YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between you ("you" or "your") and Kuchhal Services Pvt Ltd, a company incorporated under the Companies Act 1956 with its registered office at 128-A, Pocket-B, Mayur Vihar Phase-2, Delhi-110091, India("Kuchhal Services Pvt Ltd" "we," or "our") that governs your use of the search services offered by Kuchhal Services Pvt Ltd through its website www.tradikin.com ("Website"), android application, telephone search, SMS, WAP or any other medium using which Kuchhal Services Pvt Ltd may provide the search services (collectively "Platforms" ). When you access or use any of the Platforms you agree to be bound by these Terms and Conditions ("Terms").
CHANGES: We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.
HOW YOU MAY USE OUR MATERIALS: We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively "Materials") for the search services on the Platforms. We provide the Material through the Platforms FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.
While every attempt has been made to ascertain the authenticity of the Platforms content, Kuchhal Services Pvt Ltd is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to decisions based on the content in the Platforms which results in any loss of data, revenue, profits, property, infection by viruses etc.
Accordingly, you may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to Kuchhal Services Pvt Ltd.. You may not use the Platforms or any of them to compile a collection of listings, including a competing listing product or service. You may not use the Platforms or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by Kuchhal Services Pvt Ltd, its subsidiaries, parent companies, and/or any third party owner of such rights.
HOW YOU MAY USE OUR MARKS: The Kuchhal Services Pvt Ltd company names and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from Kuchhal Services Pvt Ltd or it's wholly owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials on any of the Platforms must bear any copyright, trademark or other proprietary notice located on the respective Platforms that pertains to the material being copied. You are not authorized to use any Kuchhal Services Pvt Ltd name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Kuchhal Services Pvt Ltd.
HOW WE MAY USE INFORMATION YOU PROVIDE TO US: Do not send us any confidential or proprietary information. Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and nonproprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
REVIEWS, RATINGS & COMMENTS BY USERS:
Since, Kuchhal Services Pvt Ltd provides information directory services through various mediums (SMS, WAP, E-Mail, Website, APP and voice or phone), your ("Users") use any of the aforementioned medium to post Reviews, Ratings and Comments about the Kuchhal Services Pvt Ltd services and also about the Advertiser's listed at Kuchhal Services Pvt Ltd is subject to additional terms and conditions as mentioned herein.
You are solely responsible for the content of any transmissions you make to the Site or any transmissions you make to any mediums offered by Kuchhal Services Pvt Ltd and any materials you add to the Site or add to any mediums offered by Kuchhal Services Pvt Ltd, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you(the "Communications"). Kuchhal Services Pvt Ltd does not endorse or accept any of your Communication as representative of their (Kuchhal Services Pvt Ltd) views. By transmitting any public Communication to the Site, you grant Kuchhal Services Pvt Ltd an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.
You confirm and warrant that you have the right to grant these rights to Kuchhal Services Pvt Ltd . You hereby waive and grant to Kuchhal Services Pvt Ltd all rights including intellectual property rights and also "moral rights" in your Communications, posted at Kuchhal Services Pvt Ltd through any of mediums of Kuchhal Services Pvt Ltd. Kuchhal Services Pvt Ltd is free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by your Friend's tagged by you. Also Kuchhal Services Pvt Ltd reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.
Kuchhal Services Pvt Ltd has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. Kuchhal Services Pvt Ltd cannot review all Communications made on and through any of the mediums of Kuchhal Services Pvt Ltd. However, Kuchhal Services Pvt Ltd reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which Kuchhal Services Pvt Ltd in its sole discretion deems inappropriate, offensive or contrary to any Kuchhal Services Pvt Ltd policy, or that violate this terms:
Kuchhal Services Pvt Ltd reserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which
It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then Kuchhal Services Pvt Ltd reserves right to take appropriate legal action against you. Further, you shall indemnify and protect Kuchhal Services Pvt Ltd against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments Kuchhal Services Pvt Ltd takes no responsibility and assumes no liability for any content posted by you or any third party on Kuchhal Services Pvt Ltd site or on any mediums of Kuchhal Services Pvt Ltd.
You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site or any of the mediums of Kuchhal Services Pvt Ltd.
