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

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

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

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

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

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

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

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

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

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

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

This Terms Of Service guides the contractual relation between Vendors (hereinafter called as “Vendor”/”Service Provider”, “You” or “Your”) and IgindiaBIZ Limited (hereinafter called as IgindiaBIZ,) and it governs the services offered by IgindiaBIZ through its website (www.igindiaBIZ.com), phone Search, SMS, WAP, APP or any other medium (collectively called “Portals” ). IgindiaBIZ offers you its services only on the Terms and any amendments made under this Terms of Service. IgindiaBIZ’s endeavor will be to send the Terms of Service to you on your registered email ID and/or mobile number via Emails/Sms/WhatsApp and the same is also published on IgindiaBIZ’s website at https://www.igindiaBIZ.com/Terms-of-Use/Service-for-Listing- Service.

1) INTRODUCTION : The Services (defined hereinafter) of ‘IgindiaBIZ’ is provided by IgindiaBIZ, a firm having its regional office at 10, Adi Banstall Lane, Barabazar, Kolkata-700007. IgindiaBIZ 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. IgindiaBIZ is local search engine and it primarily provides directory services to its Callers/Users as per their requirements & searches made on IgindiaBIZ’s portals in as much as this terms of use is concerned as applicable to the vendors. IgindiaBIZ search service is available to users through multiple platform viz., Internet, mobile internet, telephone (voice, text & SMS). IgindiaBIZ is merely a medium which connects general public with vendor’s goods and services listed on IgindiaBIZ, however, at the same time it does not intend to guarantee any business to such Vendors. The Vendor details as provided by them are specified in the listing available at IgindiaBIZ’s portals. IgindiaBIZ’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 (“hereinafter referred as Callers/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. These Terms of Service (defined below) and the invoice mentioned in Clause 13 constitute the entire understanding/Contract) between IgindiaBIZ and the Vendors.

2)INTERPRETATION :

• (a) Contract means this Terms of Service together with all Schedules and Annexure (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:
Vendors may be business houses, small medium enterprises, corporate entities, semi-corporate entities, establishments or individuals, who subscribe to the Service in order to list their company or business. IgindiaBIZ will provide only the Information about the Vendor to the Users in the manner provided for in these Terms. Vendor agrees and acknowledges that IgindiaBIZ does not guarantee any business to the vendor and is merely a medium through which information is made available to the general public.

4)GENERAL TERMS :

• (i) This Terms of Service, including any Invoice, Annexures etc. together will be referred as “Contract/ Terms of Service”. This Terms of Service will override any previous understanding (whether written or oral) between the Vendor and IgindiaBIZ on the subject matter hereof. The Terms Of Service shall be valid and effective for 1 (one) year or more from the Effective Date unless otherwise agreed by the parties and in accordance with the terms of Service subject to the timely receipt of the payment. The Service would automatically stand renewed unless (a) the Vendor intimates IgindiaBIZ by prior written notice (either by email or through registered post) at least 3 (three) months before the expiry of the 1 (one) year tenure, expressing their intention not to renew the Service or (b) is terminated by either Party prior to renewal in accordance with these Terms. In the absence of any written communication by the Vendor as to non-renewal after the expiry of the 1 (one) year tenure or unless terminated earlier by either Party, the Service would stand automatically renewed on terms specified herein. By agreeing to the terms of the Contract, the Vendor 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. IgindiaBIZ 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 Vendors. It shall be the sole responsibility of the Vendors to visit the Website and update themselves of the modifications/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 Vendor.
• (ii) Subject to terms set out in Clause above, it is clarified that the automatic renewal of the Service will also be subject to sufficient credit balance of Vendor being available in the Vendor’s account with IgindiaBIZ. It is further clarified that in ECS/ CCSI mandate should be active and the payment should be honored on the stipulated date for the purposes of renewal of the Service.
• (iii) The automatic renewal of the Service is subject to the absolute discretion of IgindiaBIZ. The amount mentioned in the Invoice along with any other document which forms a part of this Terms of Service, Total Fee is the decided fee for the provision of Services and shall not be reviewed at any point except at the discretion of IgindiaBIZ. The Vendor’s by making the payment as raised in the invoice confirms the acceptance of Terms of Service as set out herein, for availing the service from IgindiaBIZ.
• (iv) The vendor hereby authorizes that upon the execution of ECS / CCSI MANDATE IgindiaBIZ is authorized to DEDUCT minimum of 9 months ECS, thereafter Vendor has the option of terminating the Service. The Vendor shall only terminate the Service upon the completion of minimum tenure of 9 months from effective date which can be terminated by giving prior 3 (Three) months written notice (either by email or through registered post) to its bill due date, expressing intentions of discontinuing the Services.
• (v) Notwithstanding anything contained anywhere in this contract, The Vendor undertakes that if any concession is availed by Vendor while availing IgindiaBIZ services it shall be under obligation to honor the payment (through any mode as opted) under any circumstances for the total tenure of the services as availed by the Vendor subject to terms of service as mentioned in this document. The Vendor hereby authorizes that upon the execution of ECS / CCSI MANDATE IgindiaBIZ is authorized to DEDUCT the ECS/CCSI or any other payment mode for the total tenure as per the services availed especially where concession is availed by Vendor.
• (vi) In respect of Premium listings or any other Listings, where the payment mode and manner opted by the Vendor is Electronic Clearing Service (ECS) or Credit Card Standing Instruction (CCSI), the Service would be automatically renewed as mentioned in Clause 4 of these Terms, however such automatic renewal is subject to the condition that same will be so renewed at revised values (commercials) as existing on the date of automatic renewal and on such other terms as may be determined solely by IgindiaBIZ. Notwithstanding anything contained in this Term of Service, the automatic renewal and the terms of such renewal will be at the absolute discretion of IgindiaBIZ.
• (vii) It is clarified that, irrespective of whether the Vendor 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 acceptance of the Terms Of Service, the Vendor would be deemed to have given their consent and authorized IgindiaBIZ to share the Vendor’s details and contact numbers for business and promotional purpose with Users of the Service and for other business purposes of IgindiaBIZ. Further the Vendor, by accepting the Terms of Service, has given his consent to IgindiaBIZ to contact him for any business promotion of IgindiaBIZ. The Vendor confirms that Vendor shall carry out all the obligations as specified in the Terms of Service. The Vendor also undertakes to take all such measures as may be necessary to ensure that the Users do not encounter any difficulty in contacting the Vendor. In the event the Users are unable to contact the Vendor it would not be deemed to any deficiency in the Services rendered by IgindiaBIZ. The Vendor 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 IgindiaBIZ will not face any difficulty in contacting the Vendors.

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

6)VENDOR LISTINGS:
1) This refers to the various kinds of Listings Service that can be selected by the Vendor. IgindiaBIZ provides the following kinds of listings Service (“Listings”): (a) Premium Listings (b) Package Listings (iii) VFL / LFL (Verified / Lifetime Listing) Package (iv) SMS-Promo Services. (v) Cost per enquiry-based packages (vi) Other Services as may be introduced by IgindiaBIZ from time to time and or as mentioned in the invoice or the proposal forms as the case may be.

a)Premium Listing
The Vendor agrees that the PREMIUM LISTINGS are the position-based services, which can be fixed or rotational in nature as reasonably decided by IgindiaBIZ, as per availability in the selected categories and pin codes on the day of receipt of the payment on IgindiaBIZ’s account. Under rotational search, in respect of specific area search, the listing of the vendors will appear on those positions, which have been opted by them. In respect of all area searches, the listings will be displayed rotationally on the basis of amounts paid by them for that category. The Vendor agrees that it shall enlist itself under the Listing which is mentioned in Clause 6 of the Terms of Service. The packages value may vary based upon the city town, medium, category, and such other parameters as may be identified by IgindiaBIZ.

In the event Vendors wish to change/add any categories/pin code etc, it will be done at additional cost, depending on the availability and discretion of IgindiaBIZ. However in case of removal/cancellation/deletion of any categories/pin code in the existing listing, the Vendors shall not claim to reduce the cost or refund the money on the basis of removal/cancellation/deletion of any categories/pin-codes. IgindiaBIZ reserves the right to change the aforesaid Listing Service options by adding new listings or deleting the existing listings or adding, deleting, modifying or merging any categories or keywords or pin-codes. In the event the listing applied for is no longer available, IgindiaBIZ shall endeavor to allot similar Listing to the Vendor. The final decision making power with regard to Listing shall however vest with IgindiaBIZ and such decision shall be final and binding on the Vendor.

The Vendor agrees and undertakes that if Vendor has opted for the maximum number of enquiries in the contract (irrespective of tenure), under such arrangement there shall be no fixed tenure that would be defined. The tenure would be determined on the basis of maximum numbers of enquiries provided to the Vendor’s listings. The Vendor acknowledges that numbers of enquires shall solely be dependent on the market trend/response or user’s demand and IgindiaBIZ does not guarantee on the numbers of enquiries however it shall be its endeavour to provide the services on best effort basis.

b)Package Listings
Under Package listings, the consideration as paid by the vendor would be allocated by IgindiaBIZ, as available, over categories and pin-codes / locations as opted by the vendor for their listing/contract. The services under package listing would be on rotational basis for a given area specific search or all area search. Vendors would be given preference on the visibility in proportion to the consideration amount paid for that category etc.

c)VFL (Verified Listing) and Life time listing (LFL) Package.

• i) The terms as mentioned under sub clause C shall only be applicable to VFL Package: 
• ii) IgindiaBIZ will be providing VFL & LFL packages under promotional scheme to Vendor as per the terms as mentioned under the terms of use. In VFL & LFL packages, a) IgindiaBIZ will display the “IGINDIABIZ Verified” logo in Vendor’s business listing. The verified logo would be visible as long as the Vendor’s business listing is active on IgindiaBIZ portals subject to the terms mentioned under terms of use and periodical telephonic or other verification of the listing by IgindiaBIZ Limited/its representatives. b) IgindiaBIZ for a consideration as determined and paid by the Vendor shall provide the listing services under VFL package for period up to one (1) year.
• iii) The Vendor opting services under VFL & LFL shall also get the visibility preference over the free listing. IgindiaBIZ for the purposes of disseminating information to the users, it shall provide life-time services under this package. The visibility under the lifetime services in relation to disseminating the information to the users shall be made available on IgindiaBIZ portals provided Vendor’s business listing is active on IgindiaBIZ portals as per applicable terms of service & as per IgindiaBIZ’s business policy revised from time to time. IgindiaBIZ, at its discretion, shall not be liable in any manner to provide the services or otherwise in the event of failure on the part of Vendor’s to honour the payment for VFL & LFL packages. IgindiaBIZ reserves its right to determine the listing in the event of non-payment for its services and as per its business requirement.
• iv) Notwithstanding anything contained hereinabove, all other clauses specified under “Terms of Service for Vendor” shall remain applicable in full force to the Vendor who has obtained services under VFL & LFL from IgindiaBIZ”.

d)Cost per enquiry:
the Vendor/ business listing must identify the business category in which he/she wants to be listed (“Category”) and agrees to pay per enquiry & the total nos. of enquiries. An enquiry is generated when (i) in relation to Telephone & SMS when IgindiaBIZ disseminates information about the vendor/ business listings to a user/caller upon the request by the caller/user for information (ii) in relation to online information, be it directory or other facilities as made available to the users who enquires relevant details of vendors his products/services or business entities details. Currently the mediums available are Telephone/ SMS & online. The cost per enquiry shall be determined based on the total nos. of enquiries divided by total amount as paid by the vendor. To clarify, upon each enquiry being generated through IgindiaBIZ an amount equal per enquiry shall be deducted from the total amount paid by the vendor/business listing. Upon threshold being reached on a given day, no more enquiries shall be shared under the contract however; the vendor may have an option to renew the services as per the prevailing rates.

e)Guaranteed Leads / Calls / Transactions:
Under Guaranteed Enquiry campaign, Vendor//business entities will receive enquiries, calls, among other details, in relation to the information as sought by the user. These enquiries as shared to Vendor/business entities are chargeable, as per payment plans opted by the Vendor/ business entities under this campaign. The services under Guaranteed Enquiry campaign will remain in effect till the completion of minimum enquiry commitment.

