In the course of registering for and availing various services we provide from time to time through our website www.igindiabiz.com (“Website”, telephone search, SMS and WAP) or any other medium in which IgindiaBIZ 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
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.
This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made there under. 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 IgindiaBIZ’s service via IgindiaBIZ Portals. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.
This Terms Of Service guides the contractual relation between Vendors (hereinafter called as “Vendor”/”Service Provider”, “You” or “Your”) and IgindiaBIZ Limited (hereinafter called as IgindiaBIZ,) and it governs the services offered by IgindiaBIZ through its website (www.igindiaBIZ.com), phone Search, SMS, WAP, APP or any other medium (collectively called “Portals” ). IgindiaBIZ offers you its services only on the Terms and any amendments made under this Terms of Service. IgindiaBIZ’s endeavor will be to send the Terms of Service to you on your registered email ID and/or mobile number via Emails/Sms/WhatsApp and the same is also published on IgindiaBIZ’s website at https://www.igindiaBIZ.com/Terms-of-Use/Service-for-Listing- Service.
Vendors 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. IgindiaBIZ will provide only the Information about the Vendor to the Users in the manner provided for in these Terms. Vendor agrees and acknowledges that IgindiaBIZ does not guarantee any business to the vendor and is merely a medium through which information is made available to the general public.
4)GENERAL TERMS :
5)INFORMATION DISSEMINATION :
IgindiaBIZ currently disseminates Information to the Users through different platforms, viz., telephone, internet, WAP (Wireless Access Protocol) and Wireless (SMS short code) SMS and Whatsapp. IgindiaBIZ 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.
1) This refers to the various kinds of Listings Service that can be selected by the Vendor. IgindiaBIZ provides the following kinds of listings Service (“Listings”): (a) Premium Listings (b) Package Listings (iii) VFL / LFL (Verified / Lifetime Listing) Package (iv) SMS-Promo Services. (v) Cost per enquiry-based packages (vi) Other Services as may be introduced by IgindiaBIZ from time to time and or as mentioned in the invoice or the proposal forms as the case may be.
The Vendor agrees that the PREMIUM LISTINGS are the position-based services, which can be fixed or rotational in nature as reasonably decided by IgindiaBIZ, as per availability in the selected categories and pin codes on the day of receipt of the payment on IgindiaBIZ’s account. Under rotational search, in respect of specific area search, the listing of the vendors will appear on those positions, which have been opted by them. In respect of all area searches, the listings will be displayed rotationally on the basis of amounts paid by them for that category. The Vendor agrees that it shall enlist itself under the Listing which is mentioned in Clause 6 of the Terms of Service. The packages value may vary based upon the city town, medium, category, and such other parameters as may be identified by IgindiaBIZ.
In the event Vendors wish to change/add any categories/pin code etc, it will be done at additional cost, depending on the availability and discretion of IgindiaBIZ. However in case of removal/cancellation/deletion of any categories/pin code in the existing listing, the Vendors shall not claim to reduce the cost or refund the money on the basis of removal/cancellation/deletion of any categories/pin-codes. IgindiaBIZ reserves the right to change the aforesaid Listing Service options by adding new listings or deleting the existing listings or adding, deleting, modifying or merging any categories or keywords or pin-codes. In the event the listing applied for is no longer available, IgindiaBIZ shall endeavor to allot similar Listing to the Vendor. The final decision making power with regard to Listing shall however vest with IgindiaBIZ and such decision shall be final and binding on the Vendor.
The Vendor agrees and undertakes that if Vendor has opted for the maximum number of enquiries in the contract (irrespective of tenure), under such arrangement there shall be no fixed tenure that would be defined. The tenure would be determined on the basis of maximum numbers of enquiries provided to the Vendor’s listings. The Vendor acknowledges that numbers of enquires shall solely be dependent on the market trend/response or user’s demand and IgindiaBIZ does not guarantee on the numbers of enquiries however it shall be its endeavour to provide the services on best effort basis.