PRIVACY POLICY:
Kuchhal Services Pvt Ltd is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the Website. To read our privacy policy statement regarding such personal information please refer PRIVACY POLICY
CONTENT DISCLAIMER:
Kuchhal Services Pvt Ltd communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. While every attempt has been made to ascertain the authenticity of the content on the Platforms Kuchhal Services Pvt Ltd has no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, and material on the Platforms may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platforms or any of them including but not limited to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc.
All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Platforms .
Kuchhal Services Pvt Ltd reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platforms. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.
All rights, title and interest including trademarks and copyrights in respect of the domain name and Platforms content hosted on the Platforms are reserved with Kuchhal Services Pvt Ltd. Users are permitted to read, print or download text, data and/or graphics from the Website or any other Platforms for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in the Platforms in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users.
Links to external Internet sites may be provided within the content on Website or other Platforms as a convenience to users. The listing of an external site does not imply endorsement of the site by Kuchhal Services Pvt Ltd or its affiliates. Kuchhal Services Pvt Ltd does not make any representations regarding the availability and performance of its Platforms or any of the external websites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Website or other Platforms, your browser automatically may direct you to a new browser window that is not hosted or controlled by Kuchhal Services Pvt Ltd.
Kuchhal Services Pvt Ltd and its affiliates are not responsible for the content, functionality, authenticity or technological safety of these external sites
. We reserve the right to disable links to or from third-party sites to any of our Platforms, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.
Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. We do not fully screen or investigate business listing websites before or after including them in directory listings that become part of the Materials on our Platforms, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.
All those sections in the Platforms that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and Kuchhal Services Pvt Ltd will at no point of time be responsible for the accuracy or correctness of such information. Kuchhal Services Pvt Ltd reserves the absolute right to accept/reject information from readers and/or advertisements from advertisers and impose/relax Platforms access rules and regulations for any user(s).
Kuchhal Services Pvt Ltd also reserves the right to impose/change the access regulations of the Platforms , whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Platforms.
While every attempt has been made to ascertain the authenticity of the content in the Platforms, Kuchhal Services Pvt Ltd is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses etc.
WARRANTY DISCLAIMER:
Please remember that any provider of goods or services is entitled to register with Kuchhal Services Pvt Ltd. Kuchhal Services Pvt Ltd does not examine whether the advertisers are good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. Kuchhal Services Pvt Ltd has also not negotiated or discussed any terms of engagement with any of the advertisers. The same should be done by you. Purchasing of goods or availing of services from advertisers shall be at your own risk.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms.
References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Platforms.
Any use of the Platforms, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. Kuchhal Services Pvt Ltd disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the search results in the Platforms.
THE MATERIAL AND THE PLATFORMS USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE ) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KUCHHAL SERVICES PVT LTD DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND MATERIALS. KUCHHAL SERVICES PVT LTD DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
KUCHHAL SERVICES PVT LTD DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PLATFORMS SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.
ADDITIONAL DISCLAIMER:
Users using any of Kuchhal Services Pvt Ltd service across the following mediums ie. through internet ie www.tradikin.com Website, Wapsite, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction ) with the Advertiser listed with Kuchhal Services Pvt Ltd.
All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and Kuchhal Services Pvt Ltd does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with Kuchhal Services Pvt Ltd .Further, Kuchhal Services Pvt Ltd is not at all responsible for any act of Advertiser/s listed at Kuchhal Services Pvt Ltd.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL KUCHHAL SERVICES PVT LTD BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE PLATFORMS FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF KUCHHAL SERVICES PVT LTD ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PLATFORMS, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PLATFORMS. KUCHHAL SERVICES PVT LTD DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE PLATFORMS.
THE USER OF THE PLATFORMS ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PLATFORMS AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
THIRD PARTY SITES:
Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through the Platforms, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Platforms. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, authenticity, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the use of the Platforms . We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Platforms.
MONITORING OF MATERIALS TRANSMITTED BY YOU: Changes may be periodically incorporated into the Platforms. Kuchhal Services Pvt Ltd may make improvements and/or changes in the products, services and/or programs described in these Platforms and the Materials at any time without notice. We are under no obligation to monitor the material residing on or transmitted to the Platforms . However, anyone using the Platforms agrees that Kuchhal Services Pvt Ltd may monitor the Platforms contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. Kuchhal Services Pvt Ltd reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platforms that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions. DELETIONS FROM SERVICE: Kuchhal Services Pvt Ltd will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. Kuchhal Services Pvt Ltd reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of Kuchhal Services Pvt Ltd, may be, defamatory, infringing or violate of applicable law. Kuchhal Services Pvt Ltd reserves the right to exclude Material from the Platforms. Materials submitted to Kuchhal Services Pvt Ltd for publication on the Platforms may be edited for length, clarity and/or consistency with Kuchhal Services Pvt Ltd's editorial standards.