7)“IgindiaBIZ / IGINDIABIZ Verified” Stamp

“IgindiaBIZ / IGINDIABIZ verified” means, the information related to name, address, contact details of the business establishments have been verified as existing at the time of registering any Vendor with IgindiaBIZ. This verification is solely based on the documents as supplied by a Vendor/s or as per the details contained in Customer E – Registration Form. 

8)“IGINDIABIZ Trusted” Stamp

“IGINDIABIZ Trusted Stamp” indicates that the identity & information of the vendors/services, viz., name, address, contact details, business name has been verified on best effort basis, as existing, based on the documents/information furnished by the vendors/service providers. “IGINDIABIZ Trusted Stamp” are also allocated to the vendor’s/service providers considering user’s reviews/ratings or any other criteria.

9)LISTING/ SERVICE FEES:

• a) The Vendor agrees to pay a non-refundable Listing/Service Fee for the Services that will be determined by IgindiaBIZ at the time of accepting the Service. The (“Listing Fee”) shall be paid by the Vendor in advance and IgindiaBIZ will send the customer receipt to the registered Mobile Number and email ID of the Vendor, simultaneously after receipt of payment from Vendor. IgindiaBIZ shall, at its sole discretion, reserve its right to decide the Listing Fee for the Services, from time to time.

• b) The vendor/service provider can pay the fee, either by way of upfront payment (payment of entire fee), or by way of the easy instalments payment options as available. If vendor/service provider opts to pay the fee/consideration by paying installments, under such payment schemes, the vendor/service provider shall be liable to pay to IgindiaBIZ the initial amount (including applicable Tax), at the time of registration of listing services and the balance payment can be paid through the various payment modes such as ECS (Electronic Clearing Service); CCSI (Credit Card Standing Instruction) & NACH (National Automated Clearing House). It is hereby clarified that the services shall only be activated once the first ECS/ CCSI/ NACH payment is credited on IgindiaBIZ’s account as per the payment plan or the payment as received for the services/products as availed. Under no circumstances shall IgindiaBIZ be liable to make any refund any amount as paid by vendor/service provider on account of deactivation/non-activation of services due to non-receipt of any payment through ECS/ CCSI/ NACH/Cheques etc.. IgindiaBIZ reserves the right, at its sole discretion, to change, modify and amend the Terms pertaining to the activation of your services at any time by publishing the amended Terms on our portals at https://www.igindiaBIZ.com/Terms-of-Use/Service-for-Listing- Services with or without notice to you. Vendor/Service Provider are advised to check the Terms at regular interval to received uninterrupted services.

• c) The vendors shall furnish the KYC documents or any other documents, as may be required by IgindiaBIZ, on or before the first ECS/ CCSI/ NACH clearance. For the purpose of clarity, KYC documents include, (1) the passport; (2) the driving license; (3) Voter’s Identity Card issued by the Election Commission of India; (4) Copy of Aadhar Cards; (5) Job card issued by NREGA duly signed by an officer of the State Government; (6) letter issued by the National Population Register containing details of name and address; along with PAN Card. In addition to aforesaid, the vendors also needs to furnish the documents relating to the business listing such as, Certificate of incorporation, PAN Cards of the company, Registration certificate, GST certificate, Shop & Establishment certificate, or any other Government certificate issued to running their business.

10)PAYMENT MODES:

• i) IgindiaBIZ allows the Vendor to make the payments for the Services, including the payment of the Service/Listing Fee, i.e., the Total Fee excluding Service Fee/ Subscription Fee by way any of the following modes:
  (a) Cheque; (b) Demand Draft; (c) RTGS (Real Time Gross Settlement); (d) ECS (Electronic Clearing Service); and, (e) CCSI (Credit Card Standing Instruction) (f) NACH (National Automated Clearing House)
• (ii) It is hereby clarified that IgindiaBIZ does not encourage/prefer that payments be made in cash. Any cash payments made by the Vendor pursuant to Terms of Service with IgindiaBIZ, shall be at the sole risk of the Vendor, without any recourse to IgindiaBIZ. Vendors shall not share to any employee of IgindiaBIZ Limited any banking related information or any information that is considered to be sensitive personal information within the meaning of Information Technology Act, 2000 as amended or any other law for the time being in force.
• iii) Payments can be made by the Vendor either weekly, fortnightly, monthly, quarterly and half-yearly as directed by IgindiaBIZ. IgindiaBIZ shall make best efforts to activate the Terms Of Service within 14 (Fourteen) working days from the date of receipt of the Service Fee and relevant documents into its bank account, for the respective Listing (subject to delay due to technical malfunctions). However IgindiaBIZ will not be liable in any manner for any delay in activating the Service of Vendor.

11)CONSEQUENCES OF NON-PAYMENT OF SERVICE FEE / ECS AMOUNT:

• a) The Vendor hereby agrees that it shall make the payment via such mode which is mentioned on the Clause 10 of these Terms. Any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881 including other appropriate legal proceedings to recover its just dues. The Vendor shall also be liable to pay interest @18 % per annum during that period. IgindiaBIZ reserve its right to recover to recover its just dues as per the services or the packages availed by the Vendor.
• b) In the event if the Vendor fails to make any payment for the services as availed, including the Service Fee or the ECS amount, in time and as per the payment plan chosen by him, IgindiaBIZ may also, in its sole discretion, suspend the Vendor’s Listing or access to the Service, as the case may be, until the Vendor makes necessary payments. Further, the Vendor agrees and acknowledges that the Vendor shall be deemed to have waived his rights to the Service and the Vendor’s listing for the period during which the Service and the Listing is suspended for non-payment. The right of IgindiaBIZ to determine the listing, suspend the Service and the Listing shall be without prejudice to IgindiaBIZ’s right to terminate the services for any material breach committed by the Vendor. Vendor hereby acknowledges that the opted position/listing will be released to other Vendors in the event of non-payment of Service fee or ECS amount without any notice/intimation from IgindiaBIZ.

12)LUMP SUM PAYMENT MODE:
Vendors who pays the lump sum amount while availing the services under such payment mode the tenure of the Service will be equivalent to the amount paid by the Vendor.

13)ISSUANCE OF INVOICE/ANNEXURES:

• a) On receipt of the consideration, the services shall be activated Once the services is activated IgindiaBIZ shares the invoice to the Vendors on their registered email ID and/or mobile number via email/sms & other electronic modes along with an invoice & other details as may be required.
• b) Invoice is valid subject to timely realization of the payment.

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

15)NO GUARANTEE OF BUSINESS:
IgindiaBIZ does not guarantee that enquiries/leads will be generated by it for the Vendor or that any of such enquiries/leads will be converted into business for the Vendor.

16)NO MARKETING:
IgindiaBIZ is not obliged and does not market the offerings of Vendor and shall not be obliged to recommend Vendor to the Users. IgindiaBIZ’s obligation under the contract is limited to the obligations explicitly set out herein and in no event does IgindiaBIZ undertake to generate or guarantee Enquiries or business to the Vendor.

17)INDEMNIFICATION:
Vendor shall defend, indemnify, and hold harmless IgindiaBIZ, its officers, employees, agents, Representatives from and against any claims, liability(ies), demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses (without limitation to reasonable attorneys’ fees and expenses) arising out of or in relation to or in connection with:

• a) breach of any provision or non-performance of any of its obligations under this Terms of Service;
• b) by reason of any infringement of third party rights (including intellectual property rights);
• c) any representation and warranty given by Vendor under this Terms of Service being found to be untrue, false or incorrect; or
• d) anything done or omitted to be done due to gross negligence, willful default or willful misconduct of the Vendor or any of its officers, directors, employees or agents or
• e) any third party claims or liability arising out of or related to Vendors’ Ads or Services.

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

19)VENDORS’ OBLIGATIONS TOWARDS END USERS:

• a) The vendor shall be responsible for any delivery, after-sales service, payment, invoicing or collection, sales enquiries, support maintenance services and/or any other obligations or services relating to or in respect of the Products/services provided by Vendors to end users. Such services shall be the sole responsibility of the Vendor/vendors.
• b) If any dispute raised by the End Users regarding the products/services, the vendor shall be obliged, forthwith, either to take back or withdraw defective goods or to withdraw or discontinue deficient services, or if fails to rectify defective goods or deficient services, then to refund the consideration within the period stipulated in the bill or cash memo or receipt or in the absence of such stipulation, within a period of Two days;
• c) In the event vendor is unable to resolve the grievances of any End User as per the satisfaction of End User, then IgindiaBIZ as per its discretion reserves the right to suspend the services/terminate the services or take any other measures as it may deem fit and proper.
• d) The vendor acknowledges and accepts that vendor is solely responsible (i) for falsely describing its product or service; or (ii) to give a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service; or (iii) to deliberately conceals important information in relation to any product or service; or (iv) for falsely representing about the standard, quality, quantity, grade, composition, style or model of goods/products; or (v) for falsely represents about the standard, quality or grade of services; or (vi) for falsely representing any re-built, second-hand, renovated, reconditioned or old goods as new goods; or (vii) for falsely representing about the sponsorship, approval, performance, characteristics, accessories, uses or benefits of goods or services; or (viii) for falsely representing about the sponsorship or approval or affiliation; or (ix) makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services; or (x) gives to the public any false warranty or guarantee of the performance, efficacy or length of life of a product or of any goods: or (xi) gives false or misleading facts disparaging the goods, services or trade; or (xii) for the goods do not comply with the standards prescribed by the competent authority relating to performance, composition, contents, design, constructions, finishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods; (vi) for manufacturing of spurious goods or offering such goods for sale or adopting deceptive practices in the provision of services; (vii) for not issuing bill or cash memo or receipt for the goods sold or services rendered in such manner as may be prescribed; (ix) for disclosing to other person any personal information given in confidence by the user/consumer unless such disclosure is made in accordance with the provisions of any law for the time being in force.
• e) The vendors shall be solely responsible for the accuracy of all information and/or validity of the Prices and any other charges and/or other information relating to the Products and/or services. The vendors shall be solely responsible for the price to be charged by them in accordance with law time being in force.

