AGREEMENT CONTAINING TERMS OF USE (Please read the contents very carefully before you click the “I ACCEPT” icon at the end of the Agreement)

Terms of Use Agreement

This Terms of Use Agreement (this “Agreement”) is entered into by and between Zoryboard Software Solutions Private Limited. (the “Author”) having CIN U93090TN2018PTC126441 and “you,” the user of this app, known as the “Ghoshak” (the “App”). Access to, downloading, use of and/or accessing the App is provided subject to the terms and conditions set forth herein. By accessing, downloading or using the App, you hereby expressly agree to these terms and conditions. Therefore, it is mandatory that only if you have attained the age of majority and the competence to enter into a contract, you can download, access or otherwise use the App. In addition, any usage / subsequent usage of the App which you have downloaded or accessed by any person who is below the age of majority should be strictly under parental / adult guidance and supervision.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE AUTHOR’S LIABILITY TO YOU IN RELATION TO ALL ASPECTS OF THE APP. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS DOWNLOADING, USING OR ACCESSING THE APP CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE REFRAIN FROM DOWNLOADING, USING AND ACCESSINGTHE APP IMMEDIATELY AND DO NOT USE, DOWNLOAD, ACCESS OR READ THE APP OR ANY OF ITS CONTENTS.

BY DOWNLOADING OR ACCESSING OR OTHERWISE VIEWING / USING THE APP, YOU FULLY ACKNOWLEDGE AND AGREE THAT YOU HAVE FULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH HEREIN ARE FAIR, REASONABLE AND AGREEABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS FULLY VOLUNTARY ON YOUR PART ON YOUR OWN ACCORD AND IS NOT RESULT OF COERCION, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.

GENERAL

Registration and user Accounts: In order to use the App, you must register for and maintain an active services account (“Account”). Unless otherwise expressly agreed, you are allowed to maintain only one account. Registration process requires you to submit to certain personal information, such as your name, address, date of birth, anniversary, gender, mobile phone number, email address, preferences and other personal and business details,. You fully agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account informationmay result in your inability to access and use the App and the Author shall be fully entitled to suspend, terminate or otherwise deactivate the services of the Account, either permanently or otherwise. You are fully responsible to maintain security and secrecy of your Account and other details and shall be fully responsible for all activity that occurs under your Account. The right to use the App is personal and is not transferable to any person without the express permission from the Author. You also fully acknowledge that the Author shall not in any manner whatsoever be responsible or liable for any interruption in services or events and the author shall not be responsible for any data lost while transmitting information. You also acknowledge that the services and / or the App may be unavailable from time to time for any reason, including but not limited to maintenance, data issue etc. You understand and acknowledge that due to circumstances both within and outside of the control of the Author, access to the App and / or the services may be interrupted, suspended or terminated from time to time. The Author reserves the right, in its sole discretion, to terminate the access to any or all the related services or any portion thereof at any time, without notice and it shall also have the right at any time to change or discontinue any aspect or feature, including, but not limited to, content, graphics, images, offers, settings, hours of availability and equipment and technical specifications needed for download, access or use. The Author makes no warranty to the users for the quality, safety, usability, or another aspect of the product or service for which the coupons, voucher, loyalty points, coupon codes, promotional offers, any promo code etc may be redeemed and the user takes responsibility for his or her own actions in utilizing the services for which same can be redeemed or used.

The Author provides an interactive online service owned and operated by it through the App (and through website, if any). The Service rendered by the Author is to provide its customers [“customers”] with an online marketplace to identify, locate and interact with Vendors [“you”] of a variety of consumable products [“Products”]. The App provides you with several customizable services including the right to offer for sale Products / Services based on the customers’ location and your shop/ business within such geographic location. The details of the Products / Services including their quality, quantity and other relevant details are all to be provided by you and updated by you from time to time. You acknowledge and understand that the Author does not provide any of this information nor take orders for the purchase of the Products nor delivery of such Products/ Services all of which will be done by you. The Authors role is to facilitate your access to customersbased on your geographic location, provide them with details of your Products / Services and communicate their requirements for the purchase of Products / Services to you. Actual sales of the Products / Service, delivery of the Products / fulfilment of the services and payment for the sale of such Products / services are between you and the customers. You understand that the Author has business relationships with third parties customers, that provide services in relation to creation, production or distribution of content, third parties that provide advertising services and third parties that perform function on behalf of the author for engaging in administrative and /or promotional activities etc.

