jurisdiction. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. Jindal Productions reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Jindal Prouctions reserves the right to seek all remedies available at law and in equity for violations of these Terms.

Privacy Policy :

In the course of registering for and availing various services we provide from time to time through our website www.filmtvadda.com ("Website", telephone search, SMS and WAP) or any other medium in which Jindal Productions may provide services (collectively referred to as "Media") you may be required to give your name, residence address, workplace address, email address, date of birth, educational qualifications and similar Personal Information ("Personal Information"). The Personal Information is used for three general purposes: to customize the content you see, to fulfill your requests for certain services, and to contact you about our services via including but not limited to email's, sms's and other means of communication. Unless otherwise stated explicitly, this Policy applies to Personal Information as disclosed on any of the Media.

We are committed to protecting the privacy and confidentiality of all Personal Information that you may share as a user of Media In furtherance thereof, we have this policy to demonstrate our good faith.

This policy does not apply to the practices of organizations that we do not own or to people that we do not employ or manage.

Personal Information will be kept confidential and will be used for our research, marketing, and strategic client analysis objectives and other internal business purposes only. We do not sell or rent Personal Information except that in case you are a customer of our search services through any of the Media, your Personal Information shall be shared with our subscribers/advertisers and you shall be deemed to have given consent to the same. Further, the subscribers / advertisers who are listed with us, may call you, based on the query or enquiry that you make with us, enquiring about any

• Product / Service or
• Product / Service of any subscriber / advertiser or
• Product / Service of any particular subscriber / advertiser.

We will share Personal Information only under one or more of the following circumstances: - If we have your consent or deemed consent to do so - If we are compelled by law (including court orders) to do so

In furtherance of the confidentiality with which we treat Personal Information we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

We give you the ability to edit your account information and preferences at any time, including whether you want us to contact you about new services. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

You acknowledge that you are disclosing Personal Information voluntarily. Prior to the completion of any registration process on our website or prior to availing of any services offered on our website if you wish not to disclose any Personal Information you may refrain from doing so; however if you don't provide information that is requested, it is possible that the registration process would be incomplete and/or you would not be able to avail of the our services.

If you are our corporate customer, it is possible that we have entered into a contract with you for non-disclosure of confidential information. This Policy shall not affect such a contract in any manner.

If you have questions or concerns about these privacy policies; please send us an email at info@filmtvadda..com

Privacy Notice:

Jindal Productions is committed to protecting the privacy and confidentiality of all Personal Information that you may share as a user of Media. In furtherance thereof, we have this policy to demonstrate our good faith.
This Privacy Policy is incorporated into and is subject to the Film TV Adda Terms of Service. Your use of the Film TV Adda Site, and the Fim TV Adda Service and any personal information you provide remains subject to the terms of this Privacy Policy and our Terms of Service.

What Does This Privacy Policy Cover ? This Privacy Policy is part of Jindal productions's Terms of Service and covers the treatment of user information, including personally identifying information, obtained by film tv adda, including information obtained when you access the Film TV Adda Site, use the Jindal Productions Service or any other software provided by Film TV adda.

The Information Jindal Production Collects:

Jindal Production may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below ("Personally Identifying Information") :

• You provide certain Personally Identifiable Information, such as your mobile phone number, and mobile device information to Film TV Adda when choosing to participate in various uses of the Film TV Adda Service, such as registering as a user, and viewing ratings of contacts in your address book. In order to provide the Film TV Adda Service, Film TV Adda will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers that have been used to avail Film TV Adda services and to provide ratings of establishments we have received from users of these mobile numbers. Film TV Adda may access your location information to provide search results based on your geo location. This allows the software to provide relevant search results. Location data gathered from a mobile phone is used only to provide search results and is not used in any other manner whatsoever.

The Way Jindal productions Uses Information:

If you submit Personally Identifiable Information to us through the Film TV Adda Site, or Jindal Productions Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Film TV Adda Site and Film TV Adda Service. In particular, your mobile phone number is essential to your use of the Jindal Productions Service and will be retained. Your name (as it is saved in other user's mobile phone address book or contact list) may be displayed to other users if they tag your mobile number and access your ratings in the App. For more information on our ratings feature, please read the note below :

Jindal Productions will use your mobile number, contacts and E-mail address list to identify friends in your network who have rated establishments and/or are users of Jindal Productions Services. Fim TV Adda collects ratings in the following ways :

• When a user calls our service and is prompted to rate an establishment
• When a user rates establishments on the website or mobile site or Applications

Where are the ratings shown ? Ratings are shown in the following ways on Film TV Adda :

• In SMS when user asks for information by calling the Jindal Productions Service
• Ratings are displayed on various places on the website, mobile site and mobile applications in pages such as the overall ratings count page, search results pages, company details pages etc. User information such as mobile phone number is masked and personally identifiable information is not displayed unless user is registered with Film TV Adda and is accessing the tag friends feature.
• Ratings are shown in the "Tag your friend" feature available across Jindal Productions services platforms where user can access friends' ratings of establishments.

Benefits:

Your contacts list will allow Jindal Productions to provide you with ratings given by your friends and help make the experience on Film TV Adda even better. Your friends' ratings will allow you to make a better decision about choosing a service/establishment on Film TV Adda.
You can build your friends network and choose your friends on Film TV Adda and access your friends' ratings across the range of our platforms including mobile site, website and our applications.

How Jindal Productions pvt. Ltd.uses your information:

Jindal Productions "tags" the contacts in your address book as your friends, but at anytime, you can review
Only users of Film TV Adda will be displayed in your tagged friends list. If a contact in your address book has rated an establishment/s on Film TV Adda, the ratings associated with the contact will be displayed as part of your friends' ratings. If a contact in your address book has used Jindal Production's service across any platform and has not rated an establishment, although their name is displayed in your friends list, no ratings will be shown associated with the said contact.
If any of your tagged friends registers with our Service across Film TV Adda's platforms, ratings of such a friend will be visible to you only if.

• Your mobile number is present in his contacts list
• You have not been untagged by your friend

Jindal Productions Pvt. Ltd. will also provide users with a privacy settings option that will allow the user to choose appropriate privacy levels. By default, the user's contact list will be used to identify friends in the network. A user may choose to allow anyone to tag him/her as a friend and may also choose to allow nobody to tag him/her as a friend.
We do not use your mobile phone number or other Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may use cookies and log file information to :

1. remember information so that you will not have to re-enter it during your visit or the next time you use Jindal Productions Pvt. Ltd.;
2. provide custom, personalized content and information;
3. monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and
4. track your entries, submissions, views and such.

When Jindal Productions Pvt. Ltd. Discloses Information:

Other users of the Jindal Productions Pvt. Ltd. Service may see your ratings submissions in a way that is consistent with the use of the Jindal Productions Pvt. Ltd. Service. For example, a rating of "ABC Restaurant" on Jindal Productions Pvt. Ltd. will be available to every user of the Jindal Productions Pvt. Ltd. Service who has that mobile phone number in their mobile phone's address book or contact list and has tagged the mobile phone number as a friend in the Jindal Productions Pvt. Ltd. App friends ratings feature. For more information on this feature, please refer paragraphs above.
We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Jindal Productions Pvt. Ltd. Service.

Your Choices:

You may, of course, decline to submit Personally Identifiable Information through the Jindal Productions Pvt. Ltd. Service, in which case Jindal Productions Pvt. Ltd. may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please delete your account and uninstall the Jindal Productions Pvt. Ltd. mobile application; your continued usage of the Jindal Productions Pvt. Ltd. Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. To protect your privacy and security, we take reasonable steps (such as SMS authentication in certain cases) to verify your identity before registering your mobile phone number and granting you access to the Jindal Productions Pvt. Ltd. Service. Please contact Jindal Productions Pvt. Ltd. via email to privacy at Jindal Productions Pvt. Ltd..com or available web forms with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.

Third-party Advertisers, Links to Other Sites:

Film TV Adda is currently ad-free and we hope to keep it that way forever. We have no intention to introduce advertisement into the product, but if we ever do, we will update this section.

Our Commitment to Data Security:

Jindal Productions Pvt. Ltd. uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Jindal Productions Pvt. Ltd. and you do so at your own risk.

Consent To Push Notification:

You agree and confirm that any review, rating and comments, including any other content or data therein, that you submit/post on Film TV Adda platforms viz. WEB, WAP, APP & Phone etc. such details as per Jindal Production's discretion will be shared with your Tagged Friends who are the users of Film TV Adda's services.

Terms & Conditions for Contest:

1. Sponsor : This contest (the "Contest") is sponsored by Jindal Productions Pvt. Ltd. Limited, ("Sponsor"), which owns, run's and operates the Website: www.Jindal Productions Pvt. Ltd..com and that has its principal place of business at Palm Court Bldg M, 501/B, 5th Floor, New Link Road, Besides Goregaon Sports Complex, Malad (w), Mumbai - 400064.

2. Contest Period : The Contest will be live from 23rd May 2019 till Jindal Productions Pvt. Ltd.'s Discretion.

3. Criteria of Eligibility for the Contest :

1. Please note this Contest is open only to individuals who are (i) legal residents of India, (ii) Eighteen (18) years of age or older on the date of entry, as shown on the PAN CARD, Voters Identity Card, a valid driver's license or other means of identification issued by the Central or State government agency or by a school or other educational institution, and containing the entrant's address and picture (iii) In the event that a User is below the age of eighteen (18) years and participates and wins this Contest, he/she shall be disqualified and shall not be entitled to the Prize.
2. The following individuals are not eligible to participate in the Contest: (i) present employees of the Sponsor or Sponsor's affiliates or subsidiaries (collectively, "Sponsor Entities"), (ii) past and present employees and previously published authors of any of Sponsor Entities' parent, subsidiary or affiliate companies.

4. Rules for Participation to the Contest :

1. No Purchase or Payment of any kind is necessary to enter or win this Contest.
2. The moment any user who downloads the Jindal Productions Pvt. Ltd. Moblile Application on their phone, and provide their Mobile Number and Name, they automatically participate in the contest. Once your Mobile Phone Number and Name is registered with us, you will be eligible for the lucky draw, subject to the terms and conditions. Jindal Productions Pvt. Ltd. may, at its sole discretion, withdraw the Contest at any time without any prior notice. The user ought to have a Smartphone to download the Jindal Productions Pvt. Ltd. Mobile Application . The Jindal Productions Pvt. Ltd. Mobile Application will be availabile / download from App Store.
3. The User has to ensure to provide his/her own valid mobile number, in order to qualify as a valid entrant in the contest. Please note only one entry by each User's own, one valid mobile number will only be allowed. Multiple entries by the same User would not be allowed. In the event of multiple entries by the same User, on such discovery, the User may be disqualified from the contest.
4. The user hereby gives to Jindal Productions Pvt. Ltd. right to establish communication as and when deemed fit by Jindal Productions Pvt. Ltd., once the user downloads the Jindal Productions Pvt. Ltd. Mobile Application.

5. Description of the Prizes and other important riders :

1. The Contest winner shall receive Prizes. The Winner will be selected by a random automated computer process.
2. The Winning Prize is not transferable and cannot be redeemed for cash. No request shall be entertained in this behalf.
3. All expenses to visit the venue and collect the Prize are to be borne by the Winner. The Winner himself / herself has to come personally to collect the Prize along with required identification documents.
4. Though the Sponsor would give away Smartphone (any model) as a Prize to each Winner, however the sponsor at its discretion, reserves the right to substitute the Prize mentioned herein with another prize and the prize winner will be notified accordingly. The Sponsor accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Further, if there are any tax implications on the Prize then the same will have to be borne by the Prize Winner. The Sponsor shall not be responsible for the quality, warranty or deficiency of the Winning Prize that is finally given to the Prize Winner. The Sponsor shall not be liable for any loss, damage, theft, or any other mishap caused to the Prize(s) after handing over the same to the winner/ his/ her assign(s).
5. Apart from the other terms and conditions mentioned herein, the prize may be given to the winner at any offices of the Sponsor, in any of its branches or at any other Venue that would be communicated to the winner, at the sole discretion of the Sponsor. The Sponsor will communicate the Winner the date, venue and time to collect the Prize.
6. The Prize Winner has to compulsorily submit their proof of identity and/or proof of age and all other identification proof and documents as asked for by the Sponsor in order to claim the Prize. In case of any further identification considered suitable for verification, the same may be requested at the discretion of the Sponsor.
7. The Sponsor reserves the right to withdraw the Prize to be given, in the event of a contestant being unable to satisfy these contest terms & conditions or forfeiting or not claiming the prize. Further, any prize that remains unclaimed within 90 days of declaration of the Prize Winner, then the Sponsor will declare the prize of the winner to be forfeited and the winner will have no right to claim the prize thereafter.Winners will be notified by an SMS on the Mobile number given for participation.
8. The Sponsor will not be responsible for any error, failure, problem or technical malfunction in the process of uploading the details that is to be done by the contestant / User. It is the responsibility of the User that all the details required to be submitted by the contestant are correctly submitted. The Sponsor is not responsible for any connectivity issues while the User is feeding and uploading in details and participating for the Contest.
1. The decision of the Sponsor shall be final and binding and is non-contestable. No correspondence will be entertained on the same.
10. By participating in the contest, the User expressly agrees that the Sponsor will have the right to reproduce all the entries in any and all formats, media and/or mediums in any reasonable manner including but not limited to television, internet, mobile, print etc. The User / Contestants and / or Winners may be required by Sponsor to participate in a photo, video and/or any advertisement or film session and they hereby acknowledge that the Sponsor may make use of their name, voices, image and photograph/s for publicity & promotional purposes without compensation (to the contestants and / or winners), and they also agree that the Sponsor own copyright in any such images and photograph/s, content and videos and in all material incorporating the photograph/s, content and videos. The Sponsor or any person or entity permitted by the Sponsor in this regards shall be entitled to use the entries received or any information now existing or hereinafter created in connection with the entry in any media for future promotional, marketing, publicity and any other purpose, without any permission and/or payment to the User /Contestant/ Winner. Further, all entries, including without limitation, all Proposals submitted as part of entries, become the property of Sponsor and will not be acknowledged or returned.
11. Affidavit of Eligibility and Liability Release: The potential winner will be required to execute and return to Sponsor an affidavit of eligibility and liability release, including, where legal, a publicity release, which must be received by the Sponsor within ten (10) days of the date of the Notification or the prize will be forfeited and an alternate entrant will be identified as a potential winner and so notified in the same manner as described above.
50. Apple is not involved in any way with the contest.

6. IPR of the Sponsor : It is further clarified that, all rights, title and interest, including but not limited to the Intellectual Property Rights, in the promotional material(s) and in any and all entries received shall vest solely and exclusively with the Sponsor at all times.

7. Exclusion of Liability : The Sponsor (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the contest, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Sponsor's control); (b) unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Sponsor) due to any reason beyond the reasonable control of the Sponsor ; (d) any variation in prize to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize. It is further clarified that, Sponsor shall not be responsible for any administrative errors or any other errors involved in the execution of the Contest. Further, the Sponsor is not liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or a consequential loss), or for personal injury suffered or sustained as a result of taking any prize.

8. Other Exclusions : The Sponsor is not responsible for any incorrect or inaccurate information or for any of the equipment or programming associated with or utilised in this contest , or for any technical error, or any combination thereof that may occur in the course of the administration of this contest including any omission, interruption, deletion, defect, delay in operation or transmission, communications line (including but not limited to e-mail communication) or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.

9. Governing Laws and Jurisdiction : The Contest shall be governed by and construed in accordance with the laws of India. Any disputes, differences and any other matters in relation to and arising out of the Contest and, or, pertaining to the Terms and Conditions shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall consist of a sole arbitrator to be appointed by the Sponsor and the venue of the arbitration shall be Mumbai. All disputes shall be subject to the exclusive jurisdiction of the courts at Mumbai only.

10. Modification to these Terms and Conditions : The Sponsor reserves the right to change/modify terms and conditions and/or criteria of the Contest at any time at its own discretion and without any prior notice and without assigning any reason. The Sponsor will not be liable for any losses (if any) to any contestant arising from any variation or cancellation.

11. The Decision of the Sponsor would be Final and Binding : In case of any dispute or difference in respect of this Contest, the decision of the Sponsor shall be final and binding on all concerned.

12. Cricket O'Mania is a Daily Fantasy Sports Contest

13. The contest is valid for Indian Residents excluding the states of Telangana, Orissa, Assam, Sikkim and Nagaland.

YOUR ACCEPTANCE OF THIS AGREEMENT:

This is an agreement between you ("you", " your" "caller" or "user") and Jindal Productions Pvt. Ltd. Limited. ("Jindal Productions Pvt. Ltd." "we," or "our") that governs your use of the search, booking services or any other services offered by Jindal Productions Pvt. Ltd. through its website www.Jindal Productions Pvt. Ltd..com ("Website"), telephone search, SMS, WAP or any other medium (collectively "Platforms" ). When you access, use or book any orders using any of the Platforms you agree to be bound by these Terms and Conditions ("Terms").

1. Interpretation
"Agreement" is for the purposes of for placing an order of goods through its advertiser registered/listed with Jindal Productions Pvt. Ltd. as described in this agreement. All the orders/enquiries placed by you through its website www.Jindal Productions Pvt. Ltd..com ("Website"), telephone search, SMS, WAP or any other medium, will forwarded by Jindal Productions Pvt. Ltd. to the advertisers listed with us, for further processing of your orders.

"Goods" means Goods 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 Jindal Productions Pvt. Ltd. which will in turn will be forwarded to respective Advertiser listed with Jindal Productions Pvt. Ltd..

"Product List" means the list of Goods displayed on the Jindal Productions Pvt. Ltd..com web site as amended from time to time.

2. Applicability
The terms of use will be applicable between You and Jindal Productions Pvt. Ltd. once you have placed the order for goods as described in this agreement.

3. Placement of Order
You have the option of placing the order by calling to Jindal Productions Pvt. Ltd. Caller Centre Number and/or by using the booking facility provided on the web, wap or by any other means as introduced by Jindal Productions Pvt. Ltd. from time to time.

Jindal Productions Pvt. Ltd. does not sell or claim to sell any liquor or any other product online by itself.

Jindal Productions Pvt. Ltd. collects customer orders and forwards them to the advertiser which may or may not choose to complete the order.

Jindal Productions Pvt. Ltd. is also not responsible for the Quality of any food products/alcohol ordered from the website.

To order goods from Jindal Productions Pvt. Ltd. Platforms you must be of legal age as specified by the appropriate authority and/or as defined in this agreement. Kindly note that persons under 25 years of age residing in Delhi and Mumbai (or any other age limit/or any other restrictions specified by the appropriate authorities) are not permitted to place orders for alcohol, its related goods and any other specified goods by the appropriate authority. Jindal Productions Pvt. Ltd. hereby confirms that it does not own any liquor store and is not responsible for selling and delivering liquor or any other goods.

Delivery of any liquor and its related items will be in accordance with the licensing laws and any other applicable laws to which advertiser is subjected to as per the law of the land

4. 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 Jindal Productions Pvt. Ltd. executive and in case you are placing an online order through Jindal Productions Pvt. Ltd. website then it is deemed to be completed once the details are filled online in the order form.

5. Delivery
You hereby confirm all products are subject to availability and You acknowledge the fact that Booking of Orders are taken/booked by Jindal Productions Pvt. Ltd. but the goods/products are delivered by advertiser listed with Jindal Productions Pvt. Ltd..
No Medicine would be delivered by the vendor/ chemist without the valid medical prescription issued by the medical practitioner.

6. Miscalculation of Charges/Fees
If the calculation of the fee/charges is insufficient to cover the actual cost of goods which is paid by the advertiser to its wholesaler/supplier, then Advertiser is not obligated to fulfill your order. Where Advertiser chooses not to absorb the additional fee, Advertiser 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.

7. Returns or Refunds
If at any time You are not satisfied with the quality of the Goods You have purchased, You may call Customer Care no. of Jindal Productions Pvt. Ltd. wherein your complaint will be noted and will forwarded to the respective advertiser/supplier for its resolution or you can directly complaint to Advertiser and may claim for a credit, replacement or refund of the purchased damaged or incorrect product. Further, You hereby confirm and agree that the You will not claim or allege anything against Jindal Productions Pvt. Ltd. in respect of the goods which are provided it to you by the Advertiser.

8. Pricing
Jindal Productions Pvt. Ltd. reserves the right to alter prices of goods at any time as requested by the respected advertiser of goods. All prices quoted are in Indian National Rupee (INR). All orders are subject to availability and confirmation by the advertiser of the goods and services.

If any product ordered is unavailable or incorrectly priced then advertiser will advise you the correct price of the product before delivery or recommend a suitable substitute.

9. Cancellation and Modification
Cancellation or modification of any bookings made through Jindal Productions Pvt. Ltd. shall be strictly in accordance with the Advertisers modification and cancellation policy, including with respect to refund. You may directly contact the respective advertiser and/or Jindal Productions Pvt. Ltd. IVR for processing any requests pertaining to cancellation or modification. The cancellation and modification request made by you to Jindal Productions Pvt. Ltd. IVR will be forwarded to respective advertiser for its resolution.

10. Content disclaimer:
We have no control over and are not responsible for the content of any third-party websites linked to or framed within the Website, or any third-party advertisements and We expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Website should not be construed as an endorsement, approval or recommendation by us of the linked website or its content. We are not responsible for the content or privacy practices associated with linked websites. When viewing a third party website, you should read the terms, conditions and privacy statements detailed on that website. Your use of or reliance upon such third-party websites is at your own risk.

We derive our information from sources which we believe to be accurate and up to date at the time of publication. All information provided on the Website is provided in good faith. We do not make any representation or warranty that the information provided is timely, reliable, accurate or complete; and will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Website, or for any incorrect information provided on the Website.

We reserve the right to change, update or terminate the Website and Content or any part of them at any time in our absolute discretion, without notice or liability to you.

All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Platforms.

Jindal Productions Pvt. Ltd. reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platforms. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.

We reserve the right to disable links to or from third-party sites to any of our Platforms, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.

All those sections in the Platforms that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and Jindal Productions Pvt. Ltd. will at no point of time be responsible for the accuracy or correctness of such information. Jindal Productions Pvt. Ltd. reserves the absolute right to accept/reject information from readers and/or advertisements from advertisers and impose/relax Platforms access rules and regulations for any user(s).

Jindal Productions Pvt. Ltd. also reserves the right to impose/change the access regulations of the Platforms , whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Platforms.

While every attempt has been made to ascertain the authenticity of the content in the Platforms, Jindal Productions Pvt. Ltd. is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses etc.

11. Warranty Disclaimer:
Please remember that any provider of goods or services is entitled to register with Jindal Productions Pvt. Ltd.. Jindal Productions Pvt. Ltd. does not examine whether the advertisers are good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to booking / availing services. Jindal Productions Pvt. Ltd. has also not negotiated or discussed any terms of engagement with any of the advertisers. The same should be done by you. Booking, Purchasing and availing goods and services from advertisers shall be at your own risk.

We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms.

References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Platforms.

THE MATERIAL AND THE PLATFORMS USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE ) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. JINDAL PRODUCTIONS PVT. LTD. DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND MATERIALS. JINDAL PRODUCTIONS PVT. LTD. DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

JINDAL PRODUCTIONS PVT. LTD. DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PLATFORMS SOME COUNTRIES OR OTHER JURISDICTIONS DO NO

12. DISCLAIMER for "Jindal Productions Pvt. Ltd./JD Verified stamp,JD Trusted Stamp", "Jindal Productions Pvt. Ltd. GUARANTEE" and "Jindal Productions Pvt. Ltd.'s Right"

"Jindal Productions Pvt. Ltd./JD verified" means, the information related to name, address, contact details of the business establishments have been verified as existing at the time of registering any advertiser with Jindal Productions Pvt. Ltd.. This verification is solely based on the documents as supplied by an advertiser/s or as per the details contained in Customer E-Registration Form.
"JD Trusted Stamp" indicates that the identity & information of the vendors/services, viz., name, address, contact details, business name has been verified on best effort basis, as existing, based on the documents/information furnished by the vendors/service providers. "Trusted Stamp" are also allocated to the vendor’s/service providers considering user’s reviews/ratings or any other criteria solely.

Jindal Productions Pvt. Ltd. strongly recommends to its users/callers to verify all relevant details of vendors/services prior to availing any products/services from them. Jindal Productions Pvt. Ltd. does not implicitly or explicitly endorse any product/s or services provided by the vendors/service providers.

The "Jindal Productions Pvt. Ltd. Guarantee" and "Jindal Productions Pvt. Ltd.'s Right" is a limited assurance offered by Jindal Productions Pvt. Ltd. that the name and contact information of the advertiser and the category in which the advertiser is listed by Jindal Productions Pvt. Ltd., have been verified as existing and correct at the time of the advertiser's application to register with Jindal Productions Pvt. Ltd.. Jindal Productions Pvt. Ltd. makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the advertiser, or the quality, quantity, merchantability or fitness for use of the goods or services offered by the advertiser.

13.ADDITIONAL DISCLAIMER:
Users using any of Jindal Productions Pvt. Ltd. service across the following mediums i.e. through internet i.e www.Jindal Productions Pvt. Ltd..com Website, Wap, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon, make any kind of booking or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Advertiser listed with Jindal Productions Pvt. Ltd..

All the Users are cautioned that all and any information/products/goods or services of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and Jindal Productions Pvt. Ltd. does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with Jindal Productions Pvt. Ltd.. Further, Jindal Productions Pvt. Ltd. is not at all responsible for any act of Advertiser/s listed at Jindal Productions Pvt. Ltd..

14.Unlawful Activity
We reserve the right (at our discretion) to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information etc..

15.Risk and Title
Risk in the goods passes to you upon delivery of the goods to the delivery address by the Jindal Productions Pvt. Ltd. advertiser.

16.Indemnity
You agree to indemnify Jindal Productions Pvt. Ltd. and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including any and all attorneys' fees) that may arise from your submissions, and from your unauthorized use of goods obtained through Jindal Productions Pvt. Ltd. (via its advertiser), from your breach of this Policy, or from any such acts arising through your use of Jindal Productions Pvt. Ltd..com. These obligations will survive any termination of the Terms.

17.Limitation of liability:
You acknowledge that Jindal Productions Pvt. Ltd. is provided "as is site" and that Jindal Productions Pvt. Ltd. is not making and has not made any warranty or representation as to suitability, merchantability, quality of the goods which will be supplied or delivered by its listed advertiser for any particular purpose. You agree that in using Jindal Productions Pvt. Ltd., You are not relying on any statement or representation made by Jindal Productions Pvt. Ltd. which is not expressly contained in this Agreement.