20)VENDORS’ OBLIGATIONS TOWARDS IGINDIABIZ LIMITED:

• a) The vendor acknowledges that it shall be solely responsible for all materials/information and its use of IgindiaBIZ’s directory services. The Vendor/vendor agrees that nothing in its Materials/information or its use of the Directory Services will be false, misleading, defamatory, harassing, or threatening, will constitute unfair competition or unfair commercial practice, will violate any applicable Law, or will infringe or misappropriate the Intellectual Property Rights of any third party. The vendor is solely responsible for the activities of any contractor, representative, or any of its agents or other persons acting on its behalf in connection with this contract. The Vendor/vendor will ensure that it’s complying with all applicable Law, including Law related to data protection and privacy.
• b) The vendor acknowledges that IgindiaBIZ is basically a local search proving directory service and do not seek any fulfillment of the product / services delivered or not, and it is the vendor responsibility to deliver the goods & services whose business is listed on IgindiaBIZ’s platform.
• c) The vendor acknowledges that IgindiaBIZ is not responsible for the goods or services, or any dispute between the vendors & end users. It is the responsibility of the vendors to resolve any dispute or claim raised by end users.
• d) The vendor acknowledges that IgindiaBIZ warrants that any proof/ intimation of dispatch of such Proof of Fulfillment provided will be authentic, whether electronic or otherwise. Provided that, if IgindiaBIZ so requires, the physical proof of dispatch of the Proof of Fulfillment of the Product shall be made available to IgindiaBIZ. All Proof of Fulfillment of Products shall be maintained by the vendor for a period of at least 3 (Three) year from the date of such fulfillment.
• e) The vendor acknowledges that IgindiaBIZ shall also not be responsible for any non-delivery/non-fulfillment of any Products/Services sold by sellers/vendors to the end users. All risks associated with the delivery/fulfillment of the Products/Services shall be solely that of the Vendors. Any and all disputes regarding quality, merchantability, non-delivery/non-fulfillment and delay in delivery/fulfillment of the Products/services or otherwise will be dealt with by and between the Vendors directly and End users and IgindiaBIZ shall not be made party to such disputes. The Vendors shall hold IgindiaBIZ saved and harmless from any such actions or claims that may be initiated against it. The vendors shall also indemnify and hold indemnified IgindiaBIZ at all times against all such actions and claims.
• f) The vendor acknowledges that IgindiaBIZ shall not be responsible for any fault, imperfection, shortcoming or inadequacy in the quality, quantity, potency, purity or standard or nature and manner of performance of any product or of any goods/services, sold by sellers/Vendors listed with IgindiaBIZ’s directory service, which is required to be maintained by or under any law.
• g) The vendor acknowledges and accepts that it restrains itself from: (i) unreasonable security deposits from end users for the performance of contractual obligations; or (ii) imposing any unreasonable penalty on the end users, for the breach of contract; or (iii) refusing to accept early repayment of debts on payment of applicable penalty; or (iv) entitling a party to the contract to terminate such contract unilaterally, without reasonable cause; or (v) permitting or has the effect of permitting one party to assign the contract to the detriment of the end users, without his consent; or (vi) imposing on the end users any unreasonable charge, obligation or condition; or (vii) manipulation of price or its conditions of delivery or to affect flow of supplies with intent to impose unjustified costs or restrictions.

21)VENDORS’ GENERAL OBLIGATIONS:

• (a) Vendor represents and warrants that (i) it is a bona fide business organization carrying on business in relation to the items disclosed to IgindiaBIZ; (ii) it has the rights to use the trademarks; (iii) the business carried on by vendor does not violate or infringe upon any law or regulation and all registrations, authorizations and /permission necessary approvals required for carrying on business have been procured by it; and (iv) all information provided about itself (Vendor) to IgindiaBIZ, is and shall at all times be accurate, valid and complete; (v) it would be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by the Vendor to IgindiaBIZ) to IgindiaBIZ.(vi) Vendor shall not have right to terminate the Service upto 9 months from the date of activation of the Service. For the purpose of clarity it is agreed between the parties that IgindiaBIZ will not be liable to refund any ECS amount which has been deducted during the validity of the contract.
• (b) Additional Covenants(i) The vendor acknowledges and accepts that any grievance as to the Services will be entertained only as long as the Service remains in force and that IgindiaBIZ will not entertain such grievances post-expiry or termination of the Service; (ii) Vendor accepts that it is his/her responsibility to update contact information, information pertaining to its products/services using the online edit option available in their listing and keep IgindiaBIZ updated in this regard. In the event the relevant information is not updated accurately, the Vendor would, by default, be bound by the explanation or description of the product/service or any other details of the vendor communicated by IgindiaBIZ to the Users or any other third party; (iii) Vendor hereby agrees to keep proper receipts, invoices and details for the transactions entered into by it (Vendor) and the User; (iv) The Vendor undertakes to provide a copy of the licenses/ registrations or any other documents including but not limited to valid Identity proofs such as ration card, adhar card, pan card, passport, voter id card and residential proofs such as electricity bill, telephone bill, bank passbook etc, as required by it (Vendor) to run the business. The vendor acknowledges that any breach of the covenants set forth herein may cause delay in activation, non-activation or termination of the services by IgindiaBIZ, at its sole discretion. Vendor further acknowledges that vendor shall not be entitled for any refund, compensation, damages, expenses, interest arising of out of business loss, claims, actions, inconvenience suffered by vendor from delay in activation of services, non-activation of services or termination of the services due to their (Vendor’s) fault of not providing documents, delay in providing the relevant documents or providing incomplete documents to IgindiaBIZ. It is further acknowledged by a vendor that IgindiaBIZ will be at no obligation to follow-up with vendor for the documents as mentioned herein and it will be vendor’s sole responsibility including but not limited to share/upload all the relevant documents confirming their identity, address and business registration details with IgindiaBIZ. (v) Vendor hereby agrees and undertakes that during the term of this Contract and after its termination of this Contract (for any reason), it will not directly or indirectly forward leads/enquiries to any third party, mis-utilize, cheat, solicit, or usurp or attempt to solicit, divert or take away any of IgindiaBIZ’s enquiries/leads. Any such conduct by vendor will lead to an immediate termination of the services and IgindiaBIZ at its discretion will initiate proceedings against vendor before appropriate forum. (vi) Vendor hereby agrees and confirms that during the term of this Contract and after its termination (for any reason), vendor will not directly or indirectly either for itself or for any other commercial enterprise, solicit, divert, hire or attempt to solicit, divert or usurp, any of IgindiaBIZ’s employees, business or prospective users/callers. Vendor shall not advertise or perform any solicitation, including but not limited to solicitation of users to use the services of Vendor directly or promoting its services by any means whereby user are motivated to not to use the IgindiaBIZ website/services or to use the Vendor website/services directly. Any conduct by vendor that in IgindiaBIZ’s discretion restricts or inhibits any other user/customer from using or enjoying the IgindiaBIZ services will not be permitted. During the term of this Contract and for 5 (five) years after any termination of this Contract, Vendor will not directly or indirectly, in any capacity:- (a) solicit any users of IgindiaBIZ by means of providing discounts, gift coupons etc in the event users uses the website of vendor directly. (b) divert, entice, or otherwise take away from IgindiaBIZ the business of any user/customer, or attempt to do so, or (c) solicit or induce any user/customer to divert or reduce its relationship with the IgindiaBIZ. Vendor will not, and will not authorize any third party to generate automated, fraudulent or otherwise invalid enquiries, clicks or conversions, ratings, reviews etc.; conceal enquiries, conversions for Service where they are required to be disclosed or use any automated means or form of scraping or data extraction to access, query or otherwise collect listing service related information from any Property except as expressly permitted by IgindiaBIZ. Vendor will direct communications regarding Service under the Term of Service only to IgindiaBIZ.
• (c) It is vendor’s sole responsibility to keep his id/password/login id safely so that no one can misuse it and do the changes in the listing visible on IgindiaBIZ portals to cause any wrongful harm to IgindiaBIZ or its users. Vendor represents that in event the loss is caused due to negligence of vendor, such as where he has shared the payment credentials, OTP details etc., then vendor will bear the entire loss and IgindiaBIZ shall not be responsible for the same.

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

23)ADDITIONAL DISCLAIMER:

• a) Vendor confirms that it will be solely responsible and liable for all matters between User and the Vendor, including but not limited to transactions entered into between such User and the Vendor. Further, it is hereby declared that IgindiaBIZ does not verify the identity of the User of the Service and that the information provided to Vendors is the information received from the User and will not be independently verified by IgindiaBIZ.
• b) In the event of receipt of any complaints from the Users regarding the Vendor or Vendor’s product/service, IgindiaBIZ reserves the right to discontinue the provision of Service to the Vendor or take any other action as deemed appropriate. Notwithstanding anything to the contrary contained in this Term, IgindiaBIZ may also forfeit the amount lying to the credit of such Vendor and terminate the services at its sole discretion.
• c) Vendor also agrees that at no time shall IgindiaBIZ vouch for or guarantee the performance of services or delivery of products by the vendor and IgindiaBIZ will not be liable for any non-payment of amounts due to the vendor by any User.

24)DISPUTE RESOLUTION:

• a) If the dispute raised by the Vendor regarding the defective or deficient services, IgindiaBIZ shall be obliged, forthwith, to repair or to remove the defects in products or deficiencies in the services in question or to replace or maintain the products with new products of similar description which shall be free from any defect. Provided that IgindiaBIZ shall not be liable to refund, if the Vendor: (i) act of omission or commission or negligence or conscious withholding any information, incomplete, and inaccurate information; (ii) does not follow the instructions or warnings issues by IgindiaBIZ; (iii) has misused, altered, or modified the product ; (iv) fails to inform IgindiaBIZ about the defective products or deficient services, within the period of 48 hrs., from the receipt of such products/services;(v) IgindiaBIZ provides the products/services as per Term of Service.
• b) Additionally, if IgindiaBIZ is providing defective or deficient services evidently, due to any system error, technical issue, human error or any other acts or omissions which is beyond its control, during the tenure of the contract, then it will not be considered as material breach of the terms of this contract. In such events, Vendor will bring it to the notice of IgindiaBIZ and thereafter IgindiaBIZ will conduct necessary investigation and based on the outcome of investigation may extend the services for equivalent days without any additional cost to vendor or provide other alternate solutions. The calculation of such extended period will be from the date of receipt of such intimation by IgindiaBIZ from vendor. However, IgindiaBIZ will have all the rights to give the details/information/system generated report evidencing that there were no default on the part of the IgindiaBIZ, hence IgindiaBIZ is not responsible for the extension of the services or any other alternate solutions. As mentioned under this clause, it will be the Vendor sole and exclusive remedy in the event of IgindiaBIZ’s failure to perform the services as specified under this contract.
• c) Any complaints or concerns with regard to content and or comment or breach of these terms, you can email to us at grievanceofficer@igindiaBIZ.com, with brief details of your complaint or call on our hotline No. 8888888888. Our customer service staff will acknowledge and redress your complaint on best effort basis and as per applicable Terms of Service.

25)TERMINATION:

• a) The term of this Contract begins upon Vendor’s registration or use of the Services and will end when terminated by any party (the “Term”). The Vendor may only terminate the Service, by giving 3 (three) months written notice (either by email or through registered post), prior to the automatic renewal of the same, stating his intentions of discontinuing the Services.
• b) IgindiaBIZ reserves the right to terminate the Service at any time, either with or without cause. If the Vendor commits a breach of a material duty owed to IgindiaBIZ, IgindiaBIZ may, at its discretion, call upon the vendor to rectify the breach within 7 (Seven) days of the receipt of notice, failing which IgindiaBIZ may terminate the relationship between Vendor and IgindiaBIZ.
• c) Upon termination of the Service, IgindiaBIZ will not be bound to delist the Vendor as a Vendor and cease disseminating Information of the Vendor to the Users. However upon termination, IgindiaBIZ shall have the right to delist the Vendor without prior intimation thereof to the vendor.
• d) In case of any technical difficulties in continuing the services, IgindiaBIZ reserves the right to terminate the services by giving written/oral intimation to the vendor.
• e) If the Vendor terminates the Service, either by efflux of time or by determination under this Terms of Service, the balance of the deposit placed by the vendor with IgindiaBIZ, if any, (after deducting payments for the period/tenure for which Services have already been provided by IgindiaBIZ) shall be retained by IgindiaBIZ. Under no circumstances, shall the Vendor be entitled to claim a refund of amounts already paid to IgindiaBIZ. If IgindiaBIZ terminates the service for reasons attributable solely to IgindiaBIZ, in any manner whatsoever, it shall either refund the amounts on proportionate basis or provide any alternate services.
• f) IgindiaBIZ may terminate the Service if vendor engages in fraud or other illegal or unethical activities, or in any activities which IgindiaBIZ in its reasonable judgment believes is in contravention, of any laws as may be applicable from time to time or of accepted industry practice and which under the circumstances could adversely affect the reputation or business of IgindiaBIZ.
• g) This contract will be terminated forthwith by IgindiaBIZ on the happening of any of the following events:
  • > If the vendor becomes or is declared bankrupt or goes in liquidation voluntary or compulsory, except for the purpose of amalgamation or reconstruction;
  • > If the vendor ceases to carry on its business or suspends all or substantially all of its operations;
  • > If a liquidator, receiver or administrator or any encumbrances takes possession of or is appointed over the whole or any part of the assets of the Vendor;
  • > If any attachment or distress is levied against any of the assets of the Vendor.
  • > If there is any material adverse change or any change in applicable law, rules, regulations, directives or guidelines, which prevents the continuing of the arrangement under this Contract.