Under Package listings, the consideration as paid by the vendor would be allocated by IgindiaBIZ, as available, over categories and pin-codes / locations as opted by the vendor for their listing/contract. The services under package listing would be on rotational basis for a given area specific search or all area search. Vendors would be given preference on the visibility in proportion to the consideration amount paid for that category etc.
c)VFL (Verified Listing) and Life time listing (LFL) Package.
d)Cost per enquiry:
the Vendor/ business listing must identify the business category in which he/she wants to be listed (“Category”) and agrees to pay per enquiry & the total nos. of enquiries. An enquiry is generated when (i) in relation to Telephone & SMS when IgindiaBIZ disseminates information about the vendor/ business listings to a user/caller upon the request by the caller/user for information (ii) in relation to online information, be it directory or other facilities as made available to the users who enquires relevant details of vendors his products/services or business entities details. Currently the mediums available are Telephone/ SMS & online. The cost per enquiry shall be determined based on the total nos. of enquiries divided by total amount as paid by the vendor. To clarify, upon each enquiry being generated through IgindiaBIZ an amount equal per enquiry shall be deducted from the total amount paid by the vendor/business listing. Upon threshold being reached on a given day, no more enquiries shall be shared under the contract however; the vendor may have an option to renew the services as per the prevailing rates.
e)Guaranteed Leads / Calls / Transactions:
Under Guaranteed Enquiry campaign, Vendor//business entities will receive enquiries, calls, among other details, in relation to the information as sought by the user. These enquiries as shared to Vendor/business entities are chargeable, as per payment plans opted by the Vendor/ business entities under this campaign. The services under Guaranteed Enquiry campaign will remain in effect till the completion of minimum enquiry commitment.
7)“IgindiaBIZ / IGINDIABIZ Verified” Stamp
“IgindiaBIZ / IGINDIABIZ 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 Vendor with IgindiaBIZ. This verification is solely based on the documents as supplied by a Vendor/s or as per the details contained in Customer E – Registration Form.
8)“IGINDIABIZ Trusted” Stamp
“IGINDIABIZ 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. “IGINDIABIZ Trusted Stamp” are also allocated to the vendor’s/service providers considering user’s reviews/ratings or any other criteria.
9)LISTING/ SERVICE FEES:
11)CONSEQUENCES OF NON-PAYMENT OF SERVICE FEE / ECS AMOUNT:
12)LUMP SUM PAYMENT MODE:
Vendors who pays the lump sum amount while availing the services under such payment mode the tenure of the Service will be equivalent to the amount paid by the Vendor.
13)ISSUANCE OF INVOICE/ANNEXURES:
14)PRIORITY OF INFORMATION ABOUT VENDORS:
For IgindiaBIZ, providing Information that is relevant to the User is a priority. The User may or may not identify the location and category in respect of which he is seeking Information and IgindiaBIZ will provide such Information (subject to availability of such information) based on such choice of the Users. Amongst the Vendors who fall within the parameters identified by the User, Information about Vendors registered with IgindiaBIZ, that is, the Vendors is first provided on best effort basis, subject to delays due to any technical malfunction. Priority among Vendors i.e., determined on the basis of the listing selected by the Vendor and on the basis of Total Fee to be paid by the Vendor. Nothing contained in the herein, shall be deemed to restrict or prevent IgindiaBIZ from providing Users with Information about other Vendors whether in priority to the Vendors or otherwise, as IgindiaBIZ may in its sole discretion determine. The Vendor acknowledges that IgindiaBIZ 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 Vendor.
15)NO GUARANTEE OF BUSINESS:
IgindiaBIZ does not guarantee that enquiries/leads will be generated by it for the Vendor or that any of such enquiries/leads will be converted into business for the Vendor.
IgindiaBIZ is not obliged and does not market the offerings of Vendor and shall not be obliged to recommend Vendor to the Users. IgindiaBIZ’s obligation under the contract is limited to the obligations explicitly set out herein and in no event does IgindiaBIZ undertake to generate or guarantee Enquiries or business to the Vendor.
Vendor shall defend, indemnify, and hold harmless IgindiaBIZ, 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 (without limitation to reasonable attorneys’ fees and expenses) arising out of or in relation to or in connection with:
18)CONFIDENTIALITY AND RELATED OBLIGATIONS:
The Vendor shall keep any information regarding the Users of the Service (“User Information”) confidential both, during the subsistence of this Terms Of Service and after its termination. The Vendor shall not, without the prior written consent of IgindiaBIZ, transfer (whether for consideration or otherwise) User Information to any third party for any reason whatsoever. The Vendor is specifically prohibited from using the User Information for purposes of seeking any commercial gain out of said User Information. In the event IgindiaBIZ is made aware of any such practice of the Vendor in violation of the terms of this Terms Of Service, IgindiaBIZ shall be entitled to terminate the Services as well as initiate such legal proceedings against the Vendor, as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable law.