IN NO EVENT SHALL JINDAL PRODUCTIONS PVT. LTD. BE LIABLE TO YOU ON ACCOUNT OF YOUR BOOKING, USE, MISUSE OR RELIANCE ON THE PLATFORMS FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF JINDAL PRODUCTIONS PVT. LTD. ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PLATFORMS, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PLATFORMS. JINDAL PRODUCTIONS PVT. LTD. DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE PLATFORMS.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PLATFORMS AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

18.Changes:
We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes. If any such change or modification is unacceptable to you, do not use the Website. If following any such change or modification you continue to use the Website or Content, you will be deemed to have accepted those changes or modifications.

19.Privacy Policy:
Jindal Productions Pvt. Ltd. is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the Website. To read our privacy policy statement regarding such personal information please refer PRIVACY POLICY

You hereby confirm and acknowledge that the contact details and other details provided by you to Jindal Productions Pvt. Ltd. will be used and forwarded by Jindal Productions Pvt. Ltd. to the respective advertiser for which call or enquiry has been made by you.

20.General Instructions
Jindal Productions Pvt. Ltd.'s listed advertiser/ actual business owners who has processed and delivered your order as per your request is solely responsible for quality, delivery and billing of the products. Jindal Productions Pvt. Ltd. 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 goods supplied/delivered by the Advertiser.

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, which is beyond our control. 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.

21.Force Majeure
Jindal Productions Pvt. Ltd. and its advertiser will be not be liable for breach of this terms of use to the extent caused by or arising from prohibition or restriction by law or regulation or any government, fire, flood, storms, weather, strike, lock-out or other labour problems, accident, riots, acts of God or any other events which is beyond its control.

22.Arbitration:
In the event a dispute arises between the you and Jindal Productions Pvt. Ltd. as per the terms of use, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 90 days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Mumbai. The arbitration shall be conducted by a sole arbitrator appointed by Jindal Productions Pvt. Ltd.. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.

23. Governing Law and Jurisdiction:
This terms of use shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.

24. Provisions are severable.
Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.

Please exit, if you don't agree to the terms contained in this Policy,

Film TV Adda portal contains the trademark, logos, trade name, service marks and other marks (collectively "Marks") which are the intellectual property of Jindal Production or their vendors or respective third parties. You understand that Film TV Adda uses the Marks of vendors and respective third parties procured from the owner and/or distribution channel. In doing so, Film TV Adda has no intention, whatsoever, to acquire rights of use or license to these Marks.

This Infringement policy helps in creating a safer marketplace by prohibiting the use of Jindal Productions Pvt. Ltd. portal for infringing the intellectual property rights of third parties or of the rightful owner. Jindal Productions Pvt. Ltd. policy requires sellers and buyers or users to comply with all governmental laws and regulations including but not limited to the Infringement policy as amended from time to time.

If you see something on the Jindal Productions Pvt. Ltd. portal, which you believe is violating the intellectual property rights, please send an infringement initimation to Jindal Productions Pvt. Ltd.

Jindal Productions Pvt. Ltd. will be unable to process requests which do not specify exact product IDs or URLs and the details which are specified below. Please do not provide links to browse pages or links of search queries as these pages are dynamic and their contents change with time.

How to report a listing

• If you have a good faith belief that your IP right has been infringed by any of our sellers or anyone else on Jindal Productions Pvt. Ltd.'s portal , you may follow the below process and /or seek Legal advice.
• We require that the Intellectual Property right owner or authorized representative provide the following details and email to the aforementioned email id.

The email should contain the below information.

1. Identification or description of the Intellectual Property Rights that has been infringed.
2. Unambiguous identification or description of where the material that you claim is infringing is located on Jindal Productions Pvt. Ltd. portal with adequate particulars. Product ID / website links of infringing products.
3. Your address, telephone number, and email address.
4. A statement by you, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
5. Brand/Trade Name (in case of Trademark infringement)
6. Details of the intellectual property being infringed (Provide copyrighted images or trademark certificates as attachments)
7. Details/documents of legal proceedings initiated against the entities (infringing the Intellectual Property rights of the owner)

Grievance Redressal policy.:

Jindal Productions Pvt. Ltd. shall take all necessary steps and/or remove the infringed product/details from its portal within 15 (Fifteen) working days subject to verification of the details as given above and the nature of complaint.

By availing the complete 'One Tap' feature, you will be able to process your payment requests made using your debit or credit card stored with us by simply selecting the 'ONE TAP PAYMENT' checkout saved card and clicking the "Make Payment" button.

The One Tap feature may be divided in two parts:

ONE TAP PAYMENT : When you enter your debit card/debit card details for the first time while making a payment, we will provide you an option to save such card details for one tap checkout. If you select the ‘one tap checkout’ option (currently name as One Tap Checkout), you understand and agree that we will save your card details in a manner compliant with our PCI DSS certification. The next time you make a payment using the Services, you will not be required to enter your saved card details.

You can simply click on the saved card, while making a payment request and your payment instructions will be sent to the Payment System Providers for authentication, authorization and processing, the second part ‘auto-read OTP’ option is currently only available on our android mobile application.

Auto-Read of One Time Password ("OTP") : OTP is a one-time password, which is provided by your issuing bank in order to carry out the second factor authentication of your debit/credit card. If you register for our 'One Tap' feature, you understand that we will be able to retrieve your OTP from the message received on your mobile and populate and submit the OTP on the issuer's page for second factor authentication of your debit/credit card. In order to avail the entire 'One Tap' feature, you may go to the payment page and save the card for One Tap Checkout.

You understand that you have agreed to select the 'One Tap' feature in whole or in part at your own risk and for your convenience. You agree that we are only acting as your technology intermediary and eliminating the need for you to manually enter your card details or OTP. All information and instructions received from your Card will be deemed to have been authorized by you and we shall not be liable for any unauthorized use of your Cards or any unauthorized transactions made using the whole or any part of the 'One Tap feature'. It is to be clarified that the 'One Tap' feature doesn't avoid the two-factor authentication system, it only provides a technology platform which eliminates the need of manual typing of card details and OTP by you. We emphasize that we are not involved in the authentication, authorization and processing of you payment request and only facilitate you in sending such payment instruction to the Payment System Provider.

In the event that your device (mobile, tablet, laptop, etc.) is stolen/lost or your suspect any unauthorized use of your debit/credit Card, please ensure you go to the payment page of Film TV Adda and de-activate the 'One Tap' feature immediately. You should also inform us of the same after de-activation at care@payumoney.com In the event that you have de-activated the 'One Tap' feature and informed PayU of the same and thereafter an unauthorized transaction is made, PayU will take responsibility for the same provided that you provide us with adequate information that the transaction was not made by you or any person that you know. PayU shall determine that legitimacy of the claim at our sole discretion.

1) THIS SOFTWARE LICENSE AGREEMENT (the “Agreement”) is entered into between Jindal Productions Pvt. Ltd. Limited, having its registered Office at 501 / B, Palm Court Complex, New Link Road, Malad (W), Mumbai 400 064 (hereinafter referred to as “Jindal Productions Pvt. Ltd.”, “Licensor”, “We”, “Our”), and Clients (hereinafter referred to as “Client”, “Licensee”, & “You”). Jindal Productions Pvt. Ltd. hereby grants the license to right to use its JD OMNI Software Program (hereinafter referred to as “Software” & “License Program”) to the “Client”, and the client acknowledges and agrees to comply with all of these Terms and consent to the transmission of certain information during Activation and for internet-based features of the software. If you do not Accept and comply with these terms, you may not use the software or Features.

2) USAGE POLICY: You will use the JD OMNI Software in a manner consistent with all local, states and Union regulations and laws. We reserve the right to suspend or cancel your access to any or all services provided by us when you are not in compliance to the terms of this agreement and/or we decide that your account has been inappropriately used.

3) DESCRIPTION OF SOFTWARE: This agreement applies to the most recent release of JD OMNI software program. JD OMNI Software (hereinafter referred as Software) is a one stop solution for retailers to manage their in-store and online business. It is a cloud based platform/solution to manage products inventory, purchases, suppliers, sales and customers. You will be able to use this software for the purposes of setting up your store virtually and starting your online business. This Software has the features through which you yourself can set up your store virtually, add & delete the products, access to Dashboard, manage inventory & purchases of your store, print your own barcode. This software is available on website as well as on mobile app. In this software you have the option of choosing the features which you want to use and pay only for those features as agreed between parties. This software will be accessible on website as well as on compatible mobile devices. The software accessible on compatible mobile devices will be available with limited features for its proper, easy and smooth functioning.

4) TERMS OF USE: This agreement only gives you rights to use the software as per the features obtained and fee paid by you. You may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. Clients are hereby granted, non-exclusive, right and license to use the software program or the rights as granted under this agreement. You may only use the software on a single computer at one time and may do so only via a user interface connected directly to said single computer and not in any manner over a network, regardless of whether said network is a wide area network (WAN) or a local area network (LAN). You may NOT distribute copies of or documentation of the software to others. THE ACTUAL SOFTWARE PROGRAM COMPONENTS REMAIN THE PROPERTY OF JINDAL PRODUCTIONS PVT. LTD.. You may not sell, lease, rent, or otherwise distribute and/or sub-license the Software, including the manuals and documentation of same, to another person at any price. It is illegal to make copies of the Software Program, or Components. The Software Program and Components are protected by the copyright laws pertaining to computer software. It is illegal to give copies of the Software Program, Components and Modules, or manuals and documentation of same to another person, or to duplicate the Software Program or Components and Modules by any other means, including electronic transmission. Software contains trade secrets and in order to protect such trade secrets you may not decompile, reverse engineer, disassemble, or otherwise reduce software program to human perceivable form. You may not modify, adapt, translate, rent, lease, or create derivative works based upon software program or any part thereof.

5) RIGHT TO USE: Upon execution of this Agreement, You are granted right to use the software in accordance with the terms of this Agreement.

6) CLIENT’S RESPONSIBILITIES: Effective use of software provided by us presumes a certain degree of knowledge and skill on the part of the Client. We will not be held responsible for your inability to use our software due to your lack of the requisite knowledge and skills.

7) USE OF SOFTWARE: i) The software is licensed, not sold. Under this agreement, we grant you the right to install and run one copy of software only on one computer with which you acquired the software, for use by one person at a time, but only if you comply with all the terms of this agreement. You may not make the software available for simultaneous use by multiple users. Jindal Productions Pvt. Ltd. grants you the license to right to use the software only upon the receipt of license fees as determined by Jindal Productions Pvt. Ltd. from time to time. The necessary instructions for operating the software are mentioned in the user manual available in the software after successful login. ii) The components of the software are licensed as a single unit. You may not separate or virtualize the components and install them on different computers. Jindal Productions Pvt. Ltd. does not give permission for installation of the software on a server or for use by or through other computers or devices connected to the server over an internal or external network. You may not, however, transfer or sublicense the Licensed Programs to any third party, in whole or in part, in any form, whether modified or unmodified. iii) J u s t D i a l m a y u s e commercially reasonable efforts to provide corrections to Software error. Any other upgrades or enhancements to the Software are not made available by Jindal Productions Pvt. Ltd. as part of this agreement and may be subject to additional charges.

8) LICENSE OF SOFTWARE PROGRAM: i) Jindal Productions Pvt. Ltd. grants you the license of JD Omni software program only upon receipt of license fee as determined by Jindal Productions Pvt. Ltd., from time to time , in according to the terms of this Agreement. Jindal Productions Pvt. Ltd. grants the two types of licenses of its software program to the Clients, as described below: a) License of Software Program with all updates. b) License of Software Program without any updates. ii) Your are hereby granted the non-exclusive, right and license to use the software program, the rights as granted under this agreement subject to the payment of the license fees.

9) LICENSE FEES: i) In consideration of Jindal Productions Pvt. Ltd. providing the Software program as specified in this agreement, you shall make the payment of license fee as per the invoice issued to you from time to time. The terms of invoice shall prevail over the terms of this agreement. ii) You agree to pay the license fee as per the features chosen by you and specified in invoice copy. You may opt to pay for the license fees through (i) Cheque; (ii) Demand Draft; (iii) RTGS (Real Time Gross Settlement); (iv) ECS (Electronic Clearing Service); and (v)CCSI (Credit Card Standing Instruction). Jindal Productions Pvt. Ltd. does not encourage/prefer that payments be made in cash. Any cash payments made by you, shall be at your sole risk, without any recourse to Jindal Productions Pvt. Ltd.. iii) Jindal Productions Pvt. Ltd. shall make best efforts to install & activate the software program from the date of receipt of the license fee into its bank account (subject to delay due to technical malfunctions). However Jindal Productions Pvt. Ltd. will not be liable in any manner for any delay in activating your contract. iv) In the event, if you fail to make any installments in time and as per the payment plan chosen by You, Jindal Productions Pvt. Ltd. may, in its sole discretion, suspend the software access until necessary payments are made by you. The right of Jindal Productions Pvt. Ltd. to suspend the Service shall be without prejudice to Jindal Productions Pvt. Ltd.’s right to terminate the agreement, without any further notification v) Jindal Productions Pvt. Ltd. shall be allowed to terminate the right to use the software to a particular licensor for non-payment of license fees, for non-compliance, with any applicable rules, regulations or agreements regarding the use of the site or with applicable laws or regulations, or to exercise other remedies allowed at law or in equity. Jindal Productions Pvt. Ltd. will notify you of any such instance including the name of licensor and reason for termination. vi) If any cheques are dishonored due to insufficient of funds, Jindal Productions Pvt. Ltd. may present the cheques before the banks as many times, until the cheques are honored or till the validity of cheques. You shall not raise any objection in this regards and also shall be responsible for any/all liability, if any incurred. Further you acknowledge that any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881. You shall also be liable to pay interest @18 % per annum during that period.

10) ISSUANCE OF INVOICE: Jindal Productions Pvt. Ltd. will issue an invoice to you containing, inter-alia, the following details: (a)Clients details (b)License Fees (c)Description of the features of Software. (If required) (d)Type of access chosen by you (either website or App or both) ( If required )

11) TAXES: Jindal Productions Pvt. Ltd. is entitled to levy you for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services. You shall pay the said taxes and charges promptly without raising any objections. You also agree that in the event the said taxes and charges are not charged by Jindal Productions Pvt. Ltd. the taxes shall be paid by you directly to the authorities concerned without raising any objection. You further agree that the taxes and charges payable under this Clause is in addition to the license fee paid by You for the Services rendered by Jindal Productions Pvt. Ltd.. The Taxes would include Service Tax & VAT ( Value Added Tax) or other taxes as applicable.

12) REFUNDS POLICY: ALL license Fee paid by you to JINDAL PRODUCTIONS PVT. LTD. are final and non-refundable. Until you terminate this Agreement, as specified in this agreement, you are responsible for paying the fee, regardless of whether you use Software or not.

13) NON-PERFORMANCE AND DELAYS: Jindal Productions Pvt. Ltd. shall not be liable for any loss or damage resulting from non-performance by Jindal Productions Pvt. Ltd. or its suppliers under this Agreement or from any delay in delivery of the software due to fire, labour unrest or strikes, delays in transportation or shipping, acts of God, war, acts of a public enemy, accident, or any other cause or causes beyond the control of Jindal Productions Pvt. Ltd..

14) COMPATIBILITY: This software is available on website as well as on mobile app and in this software you have the option to host your data anywhere in the world. However your devices or computer resources should be compatible with the JD Omni software. If your devices or computer resources does not sync with the JD Omni software, and causes any error or any loss or damage resulting from non-performance software, Jindal Productions Pvt. Ltd. shall not be liable for any reason whatsoever.

15) SERVICE/SUPPORT: a) Jindal Productions Pvt. Ltd. will use commercially reasonable efforts to make available Jindal Productions Pvt. Ltd. Support Center on Monday through Friday, during Jindal Productions Pvt. Ltd.'s normal business hours, excluding Jindal Productions Pvt. Ltd.'s scheduled holidays. Jindal Productions Pvt. Ltd. will provide you all the customer and technical support via telephone hotline support or through support@jdomni.com. However our support services shall be limited to providing matter pertaining our software under this agreement not otherwise. b) We shall not provide technical support for any third party products/software of any kind, incorporated by you into the website. We will use all commercially reasonable means to resolve your issues in this Agreement. c) Jindal Productions Pvt. Ltd. will have no obligation to provide Maintenance Services for any Software that are damaged, modified (by anyone other than Jindal Productions Pvt. Ltd.), incorporated into other software, or installed in any computing environment not supported by Jindal Productions Pvt. Ltd. software program; or for any version of a software program other than the latest and immediately preceding version; or for any problems caused by your negligence, abuse, misuse, or by any causes beyond Jindal Productions Pvt. Ltd.'s reasonable control.

16) TRANSFER OF SOFTWARE PROGRAM: This agreement is non-transferable or non-assignable by the Client without the prior written consent of Jindal Productions Pvt. Ltd..

17) THIRD PARTY CONSULTANT: Jindal Productions Pvt. Ltd. will not be liable for any costs incurred as a result of Client, for any reason, employing the services of a third party consultant or other technical personnel.

18) LICENSE FEES CHANGE: Jindal Productions Pvt. Ltd. reserves the right to increase/raise the license fees of Software, at its discretion. The license fees will only become effective upon renewal of the order. For clarity, additional purchases of the software/ other features will be subject to the new pricing.

19) CLIENT’S OBLIGATION: i. You represent and warrant that i) You would be solely responsible and liable for the information uploaded, edited, modified in the Software provided by Jindal Productions Pvt. Ltd.. ii) You shall be solely responsible and liable for any dispute arising out of your usage of our services. iii) You acknowledge and confirm that you will be subject to the rules, guidelines, policies, terms, and conditions applicable to the JD Omni. Jindal Productions Pvt. Ltd. reserve the right, at its discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. iv) You undertake to provide a copy of the licenses/ registrations (in case of corporate body) including but not limited to valid Identity proofs such as ration card, adhar card, voter id card and residential proofs such as electricity bill, telephone bill etc., (in case of individual) required to use our services. v) You acknowledge that any breach of the covenants set forth here may be a cause for termination of your service by Jindal Productions Pvt. Ltd., at its sole discretion. vi) You agree that at all times, you will maintain appropriate records relating to the usage of our services and shall allow Jindal Productions Pvt. Ltd./ Government, /statutory authorities and any other appropriate entities to examine, inspect, audit and review all such records and any source document pertaining to the services. vii) You hereby undertake to upload the terms and conditions on your website which will be applicable to the user of your websites who visit you website for any purposes including but not limited to buys the product/s or avails the services whether online or otherwise. viii) You shall ensure and take all appropriate security measures to prevent unauthorized disclosure and/or access of any details such as user ids, passwords, sensitive personal information or any other information of any end-customers/ Customers, third party which are obtained by you in any manner whatsoever. ix) You shall make available any and all customer assistance channels to assist and guide the endcustomers/ Customers using your services and respond to any queries and address any issues that may arise in using Jindal Productions Pvt. Ltd. services. x) You shall cooperate with Jindal Productions Pvt. Ltd. and render assistance to it for connecting the respective JD Omni systems of the Parties. xi) You shall take all such precautions and measures to ensure that there is no breach of security. You shall work upon developing and implementing various security mechanisms at your own cost and ensure that there are proper encryption and robust security measures to prevent any hacking into the information and other data store on your computer system. xii) You acknowledge that responsibility for all content provided by you to Jindal Productions Pvt. Ltd. for the performance of the Services or otherwise included in the Website is the sole and exclusive responsibility of yours and that Jindal Productions Pvt. Ltd. will not be held responsible in any way for any copyright infringement or violation, or the violation of any other person’s rights or the violation of any laws, including but not limited to infringement or misappropriation of copyright, trademark or other property right of any person or entity, arising or relating to the Content. xiii) You before providing the services to the end user through (JD Omni), shall be liable to check VAT/any other tax rates applicable on each and every product sold or services provided by you. Jindal Productions Pvt. Ltd. shall not be liable for any error in any VAT/any other tax rates in the services provide through JD Omni. xiv) Jindal Productions Pvt. Ltd. shall not be liable to update any changes in the VAT/any other tax rates in JD Omni. You shall be liable to update the VAT/ any other tax rates from time to time as per applicable laws on the products sold or services provided by you. xv) You acknowledge and agree that we may elect at its sole discretion to monitor the Content. We shall have the right, but not the obligation, to remove the content which is deemed, in our sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law. xvi) You agree to use the Services for legal purposes only. In the event that we become aware or reasonably believe, in its sole discretion, that the Services is being used for illegal purposes, we shall immediately terminate the Agreement and the Services as per our discretion, without notice, in addition to any remedies to which it (Jindal Productions Pvt. Ltd.) may be entitled under law. xvii) Any attempt to undermine or cause harm to a server of ours is strictly prohibited. This includes, but is not limited to, attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your server, or anything that causes server malfunction. Failure to comply is subject to immediate account deactivation without refund. xviii) On the receipt of payment Jindal Productions Pvt. Ltd. grants you the right/access to install and run one copy of the JD Omni only on one computer/PC. For a single license You will use/install JD Omni only in one outlet and if you intent to utilize JD OMNI for your another/additional outlet then you will have to make additional payment for availing JD Omni on the price/charges determined by Jindal Productions Pvt. Ltd. from time to time.
You acknowledge that you are not acquiring title to or any interest in any software other than right to use the Software. Your right to use the software is conditioned upon your timely payment of the full amount of Fees due for the software program and your compliance with the terms of this agreement, including the following restrictions. When the Term expires, your rights to use the software also expire and you may no longer use the software program.
Client will not make any unauthorized, false, misleading, or illegal statements in onnection with this Agreement or regarding the Software program. Client will not make any representations or warranties concerning the Software on behalf of Jindal Productions Pvt. Ltd..

20)DISCLAIMER OF WARRANTY: i) This software is available to you “as-is whereas basis." You bear the risk of using it. Jindal Productions Pvt. Ltd. gives no express warranties, guarantees or conditions. Jindal Productions Pvt. Ltd. will make all reasonable efforts to provide uninterrupted access subject to down time and regular maintenance. However, notwithstanding anything in this Agreement, you acknowledge that Jindal Productions Pvt. Ltd. and its business partners disclaim all warranties including but not limited to express or implied, written or oral. Jindal Productions Pvt. Ltd. shall not be responsible or liable if any unauthorized person hacks into or gains access to your website. In addition Jindal Productions Pvt. Ltd. shall not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data or business; interruption or stoppage to the access to and/or use of our service; interruption or stoppage of services etc. Jindal Productions Pvt. Ltd. does not warrant that services will be provided uninterrupted or free from errors or it is free from any virus or other malicious, destructive or corrupting code, program or macro. No advice or information, whether oral or written, obtained by you from Jindal Productions Pvt. Ltd. or through or from Jindal Productions Pvt. Ltd. shall create any warranty. Jindal Productions Pvt. Ltd. shall have no liability in this respect. ii) Jindal Productions Pvt. Ltd.’s sole obligation and the your sole and exclusive remedy in the event of interruption services, or loss of use and/or access to service, shall be to use all reasonable endeavors to restore the Services as soon as reasonably possible.

21) LIMITED WARRANTY: i) EXCEPT FOR THE ABOVE WARRANTY, THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES ARE PROVIDED "AS IS WHEREAS BASIS". THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES IS ASSUMED BY CLIENT. NEITHER JINDAL PRODUCTIONS PVT. LTD., NOR AGENTS OF JINDAL PRODUCTIONS PVT. LTD., NOR THE CREATORS OF THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES, WARRANT OR GUARANTEE THE RESULT TO BE OBTAINED WITH THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES IN TERMS OF CORRECTNESS, RELIABILITY OR LEGALITY. THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF THE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ii) THE LIABILITY OF JINDAL PRODUCTIONS PVT. LTD. OR ANY AGENT OF JINDAL PRODUCTIONS PVT. LTD. OR ANY CREATOR OF THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES UNDER THE LIMITED WARRANTY SET FORTH ABOVE SHALL BE LIMITED TO AND NOT EXCEED THE AMOUNT PAID BY CLIENT FOR THE PROGRAM SOFTWARE MEDIA AND RELATED SOFTWARE AND MATERIALS. IN NO EVENT SHALL JINDAL PRODUCTIONS PVT. LTD., OR ANY AGENT OF JINDAL PRODUCTIONS PVT. LTD., OR ANY CREATOR OF THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES, BE LIABLE FOR ANY LOSS OF PROFITS OR ANY OTHER DAMAGES INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CLIENT.

22) INDEMNITY: You shall defend, indemnify, and hold harmless Jindal Productions Pvt. Ltd., its officers, employees, agents, Representatives from and against any claims, liability(ies), demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses incurred or suffered by Jindal Productions Pvt. Ltd. (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or in relation to or in connection with: i) breach of any provision of this Agreement or non-performance of any of its obligations under this Agreement by you; or ii) anything done or omitted to be done by you due to gross negligence, willful default or willful misconduct you or any of your officers, directors, employees or agents. iii) or resulting from Your business operations or use of Software provided by Jindal Productions Pvt. Ltd..

23) TERMINATION: i) The license granted hereunder shall continue subject to payment of license fees as prescribed by Jindal Productions Pvt. Ltd., time to time or unless and until terminated pursuant to Clause (ii) hereof and subject to Licensee's proper performance of its obligations hereunder. ii) Jindal Productions Pvt. Ltd. has the right to terminate this Agreement upon any material breach of terms and conditions by you. In the event of termination by client for any reason, Jindal Productions Pvt. Ltd. will not refund the amount paid by you. On termination you shall forthwith return or destroy all data, information and software program and its updated versions, and provide written intimation of the same to Jindal Productions Pvt. Ltd.. iii) You agree that any breach of one or more provisions of this Agreement that threatens to, or causes Jindal Productions Pvt. Ltd. substantial harm is a material breach. Furthermore, any breach of the confidentiality, or non-competition provisions by you, or failure to make payments, shall be considered material breaches. Furthermore, any conduct or negligence that adversely affects the business or good will and brand name of Jindal Productions Pvt. Ltd. will be considered a material breach, Jindal Productions Pvt. Ltd. under such circumstances shall terminate the agreement without any further notice. iv) Upon termination of this agreement, Jindal Productions Pvt. Ltd. shall retain all proprietary technology and services provided to you, and shall render inoperable all Subscriber websites and software after allowing for a commercially reasonable and orderly transition by you. Each Party shall return or destroy all originals and copies of any Confidential Information of the other Party regarding this agreement.