26)NOTICES:
Notices shall be sent by email addressed notified by IgindiaBIZ/vendor from time to time in writing and may be followed by notice by registered post and dispatched through a reputed courier. Any notice refused by the Vendor would be deemed to have been legally delivered and Vendor will be deemed to have notice of the contents of such notice.

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

28)TAXES:
IgindiaBIZ is entitled to charge the vendor for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services and Listing fees (including bids arising out of Vendor’s relationship with IgindiaBIZ) and vendor hereby agrees to pay the said taxes and charges promptly without raising any objections. Vendor also agrees that in the event the said taxes and charges are not charged by IgindiaBIZ the same shall be paid by the Vendor directly to the authorities concerned without raising any objection. The vendor further agrees that the taxes and charges payable under this Clause is in addition to the fee paid by the vendor for the Listing and Services rendered by IgindiaBIZ. i) All TDS deductions, form no. 16A should be sent at tds@mall.igindiabiz.com iii) Goods and Service Tax is levied as per existing government policy. iv) Pursuant to Income Tax circular No 1/2014 dated 13-01-2014 TDS should not be deducted on Goods and Service tax. It is the responsibility of the Vendor to provide the correct Goods and Service tax number before the payments are made. If Vendor fails to provide the GST number or provide incorrect number before making the payment then the Vendor will not get due GST credit for which vendor shall be solely responsible.

29)MISCELLANEOUS:

• a) IgindiaBIZ’s interpretation of the Terms of Service shall be final and binding on Vendor.
• b) Vendor agrees that no joint venture, partnership, employment, or agency exists between vendor and IgindiaBIZ and that the Vendor is not entitled to bind IgindiaBIZ by its actions.
• c) IgindiaBIZ is subject to existing laws and legal process and nothing contained in the Terms of Service is in derogation of IgindiaBIZ’s right and obligation to comply with the law.
• d) If any clause or part thereof of the Terms of Service is held to be invalid or unenforceable then the invalid or unenforceable clause/ provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and is nevertheless valid and enforceable and the remainder of the Terms of Service shall continue in effect. Such revision to the Terms of Service will be deemed to have been in effect from the Effective Date.
• e) Vendor may not assign any rights or obligations against IgindiaBIZ without IgindiaBIZ’s prior written consent. IgindiaBIZ reserves the right to transfer any right or obligation against Vendor by issuance of notice of such assignment to the Vendor. Upon such assignment, the assignee shall be bound by the Terms of Service in the same manner as IgindiaBIZ and IgindiaBIZ shall cease to have any liability to Vendor. However, the Parties agree that IgindiaBIZ has an unfettered right to assign the Terms of Service and the Vendor is only entitled to a notice of such assignment. The Parties further agree that assignment of the Terms of Service by IgindiaBIZ will not be subject to Vendor’s consent.
• f) IgindiaBIZ shall not be responsible for any delay or deficiency in services due to any force majeure events such technical glitch, server issue, natural disasters, acts of terrorism, civil labor strike, labor and transportation strikes or any other acts beyond its control. During a force majeure event, the obligations of IgindiaBIZ under the Terms of Service will stand suspended.
• g) Nothing in the Terms of Service obliges or will be deemed to oblige IgindiaBIZ to provide any credit to the Vendor.
• h) Vendors agrees that IgindiaBIZ reserves its right to present the payment mandates i.e. ECS / CCSI / NACH any number of times to receive its just dues / payments for the services rendered under this terms of service.
• i) IgindiaBIZ has its own Reviews, Ratings and Comments on its portals which will be posted by the users of IgindiaBIZ. However, IgindiaBIZ takes no responsibility and assumes no liability for any content posted by any caller/third party on IgindiaBIZ site or on any mediums of IgindiaBIZ.

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

31)ENTIRE CONTRACT:
This Contract, including any Invoice, Annexures, along with the Terms of Service hereto forms a single Contract between the Parties hereto and constitute the entire understanding between the Parties with regard to the subject matter hereof and supersede any other TERMS between the Parties relating to the subject matter hereof.

32)AMENDMENTS AND WAIVERS:
Unless otherwise expressly stated in this Terms of Service, the failure on the part of IgindiaBIZ to exercise or delay in exercising a right or remedy under this Terms shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Terms of Service shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy available to IgindiaBIZ.

1. INTRODUCTION

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

1.2 This Terms of Service is entered between IgindiaBIZ Limited (hereinafter referred to “We”, “Our” or “Us”) and Vendors/Business entity (hereinafter referred to “You” or “Your”). You confirm that by applying, accepting, using our B2B Market Place Service (“Service”) indicates your acceptance of all the terms and conditions of this agreement, which has been clearly read, understood and accepted by you. We reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It’s your responsibility to review these Terms periodically for updates/ changes. Your continued use of our service following the posting of changes will mean that they have accepted and agreed to the revisions.

2. SERVICES: IgindiaBIZ is launching new B2B market place service for your business and creating digital catalogue & website for your business so that it can help you to promote your products and services through IgindiaBIZ’s portal so that the users can directly access your products & services and check out the products & services whenever they want to. This gives user the convenience and they can decide to buy your products & services when they feel the desire or the need. Therefore, this digital catalogue may help you to increase your business in an effective way.
3. FEE: IgindiaBIZ may create digital catalogue for your business, free of cost as of now for your B2B Market Place service. However IgindiaBIZ reserves the right, at its sole discretion, to determine the cost of its service as and when it requires.
4. YOUR’S REPRESENTAION, WARRANTIES & OBLIGATION:

4.1.1 you are a bona fide business organization carrying on business in relation to the itemsdisclosed in digital catalogue;

4.1.2 you have the rights to use the trademarks of business name,product images, and other details specified in digital catalogue;

4.1.3  the business carried on by you do not violate or infringe upon any law or regulation and all registrations, authorizations and /permission necessary approvals required for carrying on business have been procured by you; and

4.1.4 all information provided about yourself to IgindiaBIZ is and shall at all times be accurate, valid and complete and you shall be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by you to us) to IgindiaBIZ.

4.2 You acknowledge that you shall be solely responsible for all materials/information and its use of IgindiaBIZ for creating for digital catalogue. You confirm that you are the absolute owner of product images, specifications, descriptions & other details for creating digital product catalogues and you have granted the unfettered right to use your business details, product images, specifications, descriptions & other details for creating digital product catalogues & website for your business. Your business details are visible on our portals. You agree that nothing in its materials/information of digital catalogue will be false, misleading, defamatory, harassing, or threatening, will constitute unfair competition or unfair commercial practice, will violate any applicable Law, or will infringe or misappropriate the Intellectual Property Rights of any third party. You are solely responsible for the activities of any contractor, representative, or any of its agents or other persons acting on your behalf in connection with this term. You will ensure that you shall comply with all applicable Law, including Law related to data protection and privacy

4.3 You acknowledge & accept that it is your responsibility to update information pertaining to your business, products/services using the online edit option available in your listing and keep IgindiaBIZ updated in this regard. In the event the relevant information is not updated accurately, you would, by default, be bound by the explanation or description of the product/service or any other details of your business communicated by IgindiaBIZ to the Users or any other third party.

4.4 You undertake to provide a copy of the licenses/ registrations or any other documents including but not limited to valid Identity cum address proofs, as required by you to run the business.

4.5 You acknowledge that IgindiaBIZ is basically a local search proving directory service and do not seek any fulfilment of the product / services delivered or not, and it is your responsibility to deliver the goods & services. You acknowledge that we are not responsible for the goods or services, or any dispute between you & end users. It is your responsibility to resolve any dispute or claim raised by end users. In case of any disputes you shall hold IgindiaBIZ saved and harmless from any such actions or claims that may be initiated against it. You shall also indemnify and hold indemnified IgindiaBIZ at all times against all such actions and claims

4.6 You hereby undertake that during the term, you will not directly or indirectly mis-utilize, cheat, solicit, or usurp or attempt to solicit, divert, authorize any third party to generate automated, fraudulent or otherwise invalid enquiries, clicks or conversions, ratings, reviews, or solicit any users of IgindiaBIZ by means of providing discounts, gift coupons, or use any automated means or form of scraping or data extraction to access, query or otherwise collect listing service related information; or misuse IgindiaBIZ’s portals in any manner whatsoever. Any such conduct will lead to an immediate action and IgindiaBIZ at its discretion will initiate proceedings against you before appropriate forum.

4.7 It is your sole responsibility to keep the id/password/login id safely so that no one can misuse it and do the changes in the listing visible on IgindiaBIZ portals to cause any wrongful harm to IgindiaBIZ or its users. You represent that in event the loss is caused due to your negligence, then you will bear the entire loss and IgindiaBIZ shall not be responsible for the same.

4.8 The content is protected by copyright, trademark and other intellectual property rights, as applicable. You must not and must not permit anyone else to copy, store, adapt, modify, transmit the Content, or to distribute the Contents of digital catalogue available on our portal.

4.9 You are solely responsible for any transactions of any kind entered into between you and third parties accessing or acting in reliance on the Service. You must ensure that you shall comply with all consumers and other legislation, instructions or guidelines issued by regulatory authorities, relevant licences and any other codes of practice which apply to you.

4.10 You are responsible for the security and proper use of all user identities in connection with the Service and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.

4.11 You must immediately inform us if there is any reason to believe that a user ID or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way. We reserves the right to suspend user ID and password access to the Service if at any time we consider that there is or is likely to be a breach of security.

5. IGINDIABIZ’S OBLIGATIONS:

5.1 IgindiaBIZ reserves the right to vary the contents of digital catalogue from time to time by adding, removing or modifying content as IgindiaBIZ thinks fit, and does not guarantee or warrant that any particular item or items of content will be available at any given time.

5.2 The digital catalogue is protected under the intellectual property rights, as applicable. You must not permit anyone else to copy, store, adapt, modify, transmit the digital catalogue, or to distribute the digital catalogue to third parties, without written permission from IgindiaBIZ.

5.3  You must ensure that you shall comply with all consumers and other legislation, instructions or guidelines issued by regulatory authorities, relevant licences and any other codes of practice which apply to you.

5.4 We will provide you with the Service as per the terms of this agreement and with the reasonable skill and care of a competent service provider. We will use reasonable endeavours to provide uninterrupted Service, but from time to time faults may occur, which we will repair as soon as reasonably practicable, but occasionally for operational reasons change the technical specification of the Service or for any other reason beyond our reasonable control suspend the Service for operational reasons such as repair, maintenance or improvement of the Service or because of an emergency. Service will be restored as soon as possible.