The services by the Author do not include the provision of a mobile phone, computer or other necessary equipment or facility to access the App. To use the App and the services thereof, you will require appropriate equipment, hardware, software, internet connectivity and appropriate telecommunication links and you shall pay all charges related thereto. The Author shall not in any manner be liable for any damages to your equipment resulting from the use of the App or the services.

Privacy

Please review our Privacy Policy, which also governs your usage, to understand our practices. The personal information / data provided to us by you during the course of usage of will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.

E-Platform for Communication

You agree, understand and acknowledge that it is an online platform that enables customersto identify you based on your geographic location seeking Products which you have represented as havingto offer for sale to the customers.. You further agree and acknowledge that Author is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website / Mobile Application. Accordingly, the contract of sale of products / services on the website shall be a strictly bipartite contract between you and the customers.

Products / Services: As a part of the service offered to you, you will be granted the right to showcase your Products / Services on the App/website. You are required to provide accurate information about the Products / Services and ensure that all Products / Services that you offer for sale are genuine and original. Under no circumstances are you permitted to offer for sale products which are adulterated, counterfeit or tampered with in any manner. You acknowledge and confirm that the Products that you offer for sale and/or the Services that you render shall not be illegal or contravene and law in force. You acknowledge and agree that you have purchased/have a distribution arrangement with the seller of the Products and that you have acquired such Products lawfully. You further acknowledge that you have the right to offer for sale such Products and comply with the requirements of relevant statutes including but not limited to Legal Metrology, FSSAI, Drugs and Cosmetics laws. You acknowledge and agree that if your Products and/or Services contravene the provisions of this clause the Author has the unilateral and exclusive right to terminate the services offered to you by the Author and to remove your Product/Service Listing with immediate effect.

Additional Services:

You acknowledge and agree that in addition to the E-commerce platform, the Author may provide you with a range of services on the App and Website including but not limited to showcasing your store, creating a website, creating a page on the App and Website, providing you with billing software, booking appointments and a range of other products and services. You acknowledge and agree that your use of the Authors services is subject to certain terms and conditions based on the service/product that you have engaged the Author which may be governed by a separate written agreement.

Access

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

Licence for access

Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, Author grants you a non-exclusive, revocable, limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Author and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

This App (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Author and / or its affiliates, as may be applicable.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Author and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilising Author’s or its affiliates’ names or trademarks without the express written consent of Author and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by Author and / or its affiliates, as applicable.

Data:

You acknowledge and agree that as a part of your use of the App/Website or any of the Author’s services you will create, collect or generate a wide range of data. Subject to the terms of the Privacy Policy, all data collected by the App/Website shall belong to you with an irrevocable, perpetual, exclusive license granted to the Author for the use in any manner.

INFORMATION DISCLAIMER

The write up and opinions expressed in the App are not necessarily the opinions of the Author and the App is created by the Author through its employees and consultants and the users can fill in the contents to the App, which are not specifically edited by the Author and as a result, the appropriateness thereof may not be attributed to the Author.

Any opinions or view of the Author in the App are or have been rendered based on specific facts, under certain conditions, and subject to certain presumptions or assumptions, which may not be valid under all circumstances, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding or any situation or condition and the same shall always require appropriate professional advices from the experts in the field.

The Information contained in the App may be changed without notice and is not guaranteed to be complete, correct, error-free, timely, current or up-to-date. Similar to any printed materials, the Information may become out-of-date. The Author undertakes no obligation to update any Information on the App; provided, however, that the Author may update the Information or withdraw the App fully or in part at any time without any notice, in the Author’s sole and absolute discretion. Accordingly, Author reserves the right to make alterations or deletions to the Information or the App or withdraw it either in full or in part, at any time without notice.