INDEMNIFICATION:
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
MISCELLANEOUS:
These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and Kuchhal Services Pvt Ltd. Kuchhal Services Pvt Ltd reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Kuchhal Services Pvt Ltd reserves the right to seek all remedies available at law and in equity for violations of these Terms.
Notices. All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice. All of your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address: Kuchhal Services Pvt Ltd, 128-A, Pocket-B, Mayur Vihar Phase-2, Delhi-110091, India.
Force Majeure. In no event shall we or any Distribution Site have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure. Indemnification. You agree to indemnify us and the Distribution Sites and hold us and the Distribution Site harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys' fees) that may at any time be incurred by us or them arising out of or in connection with these Terms or any Advertising Products or services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features. Telephone Conversations. All telephone conversations between you and us about your advertising may be recorded and you hereby consent to such monitoring and recordation. Arbitration: Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996. a) All proceedings shall be conducted in English language. b) Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties. c) The venue of Arbitration shall be in Delhi, India.
Entire Agreement. These Terms constitutes the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided in Section 1, these Terms may not be modified except by writing signed by you and us; provided, however, we may change these Terms from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Website.
Terms Of Use For Search Services
YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between You ("you”,” your" or “user”) and Kuchhal Services Pvt Ltd. ("Kuchhal Services Pvt Ltd" "we," or "our") that governs your use of the search, booking/request services or any other services offered by Kuchhal Services Pvt Ltd through its website www.tradikin.com ("Website"), android application, telephone search, SMS, WAP or any other medium (collectively "portal" ). Use of the portal is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Kuchhal Services Pvt Ltd at its sole discretion and posted on the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE PORTAL INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS OF KUCHHAL SERVICES PVT LTD AND SELLER, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING:
1) Membership Eligibility
Use of the Portal is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Kuchhal Services Pvt Ltd portal and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Kuchhal Services Pvt Ltd reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Kuchhal Services Pvt Ltd’s notice or if it is discovered that you are under the age of 18 years.
Subject to compliance with the Terms of Use, Kuchhal Services Pvt Ltd grants You a non-exclusive, limited privilege to access and use the portals and the Services provided therein.
2) Your Account and Responsibility
If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.
3) Transaction at Kuchhal Services Pvt Ltd Portal
i) Kuchhal Services Pvt Ltd portal facilitates Seller and Users to interact with each other for the purposes of commercial/contractual transactions. In this transaction Kuchhal Services Pvt Ltd is acting as an intermediary, by creating a bridge between Seller and Users of Kuchhal Services Pvt Ltd enabling users to place orders/bookings/request through various portals.
ii) All commercial/contractual terms are offered by and agreed to between You and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Kuchhal Services Pvt Ltd does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the User and Seller.
iii) Kuchhal Services Pvt Ltd does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Portal. Kuchhal Services Pvt Ltd does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Kuchhal Services Pvt Ltd accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
iv) Kuchhal Services Pvt Ltd is not responsible for any non-performance or breach of any contract entered into between You and Sellers. Kuchhal Services Pvt Ltd cannot and does not guarantee that the concerned Sellers and/or You will perform any transaction concluded on the Kuchhal Services Pvt Ltd portal. Kuchhal Services Pvt Ltd shall not and is not required to mediate or resolve any dispute or disagreement between Seller and You.
v) Kuchhal Services Pvt Ltd does not at any point of time during any transaction between Seller and You on the Portal come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to You.
vi) Kuchhal Services Pvt Ltd through its platform is acting as an intermediary between You and Seller by facilitating the online ‘Search Plus’ Services’ for the users. These Search Services are aimed at making several day to day tasks conveniently actionable and accessible to the users.
vii) Kuchhal Services Pvt Ltd is only providing a platform for the purposes of transaction and communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between You and Seller.
viii) At no time shall Kuchhal Services Pvt Ltd hold any right, title or interest over the products nor shall Kuchhal Services Pvt Ltd have any obligations or liabilities in respect of any transaction between You and Seller. Kuchhal Services Pvt Ltd is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable etc.