24) PROHIBITED ACTIVITIES: i) The following content and activities may not be displayed or promoted by you and any person on your behalf nor Associated in any way with the Client's account or Jindal Productions Pvt. Ltd.'s services. Jindal Productions Pvt. Ltd. shall be the sole arbiter as to what constitutes violation of this provision. ii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that belongs to another person and to which the user does not have any right to; iii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; iv) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that infringes any patent, trademark, copyright or other proprietary rights; or that violates any law for the time being in force; v) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; vi) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. vii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information/contents on the website that promotes any illegal or prohibited activity. viii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that may be damaging to Jindal Productions Pvt. Ltd.'s servers or to any other server on the Internet. ix) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that promotes or sale of unsolicited or bulk email (SPAM) software or services or unsolicited or bulk e-mail or group posts (SPAM) which references and/or is traceable to Jindal Productions Pvt. Ltd. and/or any Client in any way. x) Your sending any promotional emails/sms to your consumers and Jindal Productions Pvt. Ltd. assumes no responsibility, liability including but not limited to the issues arising in connection with your customers being registered in DO NOT CALL/ DND registry with the Telecom Regulatory Authority of India. xi) You and any person on your behalf 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. xii) You and any person on your behalf shall not, knowingly or intentionally conceal, destroy or alter or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer program, computer system or computer network of Jindal Productions Pvt. Ltd., without the permission of Jindal Productions Pvt. Ltd.. xiii) You and any person on your behalf shall not, fraudulently or dishonestly, make use of the electronic signature, password or any other unique identification feature of any other person and you shall not misuse the computer resource of Jindal Productions Pvt. Ltd., without it permissions, and further shall not use the said devices for cheating by personating. xiv) You and any person on your behalf shall not access or use of an Internet account or computer resources without the owner's authorization and further shall not download, copy or extract any data, computer data base or information from such computer network in any manner whatsoever; xv) You and any person on your behalf shall not introduce or causes to be introduced any computer contaminant or computer virus into any computer system or computer network and damages or causes to be damaged any computer system or computer network, data, computer data base or any other programs residing in such computer system or computer network. xvi) You and any person on your behalf shall not, disrupt or causes disruption of any computer, computer system or computer network or denies or causes the denial of access to any person authorized to access any computer system or computer network by any means. xvii) You and any person on your behalf shall not, destroy, delete or alter any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means and steel, conceal, destroy or alter or cause any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage. xviii) You agree that you and any person on your behalf shall not indulge or conspired, in any manner whatsoever in the aforesaid illegal activities. Jindal Productions Pvt. Ltd. shall have the right, but not the obligation, to remove the Content which is deemed, in Jindal Productions Pvt. Ltd.’s sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law.
You may not copy or use any Software program in any manner that is not expressly allowed under this agreement; You may not use our Software program or its output to develop or enhance any product that competes with a Jindal Productions Pvt. Ltd. software; You may not disclose the results of any benchmarking of a Software program (whether or not the results were obtained with assistance from Jindal Productions Pvt. Ltd.) to any third party; or You may not use a Software program in the development of any product if the failure or malfunction of that product could reasonably be expected to result in personal injury, death, or catastrophic loss.
You are prohibited to use, publish, email, reproduce, disclose, furnish, reveal, communicate, transfer or make accessible to any other person for any purpose any information that you encounter, acquire or learn about in connection with this agreement and Jindal Productions Pvt. Ltd. has not given you written authorization to disclose or made available to the public, except as needed in the course of and for the benefit of the client. You are not indulging in any kind of piracy of software and also unauthorized, copying, downloading, sharing, selling, distribution or installing multiple copies onto personal or work computers of copyrighted software.
You hereby expressly agree that you shall not directly or indirectly host, display, upload, publish, transmit, or deal in the "BANNED PRODUCTS & SERVICES" at any time during the tenure of this Agreement. Without prejudice to the Jindal Productions Pvt. Ltd.’s other rights & privileges, you bind yourself unequivocally to be solely liable for, including but not limited to, any legal actions and suits, and to make good to Jindal Productions Pvt. Ltd. immediately upon demand damages suffered by Jindal Productions Pvt. Ltd. directly or owing to claims by any third party, levy of assessment fees or fines, penal actions taken by Card Associations, the Banks, the RBI and any other statutory or competent authorities for any breach of any terms of this Agreement, including the dealing in the "BANNED PRODUCTS & SERVICES"

25) THIRD PARTY SOFTWARE PROHIBITED: You are strictly prohibited from installing any third party software on our program without the express written authorization of Jindal Productions Pvt. Ltd.. In the event that you install third party software on Jindal Productions Pvt. Ltd.’s servers without the express written authorization of Jindal Productions Pvt. Ltd., Jindal Productions Pvt. Ltd. at its discretion shall have the right to terminate the Services without any notice.

26) CONTENT OWNERSHIP: i) All contents stored by you shall at all times remain the property of yours. You grant to Jindal Productions Pvt. Ltd. nonexclusive, world-wide license to the content for the purposes of analytics and reporting or any other related purposes. ii) Jindal Productions Pvt. Ltd. uses the information it collects through the JD OMNI to upgrade or secure its Services. Additionally, you agree that Jindal Productions Pvt. Ltd. may use and disclose the information and you would be deemed to have given your consent to contact you for any business promotion of Jindal Productions Pvt. Ltd. and its affiliates.

27) NON-COMPETE: During the term of this Agreement, and for a period of 2 (two) years after the termination of this Agreement, You agree not to develop or create any program of its own that is comparable in functionality or would compete with Jindal Productions Pvt. Ltd.’s service in any way. You shall not directly, or through third person(s) or entity(s), attempt to develop, engineer, reverse engineer, create or re-create, any service that is comparable in functionality or concept with our service as outlined in this agreement. You shall not decompile, disassemble, or reverse engineer Jindal Productions Pvt. Ltd. Materials or attempt to discover source code or other information concerning Jindal Productions Pvt. Ltd. Materials including, without limitation, its design. You will not create any derivative work, program or product based on, or derived from JD OMNI, or use any information learned from JD OMNI to create any other program or product. You will not allow, encourage, facilitate, or assist any third party to do anything. You would be precluded from doing under this provision.

28) CONFIDENTIALITY: You shall not disclose to any third party or use, except in connection with the performance of Services hereunder, any confidential information of Jindal Productions Pvt. Ltd.’s business (“Confidential Information”) in the course hereof. Confidential Information shall include; i) Jindal Productions Pvt. Ltd. software program and plans for the Website ii) Specifications of Jindal Productions Pvt. Ltd.’s software program and any future development plans iii) Concepts relating to Jindal Productions Pvt. Ltd. software program not disclosed from the operation of the Website iv) Trade secrets of Jindal Productions Pvt. Ltd. v) Information derived from providing the Services when Website is in operation, including but not limited to: 1. identities, contact information and credit card information of users (if applicable) 2. confidential information of the Website’s use, such as number of users, unique visitors and unique visits (if applicable) ii) Notwithstanding the forgoing, this confidentiality obligation shall not apply to any information which is already known to the public or produced in compliance with applicable law or a court order, provided you shall promptly notify Jindal Productions Pvt. Ltd. so as to enable Jindal Productions Pvt. Ltd. to seek a protective order or other appropriate remedy. You will return all the confidential information to Jindal Productions Pvt. Ltd. within 30 (thirty) days from the expiry or the early termination of this agreement. The obligations contained in this Clause shall survive the termination of this Agreement
Notwithstanding the forgoing, in the event Jindal Productions Pvt. Ltd. receives a validly issued administrative or judicial order, notice, warrant or other process that requires Jindal Productions Pvt. Ltd. to share/disclose the confidential information then it shall be free to disclose all or part of the Confidential Information or is otherwise required to disclose any Confidential Information in order to comply with any law.

29) SECURITY: Client has taken adequate encryption and security measures to maintain its computer resources secured under this agreement. You must ensure that you use the software through a secure network that requires a protective security safeguards. You shall comply with the security standards, as prescribed by the governments and implements the security management and procedures, network architecture, software design, and other critical protective measures to protect data and information.

30) CENSORSHIP: Jindal Productions Pvt. Ltd. will exercise no control whatsoever over the content of the information passing through the network, email or website.

31) AUDIT AND COMPLIANCE: Jindal Productions Pvt. Ltd. may audit (using its own employees and those of an independent auditing firm that is subject to appropriate confidentiality obligations) your use of the Software and Documentation to verify your compliance with this agreement. You agree to give Jindal Productions Pvt. Ltd. (or the auditing firm) reasonable access to your facilities and records for purposes of conducting these audits. Jindal Productions Pvt. Ltd. will give you reasonable advance notice before conducting an audit. Audits will be conducted during normal business hours and no more than once per year, unless Jindal Productions Pvt. Ltd. has a good-faith basis for believing that more frequent audits are warranted. Jindal Productions Pvt. Ltd. will bear all the costs it incurs (including the fees and expenses of the auditing firm, if any) in conducting an audit, unless the audit reveals that you have failed to comply with this agreement in a material way, in which case you agree to reimburse Jindal Productions Pvt. Ltd. for these costs, in addition to other damages.

32) INTELLECTUAL PROPERTY RIGHTS: This Software is owned by Jindal Productions Pvt. Ltd. and is subject to protection under the copyright, patent and trademark laws of the India and other countries. You shall not have any right to use or reproduce in any manner any intellectual property owned by Jindal Productions Pvt. Ltd., including any trademarks, trade names, logos etc. ii) Jindal Productions Pvt. Ltd. owns and retains all ownership and proprietary rights relating to services and its programming architecture, including, but not limited to, HTML code, program code, graphical code, design, technique, and all proprietary rights in the Services and all software code and content relating to the Services etc.. This Agreement does not transfer, sell, assign, or entitle you to any of our source codes, programming documentation, or trade secrets except as provided in the this Agreement. During the term of this Agreement, Jindal Productions Pvt. Ltd. grants you, a right to use our services in connection with the use and maintenance of our service, consistent with the terms of this Agreement.
While availing the Products and Services of Jindal Productions Pvt. Ltd., Clients hereby grants Jindal Productions Pvt. Ltd. the royalty-free, irrevocable, non-exclusive, right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, sublicense, create derivative works from, transfer, your contents and/or any other proprietary right to the site (in whole or part) worldwide and/or to incorporate your contents and/or any other proprietary right in other works in any form, media, or technology whether now known or later developed.

33) MISCELLANEOUS: i) No Guarantee of Business: Jindal Productions Pvt. Ltd. does not guarantee that by installing and using of this software, your business/profit will increase. ii) No Marketing: Jindal Productions Pvt. Ltd. is not obliged and does not promote you business. Jindal Productions Pvt. Ltd.’s obligation under the Contract is limited to the obligations of providing access to software upon the receipt of requisite payment from your end. iii) Entire Agreement: This Agreement constitutes the entire Agreement and understanding between the Parties, and supersedes any previous agreement or understanding or promise between the Parties, regarding the Software. iv) Supersession- This Agreement supersedes all prior agreements and understandings (whether written or oral) between Jindal Productions Pvt. Ltd. and the Clients, or any of them, with respect to the subject matter hereof. v) Amendment – Jindal Productions Pvt. Ltd. is entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to You. It shall be Your sole responsibility to visit Jindal Productions Pvt. Ltd. Website and update himself / herself of the changes to the Terms of Service. vi) Severability: If any provision of this Agreement is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions of this Agreement unlawful or otherwise ineffective, the remainder of this Agreement shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted. vii) Waiver: Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy. viii) Survival of Provisions: The terms and provisions of this Agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this Agreement. ix) Force Majeure: Jindal Productions Pvt. Ltd. shall not be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, hacking, virus prone, technical glitch, defacement, sabotage, stoppage of display or transmission of the website, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control. x) Arbitration: In the event a dispute arises between the parties under this AGREEMENT, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 30 (thirty) days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Mumbai. The arbitration shall be conducted by a sole arbitrator to be appointed by Jindal Productions Pvt. Ltd. at its sole discretion. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration. xi) Assignments: You shall not assign, in whole or in part, the benefits or obligations of this Agreement unless otherwise mutually agreed in writing xii) Notices: All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the addresses as mentioned in the title to this document. Notices may also be sent through emails. xiii) Non-Exclusive Right: It is expressly agreed and understood between the parties hereto that this Agreement is on a non-exclusive basis and Jindal Productions Pvt. Ltd. is free to provide similar services to third party. xiv) Governing Law and Jurisdiction: This AGREEMENT shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.

In relation to any complaints or concerns, you can email to us at”info@filmtvadda.com

This Hosting Services Agreement (hereinafter referred to “Agreement”) is by and between Jindal Productions Pvt. Ltd. Limited having its registered office at 501 / B, Palm Court Complex, New Link Road, Malad (W), Mumbai 400 064 (hereinafter referred to “Jindal Productions Pvt. Ltd.”, “We” & “Us”) and clients (hereinafter referred to “Our”, “You” & “your”) that describes your rights and obligation to use the our hosting services (hereinafter referred to “Service”). This Agreement sets forth the terms and conditions of your use of Hosting services (the “Services”), and represents the entire agreement between you and Jindal Productions Pvt. Ltd. concerning the subject matter hereof. Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, and any other agreements or policies that are expressly incorporated herein. We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use the Services. We assume no liability or responsibility for your failure to receive a notification.

1) AUTHORIZATIONS: Client will use Jindal Productions Pvt. Ltd. services in compliance with all regulations, laws and terms applicable to Client, including those of Jindal Productions Pvt. Ltd. and of Servers locations.

2) RIGHT TO USE: Upon execution of this Agreement, You are granted right to use the service in accordance with the terms of this Agreement.

3) CLIENT’S RESPONSIBILITIES: i) Effective use of services provided by us presumes a certain degree of knowledge and skill on the part of the Client. We will not be held responsible for your inability to use our services due to your lack of the requisite knowledge and skills. ii)Client is solely responsible of managing and backing up his site and keeping his software scripts secure and up-to-date. iii) Jindal Productions Pvt. Ltd. is responsible to implement Hosting Servers corresponding to the description of the Hosting services provided to the Client. Jindal Productions Pvt. Ltd. is free to choose its implementation technology, methods and Server and services locations, including abroad or using foreign services and contractors in third countries. iv) Also further adaptations and extensions are at Jindal Productions Pvt. Ltd.'s sole discretion. Jindal Productions Pvt. Ltd. is not responsible for the security or proper function of software installed by Client, even if they are installed with Jindal Productions Pvt. Ltd. tools.

4) HOSTING: Jindal Productions Pvt. Ltd. agrees to host and maintain your website on its server(s), as outlined in this Agreement. Jindal Productions Pvt. Ltd. on best effort basis will take all reasonable precautions to implement data backup services on the data stored in your websites. Jindal Productions Pvt. Ltd. agrees to monitor hosting services and make sites available to Internet users. However, Jindal Productions Pvt. Ltd. is not responsible for unintentional damages or loss, either incidental or direct, caused by a loss of your information.

5) DOMAIN NAMES: You shall acquire and maintain the Internet Protocol address and corresponding domain names for your website. Jindal Productions Pvt. Ltd. may help you in obtaining the domain names and Internet Protocol address and maintaining the same at additional cost decided by Jindal Productions Pvt. Ltd. from time to time. Jindal Productions Pvt. Ltd. shall execute the actions necessary to establish the address of your website, or to delete the address in the event your relationship is terminated or website cancelled in accordance with the rules, and regulations related to the Product.

6) FEES: In consideration of Jindal Productions Pvt. Ltd. providing the Hosting Service as specified in this agreement, you shall make the payment of Hosting Service fee, as per the invoice issued to you from time to time. The terms of invoice shall prevail over the terms & conditions mentioned under this agreement.
Your right to use the hosting service is limited for the period of 5 (Five) years. You may have the option to extend your hosting service on paying of the fees. If you extend your hosting service, you may continue using the hosting service until the end of your extended period. After the expiration of your period, hosting service will stop. Jindal Productions Pvt. Ltd. reserves its right to charge the additional fees for the hosting service, at any time, at its sole discretion, and the same shall be notified to client, in advance.
You agree to pay the fee as specified in invoice copy. You may opt to pay the fees through (i) Cheque; (ii) Demand Draft; (iii) RTGS (Real Time Gross Settlement); (iv) ECS (Electronic Clearing Service); and (v) CCSI (Credit Card Standing Instruction). Jindal Productions Pvt. Ltd. does not encourage/prefer that payments be made in cash. Any cash payments made by you, shall be at your sole risk, without any recourse to Jindal Productions Pvt. Ltd..
In the event, if you fail to make any payment in time and as per the payment plan chosen by You, Jindal Productions Pvt. Ltd. may, in its sole discretion, suspend your services until necessary payments are made by you. The right of Jindal Productions Pvt. Ltd. to suspend the Service shall be without prejudice to Jindal Productions Pvt. Ltd.’s right to terminate the agreement, without any further notification.
Jindal Productions Pvt. Ltd. shall be allowed to terminate the right to use the service for non-payment of fees, for non-compliance, with any applicable rules, regulations or agreements regarding the use of our services or with applicable laws or regulations, or to exercise other remedies allowed at law or in equity. Jindal Productions Pvt. Ltd. will notify you of any such instance including the name and reason for termination.
If any cheques are dishonored due to insufficient of funds, Jindal Productions Pvt. Ltd. may present the cheques before the banks until the cheques are honored or till the validity of cheques. You shall not raise any objection in this regards and also shall be responsible for any/all liability, if any incurred. Further you acknowledge that any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881. You shall also be liable to pay interest @18 % per annum during that period.

7) TAXES: You shall be entitled to pay all the taxes and charges (now in force or enacted in future), if any applicable or may be imposed on the said Services. You shall pay the said taxes and charges promptly without raising any objections.

8) SUPPORT: Jindal Productions Pvt. Ltd. will provide support related to problems with the Hosting functions of its Servers (at the discretion of Jindal Productions Pvt. Ltd.) during regular business hours via telephone hotline support 8888888888 or through support@jdomni.com. Support not related to core Hosting functions problems might be charged to Client at applicable rates.

9) CENSORSHIP: Jindal Productions Pvt. Ltd. will exercise no control whatsoever over the content of the information passing through the network, email or Website.

10) STORAGE AND SECURITY: i) You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers. ii) Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.

11) WEBSITE/SERVER CONTENT: You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Services.

12) STORAGE AND LIMITS: All Web Hosting and Hosting plans, including the unlimited plans, are subject to a limitation prescribed by Jindal Productions Pvt. Ltd. time to time. In the event these limitations are exceeded, your site may slow down or not be served until more resources are added. More resources may be added for additional fees.

13) NOTIFICATIONS: Jindal Productions Pvt. Ltd. relies on e-mail as the primary means of notifying Clients of important system news, problems with Clients' accounts or usage of those accounts, billing problems, etc. Any notifications will be e-mailed to Client domain's primary e-mail address and/or to the contact e-mail address provided by Client upon application for services. Client agrees to monitor these e-mail addresses on a regular basis and to respond promptly, if required, to any notifications. Client notifications to Jindal Productions Pvt. Ltd. should be made using Jindal Productions Pvt. Ltd.'s portal.

14) CANCELLATION POLICY: Client bears all responsibility for ensuring effective cancellation of Client account. This responsibility includes providing effective and verifiable notification to Jindal Productions Pvt. Ltd. of Client's desire to cancel an account. This responsibility shall not be waived or modified by Client in any way at any time subsequent to the submission by Client of an application for Jindal Productions Pvt. Ltd. account. Jindal Productions Pvt. Ltd. will implement without further notification.

15) REFUSAL OF SERVICE:Jindal Productions Pvt. Ltd. reserves the right to refuse or cancel service at Jindal Productions Pvt. Ltd.'s sole discretion, with or without reason, with or without warning, and without indemnification.

16) SERVER ABUSE: Any attempts to undermine or cause harm to any server is strictly prohibited. This includes, but is not limited to attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your Server, or anything that causes Server malfunction. Failure to comply is subject to immediate account deactivation.

17) RESOURCE USAGE:Client can use the resources of Jindal Productions Pvt. Ltd. in a reasonable way, which doesn't disadvantage other clients of Jindal Productions Pvt. Ltd.. Jindal Productions Pvt. Ltd. will be the sole arbiter as to what constitutes a violation of this provision. Failure to comply is subject to immediate account Deactivation.

18) THIRD PARTY SOFTWARE: We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software solely as part of the Services. You may not use the Third-Party Software outside of the Services. We may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party providers (or their affiliates or suppliers).

19) CLIENT’S OBLIGATION: You represent and warrant that i) You would be solely responsible and liable for the information uploaded, edited, modified in the software provided by Jindal Productions Pvt. Ltd.. ii) You shall be solely responsible and liable for any dispute arising out of your usage of our products and services. iii) You acknowledge and confirm that you will be subject to the rules, guidelines, policies, terms, and conditions applicable to the services/product. Jindal Productions Pvt. Ltd. reserve the right, at its discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. iv) You undertake to provide a copy of the licenses/ registrations (in case of corporate body) including but not limited to valid Identity proofs such as ration card, adhar card, voter id card and residential proofs such as electricity bill, telephone bill etc., (in case of individual) required to use our products and services. v) You acknowledge that any breach of the covenants set forth here may be a cause for termination of your service by Jindal Productions Pvt. Ltd., at its sole discretion. vi) You agree that at all times, you will maintain appropriate records relating to the usage of our services and shall allow Jindal Productions Pvt. Ltd./ Government, /statutory authorities and any other appropriate entities to examine, inspect, audit and review all such records and any source document pertaining to the services. vii) You hereby undertake to upload the terms and conditions on your website which will be applicable to the user of your websites who visit you website for any purposes including but not limited to buys the product/s or avails the services whether online or otherwise. viii) You shall ensure and take all appropriate security measures to prevent unauthorized disclosure and/or access of any details such as user ids, passwords, sensitive personal information or any other information of any end-customers/ Customers, third party which are obtained by you in any manner whatsoever. ix) You shall make available any and all customer assistance channels to assist and guide the end-customers/ Customers using your services and respond to any queries and address any issues that may arise in using Jindal Productions Pvt. Ltd. products and services. x) You shall cooperate with Jindal Productions Pvt. Ltd. and render assistance to it for connecting the respective software systems of the Parties. xi) You shall take all such precautions and measures to ensure that there is no breach of security. You shall work upon developing and implementing various security mechanisms at your own cost and ensure that there are proper encryption and robust security measures to prevent any hacking into the information and other data store on your computer system. xii) You acknowledges that responsibility for all content provided by you to Jindal Productions Pvt. Ltd. for the performance of the Services or otherwise included in the Website is the sole and exclusive responsibility of yours and that we will not be held responsible in any way for any copyright infringement or violation, or the violation of any other person’s rights or the violation of any laws, including but not limited to infringement or misappropriation of copyright, trademark or other property right of any person or entity, arising or relating to the Content. xiii) You acknowledge and agree that we may elect at its sole discretion to monitor the Content and your activities on the Website. We shall have the right, but not the obligation, to remove the content which is deemed, in our sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law. xiv) You agree to use the Services and the Website for legal purposes only. In the event that we become aware or reasonably believe, in its sole discretion, that the Website is being used for illegal purposes, we shall be entitled to immediately terminate the Agreement and the Services without notice in addition to any remedies to which it may be entitled under law.

20) PROHIBITED SERVICE: i) The following content and activities may not be displayed or promoted by you and any person on your behalf nor Associated in any way with the Client's account or Jindal Productions Pvt. Ltd.'s services. Jindal Productions Pvt. Ltd. shall be the sole arbiter as to what constitutes violation of this provision. ii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that belongs to another person and to which the user does not have any right to; iii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; iv) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that infringes any patent, trademark, copyright or other proprietary rights; or that violates any law for the time being in force; v) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; vi) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. vii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information/contents on the website that promotes any illegal or prohibited activity. viii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that may be damaging to Jindal Productions Pvt. Ltd.'s servers or to any other server on the Internet. ix) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that promotes or sale of unsolicited or bulk email (SPAM) software or services or unsolicited or bulk e-mail or group posts (SPAM) which references and/or is traceable to Jindal Productions Pvt. Ltd. and/or any Client in any way. x) Jindal Productions Pvt. Ltd. assumes no responsibility, liability including but not limited to the issues arising in connection with your customers being registered in DO NOT CALL/ DND registry with the Telecom Regulatory Authority of India. xi) You and any person on your behalf 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. xii) You and any person on your behalf shall not, knowingly or intentionally conceal, destroy or alter or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer programme, computer system or computer network of Jindal Productions Pvt. Ltd., without the permission of Jindal Productions Pvt. Ltd.. xiii) You and any person on your behalf shall not, fraudulently or dishonestly, make use of the electronic signature, password or any other unique identification feature of any other person and you shall not misuse the computer resource of Jindal Productions Pvt. Ltd., without it permissions, and further shall not use the said devices for cheating by personation. xiv) You and any person on your behalf shall not access or use of an Internet account or computer resources without the owner's authorization and further shall not download, copy or extract any data, computer data base or information from such computer network in any manner whatsoever; xv) You and any person on your behalf shall not introduce or causes to be introduced any computer contaminant or computer virus into any computer system or computer network and damages or causes to be damaged any computer system or computer network, data, computer data base or any other programmes residing in such computer system or computer network. xvi) You and any person on your behalf shall not, disrupt or causes disruption of any computer, computer system or computer network or denies or causes the denial of access to any person authorised to access any computer system or computer network by any means. xvii) You and any person on your behalf shall not, destroy, delete or alter any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means and steel, conceal, destroy or alter or cause any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage. xviii) You agree that you and any person on your behalf shall not indulge or conspired, in any manner whatsoever in the aforesaid illegal activities. Jindal Productions Pvt. Ltd. shall have the right, but not the obligation, to remove the Content which is deemed, in Jindal Productions Pvt. Ltd.’s sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law. xix) You are strictly prohibited from installing any third party software on our products and services without the express written authorization of Jindal Productions Pvt. Ltd.. In the event that you install third party software on Jindal Productions Pvt. Ltd.’s servers without the express written authorization of Jindal Productions Pvt. Ltd., Jindal Productions Pvt. Ltd. at its discretion shall have the right to terminate the Services without any Notice.
You hereby expressly agree that you shall not directly or indirectly host, display, upload, publish, transmit, or deal in the "BANNED PRODUCTS & SERVICES" at any time during the tenure of this Agreement. Without prejudice to the Jindal Productions Pvt. Ltd.’s other rights & privileges, you bind yourself unequivocally to be solely liable for, including but not limited to, any legal actions and suits, and to make good to Jindal Productions Pvt. Ltd. immediately upon demand damages suffered by Jindal Productions Pvt. Ltd. directly or owing to claims by any third party, levy of assessment fees or fines, penal actions taken by Card Associations, the Banks, the RBI and any other statutory or competent authorities for any breach of any terms of this Agreement, including the dealing in the "BANNED PRODUCTS & SERVICES"

21) TENURE/TERMINATION:i) The terms of this agreement is for the period of 5 (Five) years. This agreement may continue subject to the payment of hosting service fee as applicable, or until the termination of this agreement, as specified under this agreement. ii) This Agreement may also be terminated at any time by Jindal Productions Pvt. Ltd. without assigning any reasons. Jindal Productions Pvt. Ltd. has the right to terminate this Agreement and your right to use this service upon any material breach of terms and conditions by you. ii) This Agreement may be terminated by Jindal Productions Pvt. Ltd., upon your linking in the illegal, unlawful and prohibited activities prescribed under this agreement. iv) Upon termination of this agreement, Jindal Productions Pvt. Ltd. shall retain all proprietary technology and services provided to you, and shall render inoperable all Subscriber websites and software after allowing for a commercially reasonable and orderly transition by you. Each Party shall return or destroy all originals and copies of any Confidential Information of the other Party regarding this agreement.