6. DISCLAIMER & LIMITATION OF LIABILITY:

6.1 To the fullest extent permitted by law, IgindiaBIZ disclaims all warranties, express or implied, including without limitation for non-infringement, merchantability, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, IgindiaBIZ disclaims all guarantees 4 regarding the services and digital catalogue. You understand that there may be errors in the services. IgindiaBIZ will not be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose or of any remedy except for your indemnification obligation. IgindiaBIZ is also not liable for any claim owing to any misrepresentation of the information pertaining to you so long as the information exhibited/ communicated by IgindiaBIZ conforms to the Information made available by you or any person on your behalf

6.2 Once the Digital Catalogue contents/materials are approved by you or any person on your behalf, IgindiaBIZ does not warrant or guarantee the accuracy or completeness of any of the Catalogue Content or any further information or results which may be derived from you. You acknowledge that it is your responsibility to evaluate the accuracy and completeness of the Catalogue Content. In particular you acknowledge that IgindiaBIZ is not entitled to rely on any contents/materials of Digital Catalogue of your business as approved by you and that the use of the Catalogue Content for any purpose is at your sole risk.

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

7.1 Breach of any provision of this Terms or non-performance of any of its obligations;

7.2 By reason of any infringement of any intellectual property rights;

7.3 Any representation and warranty given by You to IgindiaBIZ under this Terms being found to be untrue, false or incorrect; or

7.4 Anything done or omitted to be done by you due to its negligence, default or misconduct of you or any of your officers, directors, employees or agents

7.5 Any third party claims

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

9.1 IgindiaBIZ Brands.

9.2 digital catalogue belong exclusively to IgindiaBIZ. Nothing in this Terms of Use is intended to grant any rights or license to you under any work right, copyright, trade secret, trademark or service mark, or other intellectual property right of IgindiaBIZ. You shall not have any right to use or reproduce in any manner any intellectual property owned by IgindiaBIZ, including any trademarks, trade names, logos etc.

10. TERMS & TERMINATION: If you breach any conditions of the Terms or IgindiaBIZ receives any complaints against you from any one or for any other reasons, IgindiaBIZ shall have right to terminate this agreement forthwith and you shall immediately stop using our service. In addition to the termination, IgindiaBIZ also reserves the right to initiate appropriate legal proceedings in the event of any material breach of the terms & conditions as stipulated herein.
11. FORCE MAJEURE: If either of the party is unable to perform any obligation under this contract because of any event beyond the party’s reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, epidemic or pandemic (whether or not involving employees of either party) or acts of local or central government or other competent authorities. Neither Party shall be liable for breach of this Agreement to the extent caused by or arising from any force majeure event beyond the control of such Party. If IgindiaBIZ is prevented by restrictions of a legal or regulatory nature from supplying the Service, IgindiaBIZ will have no liability to you for failure to provide the Service
12. DISPUTES RESOLUTION: If any dispute/difference arises between the parties about these Terms then the Parties shall meet to discuss the matter and shall negotiate in good faith to resolve the matter. However if such matter remains unresolved within 60 days from the date of dispute intimated to other party in writing thereafter the matter shall be referred to the sole arbitrator appointed by IgindiaBIZ at its discretion. The Arbitration and Conciliation Act, 1996 shall govern the arbitration proceedings and the place of Arbitration shall be Mumbai. Language of Arbitration shall be English. Cost of Arbitration shall be borne in equal proportion by the Parties. Attorney costs shall be borne individually by each Party. The Arbitration award shall be final and binding upon the Parties.
13. HELP DESK: For approval of any data, image of your products or digital catalogue, you can email to us at approval@igindiaBIZ.com.For any complaints or grievances with regard to contents and or comment or breach of these terms, you can email to us at b2bdata@igindiaBIZ.com, with brief details of your complaint or call on our hotline No. 8888888888. Our customer service executives will acknowledge and redress your complaint on best effort basis and as per applicable Terms of Service.
14. RELATIONSHIP: The relationship of the Parties is on a “principal to principal” basis and the Parties are independent of each other and nothing contained herein is intended to or shall be deemed to create with limitation any partnership, joint venture, employment or relationship of principal and agent between the Parties hereto or between You and IgindiaBIZ or to provide either of the Parties with any right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party.
15. SURVIVAL of INFORMATION: The terms and provisions of this agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this agreement.
16. NOTICES: All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the registered office addresses. Notices may also be sent through emails, 6 however, such emails must be followed up with a physical notice at the above mentioned address within a period of ten (10) days.
17. WAIVER: Unless otherwise expressly stated, the failure to exercise or delay in exercising a right or remedy under this Terms shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Terms shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
18. GOVERNING LAW AND JURISDICTION: This Terms of Service shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.
19. ASSIGNMENTS: You shall not assign, in whole or in part, the benefits or obligations of this Terms of Service unless otherwise mutually agreed in writing.

IGINDIABIZ PAY TERMS OF SERVICE are a legally binding agreement between Merchant (hereinafter referred to as “You”), and IgindiaBIZ Limited (hereinafter referred to as “IgindiaBIZ”), and apply to your use of IGINDIABIZ PAY Services. IgindiaBIZ offers a payment service solution that allows users to make a payment for goods or services.

It is important that you read and understand these Terms as they govern your use of the IGINDIABIZ PAY Services. These Terms contain a binding arbitration provision, which affects your legal rights and may be enforced by the parties. By accessing or using the IGINDIABIZ PAY Services, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately stop using the IGINDIABIZ PAY Services.

We may amend these Terms at any time by posting a revised version on www.igindiaBIZ.com or any other website we maintain for purposes of providing the IGINDIABIZ PAY Services. Amended Terms are effective at the time we post them and your continued use of the IGINDIABIZ PAY Services constitutes your acceptance of any amended Terms. We may notify you regarding upcoming Terms changes by us.

By clicking on the “I AGREE” button or a similar affirmation, or by acknowledging acceptance of the Agreement by any other method allowed by IgindiaBIZ, or by using or accessing the IGINDIABIZ PAY Services through any means permissible including, without limitation via a computer or a mobile application, you acknowledge and agree that: (i) you have reviewed and understands the Agreement; (ii) you agree to be legally bound by the terms and conditions of the Agreement; and (iii) your use of the IGINDIABIZ PAY Services will be governed by this Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this Agreement, you should not click on the “I AGREE” button and should not seek to obtain or use the IGINDIABIZ PAY Services.

1. DEFINITIONS:
2. IGINDIABIZ Pay Services:IgindiaBIZ provides IGINDIABIZ Pay Services to Merchants to facilitate receipt of payment for goods or services, which may include, but are not limited to, receipt of online payment by debit/credit card, QR Code payment, and/or via email or text message, as well as by other means developed by IgindiaBIZ from time to time.
3. Authorization:shall mean the process by which Payment Gateway Service Provider, Issuing Institution and/or the relevant Card Association electronically or otherwise convey the approval of a charge on a Transaction being undertaken by a Customer. It is agreed that the payment transaction made by Consumer would be considered received and confirmed only after the successful confirmation/acknowledgement from the Payment Gateway Service Provider.
4. Customer:shall mean person who is intending to purchase goods and services and willing to make the online payment to Merchant.
5. Proof of Delivery:shall mean the customer acknowledges to Merchant an electronically generated/physical acknowledgement, return receipt, message, etc. for the receipt of the goods or services.
6. Services:means IGINDIABIZ Pay services provided by Services Provider to Merchant under the terms of this Agreement.
7. Transaction:means dealing between the Merchant and the customer regarding purchase of any goods, item or service offered by the Merchant and its payment vide IGINDIABIZ Pay Services.
8. Customer Data:Data (identifying number, location and all other data as may be collected by, or available with Merchant in connection with or related to such Persons) relating to the Customers who used and/or attempted purchase products/services form Merchant.
9. Financial Institution Partners:shall mean various banks, financial institutions, Card Associations, payment system providers who are defined and licensed under the Payment and Settlement Systems Act, 2007.
10. Financial Institution Partners Services:shall mean the payment gateway system and services provided by the Acquiring Banks such as to (i) route internet based Valid Card transactions; (ii) offer various facilities through the internet, including Net Banking facilities; (iii) provide Authentication and Authorization from Card Associations or other third party clearing houses; and (iv) provide settlement facilities in respect of payment instructions initiated by the customers.
11. Card Association(s):shall mean any of Visa, MasterCard, Visa Electron, Maestro, Diners, American Express or any other card association as may be specified by us from time to time.
12. Card Association Rules:shall mean the written rules, regulations, releases, guidelines, processes, interpretations and other requirements (whether contractual or otherwise) imposed or adopted by any Card Association
13. Merchant Bank Account:shall mean the bank account maintained and nominated by you for settlement of your Settlement Amount.
14. Settlement Amount:shall mean Customer Charge minus the TDR and any other charges/fees payable by you to IgindiaBIZ under this Agreement.
15. Chargeback:shall mean reversal of the value of the Customer Charge with respect to any Transaction, inter alia, on account of (i) alleged forgery of the card number /bank account or other details (ii) any charge/debit made on a card that has been listed as a hot listed card or otherwise listed on the Card association warning bulletins (iii) duplicate processing of the transaction; or (iv) for other reasons as per applicable rules and guidelines issued by RBI, Card Associations, Acquiring Banks and Issuing Institutions. In addition, it shall include any debit to IgindiaBIZ bank account to recover the value of the Customer Charge in the event that you have insufficient funds and/or you fail to pay for the same.
16. Proof of Delivery:shall mean sufficient legitimate records evidencing Delivery of the Product to the Customer.
17. INTRODUCTION
18. IgindiaBIZ offers a IGINDIABIZ Pay Services that, amongst other things, allows users (i) to make a payment via payment gateway links which shall be sent on their email/sms; (ii) scan QR Codes placed on invoices, web pages, emails, posters or other media produced by the Merchant to enable the Users to quickly and easily (i) register with and/or log in to the Merchant’s website; and/or (ii) make payments to the Merchant.
19. The Merchant for the purposes of IGINDIABIZ pay services is required to register with IgindiaBIZ to be able to receive the Services. The Merchant may not receive the Services (including processing any Transactions) until it has been so authorised by IgindiaBIZ. By clicking on the check box Merchant agrees that it has read and understood this Terms of Service.
20. SCOPE OF SERVICES:
21. The Merchant is desirous of availing IGINDIABIZ Pay Services in order to accept the payments online from Customers for Services / Products purchased by them (Customers) from the Merchant or its agents.
22. IgindiaBIZ hereby grants Merchant a right to access and use the IGINDIABIZ Pay Services and to utilize systems, and/or communication links furnished by IgindiaBIZ in accordance with this Terms of Service and any other implementation and use requirements provided to Merchant by IgindiaBIZ from time-to-time.
23. Merchant shall not misuse, rent, lease, assign, or otherwise transfer the IGINDIABIZ Pay services to any other Person. Merchant may not alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from or included in the IGINDIABIZ Pay services/System. All rights, title and interest to the IGINDIABIZ Pay services are owned exclusively by IgindiaBIZ.
24. IgindiaBIZ shall perform the Services with reasonable skill and care.
25. ELIGIBILITY :

While using IGINDIABIZ Pay Service, you represent and confirm that:

1. You are 18 (eighteen) years of age or older;
2. You are Indian citizen, a legal resident of India or a business entity, authorized to conduct business in India;
3. You are not ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1972; and
4. You are entering into and performing this Agreement, as per applicable law and are not a person debarred from using the IGINDIABIZ Pay Service under the laws of India or other applicable laws.
5. IGINDIABIZ Pay Service can only be used in India. You acknowledge that IgindiaBIZ Services may be subject to export restrictions imposed by the laws, rules, regulations, and guidelines in force in India.
6. OUR RELATIONSHIP WITH MERCHANT :
7. IgindiaBIZ facilitates individuals and legal entities in accepting payments initiated by their customers on their website or mobile application directed to the IgindiaBIZ Site or through IgindiaBIZ’s IVR System, using Valid Cards, Net Banking and various other acceptable modes of Payment Mechanism provided by IgindiaBIZ.
8. IGINDIABIZ Pay is a software application. IgindiaBIZ will act as an intermediary, by creating a link between the Merchant and the respective Financial Institution by means of the Software Application and IgindiaBIZ site, for enabling the Customers to make payment for the Transactions carried, using IGINDIABIZ Pay Service. In order to serve in this role, we have entered into agreements with Financial Institution and other software providers who are in the business of providing information technology services, including but not limited to, internet based electronic commerce, internet payment gateway and electronic software distribution services, to enable use of internet payment gateways developed by them, to (i) route internet based Valid Card Transactions; (ii) offer various facilities through the internet, including net banking facilities; (iii) provide Authorization from Card Associations or other third party clearing houses; and (iv) provide settlement facilities in respect of payment instructions initiated by the Buyers.