ix) Prices mentioned on the Kuchhal Services Pvt Ltd portal are subject to change. You are hereby advised to check with Seller for the final price, availability of the product and shipping charges (if applicable)
x) Pricing on any product(s) as is reflected on the portal may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
xi) If the calculation of pricing of any product is insufficient to cover the actual cost of products/services which is paid by the Seller to its wholesaler/supplier, then the Seller is not obligated to fulfill the transaction placed by you. Where the Seller chooses not to absorb the additional fee, Seller will notify you that the calculations are different from real costs and may offer you the option of paying the difference and going ahead with the transactions placed by you. You may choose to proceed and pay the higher delivery fee or cancel the transaction placed at Kuchhal Services Pvt Ltd portal.
4) Mode of payment
ii) User may choose to make the payment for the Services/Products through their valid credit / debit and/ or any other cards including e-wallets, online banking facility to make payment against any transaction being effected at the portal. User shall be bound to use his/her own credit / debit and/ or any other payment cards, online banking accounts to make any payment. Kuchhal Services Pvt Ltd shall not be liable and responsible for any credit/debit or any other card frauds, misuse of User’s card or any unauthorized payment transactions which has been processed by User’s Bank / third party payment processor.
iii) User accepts and acknowledges that payment processing portal is hosted by a third party payment processor and usage of such payment processing portal shall be subject to such additional terms and conditions which such third party payment processor may prescribe from time to time. Kuchhal Services Pvt Ltd will not process, store or transmit credit/debit or any other card related information.
iv) In such event, it is Kuchhal Services Pvt Ltd’s policy is to redirect User to a payment processing portal hosted by a third party payment processor.
v) Kuchhal Services Pvt Ltd will take adequate encryption and security measures to maintain the data secured generated via portal and it shall maintain high standards in relation to providing secure services to Users using Kuchhal Services Pvt Ltd portal.
5) Charges
Membership on the Website is free for You. Kuchhal Services Pvt Ltd does not charge any fee for browsing and buying from any of its portals however, we reserve our right to charge the fee and/ or change fee policy as may be applicable from time to time.
6) Content disclaimer
We have no control over and are not responsible for the content of any third-party websites linked to or framed within the Website, or any third-party advertisements and we expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Website should not be construed as an endorsement, approval or recommendation by us of the linked website or its content. We are not responsible for the content or privacy practices associated with linked websites. When viewing a third party website, you should read the terms, conditions and privacy statements detailed on that website. Your use of or reliance upon such third-party websites is at your own risk.
We derive our information from sources which we believe to be accurate and up to date at the time of publication. All information provided on the Website is provided in good faith. We do not make any representation or warranty that the information provided is timely, reliable, accurate or complete, and will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Website, or for any incorrect information provided on the Website.
Kuchhal Services Pvt Ltd reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the portal. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.
All those sections in the portal that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and Kuchhal Services Pvt Ltd will at no point of time be responsible for the accuracy or correctness of such information. Kuchhal Services Pvt Ltd reserves the absolute right to accept/reject information from readers and/or users and impose portal access rules and regulations for any user(s).
While every attempt has been made to ascertain the authenticity of the content in the portal, Kuchhal Services Pvt Ltd is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the portal including but not limited to any decisions based on content in the portal resulting in loss of data, revenue, profits, property, infection by viruses etc.
7) Warranty Disclaimer:
Any provider of products or services is entitled to register with Kuchhal Services Pvt Ltd. Kuchhal Services Pvt Ltd provides the goods/services related information on its portal which has been provided/shared by sellers. Before availing any products/services you must satisfy yourself about all relevant aspects prior to placing an order for goods or services or before entering into any transaction. Kuchhal Services Pvt Ltd has also not negotiated or discussed any terms of engagement with any of the seller. Booking, purchasing and availing goods and services from sellers shall be at your own risk.
We do not represent the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the portal.
References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the portal.
THE MATERIAL/INFORMATION/SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT UNLESS OTHERWISE AGREED BY KUCHHAL SERVICES PVT LTD IN WRITING. KUCHHAL SERVICES PVT LTD DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PORTAL AND MATERIALS. KUCHHAL SERVICES PVT LTD DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
KUCHHAL SERVICES PVT LTD DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, PRODUCTS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PORTAL SUBJECT TO APPLICABLE LAW.