POSTING GUIDELINES

The App is open to the public. Therefore, consider your posting of contents, images, graphics, comments etc carefully and do not include anything that you would like to keep private or with fraudulent purpose or that may be construed as inappropriate or illegitimate or any information for which you have not obtained all necessary license and/or approvals (from us or third parties); or which constitutes or likely to be construed as a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world or which is or likely to be technically harmful (included computer virus, malicious software, harmful data or anything which could or is likely to destruct or disrupt equipment etc). By uploading or otherwise making available any information, images, graphics etc. in the form of user contents or otherwise, you grant the Author the unlimited, perpetual right to distribute, display, publish, reproduce, reuse, copy, edit and/or filter the information contained therein.

You are responsible for the content you post. You shall not impersonate any other person in accessing the App or otherwise. You shall not post any content that is obscene, defamatory, threatening, fraudulent,invasive of another person’s privacy rights, tortious, harassing, hateful, racist, pornographic, violent, misleading, grossly offensive, indecent, obscene or menacing character, contempt of court of in breach of confidence, or is otherwise unlawful. You shall not, knowingly or unknowingly, post any content that infringes the intellectual property rights of any other person or entity. You shall not, in any manner whatsoever, post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.

By submitting or posting content on the App, you grant the Author and any company substantially under the control of and / or associated with the Author, the right to remove any content or information that, in Author’s sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant, the Author and any company substantially under the control of and / or associated with the Author, the right to modify, adapt, and edit any content.

Accurate Information: You will be granted the right to post details of the Products / Services that you have and are willing to offer for sale. You will be permitted to post photographs of the products that you are offering for sale along with a description of the Product, the number of products you have available and the price of the products. You agree to provide the customers with updated and accurate information. You further agree that the content that you post will not infringe third party intellectual property rights, be obscene or pornographic and will comply with local laws.

Your Conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not Author, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:

• for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
• to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam

• to cause annoyance, inconvenience or needless anxiety Reviews, comments, communications and other content

  Users of this App may post reviews, comments and other content on the nature of services rendered by you send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Author reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Author violates these Conditions of use and, or terminate your permission to access or use this website. If you do post content or submit material, and unless we indicate otherwise, you

• (a) grant Author and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Author and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

  You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Author, including the execution of deeds and documents, at its request.

  You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to Author: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Author policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Author and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

PROMOTIONAL ACTIVITIES

The Author may, in its sole discretion, create promotional codes, promotional offers, coupons etc, that may be redeemed for account credit, or other features or benefits related to the services and/or any related services, subject to any additional terms that the Author may establish. You agree that such promotional codes are at the absolute discretion of the Author and the same may be modified, terminated or extended by the Author as it may deem fit and such promotional codes (i) must be used in a lawful manner and for the intended audience and purpose; (ii) shall be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by the Author; and (iii) shall be strictly subject to the terms and conditions specified by the Author and may be disabled by the Author at any time for any reason without liability to it. The Author is fully entitled to withhold or deduct credits or other features or benefits obtained through the use of promotional codes by you or any other user in the event that the Author believes that the use or redemption thereof was in error, fraudulent, illegal, or in violation of the applicable terms or these terms. You agree that you will honor and grant the benefits of such promotional offers to the customers of the Author. You may offer certain promotional offers and discounts of your own, subject to the Approval of the Author and provided that it is in compliance with local laws and regulations. You agree to be bound by the promotional offers that you provide and will employ best efforts to ensure that your dealing with the customers for the redemption and conflicts regarding such offers will be open, honest and will not reduce the reputation of the Author. You agree and acknowledge that since your Products and services are rendered through the App, your conduct reflects the Author and you will take appropriate care in your conduct.