22) LIMITATIONS; ACCOUNT TERMINATION: i) You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers. ii) You acknowledge and agree that upon expiration or termination of your Services, you must discontinue use of the Services and relinquish use of the IP addresses and server names assigned to you in connection with Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, then all such content will be deleted and we will not be able to provide a copy of such content. iii) Upon termination of the Services, all free products provided as part of the Services will be cancelled or revoked.

23) OWNERSHIP: i) Jindal Productions Pvt. Ltd. maintains control and ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. Client shall keep the rights of ownership and use of his own domain name(s) even if Client changes Jindal Productions Pvt. Ltd.. In case of disputes regarding authority over domain names, Jindal Productions Pvt. Ltd. will follow industry standard practice of giving ultimate authority to the domain name registrant. Jindal Productions Pvt. Ltd. maintain control and ownership of any copyright, proprietary and/or licensed software, scripts, programs, images, or other electronic data or media installed and or provided by Jindal Productions Pvt. Ltd.. ii) All contents stored by you shall at all times remain the property of yours. You grant to Jindal Productions Pvt. Ltd. non-exclusive, world-wide licence to the content only to the extent necessary for Jindal Productions Pvt. Ltd. to host the website. Jindal Productions Pvt. Ltd. uses the information it collects through the software features to upgrade or fix the software and otherwise improves the products and services. Additionally, You agree that Jindal Productions Pvt. Ltd. may use and disclose the information and you would be deemed to have given your consent to contact you for any business promotion of Jindal Productions Pvt. Ltd. and its affiliates.

24) INDEMNITY: i) Client is solely responsible for the content stored in his folders on Jindal Productions Pvt. Ltd.'s Servers and agrees that it shall defend,indemnify, save and hold Jindal Productions Pvt. Ltd. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Jindal Productions Pvt. Ltd., its agents, its customers, officers and employees, that may arise or result from any content, service provided or performed or agreed to be performed or any product sold by Client, it's agents, employees or assigns. Client agrees to defend, indemnify and hold Jindal Productions Pvt. Ltd. harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with a Jindal Productions Pvt. Ltd. Server; (2) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. ii) Client shall defend, indemnify, and hold harmless Jindal Productions Pvt. Ltd., its officers, employees, agents, Representatives from and against any claims, liability(ies), demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses incurred or suffered by Jindal Productions Pvt. Ltd. (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or in relation to or in connection with: breach of any provision of this Agreement or non-performance of any of its obligations under this Agreement by you; or anything done or omitted to be done by you due to gross negligence, willful default or willful misconduct you or any of your officers, directors, employees or agents, or resulting from Your business operations or use of Software provided by Jindal Productions Pvt. Ltd..

25) DISCLAIMER OF WARRANTY: i) The service is available to you “as-is whereas basis." You bear the risk of using it. Jindal Productions Pvt. Ltd. gives no express warranties, guarantees or conditions. Jindal Productions Pvt. Ltd. will make all reasonable efforts to provide uninterrupted access and hosting services subject to down time and regular maintenance. However, notwithstanding anything in this Agreement, you acknowledge that Jindal Productions Pvt. Ltd. and its business partners disclaim all warranties including but not limited to express or implied, written or oral. Jindal Productions Pvt. Ltd. shall not be responsible or liable if any unauthorized person hacks into or gains access to your website. In addition Jindal Productions Pvt. Ltd. shall not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data or business; interruption or stoppage to the access to and/or use of our service; interruption or stoppage of services etc. Jindal Productions Pvt. Ltd. does not warrant that hosting services will be provided uninterrupted or free from errors or it is free from any virus or other malicious, destructive or corrupting code, program or macro. No advice or information, whether oral or written, obtained by you from Jindal Productions Pvt. Ltd. or through or from Jindal Productions Pvt. Ltd. shall create any warranty. Jindal Productions Pvt. Ltd. shall have no liability in this respect. Jindal Productions Pvt. Ltd.’s sole obligation and the your sole and exclusive remedy in the event of interruption services, or loss of use and/or access to service, shall be to use all reasonable endeavors to restore the Services as soon as reasonably possible. ii) Jindal Productions Pvt. Ltd.'s infrastructure has been designed to prevent and minimize damage risks. However, no insurance is given expressly or implied hereby, and any damages incurred by Client due to disruption of service (including loss of connectivity, Server outages, data corruption or loss) by Jindal Productions Pvt. Ltd. or its provider or third parties is at Client's sole charge, and shall in all cases be expressly limited to the fees paid by Client to Jindal Productions Pvt. Ltd. for services in the corresponding period and shall under no circumstances include reimbursement for losses of income or other consequential damages claimed by Client.

26) LIMITATION & EXCLUSION OF REMEDIES AND DAMAGES: i) You agree that Jindal Productions Pvt. Ltd. shall not be liable for any suspension or loss of the services, except to the limited extent that a remedy is provided under this agreement; interruption of business; access delays or access interruptions to the website(s) provided through or by the services; loss or liability resulting from acts of god; data non-delivery, mis-delivery, corruption, destruction or other modification; events beyond the control of the primary service Provider or backend service Provider; or loss or liability resulting from the unauthorized use or misuse of their account identifier or password. ii) Jindal Productions Pvt. Ltd.’s aggregate liability arising from or relating to this agreement or maintenance, support or other service (regardless of the form of action or claim - e.g. Contract, warranty, tort, malpractice, and/or otherwise) will in no event exceed maximum amount paid by you to Jindal Productions Pvt. Ltd. while availing Jindal Productions Pvt. Ltd.’s service under this agreement. iii) Jindal Productions Pvt. Ltd. will not in any case be liable for any Special, incidental, consequential, indirect or punitive damages even if Jindal Productions Pvt. Ltd. has been advised of the possibility of such damages. Jindal Productions Pvt. Ltd. is not responsible for lost profits or revenue, loss of use of our service, loss of data, costs of re-creating lost data, the cost of any substitute equipment or program, or claims by you.

27) CONFIDENTIALITY: You shall not disclose to any third party or use, except in connection with the performance of Services hereunder, any confidential information of Jindal Productions Pvt. Ltd. business (“Confidential Information”) in the course hereof. Confidential Information shall include; i) Jindal Productions Pvt. Ltd. services and plans for the Website ii) Specifications of Jindal Productions Pvt. Ltd. services and any future development plans iii) Concepts relating to Jindal Productions Pvt. Ltd. service not disclosed from the operation of the Website iv) Trade secrets of Jindal Productions Pvt. Ltd. v) Information derived from providing the Services when Website is in operation, including but not limited to: 1. identities, contact information and credit card information of users (if applicable) 2. Confidential information of the Website’s use, such as number of users, unique visitors and unique visits (if applicable).
All information received by you shall be kept confidential and you shall use the same degree of care as you use to protect its own confidential information. An item will not be considered to be confidential information if it is; (i) already available to the public other than by a breach of this Agreement; (ii) rightfully received from a third party not in breach of any obligation of confidentiality; (iv) proven to be already known to the recipient at the time of disclosure; or (v) produced in compliance with applicable law or a court order, provided you shall promptly notify Jindal Productions Pvt. Ltd. so as to enable Jindal Productions Pvt. Ltd. to seek a protective order or other appropriate remedy. You will return all the confidential information to Jindal Productions Pvt. Ltd. within 30 (thirty) days from the expiry or the early termination of this agreement. The obligations contained in this Clause shall survive the termination of this Agreement.
Notwithstanding the forgoing, in the event Jindal Productions Pvt. Ltd. receives a validly issued administrative or judicial order, notice, warrant or other process that requires Jindal Productions Pvt. Ltd. to share/disclose the confidential information then it shall be free to disclose all or part of the Confidential Information or is otherwise required to disclose any Confidential Information in order to comply with any law.

28) PRIVACY:Jindal Productions Pvt. Ltd. and Client will mutually keep the data private and not share or reuse the other party's data, and put in place all normal reasonable security measures to protect each other's data, including corresponding NDA agreements with employees and contractors. Client recognizes that Jindal Productions Pvt. Ltd. can be required to provide data to legal authorities upon valid legal injunction, and to comply to such injunctions with or without Client's authorization or consent. Furthermore, Client understands there is no absolute security, and in order to limit consequences of any accidental exposure, Client agrees to not use the Hosting storage for data beyond the data required for the Hosting. Client authorizes Jindal Productions Pvt. Ltd. to backup and archive the Servers on-site and off-site, including Client's data and Sites for the purpose of continuous Hosting operations, and to maintain Server logs required for Jindal Productions Pvt. Ltd.'s technical operations and legal compliance. This authorization does not imply that Jindal Productions Pvt. Ltd. must make or keep such backups, archives and logs. In case of suspected unauthorized use, or complaint, Jindal Productions Pvt. Ltd. can, but must not, inspect Client data and traffic for compliance check purposes, prior to his decision to take measures.

29) INTELLECTUAL PROPERTY RIGHTS: i) This service is owned by Jindal Productions Pvt. Ltd. Limited and is subject to protection under the copyright, patent and trademark laws of the India and other countries. You shall not have any right to use or reproduce in any manner any intellectual property owned by Jindal Productions Pvt. Ltd., including any trademarks, trade names, logos etc. ii) Jindal Productions Pvt. Ltd. owns and retains all ownership and proprietary rights relating to its services and its programming architecture, including, but not limited to, HTML code, program code, graphical code, design, technique, and all proprietary rights in the Website and all software code and content relating to the Website, etc.. This Agreement does not transfer, sell, assign, or entitle you to any of our source codes, programming documentation, or trade secrets except as provided in the this Agreement. During the term of this Agreement, Jindal Productions Pvt. Ltd. grants you, right to use our services in connection with the use and maintenance of our service, consistent with the terms of this Agreement.

30) NON-COMPETE:During the term of this Agreement, and for a period of two years after the termination of this Agreement, You agree not to develop or create any program of its own that is comparable in functionality or would compete with Jindal Productions Pvt. Ltd.’s service in any way. You shall not directly, or through third person(s) or entity(s), attempt to develop, engineer, reverse engineer, create or re-create, any service that is comparable in functionality or concept with our service as outlined in this agreement. You shall not decompile, disassemble, or reverse engineer Jindal Productions Pvt. Ltd. Materials or attempt to discover source code or other information concerning Jindal Productions Pvt. Ltd. Materials including, without limitation, its design. You will not create any derivative work, program or product based on, or derived from Software, or use any information learned from Software to create any other program or product. You will not allow, encourage, facilitate, or assist any third party to do anything. You would be precluded from doing under this provision.

31) GENERAL PROVISIONS: 1) Supersede - This Agreement supersedes all prior agreements and understandings (whether written or oral) between Jindal Productions Pvt. Ltd. and the Clients, or any of them, with respect to the subject matter hereof. 2) Severability: If any provision of this Agreement is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions of this Agreement unlawful or otherwise ineffective, the remainder of this Agreement shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted. 3) Waiver: Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy. 4) Survival of Provisions: The terms and provisions of this Agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this Agreement. 5) Force Majeure: Either Party shall not be liable for its failure to perform under this Agreement as a result of any event of force majeure events like acts of god, fire, wars, sabotage, civil unrest, labour unrest, action of Statutory Authorities or local or Central Governments, change in Laws, Rules and Regulations, affecting the performance of the Party. 6) Arbitration: In the event a dispute arises between the parties under this AGREEMENT, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 30 days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Mumbai. The arbitration shall be conducted by a sole arbitrator to be mutually agreed by the parties. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration. 7) Assignments: You shall not assign, in whole or in part, the benefits or obligations of this Agreement unless otherwise mutually agreed in writing. 8) Governing Law and Jurisdiction: This AGREEMENT shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.

THIS SOFTWARE LICENSE & HOSTING SERVICE AGREEMENT (the “Agreement”) is entered into between Jindal Productions Pvt. Ltd. Limited, having its registered Office at 501 / B, Palm Court Complex, New Link Road, Malad (W), Mumbai 400 064 (hereinafter referred to as “Jindal Productions Pvt. Ltd.”, “Licensor”, “We”, “Our”), and Clients (hereinafter referred to as “Client”, “Licensee”, & “You”). Jindal Productions Pvt. Ltd. hereby grants the right to use its JD OMNI Software Program and Hosting Services (hereinafter referred to as “Product and Service”) to the “Client”, and the client acknowledges and agrees to comply with all of these Terms and consent to the transmission of certain information during Activation and for internet-based features of the software and hosting service. If you do not Accept and comply with these terms, you may not use the software and hosting service.

1) USAGE POLICY: You will use the Jindal Productions Pvt. Ltd.’s Product and Service in a manner consistent with all local, states and Union regulations and laws. We reserve the right to suspend or cancel your access to any or all services provided by us when you are not in compliance to the terms of this agreement and/or we decide that your account has been inappropriately used.

2) DESCRIPTION OF SOFTWARE: This agreement applies to the most recent release of JD OMNI software program. JD OMNI Software (hereinafter referred as Software) is a one stop solution for retailers to manage their in-store and online business. It is a cloud based platform/solution to manage products inventory, purchases, suppliers, sales and customers. You will be able to use this software for the purposes of setting up your store virtually and starting your online business. This Software has the features through which you yourself can set up your store virtually, add & delete the products, access to Dashboard, manage inventory & purchases of your store, print your own barcode. This software is available on website as well as on mobile app. In this software you have the option of choosing the features which you want to use and pay only for those features as agreed between parties. This software will be accessible on website as well as on compatible mobile devices. The software accessible on compatible mobile devices will be available with limited features for its proper, easy and smooth functioning.

3) TERMS OF USE: This agreement only gives you rights to use the Product and Service as per the features obtained and fee paid by you. You may use the Product and Service only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Product and Service that only allow you to use it in certain ways. Client has the exclusive right to use the Product and Service only for a license period or as per the rights granted under this agreement.
You may only use the software on a single computer at one time and may do so only via a user interface connected directly to said single computer and not in any manner over a network, regardless of whether said network is a wide area network (WAN) or a local area network (LAN). You may NOT distribute copies of or documentation of the software to others. THE ACTUAL SOFTWARE PROGRAM COMPONENTS REMAIN THE PROPERTY OF JINDAL PRODUCTIONS PVT. LTD.. You may not sell, lease, rent, or otherwise distribute and/or sub-license the Software, including the manuals and documentation of same, to another person at any price. It is illegal to make copies of the Software Program, or Components. The Software Program and Components are protected by the copyright laws pertaining to computer software. It is illegal to give copies of the Software Program, Components and Modules, or manuals and documentation of same to another person, or to duplicate the Software Program or Components and Modules by any other means, including electronic transmission. Software contains trade secrets and in order to protect such trade secrets you may not decompile, reverse engineer, disassemble, or otherwise reduce software program to human perceivable form. You may not modify, adapt, translate, rent, lease, or create derivative works based upon software program or any part thereof.

4) RIGHT TO USE:Upon execution of this Agreement, You are granted right to use the Product and Service in accordance with the terms of this Agreement.

5) CLIENT’S RESPONSIBILITIES: Effective use of Product and Service provided by Jindal Productions Pvt. Ltd. presumes a certain degree of knowledge and skill on the part of the Client. We will not be held responsible for your inability to use our Product and Service due to your lack of the requisite knowledge and skills.

6) USE OF JD OMNI SOFTWARE: i) The software is licensed, not sold. Under this agreement, we grant you the right to install and run one copy of software only on one computer with which you acquired the software, for use by one person at a time, but only if you comply with all the terms of this agreement. You may not make the software available for simultaneous use by multiple users. Jindal Productions Pvt. Ltd. grants you the license to right to use the software only upon the receipt of license fees as determined by Jindal Productions Pvt. Ltd. from time to time. The necessary instructions for operating the software are mentioned in the user manual available in the software after successful login. ii) The components of the software are licensed as a single unit. You may not separate or virtualize the components and install them on different computers. Jindal Productions Pvt. Ltd. does not give permission for installation of the software on a server or for use by or through other computers or devices connected to the server over an internal or external network. You may not, however, transfer or sublicense the Licensed Programs to any third party, in whole or in part, in any form, whether modified or unmodified. iii) Jindal Productions Pvt. Ltd. may use commercially reasonable efforts to provide corrections to Software error. Any other upgrades or enhancements to the Software are not made available by Jindal Productions Pvt. Ltd. as part of this agreement and may be subject to additional charges.

7) LICENSE OF JD OMNI SOFTWARE PROGRAM:i) Jindal Productions Pvt. Ltd. grants you the license of JD Omni software program only upon receipt of license fee as determined by Jindal Productions Pvt. Ltd., from time to time , in according to the terms of this Agreement.

8) FEES: i) In consideration of Jindal Productions Pvt. Ltd. providing the Product and Service as specified in this agreement, you shall make the payment of fee as per the invoice issued to you from time to time. The terms of invoice shall prevail over the terms of this agreement. ii) Your right to use the Product and Service is limited to the license period. You may have the option to extend your Service upon paying of the requisite fees. If you extend your service, you may continue using the Product and Service until the end of your extended service period. After the expiration of the period, Product and Service will stop running on your computer. iii) Jindal Productions Pvt. Ltd. shall make best efforts to install & activate the product and services from the date of receipt of fee into its bank account (subject to delay due to technical malfunctions). However Jindal Productions Pvt. Ltd. will not be liable in any manner for any delay in activating your contract. iv) You agree to pay the fee as specified in invoice copy. You may opt to pay the fees through (i) Cheque; (ii) Demand Draft; (iii) RTGS (Real Time Gross Settlement); (iv) ECS (Electronic Clearing Service); and (v) CCSI (Credit Card Standing Instruction). Jindal Productions Pvt. Ltd. does not encourage/prefer that payments be made in cash. Any cash payments made by you, shall be at your sole risk, without any recourse to Jindal Productions Pvt. Ltd.. v) In the event, if you fail to make any installments in time and as per the payment plan chosen by You, Jindal Productions Pvt. Ltd. may, in its sole discretion, suspend the services until necessary payments are made by you. The right of Jindal Productions Pvt. Ltd. to suspend the Service shall be without prejudice to Jindal Productions Pvt. Ltd.’s right to terminate the agreement, without any further notification vi) Jindal Productions Pvt. Ltd. shall be allowed to terminate the right to use the service to a particular licensor for non-payment of fees, for noncompliance, with any applicable rules, regulations or agreements regarding the use of the service or with applicable laws or regulations, or to exercise other remedies allowed at law or in equity. Jindal Productions Pvt. Ltd. will notify you of any such instance including the name of licensor and reason for termination. vii) If any cheques are dishonored due to insufficient of funds, Jindal Productions Pvt. Ltd. may present the cheques before the banks until the cheques are honored or till the validity of cheques. You shall not raise any objection in this regards and also shall be responsible for any/all liability, if any incurred. Further you acknowledge that any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881. You shall also be liable to pay interest @18 % per annum during that period.

9) ISSUANCE OF INVOICE: Jindal Productions Pvt. Ltd. will issue an invoice to you containing, inter-alia, the following details: a) Clients details b)License Fees c)Description of the features of Software, if required d)Type of access chosen by you (either website or App or both) if required.

10) TAXES: Jindal Productions Pvt. Ltd. is entitled to levy you for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services. You shall pay the said taxes and charges promptly without raising any objections. You also agree that in the event the said taxes and charges are not charged by Jindal Productions Pvt. Ltd. the taxes shall be paid by you directly to the authorities concerned without raising any objection. You further agrees that the taxes and charges payable under this Clause is in addition to the license fee paid by You for the Services rendered by Jindal Productions Pvt. Ltd.. The Taxes would include Service Tax & VAT ( Value Added Tax) or other taxes as applicable.

11) HOSTING SERVICE: Jindal Productions Pvt. Ltd. agrees to host and maintain your website on its server(s), as outlined in this Agreement. Jindal Productions Pvt. Ltd. will take all reasonable precautions to implement data backup services on the data stored in your websites. Jindal Productions Pvt. Ltd. agrees to monitor hosting services and make sites available to Internet users. However, Jindal Productions Pvt. Ltd. is not responsible for unintentional damages or loss, either incidental or direct, caused by a loss of your information.
You shall acquire and maintain the Internet Protocol address and corresponding domain names for your website. Jindal Productions Pvt. Ltd. may help you in obtaining the domain names and Internet Protocol address and maintaining the same at additional cost decided by Jindal Productions Pvt. Ltd. from time to time. Jindal Productions Pvt. Ltd. shall execute the actions necessary to establish the address of your website, or to delete the address in the event your relationship is terminated or website cancelled in accordance with the rules, and regulations related to the product. Jindal Productions Pvt. Ltd. shall provide you the ability to access data on your Website and make changes with a password set by you. Your connection will be secured by the firewall.
Your right to use the hosting service is limited for the period of 5 (Five) years. You may have the option to extend your hosting service on paying of the fees. If you extend your hosting service, you may continue using the hosting service until the end of your extended period. After the expiration of your period, hosting service will stop. Jindal Productions Pvt. Ltd. reserves its right to charge the fees for the hosting service, at any time, at its sole discretion, and the same shall be notified to client, in advance. All Web Hosting and Hosting plans, including the unlimited plans, are subject to a limitation prescribed by Jindal Productions Pvt. Ltd. time to time. In the event these limitations are exceeded, your site may slow down or not be served until more resources are added. More resources may be added for additional fees.
You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Services.

12) SERVICE/SUPPORT: a) Jindal Productions Pvt. Ltd. will use commercially reasonable efforts to make available Jindal Productions Pvt. Ltd. Support Center on Monday through Friday, during Jindal Productions Pvt. Ltd.'s normal business hours, excluding Jindal Productions Pvt. Ltd.'s scheduled holidays. Jindal Productions Pvt. Ltd. will provide you all the customer and technical support via telephone hotline support 8888888888 or through support@jdomni.com. However our support services shall be limited to providing matter pertaining our software under this agreement not otherwise. b) We shall not provide technical support for any third party products/software of any kind, incorporated by you into the website. On best effort basis, we will use all commercially reasonable means to resolve your issues in this Agreement. c) Jindal Productions Pvt. Ltd. will have no obligation to provide Maintenance Services for any Software that are damaged, modified (by anyone other than Jindal Productions Pvt. Ltd.), incorporated into other software, or installed in any computing environment not supported by Jindal Productions Pvt. Ltd. software program; or for any version of a software program other than the latest and immediately preceding version; or for any problems caused by your negligence, abuse, misuse, or by any causes beyond Jindal Productions Pvt. Ltd.'s reasonable control.

13) REFUNDS POLICY: All fees paid by you to Jindal Productions Pvt. Ltd. are final and non-refundable. Until you terminate this Agreement, as specified in this agreement, you are responsible for paying the fee, regardless of whether you use our Product and Service or not.

14) NON-PERFORMANCE AND DELAYS: Jindal Productions Pvt. Ltd. shall not be liable for any loss or damage resulting from non-performance by Jindal Productions Pvt. Ltd. or its suppliers under this Agreement or from any delay in delivery of the Product and Service due to fire, labour unrest or strikes, delays in transportation or shipping, acts of God, war, acts of a public enemy, accident, hacking, technical glitch or any other cause or causes beyond the control of Jindal Productions Pvt. Ltd..

15) THIRD PARTY CONSULTANT: Jindal Productions Pvt. Ltd. will not be liable for any costs incurred as a result of Client, for any reason, employing the services of a third party consultant or other technical personnel.

16) TRANSFER: This agreement is non-transferable or assignable by the Client without the prior written consent of Jindal Productions Pvt. Ltd..

17) FEES CHANGE: Jindal Productions Pvt. Ltd. reserves the right to increase/raise the fees, at its discretion. The fees will only become effective upon renewal of the order. For clarity, additional purchases of the service/ other features will be subject to the new pricing.