8) Additional Disclaimer:
Users (You) using any of Kuchhal Services Pvt Ltd service across the following portal i.e. through internet Website (www.tradikin.com), WAP, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before You (Users) rely, act upon, make any bookings or enter into any transaction with the Seller listed with Kuchhal Services Pvt Ltd.
All the users are cautioned that all and any information/products or services of whatsoever nature provided or received from the Seller is taken in good faith, without least suspecting the bonafide of the Seller and Kuchhal Services Pvt Ltd does not confirm, does not acknowledge, or subscribe to the claims and representation made by the seller listed with Kuchhal Services Pvt Ltd. Further, Kuchhal Services Pvt Ltd is not at all responsible for any act of Seller listed at Kuchhal Services Pvt Ltd or any claims arising owing to or pursuant to such acts of the Seller.
9) IPR Infringement
If you notice that any Intellectual Property right has been violated by any of our sellers, you may follow the process as may specified under the infringement policy.
10) Unlawful Activity
We reserve the right (at our discretion) to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your registration data, usage history, posted materials, IP addresses and traffic information etc.
11) Indemnity
You agree to indemnify, defend and hold harmless Kuchhal Services Pvt Ltd including but not limited to its affiliate sellers, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Kuchhal Services Pvt Ltd that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold Kuchhal Services Pvt Ltd harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.
In no event shall Kuchhal Services Pvt Ltd, its officers, directors, employees, partners or suppliers be liable to You, the seller or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Kuchhal Services Pvt Ltd has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.
12) Limitation of liability:
You acknowledge that Kuchhal Services Pvt Ltd is an "as is site" and that Kuchhal Services Pvt Ltd is not making and has not made any warranty or representation as to suitability, merchantability, quality of the products/services which will be supplied or delivered by its Seller for any particular purpose. You agree that in using Kuchhal Services Pvt Ltd, You are not relying on any statement or representation made by Kuchhal Services Pvt Ltd which is not expressly contained in this Agreement.
IN NO EVENT SHALL KUCHHAL SERVICES PVT LTD BE LIABLE TO YOU ON ACCOUNT OF YOUR BOOKING, USE, MISUSE OR RELIANCE ON THE PORTAL: FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF KUCHHAL SERVICES PVT LTD is AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PORTAL, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PORTAL. KUCHHAL SERVICES PVT LTD DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PORTAL OR OTHER MATERIAL ACCESSIBLE FROM THE PORTAL.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PORTAL AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY.
Notwithstanding anything to contrary, Kuchhal Services Pvt Ltd's entire liability to You under this Terms of Use or otherwise shall be the refund of the money charged from You for any specific product or service, under which the liability arises.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
13) Changes:
We may periodically change the Terms and the Website without notice, and you are responsible for checking these Terms periodically for any revisions. All amended Terms become effective upon our posting to the Website, and any use of the Website after such revisions have been posted signifies your consent to the changes. If any such change or modification is unacceptable to you, please refrain from using the services offered by the Website. If following any such change or modification you continue to use the Website or content, you will be deemed to have accepted those changes or modifications and no specific consent will be required.
14) Privacy Policy:
Kuchhal Services Pvt Ltd is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the Website. To read our privacy policy statement regarding such personal information please refer PRIVACY POLICY.
You hereby confirm and acknowledge that the contact details, age and other details provided by you to Kuchhal Services Pvt Ltd are accurate and can be used and forwarded by Kuchhal Services Pvt Ltd to the Seller for which the call or enquiry has been made by you to Kuchhal Services Pvt Ltd.
15) General Instructions
Seller’s listed at Kuchhal Services Pvt Ltd portal who have processed and delivered your ordered products/services are solely responsible for quality, delivery and billing of the goods/services. Kuchhal Services Pvt Ltd only acts as a channel between you and the Seller.
We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the portal or its content for any particular purpose.
We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Website, or the Website’s inability to meet your needs.
We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the portal, which is beyond our control. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Website or any linked website.
16) Force Majeure
Kuchhal Services Pvt Ltd and its registered Sellers will be not be liable for breach of these Terms to the extent caused by or arising from prohibition, or restriction by law, or regulation or any government, fire, flood, storms, weather, strike, lock-out or other labour problems, accident, riots, acts of God or any other events which is beyond its control.
17) Arbitration:
In the event a dispute arises between you and Kuchhal Services Pvt Ltd as per these Terms, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 90 days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Mumbai. The arbitration shall be conducted by a sole arbitrator appointed by Kuchhal Services Pvt Ltd. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.