19)VENDORS’ OBLIGATIONS TOWARDS END USERS:
20)VENDORS’ OBLIGATIONS TOWARDS IGINDIABIZ LIMITED:
21)VENDORS’ GENERAL OBLIGATIONS:
22)DISCLAIMER AND LIMITATION OF LIABILITY:
To the fullest extent permitted by law, IgindiaBIZ 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, IgindiaBIZ disclaims all guarantees regarding accurate Listing of the Vendor. Vendor understands that there may be errors in such positioning. Neither IgindiaBIZ nor the Vendor 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 vendor’s indemnification obligation. IgindiaBIZ’s aggregate liability to the vendor is limited to amounts paid to IgindiaBIZ by vendor during the 12 (twelve) months immediately preceding the date of the claim. IgindiaBIZ is also not liable for any claim owing to any misrepresentation of the information pertaining to the Vendor so long as the information exhibited/ communicated by IgindiaBIZ conforms to the Information made available by the vendor or its authorized representative.
Notices shall be sent by email addressed notified by IgindiaBIZ/vendor from time to time in writing and may be followed by notice by registered post and dispatched through a reputed courier. Any notice refused by the Vendor would be deemed to have been legally delivered and Vendor will be deemed to have notice of the contents of such notice.
27)MODIFICATIONS TO TERMS OF SERVICE:
IgindiaBIZ reserves the right to change the Terms of Service at any time without any prior notice to the Vendor. Changes to the terms of Service 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 IgindiaBIZ. For Terms of Service with Vendor visit http://www.igindiaBIZ.com/Terms-of-Use.
IgindiaBIZ is entitled to charge the vendor 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 Vendor’s relationship with IgindiaBIZ) and vendor hereby agrees to pay the said taxes and charges promptly without raising any objections. Vendor also agrees that in the event the said taxes and charges are not charged by IgindiaBIZ the same shall be paid by the Vendor directly to the authorities concerned without raising any objection. The vendor further agrees that the taxes and charges payable under this Clause is in addition to the fee paid by the vendor for the Listing and Services rendered by IgindiaBIZ. i) All TDS deductions, form no. 16A should be sent at email@example.com iii) Goods and 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 Goods and Service tax. It is the responsibility of the Vendor to provide the correct Goods and Service tax number before the payments are made. If Vendor fails to provide the GST number or provide incorrect number before making the payment then the Vendor will not get due GST credit for which vendor shall be solely responsible.
All disputes, differences and/or claims arising out of the Terms of Service 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 IgindiaBIZ. The Vendor shall not challenge the nomination of Arbitrator or his award on the ground that the nomination is made by authorized representative/ Director of IgindiaBIZ. 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 Vendor and IgindiaBIZ. The arbitrator will pass a written and reasoned award and will be entitled to award cost of the proceedings.
This Contract, including any Invoice, Annexures, along with the Terms of Service 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 TERMS between the Parties relating to the subject matter hereof.
32)AMENDMENTS AND WAIVERS:
Unless otherwise expressly stated in this Terms of Service, the failure on the part of IgindiaBIZ 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 of Service shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy available to IgindiaBIZ.
1.1 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 usage of IgindiaBIZ’s service via IgindiaBIZ Portals. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872
1.2 This Terms of Service is entered between IgindiaBIZ 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.
4.1.1 you are a bona fide business organization carrying on business in relation to the itemsdisclosed in digital catalogue;
4.1.2 you have the rights to use the trademarks of business name,product images, and other details specified in digital catalogue;
4.1.3 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
4.1.4 all information provided about yourself to IgindiaBIZ 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 IgindiaBIZ.
4.2 You acknowledge that you shall be solely responsible for all materials/information and its use of IgindiaBIZ 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
4.3 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 IgindiaBIZ 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 IgindiaBIZ to the Users or any other third party.
4.4 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.
4.5 You acknowledge that IgindiaBIZ 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 IgindiaBIZ saved and harmless from any such actions or claims that may be initiated against it. You shall also indemnify and hold indemnified IgindiaBIZ at all times against all such actions and claims
4.6 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 IgindiaBIZ 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 IgindiaBIZ’s portals in any manner whatsoever. Any such conduct will lead to an immediate action and IgindiaBIZ at its discretion will initiate proceedings against you before appropriate forum.