18) CLIENT’S OBLIGATION: i) You represent and warrant that i) You would be solely responsible and liable for the information uploaded, edited, modified in the Software provided by Jindal Productions Pvt. Ltd.. ii) You shall be solely responsible and liable for any dispute arising out of your usage of our services. iii) You acknowledge and confirm that you will be subject to the rules, guidelines, policies, terms, and conditions applicable to the JD Omni. Jindal Productions Pvt. Ltd. reserve the right, at its discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. iv) You undertake to provide a copy of the licenses/ registrations (in case of corporate body) including but not limited to valid Identity proofs such as ration card, adhar card, voter id card and residential proofs such as electricity bill, telephone bill etc., (in case of individual) required to use our services. v) You acknowledge that any breach of the covenants set forth here may be a cause for termination of your service by Jindal Productions Pvt. Ltd., at its sole discretion. vi) You agree that at all times, you will maintain appropriate records relating to the usage of our services and shall allow Jindal Productions Pvt. Ltd./ Government, /statutory authorities and any other appropriate entities to examine, inspect, audit and review all such records and any source document pertaining to the services. vii) You hereby undertake to upload the terms and conditions on your website which will be applicable to the user of your websites who visit you website for any purposes including but not limited to buys the product/s or avails the services whether online or otherwise. viii) You shall ensure and take all appropriate security measures to prevent unauthorized disclosure and/or access of any details such as user ids, passwords, sensitive personal information or any other information of any end-customers/ Customers, third party which are obtained by you in any manner whatsoever. ix) You shall make available any and all customer assistance channels to assist and guide the end-customers/ Customers using your services and respond to any queries and address any issues that may arise in using Jindal Productions Pvt. Ltd. services. x) You shall cooperate with Jindal Productions Pvt. Ltd. and render assistance to it for connecting the respective JD Omni systems of the Parties. xi) You shall take all such precautions and measures to ensure that there is no breach of security. You shall work upon developing and implementing various security mechanisms at your own cost and ensure that there are proper encryption and robust security measures to prevent any hacking into the information and other data store on your computer system. xii) You acknowledge that responsibility for all content provided by you to Jindal Productions Pvt. Ltd. for the performance of the Services or otherwise included in the Website is the sole and exclusive responsibility of yours and that Jindal Productions Pvt. Ltd. will not be held responsible in any way for any copyright infringement or violation, or the violation of any other person’s rights or the violation of any laws, including but not limited to infringement or misappropriation of copyright, trademark or other property right of any person or entity, arising or relating to the Content. xiii) You before providing the services to the end user through (JD Omni), shall be liable to check VAT/any other tax rates applicable on each and every product sold or services provided by you. Jindal Productions Pvt. Ltd. shall not be liable for any error in any VAT/any other tax rates in the services provide through JD Omni. xiv) Jindal Productions Pvt. Ltd. shall not be liable to update any changes in the VAT/any other tax rates in JD Omni. You shall be liable to update the VAT/ any other tax rates from time to time as per applicable laws on the products sold or services provided by you. xv) You acknowledge and agree that we may elect at its sole discretion to monitor the Content. We shall have the right, but not the obligation, to remove the content which is deemed, in our sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law. xvi) You agree to use the Services for legal purposes only. In the event that we become aware or reasonably believe, in its sole discretion, that the Services is being used for illegal purposes, we shall immediately terminate the Agreement and the Services as per our discretion, without notice, in addition to any remedies to which it (Jindal Productions Pvt. Ltd.) may be entitled under law. xvii) Any attempt to undermine or cause harm to a server of ours is strictly prohibited. This includes, but is not limited to, attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your server, or anything that causes server malfunction. Failure to comply is subject to immediate account deactivation without refund. xviii) On the receipt of payment Jindal Productions Pvt. Ltd. grants you the right/access to install and run one copy of the JD Omni only on one computer/PC. For a single license You will use/install JD Omni only in one outlet and if you intent to utilize JD OMNI for your another/additional outlet then you will have to make additional payment for availing JD Omni on the price/charges determined by Jindal Productions Pvt. Ltd. from time to time.
You acknowledge that you are not acquiring title to or any interest in any Jindal Productions Pvt. Ltd. Product and Service other than right to use the same. Your right to use of our Product and Service is conditioned upon your timely payment of the full amount of Fees due for Product and Service and your compliance with the terms of this agreement, including the following restrictions. When the Term expires, your rights to use the Product and Service also expire and you may no longer use the Product and Service.
Client will not make any unauthorized, false, misleading, or illegal statements in connection with this Agreement or regarding the Product and Service. Client will not make any representations or warranties concerning the Product and Service on behalf of Jindal Productions Pvt. Ltd..

19) DISCLAIMER OF WARRANTY: i) This Product and Service is available to you “as-is whereas basis." You bear the risk of using it. Jindal Productions Pvt. Ltd. gives no express warranties, guarantees or conditions. Jindal Productions Pvt. Ltd. will make all reasonable efforts to provide uninterrupted access and hosting services subject to down time and regular maintenance. However, notwithstanding anything in this Agreement, you acknowledge that Jindal Productions Pvt. Ltd. and its business partners disclaim all warranties including but not limited to express or implied, written or oral. Jindal Productions Pvt. Ltd. shall not be responsible or liable if any unauthorized person hacks into or gains access to your website. In addition Jindal Productions Pvt. Ltd. shall not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data or business; interruption or stoppage to the access to and/or use of our service; interruption or stoppage of services etc. Jindal Productions Pvt. Ltd. does not warrant that hosting services will be provided uninterrupted or free from errors or it is free from any virus or other malicious, destructive or corrupting code, program or macro. No advice or information, whether oral or written, obtained by you from Jindal Productions Pvt. Ltd. or through or from Jindal Productions Pvt. Ltd. shall create any warranty. Jindal Productions Pvt. Ltd. shall have no liability in this respect. ii) Jindal Productions Pvt. Ltd.’s sole obligation and the your sole and exclusive remedy in the event of interruption services, or loss of use and/or access to service, shall be to use all reasonable endeavors to restore the Services as soon as reasonably possible.

20) LIMITED WARRANTY: i) EXCEPT FOR THE ABOVE WARRANTY, THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES ARE PROVIDED "AS IS WHEREAS BASIS". THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES IS ASSUMED BY CLIENT. NEITHER JINDAL PRODUCTIONS PVT. LTD., NOR AGENTS OF JINDAL PRODUCTIONS PVT. LTD., NOR THE CREATORS OF THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES, WARRANT OR GUARANTEE THE RESULT TO BE OBTAINED WITH THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES IN TERMS OF CORRECTNESS, RELIABILITY OR LEGALITY. THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF THE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ii) THE LIABILITY OF JINDAL PRODUCTIONS PVT. LTD. OR ANY AGENT OF JINDAL PRODUCTIONS PVT. LTD. OR ANY CREATOR OF THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES UNDER THE LIMITED WARRANTY SET FORTH ABOVE SHALL BE LIMITED TO AND NOT EXCEED THE AMOUNT PAID BY CLIENT FOR THE PROGRAM SOFTWARE MEDIA AND RELATED SOFTWARE AND MATERIALS. IN NO EVENT SHALL JINDAL PRODUCTIONS PVT. LTD., OR ANY AGENT OF JINDAL PRODUCTIONS PVT. LTD., OR ANY CREATOR OF THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES, BE LIABLE FOR ANY LOSS OF PROFITS OR ANY OTHER DAMAGES INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CLIENT.

21) INDEMNITY: You shall defend, indemnify, and hold harmless Jindal Productions Pvt. Ltd., its officers, employees, agents, Representatives from and against any claims, liability(ies), demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses incurred or suffered by Jindal Productions Pvt. Ltd. (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or in relation to or in connection with: i) breach of any provision of this Agreement or non-performance of any of its obligations under this Agreement by you; or ii) anything done or omitted to be done by you due to gross negligence, willful default or willful misconduct you or any of your officers, directors, employees or agents. iii) or resulting from Your business operations or use of Software provided by Jindal Productions Pvt. Ltd..

22) TERMINATION: i) The right to use our Product and Service hereunder shall continue subject to payment of fees as prescribed by Jindal Productions Pvt. Ltd., time to time or unless and until terminated pursuant to Clause (ii) hereof and subject to your proper performance of its obligations hereunder. ii) Jindal Productions Pvt. Ltd. has the right to terminate this Agreement upon any material breach of terms and conditions by you. In the event of termination by client for any reason, Jindal Productions Pvt. Ltd. will not refund the amount paid by you. On termination you shall forthwith return or destroy all data, information and software program and its updated versions, and provide written intimation of the same to Jindal Productions Pvt. Ltd.. iii) You agree that any breach of one or more provisions of this Agreement that threatens to, or causes Jindal Productions Pvt. Ltd. substantial harm is a material breach. Furthermore, any breach of the confidentiality, or non-competition provisions by you, or failure to make payments, shall be considered material breaches. Furthermore, any conduct or negligence that adversely affects the business or good will and brand name of Jindal Productions Pvt. Ltd. will be considered a material breach Jindal Productions Pvt. Ltd. Under such circumstances shall terminate the agreement without any further notice . iv) Upon termination of this agreement, Jindal Productions Pvt. Ltd. shall retain all proprietary technology and services provided to you, and shall render inoperable all Subscriber websites and software after allowing for a commercially reasonable and orderly transition by you. Each Party shall return or destroy all originals and copies of any Confidential Information of the other Party regarding this agreement.

23) PROHIBITED ACTIVITIES: i) The following content and activities may not be displayed or promoted by you and any person on your behalf nor Associated in any way with the Client's account or Jindal Productions Pvt. Ltd.'s services. Jindal Productions Pvt. Ltd. shall be the sole arbiter as to what constitutes violation of this provision. ii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that belongs to another person and to which the user does not have any right to; iii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; iv) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that infringes any patent, trademark, copyright or other proprietary rights; or that violates any law for the time being in force; v) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; vi) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. vii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information/contents on the website that promotes any illegal or prohibited activity. viii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that may be damaging to Jindal Productions Pvt. Ltd.'s servers or to any other server on the Internet. ix) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that promotes or sale of unsolicited or bulk e-mail (SPAM) software or services or unsolicited or bulk e-mail or group posts (SPAM) which references and/or is traceable to Jindal Productions Pvt. Ltd. and/or any Client in any way. x) Your sending any promotional emails/sms to your consumers and Jindal Productions Pvt. Ltd. assumes no responsibility, liability including but not limited to the issues arising in connection with your customers being registered in DO NOT CALL/ DND registry with the Telecom Regulatory Authority of India. xi) You and any person on your behalf 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. xii) You and any person on your behalf shall not, knowingly or intentionally conceal, destroy or alter or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer program, computer system or computer network of Jindal Productions Pvt. Ltd., without the permission of Jindal Productions Pvt. Ltd.. xiii) You and any person on your behalf shall not, fraudulently or dishonestly, make use of the electronic signature, password or any other unique identification feature of any other person and you shall not misuse the computer resource of Jindal Productions Pvt. Ltd., without it permissions, and further shall not use the said devices for cheating by personating. xiv) You and any person on your behalf shall not access or use of an Internet account or computer resources without the owner's authorization and further shall not download, copy or extract any data, computer data base or information from such computer network in any manner whatsoever; xv) You and any person on your behalf shall not introduce or causes to be introduced any computer contaminant or computer virus into any computer system or computer network and damages or causes to be damaged any computer system or computer network, data, computer data base or any other programs residing in such computer system or computer network. xvi) You and any person on your behalf shall not, disrupt or causes disruption of any computer, computer system or computer network or denies or causes the denial of access to any person authorized to access any computer system or computer network by any means. xvii) You and any person on your behalf shall not, destroy, delete or alter any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means and steel, conceal, destroy or alter or cause any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage. xviii) You agree that you and any person on your behalf shall not indulge or conspired, in any manner whatsoever in the aforesaid illegal activities. Jindal Productions Pvt. Ltd. shall have the right, but not the obligation, to remove the Content which is deemed, in Jindal Productions Pvt. Ltd.’s sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law. xix) You are strictly prohibited from installing any third party software on our services without the express written authorization of Jindal Productions Pvt. Ltd.. In the event that you install third party software on Jindal Productions Pvt. Ltd.’s servers without the express written authorization of Jindal Productions Pvt. Ltd., Jindal Productions Pvt. Ltd. at its discretion shall have the right to terminate the Services without any notice.
You may not copy or use any Software program in any manner that is not expressly allowed under this agreement; You may not use our Software program or its output to develop or enhance any product that competes with a Jindal Productions Pvt. Ltd. software; You may not disclose the results of any benchmarking of a Software program (whether or not the results were obtained with assistance from Jindal Productions Pvt. Ltd.) to any third party; or You may not use a Software program in the development of any product if the failure or malfunction of that product could reasonably be expected to result in personal injury, death, or catastrophic loss.
You are prohibited to use, publish, email, reproduce, disclose, furnish, reveal, communicate, transfer or make accessible to any other person for any purpose any information that you encounter, acquire or learn about in connection with this agreement and Jindal Productions Pvt. Ltd. has not given you written authorization to disclose or made available to the public, except as needed in the course of and for the benefit of the client. You are not indulging in any kind of piracy of software and also unauthorized, copying, downloading, sharing, selling, distribution or installing multiple copies onto personal or work computers of copyrighted software.
You are strictly prohibited from installing any third party software on our program without the express written authorization of Jindal Productions Pvt. Ltd.. In the event that you install third party software on Jindal Productions Pvt. Ltd.’s servers without the express written authorization of Jindal Productions Pvt. Ltd., Jindal Productions Pvt. Ltd. at its discretion shall have the right to terminate the Services without any notice.
You hereby expressly agree that you shall not directly or indirectly host, display, upload, publish, transmit, or deal in the "BANNED PRODUCTS & SERVICES" at any time during the tenure of this Agreement. Without prejudice to the Jindal Productions Pvt. Ltd.’s other rights & privileges, you bind yourself unequivocally to be solely liable for, including but not limited to, any legal actions and suits, and to make good to Jindal Productions Pvt. Ltd. immediately upon demand damages suffered by Jindal Productions Pvt. Ltd. directly or owing to claims by any third party, levy of assessment fees or fines, penal actions taken by Card Associations, the Banks, the RBI and any other statutory or competent authorities for any breach of any terms of this Agreement, including the dealing in the "BANNED PRODUCTS & SERVICES"

24) CONTENT OWNERSHIP: i) Jindal Productions Pvt. Ltd. maintains control and ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. Client shall keep the rights of ownership and use of his own domain name(s) even if Client changes Jindal Productions Pvt. Ltd.. In case of disputes regarding authority over domain names, Jindal Productions Pvt. Ltd. will follow industry standard practice of giving ultimate authority to the domain name registrant. Jindal Productions Pvt. Ltd. maintain control and ownership of any copyright, proprietary and/or licensed software, scripts, programs, images, or other electronic data or media installed and or provided by Jindal Productions Pvt. Ltd.. ii) All contents stored by you shall at all times remain the property of yours. You grant to Jindal Productions Pvt. Ltd. non-exclusive, world-wide licence to the content only to the extent necessary for Jindal Productions Pvt. Ltd. to host the website. Jindal Productions Pvt. Ltd. uses the information it collects through the software features to upgrade or fix the software and otherwise improves the products and services. Additionally, you agree that Jindal Productions Pvt. Ltd. may use and disclose the information and you would be deemed to have given your consent to contact you for any business promotion of Jindal Productions Pvt. Ltd. and its affiliates.

25) NON-COMPETE: During the term of this Agreement, and for a period of 2 (two) years after the termination of this Agreement, You agree not to develop or create any program of its own that is comparable in functionality or would compete with Jindal Productions Pvt. Ltd.’s service in any way. You shall not directly, or through third person(s) or entity(s), attempt to develop, engineer, reverse engineer, create or re-create, any service that is comparable in functionality or concept with our service as outlined in this agreement. You shall not decompile, disassemble, or reverse engineer Jindal Productions Pvt. Ltd. Materials or attempt to discover source code or other information concerning Jindal Productions Pvt. Ltd. Materials including, without limitation, its design. You will not create any derivative work, program or product based on, or derived from JD OMNI, or use any information learned from JD OMNI to create any other program or product. You will not allow, encourage, facilitate, or assist any third party to do anything. You would be precluded from doing under this provision.

26) CONFIDENTIALITY: You shall not disclose to any third party or use, except in connection with the performance of Services hereunder, any confidential information of Jindal Productions Pvt. Ltd.’s business (“Confidential Information”) in the course hereof. Confidential Information shall include; i) Jindal Productions Pvt. Ltd. software program and plans for the Website ii) Specifications of Jindal Productions Pvt. Ltd.’s software program and any future development plans iii) Concepts relating to Jindal Productions Pvt. Ltd. software program not disclosed from the operation of the Website iv) Trade secrets of Jindal Productions Pvt. Ltd. v) Information derived from providing the Services when Website is in operation, including but not limited to: 1) identities, contact information and credit card information of users (if applicable) 2) confidential information of the Website’s use, such as number of users, unique visitors and unique visits (if applicable) ii) Notwithstanding the forgoing, this confidentiality obligation shall not apply to any information which is already known to the public or produced in compliance with applicable law or a court order, provided you shall promptly notify Jindal Productions Pvt. Ltd. so as to enable Jindal Productions Pvt. Ltd. to seek a protective order or other appropriate remedy. You will return all the confidential information to Jindal Productions Pvt. Ltd. within 30 (thirty) days from the expiry or the early termination of this agreement. The obligations contained in this Clause shall survive the termination of this Agreement
Notwithstanding the forgoing, in the event Jindal Productions Pvt. Ltd. receives a validly issued administrative or judicial order, notice, warrant or other process that requires Jindal Productions Pvt. Ltd. to share/disclose the confidential information then it shall be free to disclose all or part of the Confidential Information or is otherwise required to disclose any Confidential Information in order to comply with any law.

27) PRIVACY: Jindal Productions Pvt. Ltd. and Client will mutually keep the data private and not share or reuse the other party's data, and put in place all normal reasonable security measures to protect each other's data, including corresponding NDA agreements with employees and contractors. Client recognizes that Jindal Productions Pvt. Ltd. can be required to provide data to legal authorities upon valid legal injunction, and to comply to such injunctions with or without Client's authorization or consent. Furthermore, Client understands there is no absolute security, and in order to limit consequences of any accidental exposure, Client agrees to not use the Hosting storage for data beyond the data required for the Hosting. Client authorizes Jindal Productions Pvt. Ltd. to backup and archive the Servers on-site and off-site, including Client's data and Sites for the purpose of continuous Hosting operations, and to maintain Server logs required for Jindal Productions Pvt. Ltd.'s technical operations and legal compliance. This authorization does not imply that Jindal Productions Pvt. Ltd. must make or keep such backups, archives and logs. In case of suspected unauthorized use, or complaint, Jindal Productions Pvt. Ltd. can, but must not, inspect Client data and traffic for compliance check purposes, prior to his decision to take measures.

28) SECURITY: Client has taken adequate encryption and security measures to maintain its computer resources secured under this agreement. You must ensure that you use the software through a secure network that requires a protective security safeguards. You shall comply with the security standards, as prescribed by the governments and implements the security management and procedures, network architecture, software design, and other critical protective measures to protect data and information.
You shall be solely responsible for undertaking measures to: i) prevent any loss or damage to your website or server content; ii) maintain independent archival and backup copies of your website or server content; and iii) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers. iv) we shall have no liability to you or any other person for loss, damage or destruction of any of your content. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Services as: i) a repository or instrument for placing or storing archived files; and/or ii) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account. Any attempts to undermine or cause harm to any server is strictly prohibited. This includes, but is not limited to attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your Server, or anything that causes Server malfunction. Failure to comply is subject to immediate account deactivation.

29) CENSORSHIP:Jindal Productions Pvt. Ltd. will exercise no control whatsoever over the content of the information passing through the network, email or website.

30) AUDIT AND COMPLIANCE: Jindal Productions Pvt. Ltd. may audit (using its own employees and those of an independent auditing firm that is subject to appropriate confidentiality obligations) your use of the Software and Documentation to verify your compliance with this agreement. You agree to give Jindal Productions Pvt. Ltd. (or the auditing firm) reasonable access to your facilities and records for purposes of conducting these audits. Jindal Productions Pvt. Ltd. will give you reasonable advance notice before conducting an audit. Audits will be conducted during normal business hours and no more than once per year, unless Jindal Productions Pvt. Ltd. has a good-faith basis for believing that more frequent audits are warranted. Jindal Productions Pvt. Ltd. will bear all the costs it incurs (including the fees and expenses of the auditing firm, if any) in conducting an audit, unless the audit reveals that you have failed to comply with this agreement in a material way, in which case you agree to reimburse Jindal Productions Pvt. Ltd. for these costs, in addition to other Damages.

31) INTELLECTUAL PROPERTY RIGHTS: This Software is owned by Jindal Productions Pvt. Ltd. and is subject to protection under the copyright, patent and trademark laws of the India and other countries. You shall not have any right to use or reproduce in any manner any intellectual property owned by Jindal Productions Pvt. Ltd., including any trademarks, trade names, logos etc. ii) Jindal Productions Pvt. Ltd. owns and retains all ownership and proprietary rights relating to services and its programming architecture, including, but not limited to, HTML code, program code, graphical code, design, technique, and all proprietary rights in the Services and all software code and content relating to the Services etc.. This Agreement does not transfer, sell, assign, or entitle you to any of our source codes, programming documentation, or trade secrets except as provided in the this Agreement. During the term of this Agreement, Jindal Productions Pvt. Ltd. grants you, a right to use our services in connection with the use and maintenance of our service, consistent with the terms of this Agreement.

32) MISCELLANEOUS: i) No Guarantee of Business: Jindal Productions Pvt. Ltd. does not guarantee that by installing and using of this software, your business/profit will increase. ii) No Marketing: Jindal Productions Pvt. Ltd. is not obliged and does not promote you business. Jindal Productions Pvt. Ltd.’s obligation under the Contract is limited to the obligations of providing access to software upon the receipt of requisite payment from your end. iii) Entire Agreement: This Agreement constitutes the entire Agreement and understanding between the Parties, and supersedes any previous agreement or understanding or promise between the Parties, regarding the Software. iv) Supersession- This Agreement supersedes all prior agreements and understandings (whether written or oral) between Jindal Productions Pvt. Ltd. and the Clients, or any of them, with respect to the subject matter hereof. v) Amendment – Jindal Productions Pvt. Ltd. is entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to You. It shall be Your sole responsibility to visit Jindal Productions Pvt. Ltd. Website and update himself / herself of the changes to the Terms of Service. vi) Severability: If any provision of this Agreement is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions of this Agreement unlawful or otherwise ineffective, the remainder of this Agreement shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted. vii) Waiver: Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy. viii) Survival of Provisions: The terms and provisions of this Agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this Agreement. ix) Force Majeure: Jindal Productions Pvt. Ltd. shall not be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, hacking, virus prone, technical glitch, defacement, sabotage, stoppage of display or transmission of the website, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control. x) Arbitration: In the event a dispute arises between the parties under this AGREEMENT, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 30 (thirty) days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Mumbai. The arbitration shall be conducted by a sole arbitrator to be appointed by Jindal Productions Pvt. Ltd. at its sole discretion. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration. xi) Assignments: You shall not assign, in whole or in part, the benefits or obligations of this Agreement unless otherwise mutually agreed in writing. xii) Notices: All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the addresses as mentioned in the title to this document. Notices may also be sent through emails. xiii) Non-Exclusive Right: It is expressly agreed and understood between the parties hereto that this Agreement is on a non-exclusive basis and Jindal Productions Pvt. Ltd. is free to provide similar services to third party. xiv) Governing Law and Jurisdiction: This AGREEMENT shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.

ANNEXURE ‘A’

Banned/Prohibited list of Products and Services referred to in this Agreement is as mentioned herein below:-

1. Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery an d other media); escort or prostitution services; website access and/or website memberships of pornography or illegal sites.
2. Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.
3. Body parts which includes organs or other body parts.
4. Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam).
5. Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free.
6. Child pornography which includes pornographic materials involving minors.
7. Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection
8. Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials
9. Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.
10. Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods
11. Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms
12. Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
13. Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction
14. Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrollment in online gambling sites, and related content
15. Government IDs or documents which includes fake IDs, passports, diplomas, and noble title.
16. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, website, or other protected property.
17. Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.
18. Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes.
19. Offensive goods which includes literature, products or other materials that:
    1. Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors
    2. Encourage or incite violent acts
    3. Promote intolerance or hatred.
20. Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals.
21. Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.
22. Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable, and radioactive materials and substances
23. Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications
24. Securities which includes stocks, bonds, or related financial products
25. Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products
26. Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products.
27. Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments
28. Wholesale currency which includes discounted currencies or currency exchanges
29. Live animals or hides/skins/teeth, nails and other parts etc of animals.
30. Multi Level Marketing collection fees
31. Matrix sites or sites using a matrix scheme approachc
32. Work-at-home approach and/or Work-at-home information
33. Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India.
34. Merchant providing services that have the potential of casting Jindal Productions Pvt. Ltd. and/or Payment System Providers in a poor light and/or that may be prone to ―Buy & Deny‖ attitude of the cardholders when billed (e.g. Adult material/ mature content/Escort services/ friend finders) and thus leading to chargeback and fraud losses.
35. Businesses or website that operate within the scope of laws which are not absolutely clear or are ambiguous in nature (e.g. Web-based telephony, website supplying medicines or controlled substances, website that promise online match-making).
36. Businesses out rightly banned by law (e.g. Betting & Gambling/ publications or content that is likely to be interpreted by the authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/sweepstakes & games of chance.
37. Merchant who deal in intangible goods/ services (eg. software download/ Health/ Beauty Products), and businesses involved in pyramid marketing schemes or get-rich-quick schemes. Any other product or Service, which in the sole opinion of either Jindal Productions Pvt. Ltd. or Payment System Providers , is detrimental to the image and interests of either of them / both of them, as communicated by either of them/ both of them to Merchant from time to time. This shall be without prejudice to any other terms & conditions mentioned in this Agreement.
38. Bulk marketing tools which includes email, lists, software, or other products enabling unsolicited email messages (spam).
39. Web-based telephony/ SMS/Text/Facsimile services or Calling Cards. Bandwidth or Data transfer/ allied services. Voice process /knowledge process services.
40. Mailing lists.

1.INTRODUCTION:
The Services (defined hereinafter) of ‘Jindal Productions Pvt. Ltd.’ is provided by Jindal Productions Pvt. Ltd. Limited, a company incorporated under the Companies Act, 1956 and having its registered office at Building M-501/B, Palm Court Complex, New Link Road, Malad (West), Mumbai-400 064 (“Jindal Productions Pvt. Ltd.”). Jindal Productions Pvt. Ltd. carries on the business of providing information about Vendors (defined hereinafter) of various products and services (“Information”) in selected towns and cities in India (“Service”) to end users. Jindal Productions Pvt. Ltd. Provides Users (defined below) with its search service with information and user reviews for Jindal Productions Pvt. Ltd. database of local business, products and services across India. Jindal Productions Pvt. Ltd. search service is available to users through multiple platform viz. Internet, mobile internet, telephone (voice, text & SMS). Jindal Productions Pvt. Ltd. is merely a medium which connects general public with vendor’s goods and services (“Vendors”) listed on Jindal Productions Pvt. Ltd. however at the same time it does not intend to guarantee any business to such Vendors. The Vendor details are specified at Page 1 of the contract, Vendors are hereinafter referred to as (“Advertiser”). Jindal Productions Pvt. Ltd.’s objective is to provide a quicker guide for up-to-date Information in a user friendly manner and via a medium that the end user is comfortable with. The end users of the Service are persons who may want to purchase goods / avail services and are seeking information about the Vendors of such goods and services (“Users”). These Terms (defined below) read with the contract form (“Contract Form”) and the invoice mentioned in Clause 11 constitute the entire understanding and Contract (“Contract”) between Jindal Productions Pvt. Ltd. and the Advertiser.

2) INTERPRETATION :

1. Contract means this Contract together with all Schedules and Annexures (if any);
2. References to a party hereunder shall include such party’s successors, permitted assigns and any persons deriving title under it;
3. The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of the content of such Clauses
4. The use of words in the singular or plural, or with a particular gender, shall not limit the scope or exclude the application of any provision of this Contract to such person or persons unless the context otherwise permits;
5. Any grammatical form of a defined term herein shall have the same meaning as that of such term; and The words “including” and “includes” herein shall always mean “including, without limitation” and “includes, without limitation”, respectively

3)SUBSCRIPTION:
Advertisers may be business houses, small medium enterprises, corporate entities, semi-corporate entities, establishments or individuals, who subscribe to the Service in order to list their company or business. Jindal Productions Pvt. Ltd. will provide only the Information about the Advertiser to the Users in the manner provided for in these Terms. Advertiser agrees and acknowledges that Jindal Productions Pvt. Ltd. does not guarantee any business to the Advertiser and is merely a medium through which information is made available to the general public.