18) Governing Law and Jurisdiction:
These Terms shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Delhi, India.
19) Provisions are severable.
Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.
AVERETISER/ LISTER
1)INTRODUCTION : The Services (defined hereinafter) of ‘Kuchhal Services Pvt Ltd’ is provided by Kuchhal Services Pvt Ltd, a company incorporated under the Companies Act, 1956 and having its registered office at 128-A, Pocket-B, Mayur Vihar Phase-2, Delhi-110091, India (“Kuchhal Services Pvt Ltd”). Kuchhal Services Pvt Ltd carries on the business of providing information about Vendors (defined hereinafter) of various products and services (“Information”) in selected towns and cities in India (“Service”) to end users. Kuchhal Services Pvt Ltd Provides Users (defined below) with its search service with information and user reviews for Kuchhal Services Pvt Ltd database of local business, products and services across India. Kuchhal Services Pvt Ltd search service is available to users through multiple platform viz. Internet, mobile internet, telephone (voice, text & SMS).
Kuchhal Services Pvt Ltd is merely a medium which connects general public with vendor’s goods and services (“Vendors”) listed on Kuchhal Services Pvt Ltd however at the same time it does not intend to guarantee any business to such Vendors. The Vendor details are specified at Page 1 of the contract, Vendors are hereinafter referred to as (“Advertiser”). Kuchhal Services Pvt Ltd’s objective is to provide a quicker guide for up-to-date Information in a user friendly manner and via a medium that the end user is comfortable with. The end users of the Service are persons who may want to purchase goods / avail services and are seeking information about the Vendors of such goods and services (“Users”). These Terms (defined below) read with the contract form (“Contract Form”) and the invoice mentioned in Clause 11 constitute the entire understanding and Contract (“Contract”) between Kuchhal Services Pvt Ltd and the Advertiser.
2)INTERPRETATION :
(a) Contract means this Contract together with all Schedules and Annexures (if any);
(b) References to a party hereunder shall include such party’s successors, permitted assigns and any persons deriving title under it;
(c) The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of the content of such Clauses;
(d) The use of words in the singular or plural, or with a particular gender, shall not limit the scope or exclude the application of any provision of this Contract to such person or persons unless the context otherwise permits;
(e) Any grammatical form of a defined term herein shall have the same meaning as that of such term; and The words “including” and “includes” herein shall always mean “including, without limitation” and “includes, without limitation”, respectively
3)SUBSCRIPTION:
Advertisers may be business houses, small medium enterprises, corporate entities, semi-corporate entities, establishments or individuals, who subscribe to the Service in order to list their company or business. Kuchhal Services Pvt Ltd will provide only the Information about the Advertiser and their products to the Users in the manner provided for in these Terms. Advertiser agrees and acknowledges that Kuchhal Services Pvt Ltd does not guarantee any business to the Advertiser and is merely a medium through which information is made available to the general public.
4)GENERAL TERMS :
(i) These Terms of Service, including any Annexures hereto, (“Terms”) along with the Contract Form set forth the terms and conditions under which the Advertiser may be identified as a Vendor to the Users. The Contract shall come into effect upon the Advertiser or any authorized agent of the Advertiser signing and delivering the Contract to Kuchhal Services Pvt Ltd and upon the realization of consideration. (“Effective Date”). The Contract will override any previous understanding (whether written or oral) between the Advertiser and Kuchhal Services Pvt Ltd on the subject matter hereof. The Contract shall be valid and effective for the period agreed upon between the advertiser and Kuchhal Services Pvt Ltd unless otherwise agreed by the parties and in accordance with the terms of the Contract subject to payment received under the Contract. By agreeing to the terms of the Contract, the Advertiser shall be deemed to have consented unconditionally to all such addendums and amendments to the Contract without requirement of any specific notice or signature thereto. The Advertiser acknowledges and agrees that in case of conflict between this Contract and the terms and conditions (“Terms of Service”) contained on the Website, the Terms of Service as updated in website shall prevail. Kuchhal Services Pvt Ltd is entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to the Advertiser. It shall be the sole responsibility of the Advertiser to visit the Website and update himself / herself of the changes to the Terms of Service. Any changes to or amendment to these Terms or the Terms of Service will be deemed to take effect from the Effective Date and will be binding on the Advertiser.