4.7 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 IgindiaBIZ portals to cause any wrongful harm to IgindiaBIZ or its users. You represent that in event the loss is caused due to your negligence, then you will bear the entire loss and IgindiaBIZ shall not be responsible for the same.
4.8 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.
4.9 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.
4.10 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.
4.11 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.
5.1 IgindiaBIZ reserves the right to vary the contents of digital catalogue from time to time by adding, removing or modifying content as IgindiaBIZ thinks fit, and does not guarantee or warrant that any particular item or items of content will be available at any given time.
5.2 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 IgindiaBIZ.
5.3 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.
5.4 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.
6.1 To the fullest extent permitted by law, IgindiaBIZ 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, IgindiaBIZ disclaims all guarantees 4 regarding the services and digital catalogue. You understand that there may be errors in the services. IgindiaBIZ 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. IgindiaBIZ 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 IgindiaBIZ conforms to the Information made available by you or any person on your behalf
6.2 Once the Digital Catalogue contents/materials are approved by you or any person on your behalf, IgindiaBIZ 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 IgindiaBIZ 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.
7.1 Breach of any provision of this Terms or non-performance of any of its obligations;
7.2 By reason of any infringement of any intellectual property rights;
7.3 Any representation and warranty given by You to IgindiaBIZ under this Terms being found to be untrue, false or incorrect; or
7.4 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
7.5 Any third party claims
9.1 IgindiaBIZ Brands.
IGINDIABIZ PAY TERMS OF SERVICE are a legally binding agreement between Merchant (hereinafter referred to as “You”), and IgindiaBIZ Limited (hereinafter referred to as “IgindiaBIZ”), and apply to your use of IGINDIABIZ PAY Services. IgindiaBIZ offers a payment service solution that allows users to make a payment for goods or services.
It is important that you read and understand these Terms as they govern your use of the IGINDIABIZ PAY Services. These Terms contain a binding arbitration provision, which affects your legal rights and may be enforced by the parties. By accessing or using the IGINDIABIZ PAY Services, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately stop using the IGINDIABIZ PAY Services.
We may amend these Terms at any time by posting a revised version on www.igindiaBIZ.com or any other website we maintain for purposes of providing the IGINDIABIZ PAY Services. Amended Terms are effective at the time we post them and your continued use of the IGINDIABIZ PAY Services constitutes your acceptance of any amended Terms. We may notify you regarding upcoming Terms changes by us.
By clicking on the “I AGREE” button or a similar affirmation, or by acknowledging acceptance of the Agreement by any other method allowed by IgindiaBIZ, or by using or accessing the IGINDIABIZ PAY Services through any means permissible including, without limitation via a computer or a mobile application, you acknowledge and agree that: (i) you have reviewed and understands the Agreement; (ii) you agree to be legally bound by the terms and conditions of the Agreement; and (iii) your use of the IGINDIABIZ PAY Services will be governed by this Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this Agreement, you should not click on the “I AGREE” button and should not seek to obtain or use the IGINDIABIZ PAY Services.
While using IGINDIABIZ Pay Service, you represent and confirm that:
If at any time during the term of this agreement the performance in whole or in part by any one of the parties, of any obligation under this agreement is prevented or delayed by reason of war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action or Act of God, the other party shall not be entitled to terminate this agreement neither shall any party have any claim for damages against the other in respect of such non-performance or delay in performance, provided notice of the happening of any such event/s is given by the affected party to the other within twenty one (21) days from the date of occurrence thereof.
Banned/Prohibited list of Products and Services referred to in this Agreement is as mentioned herein below:-
We may amend these Terms at any time by posting a revised version on www.igindiaBIZ.com or mobile site i.e., http://wap.igindiaBIZ.com/?m=1 any other website we maintain for purposes of providing the IGINDIABIZ PAY Services. Amended Terms are effective at the time we post them and your continued use of the IGINDIABIZ PAY Services constitutes your acceptance of any amended Terms. We may notify you regarding upcoming Terms changes by us.
6.2. ‘One Tap’ Feature:
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 faster checkout saved card and clicking the “Make Payment” button. The One Tap feature may be divided in two parts:
IgindiaBIZ shall process a refund, when a valid authorization and presentment was previously processed and the Users subsequently either cancelled the transaction or returns the goods, or wishes to refund the amount in cases of services not rendered, or to rectify any transaction processing error, or services/goods is not delivered within prescribed period of your completion of the transaction, then you may inform us by sending an email to our customer services email address mentioned on the Contact Us page, containing the complete details of the said disputed transactions such as date, time, order/transaction numbers, account number etc..