• These Transactions are between you and your Customers and we are only acting as an intermediary. We are not (i) a payment System Provider as defined under the Payment and Settlement Systems Act, 2007,(ii) a banking company as defined under the Banking Regulation Act, 1949 or (iii) a non-banking financial company as defined by the Reserve Bank of India Act, 1938.

1. The relationship between IgindiaBIZ and you is on principal-to-principal basis. Nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between us hereto or any affiliates or subsidiaries thereof or to provide either Party with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party.
2. IgindiaBIZ has no connection or interest of whatsoever nature in your business or the Products offered/ marketed on the Merchant Site. IgindiaBIZ shall provide IGINDIABIZ Pay Services to you, as an independent entity and under the terms and conditions of this Agreement. IgindiaBIZ has no relationship with the Customers and all actions under this Agreement which may affect the Customers are instructed by you. You alone shall be responsible to the Customers and neither IgindiaBIZ nor the Financial Institution or anybody connected to IgindiaBIZ or Financial Institution shall have any responsibility or liability towards the Customers and you shall keep IgindiaBIZ and Financial Institution fully indemnified for all times to come in this respect.
3. IgindiaBIZ is neither concerned nor required to monitor in any manner the use of the payment modes by the Customers for procuring / availing the Products. The Customers should be required to use the payment modes at their sole option and risks. You shall be required to notify this responsibility to all its Customers under the instructions provided by IgindiaBIZ.
4. OBLIGATIONS OF IGINDIABIZ:
5. In providing the Services, the IgindiaBIZ is acting as an Intermediary between the Merchant and Customers/Users. The contract for the sale of goods or services will be between the Customers/Users and the Merchant. The Merchant shall be solely responsible for all customer service issues relating to its supply of goods or services (including pricing, rebates, item information, availability, technical support, functionality, warranties, guarantees, order fulfilment, shipping, handling, order cancellation, returns, refund, adjustments, feedback and product or service complaints). In performing customer service, the Merchant shall present itself to its customers IgindiaBIZ Provider. It is the responsibility of the Merchant and not the IgindiaBIZ to resolve any dispute or claim raised by Customers/Users relating to the purchase or sale of goods or services from the Merchant.
6. In case of an unauthorized Refund or a Refund that was incorrectly executed due to an error by IgindiaBIZ, IgindiaBIZ shall at the Merchant’s request immediately credit to the Merchant Account the refunded amount including all related Service Fees deducted therefrom. The IgindiaBIZ shall not be liable, where the unauthorized Refund arises from: (a) the Merchant’s failure to keep the personalized security features of the Merchant’s Account safe in accordance security policies prescribed under the law time being in force; or (b) any breach of this Agreement by the Merchant, or the Merchant ‘s negligence or willful misconduct; (c) if the Merchant fails to notify the IgindiaBIZ of any loss of the Merchant’s Password or other event that could reasonably be expected to have compromised the security of the Merchant Account after the Merchant has gained knowledge of such event; or (d) the Merchant fails to dispute and bring the unauthorized or incorrectly executed transaction to the IgindiaBIZ’s attention within 24 (Twenty Four) Hours from the time/date of the transaction.
7. IgindiaBIZ is obligated to perform only those duties expressly described in this Agreement. IgindiaBIZ shall not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact , except for as expressly provided for herein.
8. IgindiaBIZ shall maintain daily transaction record for accounting purpose and data and information generated/maintained by IgindiaBIZ under this agreement shall prevail and be binding on the parties.
9. IgindiaBIZ hereby agrees that the payment identification number generated by IgindiaBIZ shall be the proof of payment made by IgindiaBIZ to Merchant.
10. OBLIGATION OF THE MERCHANT
11. Merchant shall be responsible for working with the IgindiaBIZ development team to make sure IGINDIABIZ Pay Services are available subject to pre notified downtime of the system.
12. Merchant will designate an Account to which all amounts due pursuant to IGINDIABIZ Pay Services will be credited as per its terms and Conditions. Merchant shall be responsible for providing its accurate bank details to IgindiaBIZ. IgindiaBIZ shall not credit amounts due pursuant to IGINDIABIZ Pay Services to the Merchant’s Account, until or unless Merchant shall not settle all disputes relating to payment or chargeback etc..
13. Merchant hereby expressly authorizes IgindiaBIZ to initiate credit entries to Merchant’s Account for payment of amounts due to Merchant as per record and entries available with IgindiaBIZ, and to debit Merchant’s Account (for commission, payment gateway charges or any other charges) from time to time.
14. Merchant hereby confirms to provide relevant information to IgindiaBIZ and to comply with applicable laws and industry rules or standards or as otherwise reasonably necessary to receive IGINDIABIZ Pay services from IgindiaBIZ. m Merchant shall be required to submit the KYC documents as sought by the IgindiaBIZ from time to time or in compliance to statutory obligation for the purposes of availing services under this agreement.
15. Merchant agrees to maintain Transaction records and retain proof of delivery of services from the customers for up to two (2) years from Transaction date and to make these records available to IgindiaBIZ upon request.
16. The Merchant shall not offer to its Customer any Product or Services, which are illegal or offensive or banned as per the list provided in Annexure ‘A’ and/or is not in compliance with applicable laws, and regulations whether central, state, local or international of all jurisdiction from where the Customers avail the Products or Specified Purpose Services. The Merchant agrees and understands that IgindiaBIZ reserves the right to suspend payments to the Merchant or suspend the services of the Merchant, until such time that the Merchant does not discontinue selling such banned/illegal Products or uses the Funds collected for illegal, unlawful or banned purposes or does not conform with all applicable laws and regulations in force from time to time. In addition, IgindiaBIZ reserves the right to terminate this Agreement forthwith, in the event that the Merchant continues to sell such banned/illegal Products or uses the Funds collected for illegal, unlawful or banned purposes.
17. Merchant acknowledges that with respect to Transactions, IgindiaBIZ will be acting as the payment facilitator to the Merchant.
18. Merchant for any support or disputes can email at igindiaBIZpaydisputes@igindiaBIZ.com, with brief details of the support required or call on our hotline No. 8888888888.
19. Merchant shall not cause to be done any act/representation/omissions which results to loss of goodwill and damage to the reputation of IgindiaBIZ and vice versa.
20. Merchant or any person on behalf of Merchant must vigilantly comply with all applicable law, including, without limitation to, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made thereunder, Money Laundering Law, Sales of Goods Act, Legal Metrology Act and any other law for the time being in force, and shall not do, or omit to do, any act that will cause IgindiaBIZ to be in breach of any such applicable law. If Merchant breaches the obligations, it shall indemnify IgindiaBIZ against any costs claims and liabilities arising as a result of the breach.
21. Merchant shall take all such precautions and security measures to ensure that there is no breach of security and the integrity of the link and they have a proper encryption and robust security measures to prevent any hacking into the information of the customers and other data pertaining to customer/IgindiaBIZ. Merchant should have to do the following: use anti vires, protect the Password and Login ID, restrain from using Unlicensed or unmanaged applications, restrain from using third party links, and protect its devices and the data from unauthorized access etc.. In the event of any loss being caused as a result of the link being breached due to fraud, negligence and misconduct of the Merchant and any person on it’s behalf, the Merchant shall indemnify and keep indemnified IgindiaBIZ, from any loss as may be caused to it.
22. Merchant shall provide such assistance for the prevention and detection of fraud in respect of any transaction as IgindiaBIZ may from time to time request.
23. In the transaction between the Merchant and the Customers, IgindiaBIZ shall not be responsible for any defect in goods/services sold/provided by the Merchant. IgindiaBIZ shall not be deemed to be a party in respect of any such Transaction. Any and all disputes, subject to the other provisions of this Agreement, between the customers and Merchant in respect of any goods/services sold/provided by Merchant shall not require IgindiaBIZ to be a party to any such dispute except where the dispute between IgindiaBIZ and the Customer has arisen by the acts and omission of IgindiaBIZ.
24. Merchant agrees that it shall provide to IgindiaBIZ the Customer Data relating to the Customers as defined under this agreement.
25. The Merchant shall only accept Payments from and/or make Refunds to Customers/Users in connection with goods and/or services which the Merchant has sold and supplied to those Customers/Users;
26. The Merchant shall only accept Payments and/or make Refunds in respect of goods and services the sale and supply of which commonly falls within the Merchant’s business as identified to the IgindiaBIZ
27. The Merchant shall only accept payments and submit data to IgindiaBIZ in respect of Transactions which Customers/Users have authorized in accordance with Applicable Law, the Agreement and any other information or instructions provided by IgindiaBIZ to the Merchant from time to time.
28. The Merchant shall cooperate with the IgindiaBIZ and provide all information as the IgindiaBIZ shall reasonably require enabling it to provide the IGINDIABIZ PAY Services;
29. Merchant shall display the QR Code at significant location where it is easily visible to customers.
30. The Merchant shall also be responsible for informing, updating the customer’s about the cancellation and refund policy and IgindiaBIZ shall not be responsible for the same in any manner.
31. The IgindiaBIZ shall have no liability for any failure to provide or delay in providing the Services in accordance with the terms of this Agreement to the extent such failure or delay results from the failure of the Merchant to comply with terms or the Merchant has otherwise caused or contributed to the failure (by act or omission).
32. Unless otherwise agreed by the IgindiaBIZ in writing, the Merchant acknowledges and agrees that it shall (at its own cost) be solely responsible throughout the Term for the provision of all equipment, software, systems and telecommunications facilities which are required to enable the Merchant to receive the Services.
33. Merchant will comply, at its own expense, with all laws, policies, guidelines, regulations, ordinances, rules, and/or orders of any governmental authority or regulatory body having jurisdiction over the subject matter hereof, including, without limitation, terms of issuing Banks or/and terms of the Payment Gateway Provider. IgindiaBIZ reserves the right to amend, modify or change the Services documentation at any time. Merchant shall not use the Services in any manner, or in furtherance of any activity that may cause IgindiaBIZ to be subject to investigation, prosecution, or legal action.
34. Merchant will comply, and will cause its employees, agents and sub-contractors to comply, with Data Protection Legislation in connection with the performance of its obligations under this Agreement. You are responsible for keeping your Account login information, password, and PIN secure.
35. Your use of third party products and services shall be governed by and subject to separate third party product, service, software and/or license agreements. IgindiaBIZ shall not be a party to such third party agreements and does not warrant or guarantee any third party product or service.
36. Merchant shall provide the correct personally identifiable information of its customers/end users including but not limited to name, address, contact no. etc to IgindiaBIZ in all respects. IgindiaBIZ shall not be responsible, for any loss, or damages, causes either to Merchant and/ or customers/end users, in any manner whatsoever, due to the incorrect/false personally identifiable information of customers/end users, provided by the Merchant and the Merchant shall not claim or challenge for the same.
37. If you link a bank account with IGINDIABIZ Pay, the bank must be a registered with RBI. When you make a payment that is funded by your bank, you are authorizing IgindiaBIZ and our Financial Institution Partners to initiate an electronic transfer from your linked bank in the amount you specify. You are solely responsible for complying with any terms set by your bank with respect to your bank account, including any fee terms, such as non-sufficient fund or overdraft fee terms. If you are entitled to a Reversal, refund, or other adjustment associated with a payment you made using the IGINDIABIZ Pay Services, you also authorize IgindiaBIZ to credit your linked bank account to complete that transaction.
38. You shall have the marketable and legal right and title to sell Products offered by it to the Customers by using IGINDIABIZ Pay.
39. In the event any Customer complaints or is dissatisfied with any Product, you shall take such measures as may be required to resolve the same at its sole cost and expenses.
40. You shall ensure that the best service standards in the industry are adopted and shall ensure Delivery of all Products paid for on the Merchant Site to Customers in accordance with the highest standards.
41. You shall be solely responsible for the accuracy of all information and/or validity of the prices and any other charges and/or other information relating to the Products, which are offered by you.
42. You hereby agree that it shall bear and be responsible for the payment of all relevant taxes, surcharge, levies etc. (including withholding taxes) in relation to the Customer Charge and IGINDIABIZ Pay Services provided under this Agreement.
43. In the event that you opt for IGINDIABIZ Pay Services, you agree and understand that you and your Customers shall be bound by the terms and conditions at www.igindiaBIZ.com/terms.You shall ensure that you and all your Customers comply with the terms and conditions.
44. You will not engage in any activity, including the development or distribution of an application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party including, but not limited to, IgindiaBIZ or Financial Institution Partners.
45. You shall ensure to keep confidential, all information submitted by the Customers to you. The Customer shall not be required or asked to disclose any confidential or personal data, which may be prejudicial to interests of the Customer. You shall use the Customer data only for the purpose of completing the Transaction for which it was furnished, and shall not sell or otherwise furnish such information to any third party. You shall be liable to comply with existing data privacy regulations from time to time.
46. You shall in writing inform IgindiaBIZ of all changes in its constitution, directors/partners/trustees, or change in the current addresses of each office, within seven (7) Business Days of such change having taken place listing out the names and details of the personnel in charge of your management and affairs. Such intimation shall be provided on your letterhead signed by your authorized signatory.
47. You shall not engage in activities that harm the business and/or brand of IgindiaBIZ, the Financial Institutional Partners.
48. You shall be responsible to resolve all customer disputes and provide whatever assistance necessary to assist the Financial Institutional Partners and IgindiaBIZ deal with all Customer disputes at its own cost.
49. You authorize IgindiaBIZ to share Transaction data and Customer information with the respective Financial Institutional Partners.
50. You agree that IgindiaBIZ reserves a right to suspend the payment and/or IGINDIABIZ Pay Services provided herein, forthwith, in event you fail to observe the terms and conditions herein.
51. You agree that IgindiaBIZ shall not be responsible for any incorrect information provided by Merchant and the transaction thereof.
52. Merchant shall immediately inform IgindiaBIZ incase of any theft or lost of its instruments /mobile devices etc used for the IGINDIABIZ Pay services. Merchant agrees that IgindiaBIZ shall not be responsible in the event merchants fails to inform about such lost/theft of instruments /mobile devices etc.
53. You acknowledge and confirm that while accepting the payment using IGINDIABIZ Pay, you shall not demand any Customer (Cardholder) to pay any surcharge, to pay any part of the discount, whether through any increase in price or otherwise, or to pay any contemporaneous finance charge in connection with the transaction in which a IGINDIABIZ Pay is used. If at any stage it is brought to the notice of IgindiaBIZ / Bank that such a charge is being levied by you, then services will be immediately terminated by IgindiaBIZ or the Bank.
54. DORMANT ACCOUNTS
55. If there is no activity in your IgindiaBIZ Account (including access or payment transactions) for a period of one (1) year, we may close your IgindiaBIZ Account.
56. PRIVACY
57. Your privacy is very important to us. Your accounts details in as much as the services under this terms of services are safe and secure with us.
58. By using our Service, you may receive information about Customers. You must keep such information confidential and only use it in connection with the Services. You may not disclose or distribute any such information to a third party or use the information for marketing purposes unless you receive the express consent of the Customer.
59. OBLIGATIONS TOWARDS FINANCIAL INSTITUTION PARTNERS
60. As you will be using the IGINDIABIZ Pay Service, you undertake comply with all applicable rules, guidelines, instructions, requests and actions, etc., made by the Financial Institution Partners from time to time. The Financial Institution Partners may also put limitations and restrictions on you, at its sole discretion. In addition, the Financial Institution Partner has the right to reverse/reject settlement, suspend and/or terminate services, make inspections or inquiries in relation to the Transaction, etc. You understand and acknowledge that the Financial Institution Partners Rules form a part of this Agreement. In the event that your non-compliance of Financial Institution Partners Rules, results in any fines, penalties or other amounts being levied on or demanded of IgindiaBIZ by an Financial Institution Partners, then without prejudice to IgindiaBIZ’s other rights hereunder, you shall forthwith indemnify IgindiaBIZ in an amount equal to the fines, penalties or other amount so levied or demanded. If you fail to comply with your obligations towards the Financial Institution Partners, IgindiaBIZ may suspend settlement or suspend/terminate the IGINDIABIZ Pay Services forthwith.
61. CONNECTIVITY AND INTEGRITY OF HOTLINK:
62. You shall be responsible at your own costs for providing and maintaining all necessary equipment, software and facilities at your end so as to connect the IGINDIABIZ Pay Service.
63. You shall be responsible at your own costs for providing and maintaining all necessary equipment, software and facilities at your end so as to connect the IGINDIABIZ Pay Service.