DISCLAIMERS

1. GENERAL

   The data contained in this app, including the text, images, and graphics, animation, 3D Models, Interactivities, Assessments are for informational purposes only. Use of this App is not intended to be a substitute for professional advice, endorsement, warranty, guarantee, opinion or judgment and you should promptly contact your advisor and / or the concerned professional regarding any conditions or questions that you may have. This App does not offer any opinion or advice, and nothing contained in the content is intended to constitute or provide any professional advice. The information contained in this App delivers information for general knowledge purpose only. The Author accepts no responsibility for the correctness of any opinion formed or decisions made based on any information provided in or by the use of, this App. We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of this Agreement. BY DOWNLOADING, ACCESSING, OR USING THE APP, YOU FULLY UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO PROFESSIONAL RELATIONSHIP BETWEEN YOU AND THE AUTHOR.

   Although due care has been taken in compiling and checking the information contained in the App to ensure accuracy, the Author, its employees, sponsors, consultants, servants or agents shall not be responsible or in any way liable for any errors, omissions, distortions or inaccuracies in the App or the information contained therein, whether arising from negligence or otherwise, including any consequences arising therefrom.

   We reserve the right to change, modify substitute, suspend or remove without notice any information or coupon, voucher, loyalty points, coupons, promotional offers, any promo code, which the Author may, in its sole discretion, offer or service from time to time. Your access to the services or the App may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your equipment or other third party software to operate. For the avoidance of doubt, we may also, in our sole discretion, withdraw any information or coupon or voucher or loyalty points, promo code at any time.

   This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

   You acknowledge and agree that the Author is not involved in or engaged in receiving payments for the sale of Products / Services nor the delivery of such Products or the fulfilment of these services on the App. We shall not be liable in any manner whatsoever in respect of any loss or damage arising, directly or indirectly, out of the decline or other issues in relation to authorisation of any payment transaction or bank related transactions, claims etc.

2. DISCLAIMER OF WARRANTIES

   THIS APP AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF WHATSOEVER NATURE. THE AUTHOR MAKES NO REPRESENTATIONS OR ENDORSEMENT ABOUT THE SUITABILITY FOR ANY PURPOSE OF THE INFORMATION OR DETAILS AVAILABLE THROUGH THIS APP. THE AUTHOR DOES NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS, OR ACCURACY OF THE CONTENT OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON OR THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN OR WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED OR ALLOWED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES, AND ALL OTHER INFORMATION CONTAINED IN AND/OR MADE AVAILABLE THROUGH THIS APP, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS APP. ALTHOUGH WE MAY UPDATE THE CONTENT ON THIS APP FROM TIME TO TIME, PLEASE NOTE THAT INFORMATION CHANGES RAPIDLY. THEREFORE, SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN ERRORS.

   The App may contain graphic – or other -related materials. If you find these materials offensive, you may not want to use this App.

   Without limiting the generality of the foregoing, the Author makes no representations or warranties with respect to any Information offered or provided within or through the App to be used or be suitable for any conditions, action, or application or any other similar use or decision making.

3. DISCLAIMER OF ALL CONSEQUENCES

   Under no circumstances, as a result of your use of the App, will the Author be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Author shall have absolutely no liability in connection with the App for:

   1. damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, non-delivery of information, deletion of files, mistakes, defects, errors, interruptions or computer failure or malfunction; or

   2. any loss or injury caused, in whole or in part, by the Author’s actions, omissions, or negligence, or for contingencies beyond the Author’s control or knowledge, in procuring, compiling, or delivering the Information; or

   3. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or

   4. any decision made or action taken or not taken in reliance upon the Information; or

   5. any injury, adverse health condition or similar other consequences encountered or suffered by any user of the App due to the App or any contents therein; or

   6. any other consequence of what so ever nature.

FORBIDDEN USES:

The following acts and deeds are, inter-alia, expressly prohibited and you expressly undertake not to do (directly or indirectly or to permit anyone else to do) any of the following:

1. furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers, business details etc;
2. send unsolicited mails, messages, posts etc., including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material;
3. attempt to circumvent our security or network including accessing data not intended for you, logging into a server or Account you are not expressly authorized to access, or probe the security of other networks or access the App in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation;
4. directly or indirectly creating chain letters, multi-level marketing or other pyramid schemes of any type, whether or not the recipient wishes to receive such mailings;
5. enter into fraudulent interactions or transactions with us, a Seller or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
6. use the Services or Site (or any relevant functionality of either of them) in breach of this Agreement;
7. engage in any unlawful or criminal activity in connection with the use of the services and/or the App or any coupon, voucher, loyalty points, coupons, promotional offers or any promo code; or
8. any act, deed or conduct, which the Author, in its exclusive discretion, construes to be in breach of the terms and / or any law.