For processing a refund, the users shall present a refund request to IgindiaBIZ along with all the required detail to identify the previously authorized and settled transaction and IgindiaBIZ shall process the refund within 5 (Five) working days from the date the refund request is received. The refund request must describe the failed / returned / rejected / cancelled transactions or merchandise were returned, services cancelled or adjustment made.
The funds have to be credited back to the same source from where these were received, and not by cash or any other mode. In case of any users’ complaint regarding non- refund for failed transactions and/or non-credit for successful transactions shall be dealt by the Bank. Any complaint about credit not being given to Users should be dealt with conclusively and bilaterally by the remitting and beneficiary banks as per its Policy.
Note: IgindiaBIZ is not responsible for any wrong purchase or recharge for an incorrect mobile number or DTH account number or fund transfers in an incorrect bank account or any unauthorised payment by users. You are sole responsible for the accuracy, authenticity of information pertaining to the goods/services or the payment credentials while using the IGINDIABIZ Pay Services.
By registering to use of IGINDIABIZ Pay Services, you consent to conduct transactions and receive communications, notices and information from us electronically or otherwise, whether sent by e-mail or other means. Communications shall be deemed to have been received by you when we send the communication to the email address/mobile number that as per our records, or when we post the communication on IgindiaBIZ website. You can withdraw your consent at any time by contacting us, but we reserve the right to terminate your account upon such withdrawal. Withdrawal of your consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received. You agree to notify us promptly if your email address or other contact information changes by updating your account information or contacting us.
Except for Posted Information that you submit, all of the information available on or through the Services and/or the Website, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent and trade secret laws, other proprietary rights and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain IgindiaBIZ’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Website in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in the Website and the Services not expressly granted by us to you are retained by IgindiaBIZ.
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 IgindiaBIZ’s service via IgindiaBIZ’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 IgindiaBIZ , a firm having its regional office at 10, Adi Banstalla, Barabazar, Kolkata-700007 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.
(i) ‘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.
(ii) ‘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”.
(iii) ‘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.
(iv) ‘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 https://www.igindiaBIZ.com/Terms-of-Use and that business person after knowing the Terms of Services has shown interest in availing services from IgindiaBIZ.
(v) ‘Paid Services’ – means Listing services or any other services offered by IgindiaBIZ are subscribed by the Vendors by making the requisite payment for services to IgindiaBIZ, after having the complete understanding of Terms of Service available at https://www.igindiaBIZ.com/Terms-of-Use from the Reseller.
(vi) ‘Contract Value’ means the complete payment made by the Vendor which is received by IgindiaBIZ in its bank account, before the activation of the services by IgindiaBIZ.
(vii) ‘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 IgindiaBIZ through Reseller are validated/verified as correct, genuine and existing by the Reseller.
(viii) ‘Duplicate Contract’ shall mean the contract of those Vendors/Business entities who is availing paid services from IgindiaBIZ or has taken paid services during last 60 (Sixty) days.
(ix) ‘Genio Lite Module’ b> 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 IgindiaBIZ from time to time.
(x) ‘Confidential Information’ means all information including but not limited to information disclosed to the Reseller by IgindiaBIZ 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 IgindiaBIZ’s proprietary database software application, the database of names and addresses and other directory information compiled by IgindiaBIZ at significant cost and effort, the method of categorizing of directory data adopted by IgindiaBIZ, 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 IgindiaBIZ to access the proprietary software of IgindiaBIZ, the data available to the Reseller through the proprietary software of IgindiaBIZ, the information regarding potential Vendors, business plans of IgindiaBIZ, 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.
(xi) ‘Membership ID’ means the unique digit number allocated by IgindiaBIZ to the Reseller which the Reseller shall quote in all correspondence with the IgindiaBIZ.
(xii) ‘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 IgindiaBIZ.
Reseller shall be responsible for providing services including but not limited to marketing, promoting and selling various services/products offered by IgindiaBIZ 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.
(ii) 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.
(i) 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 IgindiaBIZ and protect the interests of IgindiaBIZ.
(ii) Reseller shall take proper training as updated in the Genio Lite Module and IgindiaBIZ website and as provided by IgindiaBIZ from time to time.
(iii) 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.
(iv) 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.
(v) The Reseller shall market IgindiaBIZ Services and enlist Vendor’s, for the products/services as made available by IgindiaBIZ in Genio Lite Module or as instructed by IgindiaBIZ from time to time.