4) GENERAL TERMS :

1. These Terms of Service, including any Annexures hereto, (“Terms”) along with the Contract Form set forth the terms and conditions under which the Advertiser may be identified as a Vendor to the Users. The Contract shall come into effect upon the Advertiser or any authorized agent of the Advertiser signing and delivering the Contract to Jindal Productions Pvt. Ltd. and upon the realization of consideration. (“Effective Date”). The Contract will override any previous understanding (whether written or oral) between the Advertiser and Jindal Productions Pvt. Ltd. on the subject matter hereof. The Contract shall be valid and effective for 1 (one) year or more from the Effective Date unless otherwise agreed by the parties and in accordance with the terms of the Contract subject to payment received under the Contract. The Contract would automatically stand renewed unless (a) the Advertiser intimates Jindal Productions Pvt. Ltd. by prior written notice (either by email or through registered post) at least 3 (three) months before the expiry of the 1 (one) year tenure, expressing their intention not to renew the Contract or (b) is terminated by either Party prior to renewal in accordance with these Terms. In the absence of any written communication by the Advertiser as to non-renewal after the expiry of the 1 (one) year tenure or unless terminated earlier by either Party, the Contract would stand automatically renewed on terms of this Contract. By agreeing to the terms of the Contract, the Advertiser shall be deemed to have consented unconditionally to all such addendums and amendments to the Contract without requirement of any specific notice or signature thereto. The Advertiser acknowledges and agrees that in case of conflict between this Contract and the terms and conditions (“Terms of Service”) contained on the Website, the Terms of Service as updated in website shall prevail. Jindal Productions Pvt. Ltd. is entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to the Advertiser. It shall be the sole responsibility of the Advertiser to visit the Website and update himself / herself of the changes to the Terms of Service. Any changes to or amendment to these Terms or the Terms of Service will be deemed to take effect from the Effective Date and will be binding on the Advertiser.
2. Subject to terms set out in Clause above, it is clarified that the automatic renewal of the Contract will also be subject to sufficient credit balance of Advertiser being available in the Advertiser’s account with Jindal Productions Pvt. Ltd.. It is further clarified that in ECS/ CCSI mandate should be active and the payment should be honored on the stipulated date for the purposes of renewal of the contract.
3. The automatic renewal of this Contract is subject to the absolute discretion of Jindal Productions Pvt. Ltd.. The amount mentioned in the Contract Form along with any other document which forms a part of this Contract (“Total Fee”), is the decided fee for the provision of Services and shall not be reviewed at any point except at the discretion of Jindal Productions Pvt. Ltd.. By accepting these Terms, the Advertiser confirms to pay the Total Fee on the terms set out therein.
4. Advertiser hereby authorizes that upon the execution of ECS / CCSI MANDATE Jindal Productions Pvt. Ltd. is authorized to DEDUCT minimum of 9 months ECS, thereafter Advertiser has the option of terminating the contract. The Advertiser shall only terminate the Contract upon the completion of minimum tenure of 9 months from effective date which can be terminated by giving prior 3 (Three) months written notice (either by email or through registered post) to its bill due date, expressing intentions of discontinuing the Services.
5. In respect of Platinum, Diamond (which are Premium position listings) or any other Listings, where the payment mode and manner opted by the Advertiser is Electronic Clearing Service (ECS) or Credit Card Standing Instruction (CCSI), the Contract would be automatically renewed as mentioned in Clause 4 of these Terms, however such automatic renewal is subject to the condition that same will be so renewed at revised values (commercials) as existing on the date of automatic renewal and on such other terms as may be determined solely by Jindal Productions Pvt. Ltd.. Notwithstanding anything contained in this Contract, the automatic renewal and the terms of such renewal will be at the absolute discretion of Jindal Productions Pvt. Ltd..
6. It is clarified that, irrespective of whether the Advertiser has registered or not registered their entity/ firm’s contact numbers in the “Do Not Call” registry of Telecom Regulatory Authority of India (TRAI), or any other statutory body, upon the signing and acceptance of the Contract, the Advertiser would be deemed to have given their consent and authorized Jindal Productions Pvt. Ltd. to share the Advertiser’s details and contact numbers for business and promotional purpose with Users of the Service. Further the Advertiser, by signing and accepting the terms of the Contract, has given his consent to Jindal Productions Pvt. Ltd. to contact him for any business promotion of Jindal Productions Pvt. Ltd.. The Advertiser confirms that Jindal Productions Pvt. Ltd. shall be at liberty to carry out all the obligations undertaken under the Contract. The Advertiser also undertakes to take all such measures as may be necessary to ensure that the Users do not encounter any difficulty in contacting the Advertiser. In the event the Users are unable to contact the Advertiser it would not be deemed to any deficiency in the Services rendered by Jindal Productions Pvt. Ltd.. The Advertiser undertakes to comply with all the present and future TRAI regulations or regulations of any other regulatory bodies on subject matter covered under this clause and would ensure that User or Jindal Productions Pvt. Ltd. will not face any difficulty in contacting the advertisers or for the purposes of entering into this Contract.

5) INFORMATION DISSEMINATION :
Jindal Productions Pvt. Ltd. currently disseminates Information to the Users through different platforms, viz., telephone, internet, WAP (Wireless Access Protocol) and Wireless (SMS short code) SMS and Whatsapp. Jindal Productions Pvt. Ltd. may, at its discretion cease providing Information over any of the above platforms or provide Information over other platforms or modify the manner in which Information is provided over any of the existing platforms, as it may deem fit, from time to time.

6) ADVERTISER LISTINGS :
This refers to the various kinds of Advertising listings that can be selected by the Advertiser. Jindal Productions Pvt. Ltd. provides the following kinds of Advertising listings (“Listings”): (i) Platinum Listing,(Premium Position) (ii)Diamond Listing, (Premium Position) (iii)Package Listing. (Normal Position) (iv) SMS Promotion. (v)Other promotions as may be specified. (vi) The Advertiser agrees that it shall list itself under the Listing which is mentioned in Clause 6 of the Contract. (vii) Jindal Productions Pvt. Ltd. reserves the right to change the aforesaid Advertising Listing options by adding new listings or deleting the existing listings or adding, deleting, modifying or merging any categories or keywords. In the event the listing applied for in the Contract Form is no longer available, Jindal Productions Pvt. Ltd. shall endeavor to allot similar Listing to the Advertiser. The final decision making power with regard to Listing shall however vest in Jindal Productions Pvt. Ltd. and such decision shall be final and binding on the Advertiser.

6A) VFL (Verified Listing) Package :
The terms as mentioned under Clause 6A shall only be applicable to VFL Package:
Jindal Productions Pvt. Ltd. will be providing VFL package under promotional scheme to Advertiser as per the terms as mentioned under the terms of use. In VFL package, a) Jindal Productions Pvt. Ltd. will display the “JD Verified” logo in Advertiser’s business listing. The verified logo would be visible as long as the advertiser’s business listing is active on Jindal Productions Pvt. Ltd. portals subject to the terms mentioned under terms of use. b) Jindal Productions Pvt. Ltd. for a consideration as determined and paid by the advertiser shall provide the advertising listing services under VFL package for period upto one (1) year. c) Jindal Productions Pvt. Ltd. for the purposes of disseminating information shall provide life time services under this package. The lifetime services shall be made available to advertiser provided advertiser's business listing is active on Jindal Productions Pvt. Ltd. portals as per applicable terms of service & as per Jindal Productions Pvt. Ltd.'s business requirement. Jindal Productions Pvt. Ltd. shall not be liable in any manner to provide the services or otherwise in the event of failure on the part of advertiser’s to honour the payment for VFL package. Jindal Productions Pvt. Ltd. reserves its right to determine the listing in the event of non-payment for its services and as per its business requirement.
Notwithstanding anything contained hereinabove, all other clauses specified under “Terms of Service for Advertiser” shall remain applicable in full force to the Advertiser who has obtained services under VFL from Jindal Productions Pvt. Ltd..“

7) LISTING FEES:
The Advertiser agrees to pay a non-refundable Listing Fee for the Services, which will be determined by Jindal Productions Pvt. Ltd. at the time of entering into this contract. The (“Listing Fee”) shall be paid by the Advertiser in advance simultaneously with the signing of the Contract.

8) PAYMENT MODES :

1. Jindal Productions Pvt. Ltd. allows the Advertiser to make the remaining payments for the Services, after payment of the Service Fee, i.e., the Total Fee excluding Service Fee (“Subscription Fee”) by way any of the following modes: (i) Cheque; (ii) Demand Draft; (iii)RTGS (Real Time Gross Settlement); (iv) ECS (Electronic Clearing Service); and, (v) CCSI (Credit Card Standing Instruction) (vi) NACH (National Automated Clearing House)
2. It is hereby clarified that Jindal Productions Pvt. Ltd. does not encourage/prefer that payments be made in cash. Any cash payments made by the Advertiser pursuant to a contract with Jindal Productions Pvt. Ltd., shall be at the sole risk of the Advertiser, without any recourse to Jindal Productions Pvt. Ltd..
3. Payments can be made by the Advertiser either weekly, fortnightly, monthly, quarterly and half-yearly as directed by Jindal Productions Pvt. Ltd.. Jindal Productions Pvt. Ltd. shall make best efforts to activate the contract within 14 (Fourteen) working days from the date of receipt of the Service Fee into its bank account, for the respective Listing (subject to delay due to technical malfunctions). However Jindal Productions Pvt. Ltd. will not be liable in any manner for any delay in activating the contract of an Advertiser.
4. The Advertiser hereby agrees that it shall make the payment via such mode which is mentioned on the Clause 8 of these Terms. Any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881. The Advertiser shall also be liable to pay interest @18 % per annum during that period.

9) CONSEQUENCES OF NON-PAYMENT OF SERVICE FEE / ECS AMOUNT:
If an advertiser opt the lump sum payment mode while entering into the contract then the tenure of the contract will be equivalent to the amount paid by the advertiser.

10) LUMP SUM PAYMENT MODE:
In the event the Advertiser fails to make any payment, including the Service Fee or the ECS amount, in time and as per the payment plan chosen by him, Jindal Productions Pvt. Ltd. may, in its sole discretion, suspend the Advertiser’s Listing or access to the Service, as the case may be, until necessary payments are made by the Advertiser. Further, the Advertiser agrees and acknowledges that the Advertiser shall be deemed to have waived his rights to the Service and the Advertiser’s listing for the period during which the Service and the Listing is suspended for non-payment. The right of Jindal Productions Pvt. Ltd. to suspend the Service and the Listing shall be without prejudice to Jindal Productions Pvt. Ltd.’s right to terminate the Contract for any material breach committed by the Advertiser. Advertiser hereby acknowledges that the opted position/listing will be released to other advertisers in the event of non-payment of Service fee or ECS amount without any notice/intimation from Jindal Productions Pvt. Ltd..

11) ISSUANCE OF INVOICE :

1. On receipt of the Service Fee and activation of the Listing thereafter, Jindal Productions Pvt. Ltd. will issue an invoice to the Advertiser containing, interalia, the following details: (i) The Total Fee including the fees paid and payable as on the date of the invoice; (ii) The Listing allotted to the Advertiser; and (iii) Description of the products and services of the Advertiser.
2. It is hereby clarified that in the event of a conflict between the information relating to Sub-clauses (I), (ii) and (iii) above, as contained in these Terms and in the Invoice, the provisions of the invoice shall prevail.
   Invoice is valid subject to realization of payment.

12) PRIORITY OF INFORMATION ABOUT ADVERTISERS:
For Jindal Productions Pvt. Ltd., providing Information that is relevant to the User is a priority. The User has to identify the location and category in respect of which he is seeking Information and Jindal Productions Pvt. Ltd. will provide such Information (subject to availability of such information) based on such choice. Amongst the Vendors who fall within the parameters identified by the User, Information about Vendors registered with Jindal Productions Pvt. Ltd., that is, the Advertisers is first provided on best effort basis, subject to delays due to any technical malfunction. Priority among Advertisers i.e., determined on the basis of the listing selected by the Advertiser and on the basis of Total Fee to be paid by the Advertiser. Nothing contained in the Contract shall be deemed to restrict or prevent Jindal Productions Pvt. Ltd. from providing Users with Information about other Vendors whether in priority to the Advertisers or otherwise, as Jindal Productions Pvt. Ltd. may in its sole discretion determine. The Advertiser acknowledges that Jindal Productions Pvt. Ltd. will merely convey the Information to the Users on demand and does not guarantee that any of such User requests will result in business prospects for the Advertiser.

13) NO GUARANTEE OF BUSINESS:
Jindal Productions Pvt. Ltd. does not guarantee that enquiries/leads will be generated by it for the Advertiser or that any of such enquiries/leads will be converted into business for the Advertiser.

14) NO MARKETING:
Jindal Productions Pvt. Ltd. is not obliged and does not market the offerings of Advertiser and shall not be obliged to recommend Advertiser to the Users. Jindal Productions Pvt. Ltd.’s obligation under the Contract is limited to the obligations explicitly set out herein and in no event does Jindal Productions Pvt. Ltd. undertake to generate or guarantee Enquiries or business to the Advertiser.

15) INDEMNIFICATION:
Advertiser shall indemnify and hold harmless Jindal Productions Pvt. Ltd., its affiliates, directors, officers, agents and employees from loss, or damage including attorney’s fee, arising from any claim asserted by any third party including any User due to or arising out of any action or inaction of Advertiser, its employees or agents, including but not limited to, intellectual property claims, any claims pertaining to incorrect or false information about the Advertiser that was provided to Jindal Productions Pvt. Ltd. and any claims including but not limited to the quality or usefulness of the products or services of the Advertiser.

16) CONFIDENTIALITY AND RELATED OBLIGATIONS:
The Advertiser shall keep any information regarding the Users of the Service (“User Information”) confidential both, during the subsistence of this Contract and after its termination. The Advertiser shall not, without the prior written consent of Jindal Productions Pvt. Ltd., transfer (whether for consideration or otherwise) User Information to any third party for any reason whatsoever. The Advertiser is specifically prohibited from using the User Information for purposes of seeking any commercial gain out of said User Information. In the event Jindal Productions Pvt. Ltd. is made aware of any such practice of the Advertiser in violation of the terms of this Contract, Jindal Productions Pvt. Ltd. shall be entitled to terminate the Contract as well as initiate such legal proceedings against the Advertiser, as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable law.

17) ADVERTISER OBLIGATIONS:
(a) Advertiser represents and warrants that (i) it is a bona fide business organization carrying on business in relation to the items disclosed to Jindal Productions Pvt. Ltd.; (ii) it has the rights to use the trademarks; (iii) the business carried on by Advertiser does not violate or infringe upon any law or regulation and all registrations, authorizations and /permission necessary approvals required for carrying on business have been procured by it; and (iv) all information provided about itself (Advertiser) to Jindal Productions Pvt. Ltd., is and shall at all times be accurate, valid and complete; (v) it would be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by the Advertiser to Jindal Productions Pvt. Ltd.) to Jindal Productions Pvt. Ltd..(vi) Advertiser shall not have right to terminate the contract upto 9 months from the date of activation of the contract. For the purpose of clarity it is agreed between the parties that Jindal Productions Pvt. Ltd. will not be liable to refund any ECS amount which has been deducted during the validity of the agreement. (b) Additional Covenants (i) The Advertiser acknowledges and accepts that any grievance as to the Services will be entertained only as long as the Contract remains in force and that Jindal Productions Pvt. Ltd. will not entertain such grievances post-expiry or termination of the Contract; (ii) Advertiser accepts that it is responsible to cross verify and ensure filling up of all the Advertiser details including but not limited to the contact information, information pertaining to its products/services provided by the Advertiser and keep Jindal Productions Pvt. Ltd. updated in this regard. Further the advertiser shall ensure that contract Form will be free from any handwritten notes or overwriting. In the event the relevant information form is not filled completely or accurately, the Advertiser would, by default, be bound by the explanation or description of the product/service or any other details of the Advertiser communicated by Jindal Productions Pvt. Ltd. to the Users or any other third party; (iii) Advertiser hereby agrees to keep proper receipts, invoices and details for the transactions entered into by it (Advertiser) and the User; (iv) The Advertiser undertakes to provide a copy of the licenses/ registrations or any other documents including but not limited to valid Identity proofs such as ration card, adhar card, pan card, passport, voter id card and residential proofs such as electricity bill, telephone bill, bank passbook etc, as required by it (Advertiser) to run the business. The Advertiser acknowledges that any breach of the covenants set forth herein may cause delay in activation, non-activation or termination of the Contract by Jindal Productions Pvt. Ltd., at its sole discretion. Advertiser further acknowledges that Advertiser shall not be entitled for any refund, compensation, damages, expenses, interest arising of out of business loss, claims, actions, inconvenience suffered by Advertiser from delay in activation of services , non-activation of services or termination of the contract due to their (Advertiser’s) fault of not providing documents, delay in providing the relevant documents or providing incomplete documents to Jindal Productions Pvt. Ltd.. It is further acknowledged by an Advertiser that Jindal Productions Pvt. Ltd. will be at no obligation to followup with Advertiser for the documents as mentioned herein and it will be Advertiser’s sole responsibility including but not limited to share all the relevant documents confirming their identity, address and business registration details with Jindal Productions Pvt. Ltd.. (v) Advertiser hereby agrees and undertakes that during the term of this Agreement and after its termination of this Agreement (for any reason), it will not directly or indirectly forward leads/enquiries to any third party, mis-utilize, cheat, solicit, or usurp or attempt to solicit, divert or take away any of Jindal Productions Pvt. Ltd.’s enquiries/leads. Any such conduct by Advertiser will lead to a termination of the contract and Jindal Productions Pvt. Ltd. at its discretion will initiate proceedings against advertiser before appropriate forum. (vi) Advertiser hereby agrees and confirms that during the term of this Agreement and after its termination (for any reason), Advertiser will not directly or indirectly either for itself or for any other commercial enterprise, solicit, divert, hire or attempt to solicit, divert or usurp, any of Jindal Productions Pvt. Ltd.’s employees, business or prospective users/callers. Advertiser shall not advertise or perform any solicitation, including but not limited to solicitation of users to use the services of Advertiser directly or promoting its services by any means whereby user are motivated to not to use the Jindal Productions Pvt. Ltd. website/services or to use the Advertiser website/services directly. Any conduct by Advertiser that in Jindal Productions Pvt. Ltd.’s discretion restricts or inhibits any other user/customer from using or enjoying the Jindal Productions Pvt. Ltd. services will not be permitted. During the term of this Agreement and for 5 (five) years after any termination of this Agreement, Advertiser will not directly or indirectly, in any capacity:- (a) solicit any users of Jindal Productions Pvt. Ltd. by means of providing discounts, gift coupons etc in the event users uses the website of Advertiser directly. (b) divert, entice, or otherwise take away from Jindal Productions Pvt. Ltd. the business of any user/customer, or attempt to do so, or (c) solicit or induce any user/customer to divert or reduce its relationship with the Jindal Productions Pvt. Ltd..

18) DISCLAIMER AND LIMITATION OF LIABILITY:
To the fullest extent permitted by law, Jindal Productions Pvt. Ltd. disclaims all warranties, express or implied, including without limitation for non-infringement, merchantability, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, Jindal Productions Pvt. Ltd. disclaims all guarantees regarding accurate Listing of the Advertiser. Advertiser understands that there may be errors in such positioning. Neither Jindal Productions Pvt. Ltd. nor the Advertiser will be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose or of any remedy except for Advertiser’s indemnification obligation. Jindal Productions Pvt. Ltd.’s aggregate liability to the Advertiser is limited to amounts paid to Jindal Productions Pvt. Ltd. by Advertiser during the 12 (twelve) months immediately preceding the date of the claim. Jindal Productions Pvt. Ltd. is also not liable for any claim owing to any misrepresentation of the information pertaining to the Advertiser so long as the information exhibited/ communicated by Jindal Productions Pvt. Ltd. conforms to the Information made available by the Advertiser or its authorized representative.

19) ADDITIONAL DISCLAIMER:

1. Advertiser confirms that it will be solely responsible and liable for allmatters between User and the Advertiser , including but not limited to transactions entered into between such User and the Advertiser. Further, it is hereby declared that Jindal Productions Pvt. Ltd. does not verify the identity of the User of the Service and that the information provided to Advertisers is the information received from the User and will not be independently verified by Jindal Productions Pvt. Ltd..
2. In the event of receipt of multiple complaints from the Users regarding the Advertiser or Advertiser’s product/service, Jindal Productions Pvt. Ltd. reserves the right to discontinue the provision of Service to the Advertiser or take any other action as deemed appropriate. Notwithstanding anything to the contrary contained in this Contract, Jindal Productions Pvt. Ltd. may also forfeit the amount lying to the credit of such Advertiser and terminate the Contract at its sole discretion.
3. Advertiser also agrees that at no time shall Jindal Productions Pvt. Ltd. vouch for or guarantee the performance of services or delivery of products by the Advertiser and Jindal Productions Pvt. Ltd. will not be liable for any non-payment of amounts due to the Advertiser by any User.

20) TERMINATION:

1. The Advertiser may only terminate the Contract, by giving 3 (three) months written notice (either by email or through registered post), prior to the automatic renewal of the same, stating his intentions of discontinuing the Services.
2. Jindal Productions Pvt. Ltd. reserves the right to terminate the Contract at any time, either with or without cause. If the Advertiser commits a breach of a material duty owed to Jindal Productions Pvt. Ltd., Jindal Productions Pvt. Ltd. may, at its discretion, call upon the Advertiser to rectify the breach within 21 (twenty one) days of the receipt of notice, failing which Jindal Productions Pvt. Ltd. may terminate the relationship between Advertiser and Jindal Productions Pvt. Ltd..
3. Upon termination of the Contract, Jindal Productions Pvt. Ltd. will not be bound to delist the Advertiser as a Vendor and cease disseminating Information of the Advertiser to the Users. However upon termination, Jindal Productions Pvt. Ltd. shall have the right to delist the Advertiser without prior intimation thereof to the Advertiser.
4. In case of technical difficulties in continuing the contract, Jindal Productions Pvt. Ltd. reserves the right to terminate the contract by giving written/oral intimation to the advertiser.
5. Upon termination of the Contract, either by efflux of time or by determination under this Contract, the balance of the deposit placed by the Advertiser with Jindal Productions Pvt. Ltd., if any, (after deducting payments for the period/tenure for which Services have already been provided by Jindal Productions Pvt. Ltd.) shall be retained by Jindal Productions Pvt. Ltd.. Under no circumstances, shall the Advertiser be entitled to claim a refund of amounts already paid to Jindal Productions Pvt. Ltd..

21) NOTICES:
Notices shall be sent by email or facsimile to the facsimile number/ email addressed notified by Jindal Productions Pvt. Ltd./Advertiser from time to time in writing and shall be followed by notice by registered post and dispatched through a reputed courier. Any notice refused by an Advertiser would be deemed to have been legally delivered and Advertiser will be deemed to have notice of the contents of such notice.

22) MODIFICATIONS TO TERMS OF SERVICE:
Jindal Productions Pvt. Ltd. reserves the right to change the terms of the Contract or the Terms of Service at any time without any prior notice to the Advertiser. Changes to the terms of the Contract or the Terms of Service shall come into effect upon from the time it is put up on the Website or by any other mode of communication as may be determined by Jindal Productions Pvt. Ltd.. For Terms of Service with Advertiser visit http://www.Jindal Productions Pvt. Ltd..com/Terms-of-Use.

23) TAXES:
Jindal Productions Pvt. Ltd. is entitled to charge the Advertiser for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services and Listing fees (including bids arising out of Advertiser's relationship with Jindal Productions Pvt. Ltd.) and Advertiser hereby agrees to pay the said taxes and charges promptly without raising any objections. Advertiser also agrees that in the event the said taxes and charges are not charged by Jindal Productions Pvt. Ltd. the same shall be paid by the Advertiser directly to the authorities concerned without raising any objection. The Advertiser further agrees that the taxes and charges payable under this Clause is in addition to the fee paid by the Advertiser for the Listing and Services rendered by Jindal Productions Pvt. Ltd.. i) All TDS deductions, form no. 16A should be sent at tds@Jindal Productions Pvt. Ltd..com ii) Advertisers fall in category of Advertisement Services under section 194C of Income Tax Act, wherein maximum TDS rate is mentioned as 2%. iii) Service Tax is levied as per existing government policy. iv) Pursuant to Income Tax circular No 1/2014 dated 13-01-2014 TDS should not be deducted on service tax.

24) MISCELLANEOUS:

1. Jindal Productions Pvt. Ltd.'s interpretation of the Contract shall be final and binding on Advertiser.
2. Advertiser agrees that no joint venture, partnership, employment, or agency exists between Advertiser and Jindal Productions Pvt. Ltd. and that the Advertiser is not entitled to bind Jindal Productions Pvt. Ltd. by its actions.
3. Jindal Productions Pvt. Ltd. is subject to existing laws and legal process and nothing contained in the Contract is in derogation of Jindal Productions Pvt. Ltd.'s right and obligation to comply with the law.
4. If any clause or part thereof of the Contract is held to be invalid or unenforceable then the invalid or unenforceable clause/ provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and is nevertheless valid and enforceable and the remainder of the Contract shall continue in effect. Such revision to the Contract will be deemed to have been in effect from the Effective Date.
5. Advertiser may not assign any rights or obligations against Jindal Productions Pvt. Ltd. without Jindal Productions Pvt. Ltd.'s prior written consent. Jindal Productions Pvt. Ltd. reserves the right to transfer any right or obligation against Advertiser by issuance of notice of such assignment to the Advertiser. Upon such assignment, the assignee shall be bound by the Contract in the same manner as Jindal Productions Pvt. Ltd. and Jindal Productions Pvt. Ltd. shall cease to have any liability to Advertiser. However, the Parties agree that Jindal Productions Pvt. Ltd. has an unfettered right to assign the Contract and the Advertiser is only entitled to a notice of such assignment. The Parties further agree that assignment of the Contract by Jindal Productions Pvt. Ltd. will not be subject to Advertiser’s consent.
6. Jindal Productions Pvt. Ltd. shall not be responsible for any delay or deficiency due to any force majeure events such natural disasters, acts of terrorism, civil labor strife, labor and transportation strikes. During a force majeure event, the obligations of Jindal Productions Pvt. Ltd. under the Contract will stand suspended.
7. Nothing in the Contract obliges or will be deemed to oblige Jindal Productions Pvt. Ltd. to provide any credit to the Advertiser.
8. Advertisers agrees that Jindal Productions Pvt. Ltd. reserves its right to present the payment mandates i.e. ECS / CCSI / NACH any number of times to receive its just dues / payments for the services rendered under this terms of service.