INTELLECTUAL PROPERTY

The Author grants you a limited, personal, non-transferable, non-exclusive, revocable license to access and use the services and App pursuant to this Agreement and to any additional terms and policies set forth by the Author. All Intellectual Property Rights (including all copyright, patents, trademarks, service marks, trade names, designs) whether registered or unregistered, information content or accessed as part of the service, any database operated by us and all the Website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property and shall not be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission.

The App, Author’s logos and variations thereof found are trademarks owned by the Author and all use of these marks inures to the benefit of the Author. All rights (including goodwill and, where relevant, trade marks) are exclusively owned by us.

Subject to the terms hereof, any information or material you transmit or post or submit to the App (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation or such legislation which provides for protection of electronic data under Indian Laws. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.

You hereby fully agree, understand and confirm that each and every part of the App, including its contents in form of information, comments, suggestions, ideas, graphics, images, etc. as well as the underlying software, interactive mechanism etc. as embedded or provided in the App are copyrighted and protected intellectual property rights of the Author. You are therefore not entitled to copy, reproduce, extract or otherwise disseminate any information of the App (graphics/ interactivities / 3D model / content) or copy ideas / approach / UI design from the App, without prior written permission from the Author.

THIRD PARTY INTELLECTUAL PROPERTY:

You agree and acknowledge that you are entitled to put up pictures and descriptions of the Products which may include the intellectual property of third-party owners. The Author does not claim any proprietary rights over any of the content, trademarks, copyrights designs or any intellectual property rights of such third-party content.

You acknowledge that, in the event of any third party claim that the content on theApp and use of the App infringes that third party’s intellectual property rights, we, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

The Author has put in place an IP Take Down Policy so that intellectual property owners can easily report listings that infringe their rights to ensure that infringing Products/content are removed from the App.

Only the intellectual property rights owner can report potentially infringing Products or listings through the Take Down Policy by way of Notice of infringement by email to support@ghoshak.comWhen raising a complaint for intellectual property infringement, you need to specify your rights, the specific url of the infringement content, a note on how the content infringes your intellectual property rights and provide us with copies of registration certificates or documents based on which you assert your rights.

If a complaint has been raised against you, the Author has the right to seek further information and details of the products and the alleged infringement. You agree to provide all the necessary information in a timely manner. The Author has the right to suspend your account pending such investigation and terminate your services if the complaint is found to be true. You agree to indemnify the Author for any loss on account of any act of intellectual property infringement by you.

INDEMNIFICATION

You agree to fully indemnify and hold the Author harmless for all times to come from any claim or demand, including attorneys’ fees, made by any third party against the Author or anybody connected to it as a result of (1) any content or information posted or made available by you on this App, or (2) any violation of law that occurs by you through the App, or (3) anything you do using the App and/or the Information contained therein or (4) any reason attributable to you or anybody connected to you.

LIMITATION OF LIABILITY

You agree that, the aggregate liability of the Author towards you, whether under contract, tort or otherwise, shall not, under any circumstances and to the fullest extent permitted under the applicable law, exceed the actual amount paid by you for downloading or accessing the App.

THIRD PARTY CONTENTS

The Author is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, the Author does not have editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by you, including third parties or any other Users are those of the respective author(s) or distributors and not of the Author. Neither the Author nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. The Author neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the website or the App and under no circumstances will the Author be liable for any loss or damage caused by User’s reliance on information obtained through the website or the App. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice etc. or other content available. The App may contain links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by the Author of the contents on such third-party websites. The Author expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If the User decides to access linked third-party websites, the User does so at his/her own risk. Unless otherwise expressly agreed in writing by the Author, you shall not provide a hyperlink to the Website from any other website and we reserve the right to revoke the consent to any link at any time in our sole discretion.