(ii) Kuchhal Servies Pvt Ltd offers 3 different paid listing packages.The paid packages do not vary in terms of services and benefits provided. The advertiser can choose to avail the benefits of paid listings for any of the following periods: 1) 1 Month 2) 6 Months 3) 12 Months.
(iii) The advertiser needs to contact Kuchhal Services Pvt Ltd once the subscribed period of paid listing is over. Kuchhal Services Pvt Ltd holds the right to deny the renewal of listing to any advertiser.
(iv) The following benefits are provided to an advertiser for the period agreed upon between the advertiser and Kuchhal Servies Pvt Ltd
(v) It is clarified that, irrespective of whether the Advertiser has registered or not registered their entity/ firm’s contact numbers in the “Do Not Call” registry of Telecom Regulatory Authority of India (TRAI), or any other statutory body, upon the signing and acceptance of the Contract, the Advertiser would be deemed to have given their consent and authorized Kuchhal Services Pvt Ltd to share the Advertiser’s details and contact numbers for business and promotional purpose with Users of the Service. Further the Advertiser, by signing and accepting the terms of the Contract, has given his consent to Kuchhal Services Pvt Ltd to contact him for any business promotion of Kuchhal Services Pvt Ltd. The Advertiser confirms that Kuchhal Services Pvt Ltd shall be at liberty to carry out all the obligations undertaken under the Contract. The Advertiser also undertakes to take all such measures as may be necessary to ensure that the Users do not encounter any difficulty in contacting the Advertiser. In the event the Users are unable to contact the Advertiser it would not be deemed to any deficiency in the Services rendered by Kuchhal Services Pvt Ltd. The Advertiser undertakes to comply with all the present and future TRAI regulations or regulations of any other regulatory bodies on subject matter covered under this clause and would ensure that User or Kuchhal Services Pvt Ltd will not face any difficulty in contacting the advertisers or for the purposes of entering into this Contract.
5)INFORMATION DISSEMINATION :
Kuchhal Services Pvt Ltd currently disseminates Information to the Users through different platforms, viz., telephone, internet, WAP (Wireless Access Protocol) and Wireless (SMS short code) SMS. Kuchhal Services Pvt Ltd may, at its discretion cease providing Information over any of the above platforms or provide Information over other platforms or modify the manner in which Information is provided over any of the existing platforms, as it may deem fit, from time to time.
6)ADVERTISER LISTINGS :
Kuchhal Services Pvt Ltd reserves the right to change the aforesaid Advertising Listing options by adding new listings or deleting the existing listings or adding, deleting, modifying or merging any categories or keywords. In the event the listing applied for in the Contract Form is no longer available, Kuchhal Services Pvt Ltd shall endeavor to allot similar Listing to the Advertiser. The final decision making power with regard to Listing shall however vest in Kuchhal Services Pvt Ltd and such decision shall be final and binding on the Advertiser.
7)LISTING FEES:
The Advertiser agrees to pay a non-refundable Listing Fee for the Services, which will be determined by Kuchhal Services Pvt Ltd at the time of entering into this contract. The (“Listing Fee”) shall be paid by the Advertiser in advance simultaneously with the signing of the Contract.
8)PAYMENT MODES :
i) Kuchhal Services Pvt Ltd allows the Advertiser to make the remaining payments for the Services, after payment of the Service Fee, i.e., the Total Fee excluding Service Fee (“Subscription Fee”) by way any of the following modes:
(i) Debit/Credit Card; (ii) Net Banking; (iii)RTGS (Real Time Gross Settlement); (iv)NEFT/IMPS;
(ii) It is hereby clarified that Kuchhal Services Pvt Ltd does not encourage/prefer that payments be made in cash. Any cash payments made by the Advertiser pursuant to a contract with Kuchhal Services Pvt Ltd, shall be at the sole risk of the Advertiser, without any recourse to Kuchhal Services Pvt Ltd.
(iii) Kuchhal Services Pvt Ltd will not be liable in any manner for any delay in activating the contract of an Advertiser.
9)ISSUANCE OF INVOICE :
(a) On receipt of the Service Fee and activation of the Listing thereafter, Kuchhal Services Pvt Ltd will issue an invoice to the Advertiser containing, interalia, the following details: (i) The Total Fee including the fees paid and payable as on the date of the invoice;
(b) It is hereby clari
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