25) ARBITRATION:
All disputes, differences and/or claims arising out of the Contract shall be settled by Arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996 or any statutory amendment thereof. The dispute shall be referred to a single arbitrator who shall be appointed by the authorized representative/ Director of Jindal Productions Pvt. Ltd.. The Advertiser shall not challenge the nomination of Arbitrator or his award on the ground that the nomination is made by authorized representative/ Director of Jindal Productions Pvt. Ltd.. The arbitration proceedings shall be held at Mumbai and the arbitration shall be conducted in English Language. The award of the Arbitration shall be final and binding on the Advertiser and Jindal Productions Pvt. Ltd.. The arbitrator will pass a written and reasoned award and will be entitled to award cost of the proceedings.

26) ENTIRE CONTRACT:
These Terms, including any Annexures, along with the Contract Form hereto forms a single Contract between the Parties hereto and constitute the entire understanding between the Parties with regard to the subject matter hereof and supersede any other Contract between the Parties relating to the subject matter hereof.

27) AMENDMENTS AND WAIVERS:
No waiver by any Party of any term or condition of the Contract, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of the Contract on any future occasion.

28) INSTRUMENTS:
The contract is executed in duplicate and the advertiser has retained a carbon copy of this contract, both copies constitute one and the same contract.

1. Services:
Jindal Productions Pvt. Ltd. Messenger is one of the features of JD App which enables users to Chat, Group Chat, make Voice calls, share photos, documents, Voice Tags, etc . You can also use this feature as business messenger where you communicate with businesses/SME listed with Jindal Productions Pvt. Ltd. without revealing your phone numbers and also search the service provider and transact by using it, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing etc.

2. Registration:
You must register for our Services using accurate data or information, provide your current mobile phone number, and, if you change it, re-verify your mobile phone number using OTP. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services. All information provided about you are and shall at all times be accurate, valid and complete and you shall be solely responsible and liable for the information provided by you.

3. Address Book:
You provide us the phone numbers of your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services.

4. Age:
By accepting these Terms, you must be at least 18 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval. If you are under the age of 18 years but at least 13 years of age you may use this Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

5. Devices:
You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

6. Fees:
You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.

7. Availability of Our Services:
Our Services may be interrupted (for maintenance, repairs, upgrades, or network or equipment failures). We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as force majeure events.

8. Termination:
We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter & spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with us: Licenses, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, Availability and Termination of our Services.

9. No Access to Emergency Services:
There are important differences between Jindal Productions Pvt. Ltd. Messenger and your mobile and fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service.

10. Acceptable Use of Our Services:

1. You must use our Services according to our Terms and policies. If we disable your account for a violation of our Terms, you will not create another account without our permission. You must access and use our Services only for legal, authorized, and acceptable purposes.
2. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Jindal Productions Pvt. Ltd. Messenger , our users, or others, including privacy, intellectual property, or other proprietary rights; (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us. (g) infringes any patent, trademark, copyright or other proprietary rights; or that violates any law for the time being in force; (H) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; (J) promotes any illegal or prohibited activity,
3. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.

11. Third-Party Services:
Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, interact with a share button on a third party’s website that enables you to send information to your contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

12. Security:

1. You are responsible for keeping your device and your Jindal Productions Pvt. Ltd. account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
2. We verify accounts and activity, and promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our Terms, and to ensure our Services are being used legally.
3. We shall not be responsible for any harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, hateful, or racially, ethnically objectionable, disparaging, infringing, misleading, impersonating or unlawful Chat, Group Chat, Voice calls, photos, documents, Voice Tags, Videos etc., uploaded, published, transmitted, updated, forwarded or shared by you.

13. Ownership of Data:

1. We do not claim ownership of the data or information that you submit for your account or while using our Services. You must have the necessary rights to such information that you submit for your account or our Services. You agree that we may use and disclose the information and you would be deemed to have given your consent to contact you for any business promotion of us and/or its affiliates.
2. In order to operate and provide our Services, you grant us a worldwide, non-exclusive, royalty-free, sub licensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services.

14. Our Rights:

1. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our written consent.
2. We grant you a limited, revocable, non-exclusive, non-sub-licensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

15. Reporting IPR Infringement:
To report claims of third-party copyright, trademark, or other intellectual property right infringement, please visit our Intellectual Property Policy. We may terminate your account if you repeatedly infringe the intellectual property rights of others.

16. Privacy policy:
Our Privacy Policy describes our Data and information practices, including the types of information we receive and collect from you and how we use and share this information. You agree to our data and information practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information in India and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

17. Disclaimers:

1. You use our services at your own risk. We are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. You waive any rights you may have under any applicable statute or law of any other jurisdiction.
2. Please note we do not examine whether the any provider of goods or services is good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. We have also not negotiated or discussed any terms of engagement with any of the provider of goods or services. The same should be done by you. Purchasing of goods or availing of services from provider shall be at your own risk. We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material, goods or services displayed in the search results in the Platforms.

18. Limitation of liability:
We (Jindal Productions Pvt. Ltd. Messenger) & our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services, even if it has been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with our terms, us, or our services will not exceed the greater of One Hundred (100) Rupees. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law.

19. Indemnification:
You agree to defend, indemnify, and hold harmless the us & our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

20. Dispute Resolution:
In the event a dispute arises between the parties under this Agreement, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 30 (thirty) days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Mumbai. The arbitration shall be conducted by a sole arbitrator to be appointed by Jindal Productions Pvt. Ltd. at its sole discretion. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.

21. Governing Law:
This Agreement shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.

22. No Class Actions Suit:
We and you each agree that if you are a Jindal Productions Pvt. Ltd. user located in India or aboard, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, oany class of people. We and you each agree not to participate in a class action suit, a class-wide arbitration Disputes brought in a private attorney or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.

23. GENERAL PROVISIONS:

1. Unless a mutually executed agreement between you and us states otherwise, our Term make up the entire agreement between you and us regarding Jindal Productions Pvt. Ltd. Services, and supersede any prior agreements. We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.
2. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
3. You will comply with all applicable law of the respective jurisdictions. You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Laws; (b) to anyone government or non-government restricted parties; or (c) for any purpose prohibited by Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, or for any purpose prohibited by Laws, and you will not mask your location through IP proxying or other methods.
4. Any amendment to or waiver of our Terms requires our express consent.
5. we are entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to You. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.
6. All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
7. You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent. Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
8. Nothing in our Terms will prevent us from complying with the law.
9. If we fail to enforce any of our Terms, it will not be considered a waiver. If any provision of this Agreement is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions of this Agreement unlawful or otherwise ineffective, the remainder of this Agreement shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.
10. We always appreciate your feedback or other suggestions about our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.

1.  Introduction:

1. This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usageof Jindal Productions Pvt. Ltd.'s service via Jindal Productions Pvt. Ltd. Portals. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.
2. This Terms of Service is entered between Jindal Productions Pvt. Ltd. Limited (hereinafter referred to "We", "Our" or "Us") and Vendors/Business entity (hereinafter referred to "You" or "Your"). You confirm that by applying, accepting, using our B2B Market Place Service ("Service") indicates your acceptance of all the terms and conditions of this agreement, which has been clearly read, understood and accepted by you. We reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It’s your responsibility to review these Terms periodically for updates/ changes. Your continued use of our service following the posting of changes will mean that they have accepted and agreed to the revisions.

2.  Services: Jindal Productions Pvt. Ltd. is launching new B2B market place service for your business and creating digital catalogue & website for your business so that it can help you to promote your products and services through Jindal Productions Pvt. Ltd.’s portal so that the users can directly access your products & services and check out the products & services whenever they want to. This gives user the convenience and they can decide to buy your products & services when they feel the desire or the need. Therefore, this digital catalogue may help you to increase your business in an effective way.

3.  Fee: Jindal Productions Pvt. Ltd. may create digital catalogue for your business, free of cost as of now for your B2B Market Place service. However Jindal Productions Pvt. Ltd. reserves the right, at its sole discretion, to determine the cost of its service as and when it requires.

4.  Your's representation ,warranties & obligation:

1. (i) you are a bona fide business organization carrying on business in relation to the items disclosed in digital catalogue; (ii) you have the rights to use the trademarks of business name, product images, and other details specified in digital catalogue; (iii) the business carried on by you do not violate or infringe upon any law or regulation and all registrations, authorizations and /permission necessary approvals required for carrying on business have been procured by you; and (iv) all information provided about yourself to Jindal Productions Pvt. Ltd. is and shall at all times be accurate, valid and complete and you shall be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by you to us) to Jindal Productions Pvt. Ltd..
2. You acknowledge that you shall be solely responsible for all materials/information and its use of Jindal Productions Pvt. Ltd. for creating for digital catalogue. You confirm that you are the absolute owner of product images, specifications, descriptions & other details for creating digital product catalogues and you have granted the unfettered right to use your business details, product images, specifications, descriptions & other details for creating digital product catalogues & website for your business. Your business details are visible on our portals. You agree that nothing in its materials/information of digital catalogue will be false, misleading, defamatory, harassing, or threatening, will constitute unfair competition or unfair commercial practice, will violate any applicable Law, or will infringe or misappropriate the Intellectual Property Rights of any third party. You are solely responsible for the activities of any contractor, representative, or any of its agents or other persons acting on your behalf in connection with this term. You will ensure that you shall comply with all applicable Law, including Law related to data protection and privacy.
3. You acknowledge & accept that it is your responsibility to update information pertaining to your business, products/services using the online edit option available in your listing and keep Jindal Productions Pvt. Ltd. updated in this regard. In the event the relevant information is not updated accurately, you would, by default, be bound by the explanation or description of the product/service or any other details of your business communicated by Jindal Productions Pvt. Ltd. to the Users or any other third party.
4. You undertake to provide a copy of the licenses/ registrations or any other documents including but not limited to valid Identity cum address proofs, as required by you to run the business.
5. You acknowledge that Jindal Productions Pvt. Ltd. is basically a local search proving directory service and do not seek any fulfilment of the product / services delivered or not, and it is your responsibility to deliver the goods & services. You acknowledge that we are not responsible for the goods or services, or any dispute between you & end users. It is your responsibility to resolve any dispute or claim raised by end users. In case of any disputes you shall hold Jindal Productions Pvt. Ltd. saved and harmless from any such actions or claims that may be initiated against it. You shall also indemnify and hold indemnified Jindal Productions Pvt. Ltd. at all times against all such actions and claims.
6. You hereby undertake that during the term, you will not directly or indirectly mis-utilize, cheat, solicit, or usurp or attempt to solicit, divert, authorize any third party to generate automated, fraudulent or otherwise invalid enquiries, clicks or conversions, ratings, reviews, or solicit any users of Jindal Productions Pvt. Ltd. by means of providing discounts, gift coupons, or use any automated means or form of scraping or data extraction to access, query or otherwise collect listing service related information; or misuse Jindal Productions Pvt. Ltd.’s portals in any manner whatsoever. Any such conduct will lead to an immediate action and Jindal Productions Pvt. Ltd. at its discretion will initiate proceedings against you before appropriate forum.
7. It is your sole responsibility to keep the id/password/login id safely so that no one can misuse it and do the changes in the listing visible on Jindal Productions Pvt. Ltd. portals to cause any wrongful harm to Jindal Productions Pvt. Ltd. or its users. You represent that in event the loss is caused due to your negligence, then you will bear the entire loss and Jindal Productions Pvt. Ltd. shall not be responsible for the same.
8. You shall only access the Service as permitted by us and shall not attempt at any time to circumvent system security or access the source software or compiled code. The Service is 3 provided solely for you and you will not resell or attempt to resell the Service (or any part or facility of it) to any third party.
1. The content is protected by copyright, trademark and other intellectual property rights, as applicable. You must not and must not permit anyone else to copy, store, adapt, modify, transmit the Content, or to distribute the Contents of digital catalogue available on our portal.
10. You are solely responsible for any transactions of any kind entered into between you and third parties accessing or acting in reliance on the Service. You must ensure that you shall comply with all consumers and other legislation, instructions or guidelines issued by regulatory authorities, relevant licences and any other codes of practice which apply to you.
11. You are responsible for the security and proper use of all user identities in connection with the Service and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.
50. You must immediately inform us if there is any reason to believe that a user ID or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way. We reserves the right to suspend user ID and password access to the Service if at any time we consider that there is or is likely to be a breach of security.

5.  Jindal Productions Pvt. Ltd.'s Obligations:

1. Jindal Productions Pvt. Ltd. reserves the right to vary the contents of digital catalogue from time to time by adding, removing or modifying content as Jindal Productions Pvt. Ltd. thinks fit, and does not guarantee or warrant that any particular item or items of content will be available at any given time.
2. The digital catalogue is protected under the intellectual property rights, as applicable. You must not permit anyone else to copy, store, adapt, modify, transmit the digital catalogue, or to distribute the digital catalogue to third parties, without written permission from Jindal Productions Pvt. Ltd..
3. You must ensure that you shall comply with all consumers and other legislation, instructions or guidelines issued by regulatory authorities, relevant licences and any other codes of practice which apply to you.
4. We will provide you with the Service as per the terms of this agreement and with the reasonable skill and care of a competent service provider. We will use reasonable endeavours to provide uninterrupted Service, but from time to time faults may occur, which we will repair as soon as reasonably practicable, but occasionally for operational reasons change the technical specification of the Service or for any other reason beyond our reasonable control suspend the Service for operational reasons such as repair, maintenance or improvement of the Service or because of an emergency. Service will be restored as soon as possible.

6.  Disclaimer & Limitation of Liability:

1. To the fullest extent permitted by law, Jindal Productions Pvt. Ltd. disclaims all warranties, express or implied, including without limitation for non-infringement, merchantability, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, Jindal Productions Pvt. Ltd. disclaims all guarantees 4 regarding the services and digital catalogue. You understand that there may be errors in the services. Jindal Productions Pvt. Ltd. will not be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose or of any remedy except for your indemnification obligation. Jindal Productions Pvt. Ltd. is also not liable for any claim owing to any misrepresentation of the information pertaining to you so long as the information exhibited/ communicated by Jindal Productions Pvt. Ltd. conforms to the Information made available by you or any person on your behalf.
2. Once the Digital Catalogue contents/materials are approved by you or any person on your behalf, Jindal Productions Pvt. Ltd. does not warrant or guarantee the accuracy or completeness of any of the Catalogue Content or any further information or results which may be derived from you. You acknowledge that it is your responsibility to evaluate the accuracy and completeness of the Catalogue Content. In particular you acknowledge that Jindal Productions Pvt. Ltd. is not entitled to rely on any contents/materials of Digital Catalogue of your business as approved by you and that the use of the Catalogue Content for any purpose is at your sole risk.

7.  Indemnity: You shall defend, indemnify, and hold harmless Jindal Productions Pvt. Ltd., its officers, employees, agents, Representatives from and against any claims, liability(ies), demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses incurred or suffered by Jindal Productions Pvt. Ltd. (including, without limitation, reasonable attorneys' fees and expenses) arising out of or in relation to or in connection with:

1. Breach of any provision of this Terms or non-performance of any of its obligations;
2. By reason of any infringement of any intellectual property rights;
3. Any representation and warranty given by You to Jindal Productions Pvt. Ltd. under this Terms being found to be untrue, false or incorrect; or
4. Anything done or omitted to be done by you due to its negligence, default or misconduct of you or any of your officers, directors, employees or agents.
5. Any third party claims

8. Ownership:  The ownership of the product images, specifications, descriptions & other details of digital catalogue shall be vested with you. However the ownership of digital catalogue shall be vested with us. Ownership of the Product(s) excluding the software will pass to you. The Product(s) will appear in in the name of your business. In the event of threatened seizure of the Product(s) or any other restrictions, you will immediately notify us and we may take appropriate action in this regard.

9. Intellectual Property Rights:  All intellectual property rights in: (i) Jindal Productions Pvt. Ltd. Brands; (ii) digital catalogue belong exclusively to Jindal Productions Pvt. Ltd.. Nothing in this Terms of Use is intended to grant any rights or license to you under any work right, copyright, trade secret, trademark or service mark, or other intellectual property right of Jindal Productions Pvt. Ltd.. You shall not have any right to use or reproduce in any manner any intellectual property owned by Jindal Productions Pvt. Ltd., including any trademarks, trade names, logos etc.

10. Term & Termination:  If you breach any conditions of the Terms or Jindal Productions Pvt. Ltd. receives any complaints against you from any one or for any other reasons, Jindal Productions Pvt. Ltd. shall have right to terminate this agreement forthwith and you shall immediately stop using our service. In addition to the termination, Jindal Productions Pvt. Ltd. also reserves the right to initiate appropriate legal proceedings in the event of any material breach of the terms & conditions as stipulated herein.

11. Force Majeure: If either of the party is unable to perform any obligation under this contract because of any event beyond the party's reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, epidemic or pandemic (whether or not involving employees of either party) or acts of local or central government or other competent authorities. Neither Party shall be liable for breach of this Agreement to the extent caused by or arising from any force majeure event beyond the control of such Party. If Jindal Productions Pvt. Ltd. is prevented by restrictions of a legal or regulatory nature from supplying the Service, Jindal Productions Pvt. Ltd. will have no liability to you for failure to provide the Service.

12.  Disputes Resolution: If any dispute/difference arises between the parties about these Terms then the Parties shall meet to discuss the matter and shall negotiate in good faith to resolve the matter. However if such matter remains unresolved within 60 days from the date of dispute intimated to other party in writing thereafter the matter shall be referred to the sole arbitrator appointed by Jindal Productions Pvt. Ltd. at its discretion. The Arbitration and Conciliation Act, 1996 shall govern the arbitration proceedings and the place of Arbitration shall be Mumbai. Language of Arbitration shall be English. Cost of Arbitration shall be borne in equal proportion by the Parties. Attorney costs shall be borne individually by each Party. The Arbitration award shall be final and binding upon the Parties.

13. Help Desk: For approval of any data, image of your products or digital catalogue, you can email to us at info@filmtvadda.com For any complaints or grievances with regard to contents and or comment or breach of these terms, you can email to us at info@filmtvadda.com, with brief details of your complaint or call on our hotline No.8888888888. Our customer service executives will acknowledge and redress your complaint on best effort basis and as per applicable Terms of Service.

14. Relationship:  The relationship of the Parties is on a "principal to principal" basis and the Parties are independent of each other and nothing contained herein is intended to or shall be deemed to create with limitation any partnership, joint venture, employment or relationship of principal and agent between the Parties hereto or between You and Jindal Productions Pvt. Ltd. or to provide either of the Parties with any right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party.

15. Survival of Information:  The terms and provisions of this agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this agreement.

16. Notices:  All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the registered office addresses. Notices may also be sent through emails, however, such emails must be followed up with a physical notice at the above mentioned address within a period of ten (10) days.

17. Waiver:  Unless otherwise expressly stated, the failure to exercise or delay in exercising a right or remedy under this Terms shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Terms shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

18. Governing Law and Jurisdiction: This Terms of Service shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.

19. Assignments: You shall not assign, in whole or in part, the benefits or obligations of this Terms of Service unless otherwise mutually agreed in writing.

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of Jindal Productions Pvt. Ltd.'s service via Jindal Productions Pvt. Ltd.'s Portal. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.

This Reseller Terms ("Contract") is entered between Jindal Productions Pvt. Ltd. Limited, a Company incorporated under the Companies Act 1956, having its registered office at Building M, 501-B, Palm Court Complex, Beside Goregaon Sports Club, New Link Road, Malad (W), Mumbai - 400 064 ("Jindal Productions Pvt. Ltd.") and You, (hereinafter referred to as "You" or "Reseller"). You confirm that by providing the Reseller Services you indicate your acceptance of all terms and conditions of this Contract that are binding, the terms has been clearly read, understood and accepted by you. We reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It's your responsibility to review these Terms periodically for updates/ changes. Your continuation of services following the posting of changes will mean that they have accepted and agreed to the revisions.

1. DEFINITIONS:

1. 'Reseller' - means any business entities, adult individuals, professionals who have paid registration fees and have agreed to perform the Reseller services on the terms as specified in this Reseller Contract.
2. 'Sub-Reseller' - means any business entities, adult individuals, professionals to whom Reseller has explained the Terms of this Reseller Contract and they have shown their interest in providing services as mentioned under this Contract along with paying registration fees. For the purposes convenience, "Reseller and Sub-reseller" shall be collectively referred as "RESELLER".
3. 'Referrer' - shall mean a non-defaulter person having valid and active id in his/her name, has referred another adult individual to become a Reseller on the terms specified under this Contract.
4. 'Vendor' shall means any business entities, adult individuals, professionals or any service providers/product sellers to whom Reseller has explained the Terms of Services as available  and that business person after knowing the Terms of Services has shown interest in availing services from Jindal Productions Pvt. Ltd..
5. 'Paid Services' means Listing services or any other services offered by Jindal Productions Pvt. Ltd. are subscribed by the Vendors by making the requisite payment for services to Jindal Productions Pvt. Ltd., after having the complete understanding of Terms of Service available.
6. 'Contract Value' means the complete payment made by the Vendor which is received by Jindal Productions Pvt. Ltd. in its bank account, before the activation of the services by Jindal Productions Pvt. Ltd..
7. 'Vendor's Data' shall mean any Vendor's Business details such as the business name, contact person, address, telephone number, mobile number, toll free number, email id, website, facsimile number, categories of service or products, any documents such as id address proof, categories, pin codes etc. made available by the Vendor to Jindal Productions Pvt. Ltd. through Reseller are validated/verified as correct, genuine and existing by the Reseller.
8. 'Duplicate Contract' shall mean the contract of those Vendors/Business entities who is availing paid services from Jindal Productions Pvt. Ltd. or has taken paid services during last 60 (Sixty) days.
9. 'Genio Lite Module' shall mean the software module link using which Reseller shall enter Vendor's data and collect the payment/Contract Value from Vendor. This module will also maintain the records of non-paid Data/Listing created by Reseller, details of the packages/services to be sold by Reseller, details of payment collected by Reseller from Vendors for providing Paid Services and any other features as developed by Jindal Productions Pvt. Ltd. from time to time.
10. 'Confidential Information' means all information including but not limited to information disclosed to the Reseller by Jindal Productions Pvt. Ltd. or Vendor, and any such information that the Reseller has access to, or comes into possession of during the term of this Contract. Confidential information would include, but not be limited to information available on the Jindal Productions Pvt. Ltd.'s proprietary database software application, the database of names and addresses and other directory information compiled by Jindal Productions Pvt. Ltd. at significant cost and effort, the method of categorizing of directory data adopted by Jindal Productions Pvt. Ltd., the personal or any information of Vendors, personal / business data and information including but not limited to the IDs and passwords made available to the Reseller by Jindal Productions Pvt. Ltd. to access the proprietary software of Jindal Productions Pvt. Ltd., the data available to the Reseller through the proprietary software of Jindal Productions Pvt. Ltd., the information regarding potential Vendors, business plans of Jindal Productions Pvt. Ltd., bank account/financial details, discoveries, ideas, concepts, know-how (whether patentable or copyrightable or not), research, development, designs, drawings, blueprints, diagrams, models, samples, flow charts, data including Customer data, computer programs, disks, diskettes, tapes, algorithms, software programs, marketing plans or techniques, technical, pricing, financial, or business information" trade secrets which includes but is not restricted to any portion or scientific or technical or proprietary information, design, process, procedure, formula or improvement which is not generally available to the public and any other information, which by its nature and circumstance of its disclosure has the right to be treated as Confidential.
11. 'Membership ID' means the unique digit number allocated by Jindal Productions Pvt. Ltd. to the Reseller which the Reseller shall quote in all correspondence with the Jindal Productions Pvt. Ltd..
12. 'Source' - shall mean the means source based on which the Vendor's data is collected, edited and uploaded by Reseller in the Genio Lite Module of Jindal Productions Pvt. Ltd..

2. SERVICES

Reseller shall be responsible for providing services including but not limited to marketing, promoting and selling various services/products offered by Jindal Productions Pvt. Ltd. from time to time using Genio Lite Module. Reseller shall be responsible for presenting, promoting and selling products/services to prospective customers and giving them the cost-benefit and needs analysis and maintain good business relationship with the Vendors all the time.

3. ELIGIBILITY CRITERIA

1. At the time of entering into this Contract, you must be at least 18 years of age and should be able to provide your own id/address proof and other documents as requested by Jindal Productions Pvt. Ltd. from time to time. Your account registration requires you to submit to Jindal Productions Pvt. Ltd. certain personal information, such as, (i) your personal details (i.e. Name, Current Address, Permanent Address, mobile phone number and age etc (ii) Address cum Identification Proof (i.e. KYC documents) and (v) Bank Details or any other documents as an when requested by Jindal Productions Pvt. Ltd.. For the purpose of clarity, KYC documents include, (1) the passport; (2) the driving licence; (3) Voter's Identity Card issued by the Election Commission of India; (4) Copy of Aadhar Cards; (5) Job card issued by NREGA duly signed by an officer of the State Government; (6) letter issued by the National Population Register containing details of name and address; along with PAN Card.
2. You hereby confirm that you can form legally binding contracts under Indian Contract Act, 1872. You are not "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc.