(vi) 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.
(vii) 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 at https://www.igindiaBIZ.com/Terms-of-Use 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 IgindiaBIZ) 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 IgindiaBIZ is providing any product or services to that Vendor or not.
(viii) The Reseller understands and agrees that IgindiaBIZ 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.
(ix) 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 IgindiaBIZ.
(x) 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.
(xi) Reseller shall always quote the Reseller’s Membership Id when logging in and/or submitting the details related to Vendor’s Paid Services to IgindiaBIZ and in all other correspondence with IgindiaBIZ.
(xii) 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 IgindiaBIZ’s authorized representative in respect of such doubts by sending email at geniohelpdesk@IgindiaBIZ.com and giving the Membership Id and other necessary details necessary for indentifying the queries raised by Reseller.
(xiii) It shall be the responsibility of Reseller to keep confidential the Membership Id and the username and password provided to Reseller by IgindiaBIZ for accessing the Genio Lite Module. Reseller shall immediately inform IgindiaBIZ of any breach of this sub clause. IgindiaBIZ may, in its sole discretion, terminate this Contract for any breach of this sub clause and also claim damages for any losses which IgindiaBIZ might have incurred due to the misuse and/or breach of the Link.
(xiv) Reseller shall adhere strictly to the representations and warranties and obligations of non-compete, confidentiality and intellectual property as prescribed under this Contract.
(xv) 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, IgindiaBIZ’s decision will be final and binding on Reseller.
(xvi) Reseller confirms that the data and information captured by Genio Lite Module shall prevail and be binding on You at all times.
(xvii) 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 IgindiaBIZ may direct in relation to such infringement.
(xviii) Reseller undertakes to compensate IgindiaBIZ for any use of the Intellectual Property Rights and/or to indemnify IgindiaBIZ for any liability incurred to third parties for any use of the Intellectual Property Rights, otherwise than in accordance with this Contract.
(xix) 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 IgindiaBIZ.
(xx) Reseller acknowledges that any goodwill or reputation for the Service or Vendor Data generated by the Reseller under this Contract will belong to IgindiaBIZ and upon termination of this Contract for whatever reason the Reseller shall not be entitled to claim any compensation, in any manner whatsoever.
(xxi) Reseller not cause to be done any act/representation/omissions which results to loss of goodwill and damage to the reputation to IgindiaBIZ.
(xxii) Reseller agrees not to (directly or indirectly) (i) access, monitor or copy any content or information of IgindiaBIZ 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 IgindiaBIZ or bypass or circumvent other measures employed to prevent or limit access to IgindiaBIZ.
(xxiii) 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
(xxiv) 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 IgindiaBIZ for the same.
(xxv) 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.
(xxvi) The Reseller shall carry out all directions and instructions as IgindiaBIZ may issue from time to time.
(xxvii) The Reseller shall not give any warranty to the Vendor in respect of any of the Services without the written authority of IgindiaBIZ.
(xxviii) 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.
(xxix) 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.
(xxx) All Data provided by the Reseller is and will remain the property of the IgindiaBIZ. IgindiaBIZ 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 IgindiaBIZ’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.
(xxxi) Reseller shall promptly correct any errors or inaccuracies in the Vendor’s Data to the extent such errors or inaccuracies were caused by Reseller.
(xxxii) Reseller confirms that IgindiaBIZ do not provide any business/income guarantee to Vendor or to Reseller in any manner.
(xxxiii) Reseller will not “cyber-squat” over and/or otherwise compete with IgindiaBIZ’s Keywords including but not limited to IgindiaBIZ, IgindiaBIZ.com, IgindiaBIZ services, IGINDIABIZ, IGINDIABIZ.com thereof on Google Ad words or other media (online or offline) in any manner whatsoever.
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 IgindiaBIZ’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 IgindiaBIZ, 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 IgindiaBIZ. 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.
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 IgindiaBIZ.
iii) Termination for cause: Notwithstanding anything contained herein, IgindiaBIZ 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 IgindiaBIZ (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.
IGINDIABIZ 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 IGINDIABIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IGINDIABIZ 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 IGINDIABIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IGINDIABIZ SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND IGINDIABIZ’S REASONABLE CONTROL. IN NO EVENT SHALL IGINDIABIZ’S TOTAL LIABILITY TO YOU CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RS.1000/- (RUPEES ONE THOUSAND ONLY)