• You shall take all such precautions and measures as may be directed by IgindiaBIZ from time to time to ensure that there is no breach of security and the integrity of the link. You shall also ensure that there are proper encryption and robust security measures to prevent any hacking into the information of the Customers and other data. In addition to the above, you shall also comply with security practices and procedures as prescribed in the Information Technology Act, 2000 and the rules made thereunder and/or the RBI rules and Regulations. Any loss incurred to you, IgindiaBIZ or Financial Institution Partner as a result of the Hotlink being breached due to improper security on part of you, your employees, contractors, agents, etc, shall be borne solely by you and you agree to indemnify, defend and hold harmless IgindiaBIZ and the Financial Institution Partner from any claims, actions, damages or losses arising out or in relation thereto.

1. Without prejudice to the generality of the aforesaid, you shall routinely and at such time intervals as may be specified by IgindiaBIZ check the integrity of the Hotlink and provide such reports from time to time.
2. PUBLICITY:
3. Merchant hereby agrees and confirms to include the name and logo of IgindiaBIZ/IGINDIABIZ Pay Services in all of their advertisement / promotional material upon taking written consent from IgindiaBIZ in writing.
4. REPRESENTATION, COVENANTS AND WARRANTIES OF MERCHANT:
5. Merchant has all the necessary licenses, permissions, approvals, rights and is fully authorized to sell the products/services to customers;
6. Merchant has full corporate power and authority to execute, deliver and perform this Agreement;
7. Merchant has obtained all licenses, clearances, permissions, approvals or consents from any third party or any regulatory or government body which are required by applicable law or regulations, to execute the business/services of this Agreement.
8. Merchant confirms that, the execution of this Agreement and the performance of its obligations under this Agreement and the implementations of the terms and conditions contemplated hereby do not constitute a breach of any contract, agreement, arrangement or understanding, entered into by it with any third party, or any IPR of any third party;
9. Merchant confirms that the execution of this Agreement and the performance of its obligations under this Agreement and the implementations of the terms and conditions contemplated hereby does not violate any statute, regulation, rule, order, decree, injunction or other restriction of any governmental agency or Court or any regulatory authority to which it is subject or any of the provisions of its’ constitutional documents;
10. Merchant shall post its refund/cancellation policy on its Website and shall ensure that its Customers are bound by the refund/cancellation policy. Merchant agrees to put up such notices, disclaimers or warranties as may be required under the law and/or by IGINDIABIZ.
11. Merchant hereby agrees that IgindiaBIZ does not verify the identity of Users of the Service and that the information provided to Merchant is the information received from the User/customer which has not been independently verified by IgindiaBIZ.
12. Merchant shall solve/reply all issues and queries pertaining to customers complaints to their satisfaction including the issues relating to the refund amount of cancelled transactions within 24 (Twenty Four) hours failing which IgindiaBIZ shall be entitled to debit the amount of such cancelled transaction from Merchant’s account without any further communication to Merchant.
13. In consideration of IgindiaBIZ providing the services as provided under this agreement, Merchant shall at all times use the logo of IgindiaBIZ / IGINDIABIZ Pay services in all their promotional material and in their advertisement after taking the written consent from IgindiaBIZ.

14.FEES/CHARGES:

1. In consideration for IGINDIABIZ Pay Service, you shall pay Transaction Discount Rate (“TDR”). The TDR shall be deducted by IgindiaBIZ from the Customer Charge payable to you in respect of each completed Transaction. IgindiaBIZ reserves the right to revise the TDR periodically, and IgindiaBIZ will intimate you of any such change within reasonable time.
2. In consideration for IGINDIABIZ Pay Service, you shall pay Transaction Discount Rate (“TDR”). The TDR shall be deducted by IgindiaBIZ from the Customer Charge payable to you in respect of each completed Transaction. IgindiaBIZ reserves the right to revise the TDR periodically, and IgindiaBIZ will intimate you of any such change within reasonable time.
3. PAYMENT & SETTLEMENT TERMS:
4. The IGINDIABIZ Pay Services may enable the Merchant to receive immediate Payments from Users who authorize and initiate those Payments via payment gateway links or QR Code. When a User initiates a Payment, the IgindiaBIZ will process the Payment. Provided that the issuing bank authorizes the payment, IgindiaBIZ will credit the Merchant Account for the amount of the Payment less any applicable Fees. If the Merchant does not receive the payment, the Merchant shall immediately contact the IgindiaBIZ.
5. Merchant is solely responsible for payment reconciliation of Transaction history with its actual Transactions. However, if Merchant find’s any discrepancy during reconciliation, Merchant agrees to notify IgindiaBIZ and IgindiaBIZ will promptly investigate and attempt to resolve any reported discrepancies. In the event of any dispute in the reconciliation/Invoice, IgindiaBIZ shall have a right to review and verify, the information provided by Merchant under this Clause based on the data and information available with IgindiaBIZ. It is hereby expressly agreed between Parties that in case of any discrepancy, the data and information generated by IgindiaBIZ shall prevail and be binding upon the Parties and the merchant shall not challenge the same in any manner whatsoever.

• IgindiaBIZ may suspend the processing of any Transaction / stop the payment to Merchant where IgindiaBIZ reasonably believes that the Transaction may be fraudulent or involves any criminal activity, until the satisfactory completion of the IgindiaBIZ’s ‘s investigation or that of any third party under Applicable Law. IgindiaBIZ may also initiate a Refund if a Payment is reversed by a court, regulatory authority or other third party acting in accordance with Applicable Law, (b) IgindiaBIZ , in its sole and absolute discretion, accepts or has reason to believe that a Payment was not authorized by the relevant User, or (c) a Payment is allegedly fraudulent, unlawful, suspicious, or in breach of this Agreement. In circumstances where the Merchant agrees to refund all or part of a Payment in connection with a purchase made by a User, the Merchant must initiate a Refund to that User.