4. REGISTERTATION FORMALITIES

1. You for purposes of registering with Jindal Productions Pvt. Ltd., has to create login id visiting the JD signup on JD App in the section of Reseller Program.
2. You shall be responsible for adding the correct referrer details in the Genio Lite Module. If Reseller has added incorrect referrer details or missed/skip to add the referrer details then Reseller cannot add/amend or modify at later stage and the Referrer will not get the due credit/commission (if any) for referring you as Reseller to Jindal Productions Pvt. Ltd..
3. In the signup process Reseller will provide his/her correct mobile no, email id and documents such as id, address proof and other documents as requested by Jindal Productions Pvt. Ltd. from time to time.
4. Reseller shall pay one time Registration Fees as communicated to the Reseller. On the receipt of Registration Fees, Jindal Productions Pvt. Ltd. will issue an invoice and send it to Reseller on its registered email id and mobile no.
5. Reseller agrees that a registration fee is a conditional refundable fees for enrolling himself/herself as Reseller with Jindal Productions Pvt. Ltd.. This registration charges will be refundable on pro-rata basis only after completion of minimum 1 (one) year duration, subject to non-receipt of complaints or service related or other issues against Reseller. In the event of any service related issue or any complaint against reseller the refund will be on pro-rata basis which will be equally divided in 5 (five) years. Reseller agrees that he/she will be entitle to receive refund on pro-rata basis for each uncompleted year of services after the Contract is terminated by him/her as specified in Clause 12 (ii). However, Reseller will not be entitled to receive any refund for partially completed year of services.
6. On completion of registration formalities and receipt of registration fees from Reseller, Jindal Productions Pvt. Ltd. will send login details such as user id password and other details for accessing and using Genio Lite Module to your registered email id.
7. You agree to maintain accurate, complete, and up-to-date information in your Account at all times and you acknowledge that failure to do so shall result in your access to the Services being suspended without notice to you.
8. No person other than yourself has the right to access your account. You agree and acknowledge that you will not allow any other person to access your account and that you will not share your login credentials (i.e. your user name and password) with any other person. If it is reasonably suspected by Jindal Productions Pvt. Ltd. that login credentials have been compromised by reseller or allowed a person other than yourself to access and use your Account, your access to the Account will be suspended without notice to you. In cases where it is established that you have allowed a person other than yourself to access and use your Account these Terms will stand terminated and your access to the Services will be permanently revoked without notice to you.
9. You may only possess one Account. If it is found that you possess multiple Accounts on the JD's Platform, your access to all Accounts on JD's Platform will be permanently revoked without notice.
10. You hereby expressly acknowledge and agree that you and not Jindal Productions Pvt. Ltd. will be liable for your losses and damages (whether direct or indirect) caused an unauthorised use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Jindal Productions Pvt. Ltd. or others due to such unauthorised use of service.
11. You shall be obligated to provide necessary documents/information as requested by Jindal Productions Pvt. Ltd. from time to time.

5. RESELLER'S RESPONSIBILITIES

1. The Reseller shall discharge the following responsibilities with complete skill and diligence. The Reseller shall at all time work diligently to promote the products and services offered by Jindal Productions Pvt. Ltd. and protect the interests of Jindal Productions Pvt. Ltd..
2. Reseller shall take proper training as updated in the Genio Lite Module and Jindal Productions Pvt. Ltd. website and as provided by Jindal Productions Pvt. Ltd. from time to time.
3. Reseller confirms that he/she will meet the Vendor (owner of the business/listing) at the address given in the listing and will ensure that the details/documents provided by the Vendor are correctly captured in the Genio Lite Module.
4. Reseller confirms that the Vendor's Data and its source is validated/verified and always be correct and complete in every manner and it will be correctly uploaded in the Genio Lite Module of the Company. Reseller undertakes that he/she should not submit any incorrect information or unverified documents in the Genio Lite Module of the Company.
5. The Reseller shall market Jindal Productions Pvt. Ltd. Services and enlist Vendor's, for the products/services as made available by Jindal Productions Pvt. Ltd. in Genio Lite Module or as instructed by Jindal Productions Pvt. Ltd. from time to time.
6. Reseller shall ensure that the list of documents, including relevant documents (related to id, address, business proofs etc).and clear visible geo-coded photo of the vendor and its business establishment,) and Contract Value as provided in Genio Lite Module is collected by Reseller.
7. The Reseller shall be responsible to ensure that the prescribed Vendors documentation is duly completed in all respects and uploaded in the in the Genio Lite Module of the Company. Also, applicable terms and conditions available are explained in the vernacular language to the Vendor. Reseller on receiving the payment from Vendor via Genio Lite Module (or other means as prescribed by Jindal Productions Pvt. Ltd.) confirms that he/she has collected relevant documents, verified it as existing & correct and has also explained the applicable terms and conditions, which is accepted by Vendor without any demur and protest. The Reseller shall not be eligible for any commission on any Paid Services wherein the Reseller has not fulfilled the terms as mentioned in this Contract, irrespective whether Jindal Productions Pvt. Ltd. is providing any product or services to that Vendor or not.
8. The Reseller understands and agrees that Jindal Productions Pvt. Ltd. has the sole discretion to provide Services to Vendors and has the liberty to refuse any Paid Services to Vendors entered by the Reseller which are not as per applicable terms and conditions of the Contract.
9. Reseller confirms that subject to compliance of other terms, he/she will be eligible for payment of commission on Paid Contact only when the contract value is received from the Vendor and has been realized/encashed by Jindal Productions Pvt. Ltd..
10. The Reseller shall be solely responsible at its own cost for obtaining all necessary approvals, sanctions, permissions and licenses for providing the Service, under these Terms, from Municipal, Local or Government Authority or any other Authority/party as may be required from time to time.
11. Reseller shall always quote the Reseller's Membership Id when logging in and/or submitting the details related to Vendor's Paid Services to Jindal Productions Pvt. Ltd. and in all other correspondence with Jindal Productions Pvt. Ltd..
12. If Reseller has any doubt with respect to Reseller's obligations under this Contract and the manner to discharge the said obligations, or related to Reseller program, training module, earning process, applicable terms and conditions to Reseller and to the Vendors, then Reseller shall have the duty to get the clarifications from Jindal Productions Pvt. Ltd.'s authorized representative in respect of such doubts by sending email at info@filmtvadda.com and giving the Membership Id and other necessary details necessary for indentifying the queries raised by Reseller.
13. It shall be the responsibility of Reseller to keep confidential the Membership Id and the username and password provided to Reseller by Jindal Productions Pvt. Ltd. for accessing the Genio Lite Module. Reseller shall immediately inform Jindal Productions Pvt. Ltd. of any breach of this sub clause. Jindal Productions Pvt. Ltd. may, in its sole discretion, terminate this Contract for any breach of this sub clause and also claim damages for any losses which Jindal Productions Pvt. Ltd. might have incurred due to the misuse and/or breach of the Link.
14. Reseller shall adhere strictly to the representations and warranties and obligations of non-compete, confidentiality and intellectual property as prescribed under this Contract.
15. Reseller hereby confirms that any dispute which arises between the parties in relation to the Vendor's data, terms of this Contract and any other matters, Jindal Productions Pvt. Ltd.'s decision will be final and binding on Reseller.
16. Reseller confirms that the data and information captured by Genio Lite Module shall prevail and be binding on You at all times.
17. Reseller undertakes not to cause or permit anything which may damage or endanger the Intellectual Property Rights or title or assist or allow others to do so. Reseller undertakes to take such reasonable action as Jindal Productions Pvt. Ltd. may direct in relation to such infringement.
18. Reseller undertakes to compensate Jindal Productions Pvt. Ltd. for any use of the Intellectual Property Rights and/or to indemnify Jindal Productions Pvt. Ltd. for any liability incurred to third parties for any use of the Intellectual Property Rights, otherwise than in accordance with this Contract.
19. Reseller undertakes, on the expiry or termination of this Contract forthwith, not to use the Intellectual Property Rights or access/use Genio Lite Module of Jindal Productions Pvt. Ltd..
20. Reseller acknowledges that any goodwill or reputation for the Service or Vendor Data generated by the Reseller under this Contract will belong to Jindal Productions Pvt. Ltd. and upon termination of this Contract for whatever reason the Reseller shall not be entitled to claim any compensation, in any manner whatsoever.
21. Reseller not cause to be done any act/representation/omissions which results to loss of goodwill and damage to the reputation to Jindal Productions Pvt. Ltd..
22. Reseller agrees not to (directly or indirectly) (i) access, monitor or copy any content or information of Jindal Productions Pvt. Ltd. using any robot, spider, scraper or other automated means or any manual process for any purpose; (ii) violate the restrictions in any robot exclusion headers on Jindal Productions Pvt. Ltd. or bypass or circumvent other measures employed to prevent or limit access to Jindal Productions Pvt. Ltd..
23. Reseller has obtained all licenses, clearances, permissions, approvals or consents from any third party or any regulatory or government body which are required by applicable law or regulations, to execute the business/services of this Contract
24. Reseller shall be solely responsible for the all the costs related to registrations, licenses and other costs related to compliance directions / orders, guidelines / formalities issued by DOT and Telecom Service Providers related to the responsibility of the Reseller and Reseller shall also be responsible for the payment of penalties, charges and compensations imposed by DoT, Service Provider or any competent authority or courts for non compliance of the said directions / orders, guidelines / formalities as stated in clause and shall have no recourse against the Jindal Productions Pvt. Ltd. for the same.
25. Reseller shall be solely liable for all acts and omissions of Reseller's personnel, whether employees, consultants, agents, subcontractors or otherwise, and whether or not engaged by the Reseller in violation of these Terms.
26. The Reseller shall carry out all directions and instructions as Jindal Productions Pvt. Ltd. may issue from time to time.
27. The Reseller shall not give any warranty to the Vendor in respect of any of the Services without the written authority of Jindal Productions Pvt. Ltd..
28. Reseller agrees that it will not sell, license, lease, rent, transmit, or otherwise distribute or transfer any Vendor's data/information in any manner to third parties, save as is expressly permitted otherwise in this Contract.
29. Unless otherwise provided in this Contract, during the term of this Contract Reseller shall establish and maintain safeguards against the destruction, loss or alteration of Data/information in its possession and Reseller will ensure that it will take all reasonable security practices to avoid any cyber-attacks. Reseller will neither transmit nor send Data nor will it allow Data/information to be accessed by third party.
30. All Data provided by the Reseller is and will remain the property of the Jindal Productions Pvt. Ltd.. Jindal Productions Pvt. Ltd. will have all right, title and interest, including ownership of the said data, and all copies made from it. Except as set forth herein, without Jindal Productions Pvt. Ltd.'s approval (in its sole discretion), Data shall not be (i) used by Reseller or its agents other than in connection with providing the Services, (ii) disclosed, sold, assigned, leased or otherwise provided to third parties by Reseller or its agents or (iii) commercially exploited by or on behalf of Reseller.
31. Reseller shall promptly correct any errors or inaccuracies in the Vendor's Data to the extent such errors or inaccuracies were caused by Reseller.
32. Reseller confirms that Jindal Productions Pvt. Ltd. do not provide any business/income guarantee to Vendor or to Reseller in any manner.
33. Reseller will not "cyber-squat" over and/or otherwise compete with Jindal Productions Pvt. Ltd.'s Keywords including but not limited to Jindal Productions Pvt. Ltd., Jindal Productions Pvt. Ltd..com, Jindal Productions Pvt. Ltd. services, JD, JD.com thereof on Google Ad words or other media (online or offline) in any manner whatsoever.

6. Data Verification

1. Reseller shall conduct independent verification, by contacting the Vendors or any third party, to verify the correctness and accuracy of Vendor's Data/documents before entering any information/data in the Genio Lite Module.
2. The Reseller shall be responsible to ensure that the prescribed documentation is duly completed in all respects and Contract Value is collected from Vendor for providing Paid Services,, after explaining them about the applicable terms and conditions of the services as available on https://www.Jindal Productions Pvt. Ltd..com/Terms-of-Use including but not limited to ECS process, Duration, listing features, no business guarantee etc..
3. The Reseller shall not be eligible for commission on any Duplicate Contract and any on Paid Services wherein the Reseller has not obtained duly verified and necessary documentation outlined above, even if Jindal Productions Pvt. Ltd. opts to supply the Services to the Vendor.
4. Jindal Productions Pvt. Ltd. may conduct the audit/verification on the Vendor's data submitted by Reseller from time to time and if Reseller fails in the Audit/verification process then Jindal Productions Pvt. Ltd. reserves the right to forthwith terminate this Contract with Reseller.
5. Reseller shall be obligated to collect Vendor's documents or carry out any other verification by contacting Vendors, as communicated by Jindal Productions Pvt. Ltd. from time to time.
6. Jindal Productions Pvt. Ltd. may in its sole discretion impose upon Reseller any amount of penalty for any non-compliance of any terms of this Contract.

7. Commission

1. Jindal Productions Pvt. Ltd. shall pay the commission on the Contract Value /Registration Fees as communicated to Reseller/Sub-Reseller via Genio Lite Module or in email or through any other mode from time to time subject to the complete compliance by Reseller of the terms and conditions stipulated under this Contract.
2. Reseller shall be entitled to receive commission only if the entire contract value/ Registration Fee are received by Jindal Productions Pvt. Ltd. in its bank account and no chargeback or refund request is received by Jindal Productions Pvt. Ltd. at any point in time. In the event if any chargeback or refund request is received by Jindal Productions Pvt. Ltd. then Reseller/Sub-Reseller shall not be entitled to receive any commission. However, if any chargeback or refund request is received after the commission is transferred to Reseller/Sub-Reseller, then Jindal Productions Pvt. Ltd. will have full right and absolute discretion to deduct or recover the commission amount paid by Jindal Productions Pvt. Ltd. to Reseller/Sub-Reseller.
3. Reseller agrees that for the purposes of calculation of commission, the taxes and other cost will be excluded from the Contract Value/Registration Fees.
4. Reseller agrees that Jindal Productions Pvt. Ltd. has exclusive right to decide fees/commission percentage or registration fees from time to time and it may be changed at any time by sending a communication to Reseller.
5. All payments to the Reseller, Sub-Reseller, shall be subject to deduction of taxes at source or other applicable taxes and charges. Payments to Reseller are inclusive of all taxes, duties and charges. Each party shall be responsible for it own applicable taxes.
6. Jindal Productions Pvt. Ltd. shall make the monthly payment of undisputed commission (as calculated and shown in Genio Lite Module) to the Reseller which may be subject to completion of the verification/Audit process by Jindal Productions Pvt. Ltd.. In the event of any dispute in relation to commission, then Reseller shall escalate to Jindal Productions Pvt. Ltd. within 2 (two) days of the receipt of monthly commission from Jindal Productions Pvt. Ltd.. In the event of Reseller has not raised any dispute within 2 (two) days then the commission related dispute will not be entertained by Jindal Productions Pvt. Ltd. in any manner.
7. Notwithstanding the above provisions, Jindal Productions Pvt. Ltd. may at any time recover the Commission or any other sums paid to Reseller if it comes to the knowledge of Jindal Productions Pvt. Ltd. that the Vendor's Data is incorrect or not verified. Jindal Productions Pvt. Ltd. may recover the Commission and other sums by either deducting the sums from any dues payable to the Reseller subsequently or such other means it deems fit.

8. REPRESENTATION AND WARRANTIES

1. Reseller represents and warrants that Reseller shall perform the Services with professional skill and diligence.
2. It has all requisite power and authority to execute, deliver and perform its obligations under this Contract and has been fully authorized by all requisite corporate actions to do so.
3. It shall comply at all times, with all laws, industry codes, applicable standards or other regulations or directions issued under the law time being in force And as amended. It shall comply with such provisions of Information Technology Act 2000 as amended by the Information Technology (Amendment) Act 2008 and rules and regulations made thereunder.
4. Reseller is adequately equipped and competent to provide the Services in a professional and efficient manner.

9. CONFIDENTIALITY:

1. Reseller shall ensure that any information shared by Jindal Productions Pvt. Ltd., irrespective of whether such information pertains to Jindal Productions Pvt. Ltd. or any third party, under this Contract shall be kept confidential at all times. Without limitation, confidential information shall include the terms of this Contract, Access, contents of the Database to which Reseller may have access while entering Vendor's Data in the Genio Lite Module, the guidelines annexed thereto. Reseller as per the requirements of Jindal Productions Pvt. Ltd. will either destroy or return all the confidential information to Jindal Productions Pvt. Ltd. within 30 (Thirty) days from the expiry or the early termination of this Contract. The obligations contained in this shall survive the termination of this Contract.
2. In the event Reseller discovers a breach or potential breach in security relating to Data or unauthorized possession, use or knowledge, or attempt thereof, of Data, Reseller shall immediately (1) notify the affected Jindal Productions Pvt. Ltd. and furnish to the Jindal Productions Pvt. Ltd. the details of the security breach or unauthorized possession, use or knowledge, or attempt thereof, of Data; (2) assist Jindal Productions Pvt. Ltd. in investigating, curing, or preventing the recurrence of any security breach or unauthorized possession, use or knowledge, or attempt thereof, of Data; (3) cooperate with Jindal Productions Pvt. Ltd. in any litigation and investigation against third parties deemed necessary by Jindal Productions Pvt. Ltd. to protect its rights; and (4) provide the assurance satisfactory to that such breach or potential breach will not recur.

10. NON-COMPETE

The Reseller shall not, during the term of these Terms and for Five (05) years thereafter, in India or outside India, solicit Vendors for identical or similar Services as Jindal Productions Pvt. Ltd.'s Services, or shall not directly or indirectly, including through their Affiliates or employees, render services to any person who conduct a business or carry's on a business similar to the business of Jindal Productions Pvt. Ltd., or during the term of this Contract and for 5 (five) years thereafter the Reseller shall not, by himself or in association with others, directly or indirectly, commence or conduct or carry on any business that competes with the business of Jindal Productions Pvt. Ltd.. The Reseller shall be deemed to have violated its obligations hereunder if any of its agent, associate, partner or any, director, shareholder, officer, employee of the Reseller violates this provision. The Parties agree that in the event that this provision is found to be invalid or unenforceable by any arbitrator or any court of competent jurisdiction, the obligation under this clause shall be enforceable for such a period that is found to be legally valid and acceptable.

11. No representations

The Reseller shall not give any warranty/guarantee to the Vendor in respect of any of the Listing or other Services without the written approval received from Jindal Productions Pvt. Ltd..

12. Term, Renewal and Termination

1. Effective Date: These Terms shall be effective from the date on which signup process is initiated by Reseller on Genio Lite Module (the "Effective Date").
2. Term: The term of this Contract shall commence from the effective date and shall be valid for minimum 12 (twelve) months. This Contract can as per the provisions specified in Clause 12. In the event the Contract is not terminated, it shall be automatically renewed for subsequent periods unless otherwise terminated by the parties with written notice of 1 (One) month during the term of this Contract.
3. Termination for cause: Notwithstanding anything contained herein, Jindal Productions Pvt. Ltd. shall be entitled to terminate this Contract at any time, without any notice under the following circumstances (i) if the performance of the Reseller is found unsatisfactory, (ii) if the Reseller fails to function/operate properly as per the guidelines and policies intimated from time to time by Jindal Productions Pvt. Ltd. (iii) if the Reseller breaches any of the provisions of these Terms; (iv) if the Reseller is unable to pay debts/penalty/refunds when due, (v) if the Reseller makes any assignment or composition for the benefit of creditors, (vi) if the Reseller has appointed or suffers the appointment of a receiver or trustee for its business, property or assets, (vii) if the Reseller files or has filed against it any petition under the bankruptcy or insolvency laws that is not finally decided within 60 days of such filing or (viii) if the Reseller is adjudicated bankrupt or insolvent (ix) if any third party files complaints against the Reseller for breach of applicable laws. x) if the vendor is raising any raising any unreasonable dispute/issues or demands xi) or any third party claims.

13. Consequences of the Expiry or Termination

1. Return of Documents and Information: Upon expiry of these Terms or earlier termination for any reason whatsoever of this Contract, You shall forthwith deliver to Jindal Productions Pvt. Ltd., without maintaining any copies for itself, all documents and information, data including but not limited Vendor's information, any documents, training material, literature and material containing any logos, trademarks, service marks or any other intellectual property of Jindal Productions Pvt. Ltd. and any other document which may have come to the Reseller's possession or custody in pursuance of this Contract. The Reseller shall also return all Jindal Productions Pvt. Ltd. property including any copies of any data, trademarks, promotional material, and identity cards etc..
2. Survival of Reseller's obligations: The obligations of the Reseller relating to the Confidential Information under these Terms shall survive the termination or expiration of these Terms.
3. Settlement of accounts: Upon the expiry of the term or termination without cause by Jindal Productions Pvt. Ltd. or Reseller in accordance with these Terms, Jindal Productions Pvt. Ltd. shall pay the Reseller all undisputed commission until the expiry or effective date of termination of the Terms after deducting such amounts as Jindal Productions Pvt. Ltd. thinks fit towards any claims that Jindal Productions Pvt. Ltd. may have against the Reseller.

14. Indemnification

1. Reseller shall defend, indemnify and hold harmless Jindal Productions Pvt. Ltd. and its directors, officers, employees, agents and affiliates, including from any third party actions / claims / demands, for all costs, expenses, and losses arising from or in any way attributable to: (i) acts and omissions of the Reseller under these Terms; (ii) breach by Reseller of any of the terms and conditions of these Terms; (iii) violation of any applicable laws by Reseller; (iv) any damage to property or bodily injury (including death) caused by the Reseller; (v) acts of fraud, misappropriation, and disclosure of Confidential Information by the Reseller vi) any claim from vendor or third party claims for reasons attributable to Reseller.
2. The Reseller hereby agrees to indemnify the Jindal Productions Pvt. Ltd., its directors and officers from and against any and all claims, suits, actions, demands or proceedings and all related damages, losses, liabilities, cost and expenses (including but not limited to reasonable lawyers' fees) arising out of or relating to any (i) damage, destruction, unauthorised sharing or other misuse of Confidential Information (ii) embezzlement, misappropriation or other misapplication of subscription amount received from the Vendor by the Reseller or any of its employees, (iii) violation or breach by the Reseller of any law, rules or regulations, or any term, policy or obligation under this Terms; (iv) claims made by Reseller's personnel on Jindal Productions Pvt. Ltd. including but not limited to claims for wages, benefits or employment; (v) breach by the Reseller of its responsibilities under these Terms or a violation of the restrictions hereunder and (vi) claims made by the state or central government, or local authority in respect of non-payment of taxes or fees, for non-provision of statutory benefits by the Reseller to its personnel; and (vii) Misrepresentation to the Vendor or third parties regarding any information relating to Jindal Productions Pvt. Ltd. or the Services/products.
3. The Reseller shall not make any claim or allegation against Jindal Productions Pvt. Ltd. or hold Jindal Productions Pvt. Ltd. liable in respect of any claim, demand or action ("Claims") made or filed by any Vendor against the Reseller. All such Claims shall be resolved solely by the Reseller at Reseller's own cost and expense, failing which the Reseller shall indemnify Jindal Productions Pvt. Ltd. as provided for in these Terms.

15. INTELLECTUAL PROPERTY RIGHTS

1. All right, title and interest, including all intellectual property rights, in and to, in all content, trademarks, marketing collateral, forms, Vendor-related data, and in all other material handed over to the Reseller, or collected by the Reseller or to which the Reseller may have access to ("Jindal Productions Pvt. Ltd. Property"), shall absolutely vest in, and be owned by, Jindal Productions Pvt. Ltd.. No right or other license to such Jindal Productions Pvt. Ltd. Property is given to the Vendor.
2. Jindal Productions Pvt. Ltd. names, logos and all related products and service names, design marks and slogans ("Jindal Productions Pvt. Ltd. marks") are trademarks and service marks owned by and used under license from Jindal Productions Pvt. Ltd. or its wholly-owned subsidiaries. The Reseller is not authorized to use any Jindal Productions Pvt. Ltd. Mark in any advertising, publicity or in any other commercial manner without the prior written consent of Jindal Productions Pvt. Ltd..

16. LIMITATION OF LIABLITY

JINDAL PRODUCTIONS PVT. LTD. SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL) RELATED TO, IN CONNECTION WITH, OR OTHERWISE, EVEN IF JINDAL PRODUCTIONS PVT. LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JINDAL PRODUCTIONS PVT. LTD. SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND AN VENDOR, EVEN IF JINDAL PRODUCTIONS PVT. LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JINDAL PRODUCTIONS PVT. LTD. SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND JINDAL PRODUCTIONS PVT. LTD.'S REASONABLE CONTROL. IN NO EVENT SHALL JINDAL PRODUCTIONS PVT. LTD.'S TOTAL LIABILITY TO YOU CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RS.1000/- (RUPEES ONE THOUSAND ONLY)

17. Miscellaneous

1. Force Majeure: Neither Party shall be liable for any failure or delay in performance under this Terms to the extent such failure or delay is caused due to reasons beyond that party's reasonable control such as technical malfunctions, governmental actions, acts of God; acts of a public enemy, wars, insurrections, riots, epidemics pandemics bacterial infection, landslides, lightning, earthquakes, fires, storms, floods, washouts; arrests and restraints of the government; necessity for compliance with any court order, law, ordinance or regulations promulgated by any governmental authority having jurisdiction, either federal or state, civil or military; civil disturbances; any other events, matters, or causes, whether of the same kind enumerated herein or otherwise, which shall not be reasonably within the control of the Party affected thereby and occurring without its fault or negligence, provided that force majeure will apply only if the failure to perform could not be avoided by the exercise of due care by the Party invoking this clause and such party does everything reasonably possible to resume its performance under these Terms. In the event of the force majeure conditions continuing beyond two weeks, the Party to whom the affected obligations are owed shall have the right to terminate these Terms by written notice of fifteen days.
2. Severability: If any provision of these Terms is found by court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of these Terms, and all provisions not affected by such invalidity shall remain in full force and effect. The Parties shall nevertheless be bound to negotiate and settle an alternate clause that shall be as close to the intent of the original clause and which shall nonetheless be valid and enforceable.
3. No Waiver: The waiver by either party of a breach or default of any of the provisions of these Terms by the other Party shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of either Party to exercise or avail itself of any right, power or privilege, operate as a waiver of any breach or default by the other Party.
4. Independent Contractors: It is understood and agreed that the relationship between the Parties is on a principal-to-principal basis. Nothing in these Terms shall constitute an agency, employment, partnership or any other relationship whether in the nature of a joint venture or otherwise between the Parties.
5. Notices: All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the registered office addresses. Notices may also be sent through emails, however, such emails must be followed up with a physical notice at the above mentioned address within a period of ten (10) days.
6. Entire Terms: These Terms, including Schedules, shall constitute the entire Terms between the Parties and shall supersede all other and prior arrangements, Contracts, and understandings prior to the execution of these Terms.
7. Arbitration: If any dispute/difference arises between the parties then the Parties shall meet to discuss the matter and shall negotiate in good faith to resolve the matter. However if such matter remains unresolved within 60 days from the date of dispute intimated to other party in writing thereafter the matter shall be referred to the sole arbitrator appointed by Jindal Productions Pvt. Ltd.. The Reseller has consented to Jindal Productions Pvt. Ltd. to appoint arbitrator as per its (Jindal Productions Pvt. Ltd.'s) discretion under this contract.. The Arbitration and Conciliation Act, 1996 shall govern the arbitration proceedings and the place of Arbitration shall be Mumbai. Language of Arbitration shall be English. Cost of Arbitration shall be borne in equal proportion by the Parties. Attorney costs shall be borne individually by each Party. The Arbitration award shall be final and binding upon the Parties.
8. Governing Law and Jurisdiction: This Terms of Service shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mumbai, India
9. Headings: The headings of clauses in these Terms are merely indicative and shall not be taken into consideration in the interpretation or construction of the Terms.