ADVERTISEMENT

The Author may place advertisements in different locations on the App and /or Website and at different points during use of the Service. These locations and points may change from time to time as per our sole discretion. Advertisement may be delivered by a third-party advertiser, who may use cookie on your browser and may inter-alia, use any information relevant thereof. You are free to select or click on advertised goods and services or not as you see fit.

INVALIDITY

If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction to the limited extent, but shall have no effect on the enforceability of the remaining provisions.

You hereby acknowledge that this Agreement represents the entire understanding between you and the Author concerning your use of the App and the Information contained therein.

The Author may, in the Author’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in party at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the App.Such modifications may include, among other things, the adding of certain fees or charges. It is therefore suggested to re-read the important terms, notice etc from time to time. If you continue to access, download or use the App, you are implicitly agreeing to the amended Terms of Use and Privacy Policy. Unless specified otherwise, any such modifications thereof shall be effective immediately upon the author the author and / or anybody connected to it including but not limited toposting of any contents, the information services will be deemed to constitute acceptance of the new terms and conditions. The author may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the App or any portion thereof, at any time for any reason.

WAIVER

The Author’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.

DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION

Any dispute arising out of the download, access or use of the App or in any manner connected to the App between you and the Author, under this Agreement or otherwise, shall be resolved through arbitration under the provisions of the Indian Arbitration and Conciliation Act, 1996 (including any statutory modifications, amendments etc.) by a sole arbitrator to be appointed by the Author. The venue of the arbitration shall be at Chennai, India and the arbitration proceedings shall be conducted in English Language.

This Agreement is construed, governed and interpreted in accordance with the laws of Union of India and courts at Chennai, India alone shall have exclusive competent jurisdiction. In this regard, you confirm that you have specifically agreed to the above stipulations of the Dispute Resolution as well as the stipulations of this clause Governing Law and Jurisdiction along with other terms and conditions of this Agreement before agreeing to download, access or use the App and therefore you shall not be entitled to raise any objections in respect of the said stipulations whether on the ground of inconvenience of otherwise.It is also clarified that the services and any purchase are directed solely at those who access the Website from the Republic of India. The Author makes no representation that services (or any goods or services) are available or otherwise suitable for use outside the Republic of India. If you choose to access the App or use the services from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences thereof.

IMPORTANT

The above terms and conditions are independent and are in addition to the terms and conditions that may be applicable for the usage / access of any particular website, E-shop etc. from which you download or access the App.

YOU CONFIRM THAT YOU HAVE READ THROUGH THE ABOVE TERMS AND CONDITIONS, UNDERSTOOD THEM FULLY AND AGREE TO ACCEPT AND COMPLY WITH THE SAME AND ACCORDINGLY YOU CLICK “I ACCEPT” BEFORE YOU GO FORWARD TO DOWNLOAD, ACCESS OR USE THE APP. In case you have any questions regarding the terms, you may contact the concerned as provided in the Contacts section.

REFUND AND CANCELLATION POLICY OF GHOSHAK SUBSCRIPTION

We follow a reliable refund policy to let our customers feel privileged about their association with us. Please read the guidelines governing the refund policy.

1. If you wish to cancel your account, notify us at least 15 days before end of your term (via an email to (support@ghoshak.com).
2. Your subscription gets renewed automatically at the end of each year if you opted for auto-renewal.
3. You can upgrade or downgrade level of our services at any time of your usage, however Ghoshak does not refund any fees in that case.
4. If you stop using our services in between the term, we will not refund you the fees paid by you for the remaining term.
5. We reserve the right to modify or terminate the Ghoshak service(s) for any reason, without notice at any time.
6. Fraud: Without limiting any other remedies, Ghoshak may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or investigation, or otherwise, forcefully removed our branding) have engaged in fraudulent activity in connection with the services offered by us.
7. Note: No refunds are offered, even if a plan is canceled mid-year.