1. IgindiaBIZ may refuse to execute a Refund if it does not meet the conditions in this Agreement or is prohibited by law. If IgindiaBIZ does refuse to execute a Refund, within the time for processing the Refund, it will notify the Merchant (unless prohibited by law) of the refusal and, if possible, the reasons for it and the procedure for correcting any factual mistakes that led to the refusal. Any Refund that is refused will not be deemed to have been received for purposes of execution times and liability for non-execution or defective execution. In order to reclaim an unauthorized or incorrectly executed Refund on the Merchant Account, the Merchant must notify IgindiaBIZ without undue delay after becoming aware of the unauthorized or incorrect Refund and in any event no later than 7( Seven) days after the debit date of the Refund
2. It is acknowledged and confirmed by Merchant that IgindiaBIZ may in future charge the commission percentage by notifying to Merchant.
3. In the event of termination of this agreement, Merchant undertakes and confirms to pay all amounts of money that are due and payable to IgindiaBIZ within Two (2) days of termination of this Agreement. Merchant shall at all times be responsible for any expenses, cost, charges that may be incurred by IgindiaBIZ for providing IGINDIABIZ Pay Services including but not limited to payment gateway charges, any fees or penalty imposed by payment gateway service provider or issuing institutions etc.

• IgindiaBIZ shall do the settlement of transaction amount with Merchant on every business day except Saturday, Sunday or any declared holiday. The amount of the Settlement Payment for any Settlement Period shall be the aggregate amount of the Payments made by the Customers/Users in such Settlement Period less the following amounts: (A) the aggregate amount of Refunds made during such Settlement Period plus the aggregate Refund Fees applicable to such Refunds; (B) the aggregate amount of Chargebacks (plus the applicable Chargeback Handling Fees) made in such Settlement Period; (C) the Settlement Fee (if any)/ payment gateway charges owed by the Merchant for such Settlement Payment; and (D) any other relevant Fees relating to such Settlement Period.
• IgindiaBIZ may defer any Settlement Payment: (A) if the amount of such Settlement Payment is less than the minimum Settlement Payment threshold that the IgindiaBIZ reasonably determines in the IgindiaBIZ’s ‘s sole and absolute discretion (of which the IgindiaBIZ will notify the Merchant from time to time), until the total Settlement Payment payable reaches that threshold; (B) where the IgindiaBIZ reasonably believes that a Transaction may be fraudulent or involves other criminal activity, until the satisfactory completion of the IgindiaBIZ ‘s investigation or that of any third party; or (C) without limit in amount or time, if IgindiaBIZ becomes aware or reasonably believes that the Merchant is in breach of or likely to be in breach of the Merchant’s obligations under this Agreement.

1. IgindiaBIZ may at its sole and absolute discretion deduct or withhold such sums from, or set-off such sums against, any Settlement Payment; and/or send the Merchant an invoice for any or all such sums, which invoice shall be payable in accordance with its terms.
2. IgindiaBIZ will make the settlement of the amount in the Merchant’s bank account provided by the Merchant to IgindiaBIZ.
3. IgindiaBIZ generates a successful transaction report daily at 00.00 hours through its system automatically and without any human intervention. The said transaction report is made available to the Merchant on regular basis. It is understood between the Parties that since the transaction report is generated automatically and independently, hence it shall prevail and be binding upon the Merchant and the merchant shall not challenge it any manner whatsoever.

• Merchant shall be liable to deposit all indirect taxes that may arise on orders/bookings placed by the Customer. Merchant agrees to indemnify IgindiaBIZ in case any demand of indirect taxes is raised by the revenue authorities including interest and penalty in relation to indirect taxes implications on the orders/bookings placed by the Customer under this agreement.
• IgindiaBIZ is only acting as a facilitator for receipt of payment of goods/services for Merchants. IgindiaBIZ does not maintain/deliver any goods at any point of time and property in goods does not pass to IgindiaBIZ under any circumstances. IgindiaBIZ is not responsible for issuing any invoice on the customer either directly or on behalf of the Merchant and not liable for any tax liability pertaining to this transaction except on commission income (if any) earned by it.
• IgindiaBIZ shall have no liability for any penalty, interest, fine or other charges due to the delayed or non-payment of any (applicable) taxes to the tax authorities under this agreement.

16. RESERVE:
17. You understand and acknowledge that at any time and from time to time, we may temporarily suspend or delay payments to you or require you to provide IgindiaBIZ with Reserve of such amounts as may be requested by IgindiaBIZ to secure the performance of your payment obligations under this Agreement for reason, including without limitation, high Chargeback risk, credit risk, refund overdraft risk, non-delivery issues, selling of banned items, non-payment of maintenance fees or other amount payable to IgindiaBIZ or any other indications of performance problems related to your use of the IGINDIABIZ Pay Service. If you fail to provide IgindiaBIZ with Reserve within seven (7) days of receipt of notice for the same, IgindiaBIZ reserves the right to suspend and/or terminate the Settlement Amount payable you or the IGINDIABIZ Pay Service without further notice. IgindiaBIZ may use this Reserve to set-off including but not limited to any Outstanding Amounts payable by you to IgindiaBIZ, Financial Institution and/or Customers.
18. In case the Settlement Amount payable to you and/or the Reserve (if any) is not sufficient to cover your Outstanding Amount, then you shall pay IgindiaBIZ and/or the Financial Institution the remaining amount due immediately upon request. IgindiaBIZ shall be entitled to charge daily interest on such Outstanding Amount from the date of request until the date of payment in full, at the rate of 1.5% per month. Provided that the above right of IgindiaBIZ to appropriate the Reserve and set-off the Outstanding Amount in the above manner shall be in addition to and reserving fully the right of IgindiaBIZ to recover all such losses, costs and damages etc from you by any other means, which may be available to IgindiaBIZ under the law. In addition, you agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the outstanding amount and the collection of same from you.
19. CHARGEBACK:
20. The Merchant shall bear the risk of Chargebacks initiated in respect of Customers/Users. If a Chargeback is initiated, IgindiaBIZ will deduct from the Merchant Account the amount of the Chargeback plus the applicable Chargeback Handling Fee. The Merchant will provide such information and assistance as is reasonably requested by IgindiaBIZ to process, administer, challenge or dispute Chargebacks. If the Chargeback is successfully challenged by submitted relevant documents and reversed, IgindiaBIZ shall credit the Merchant the amount of such reversal and if Merchant is unable to defend the Chargeback then IgindiaBIZ shall deduct the amount from Merchant’s account and shall credit in the User’s account.
21. Merchant hereby acknowledges that Issuing Bank/ payment Gateway service provider reserves the right to either accept or reject the chargeback of the Customer.

• In case of cancellation of transactions by the, refund process shall be as follows:
  1. The Merchant shall give intimation to IgindiaBIZ regarding details of transactions cancelled by the customers either by electronic mail or by letter.
  2. IgindiaBIZ shall not be liable for the calculation of cancellation charges which may be based on factors like terms & conditions of the Merchant selling the goods/services, the time of cancellation and the status of the transactions and shall accept the refund sent by the IgindiaBIZ as final in this regard. The Merchant shall provide the details and IgindiaBIZ will credit the amount of refund due to the customers.
  3. IgindiaBIZ shall reverse the debit entries in case of refund transaction from Payment Gateway Service Provider and shall in turn debit the Merchant with the amount of cancellation money as given by IgindiaBIZ and crediting the same to Customer.
  4. In case of fraudulent online purchase transaction done by Customer then it shall be resolved by Customer and the Merchant at the exclusion of IgindiaBIZ. The Merchant shall immediately inform the IgindiaBIZ.
  5. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS:

1. Both the Parties hereby acknowledge and agree that each Party is the absolute owner of all right, title and interest in respect of their own trade name, logo, trademark, copyright, device, label, colour combination, artwork and visual representation and they shall not, by virtue of this Agreement, assume activities under this Agreement or affiliation with the other Party, acquire or claim any interest in any such trade names or copyright belonging to and/or owned by the other Party.
2. Each Party shall at all times, render assistance in its power to restrain the infringement, passing-off, duplication, unauthorized use or colorable imitation of any such trade descriptions, logo, device, label, art work, trade names, trademarks or Copyrights.
3. Each Party hereby agrees and undertakes that it shall not register, use or file and/ or assist in and/ or allow registering, using or filing, either directly or indirectly, for itself or through, on behalf of or in conjunction with any person or legal entity and whether as principal, agent, shareholder, consultant, employee or in any capacity whatsoever, any trademarks/ service marks in any class, either alone or in combination with any other mark or material, which is similar and or identical and/ or resembling in any manner with the other party’s marks and/ or intellectual property rights of the other party and not to associate the other party marks and/ or intellectual property rights of the other party with its own business and/ or the business of any third party associated with it, except as contemplated under this Agreement.
4. Upon the termination of this Agreement for any reason, the Parties shall immediately cease to use other party’s marks and/ or intellectual property rights vested in the other party in any manner whatsoever.
5. Either Party shall not claim any right, title, or interest in the other party marks and/ or intellectual property rights vested in the other party and the same shall at all times continue to be the exclusive property of the other party.
6. Either party shall not directly or indirectly do anything which shall have an adverse impact on the other party’s marks and/ or intellectual property rights and/ or confidential information of the other party. In the event of termination of this Agreement the provisions of this Clause 10 shall survive the termination of this Agreement.
7. CONFIDENTIALITY:
8. Except as specifically set out in this Agreement, no announcement or communication concerning the terms of this Agreement shall be made or caused to be made before or after the execution of this Agreement, by both Parties without mutual consent.
9. Both Parties have agreed that, save and except with the prior written consent of the other Party:
   1. On and from the date of this Agreement, the contents of this Agreement and any documents, data, or information, which a Party may obtain from the other Party pursuant to this Agreement, or sensitive personal data and information defined under the Information Technology (reasonable security practices and procedure and sensitive personal data or information) Rule, 2011 (hereinafter referred to as “Confidential Information”) shall be kept confidential and shall not be disclosed by either Party to any third party.
   2. Upon the expiry of the term of this Agreement or the termination of this Agreement, neither Party shall issue any adverse official written communication relating to such termination or the factum of this Agreement.
   3. However, the Parties may disclose such Confidential Information under following circumstances: (i) if it is essential for the assessment of the transaction to disclose Confidential Information, (ii) may disclose such Confidential Information to its employees, agents and advisors (including without limitation, attorneys, accountants, consultants, bankers, financial advisors, or their representatives) whose knowledge of the Confidential Information is essential for fulfilling its obligations under the Agreement; (iii) disclose the said confidential Information to lawful authority after getting the lawful order; & (iv) where the disclosure is necessary for compliance of a legal obligation. Subject to the aforesaid conditions, the Parties shall not under any circumstances disclose to any third party or to any other IgindiaBIZ the terms and conditions of this Agreement & all confidential Information, documents, manuals and other materials provided by the other Party, during the subsistence & survival of this Agreement.

• Upon the expiration, cancellation or termination of this Agreement, each Party shall forthwith stop using and, return or destroy all Confidential Information, documents, manuals and other materials provided by the other Party. Upon request, the receiving Party shall send disclosing Party a certificate specifying that all the Confidential Information, documents, manuals and other materials have either been destroyed or returned.

1. In the event either Party violates or causes to be violated any of the provisions of this Clause during the term of this Agreement and after its expiry or sooner termination, the other Party shall, without prejudice to its other rights to claim injunctive relief, be entitled to claim from the Party in breach, and the Party in breach shall be liable to pay to the other Party as liquidated damages, compensation to the tune of actual amount of damages as determined and supported by proof of evidence, by the other Party. The above clause shall survive for the period of three years after the termination of the Agreement.
2. WARRANTIES AND INDEMNITIES:
3. The Merchant warrants and represents that all information provided to IgindiaBIZ in the course of applying to use the IGINDIABIZ PAY Service is true and accurate in every respect and the Merchant will keep all such information up to date during the Term.
4. The Merchant warrants that it will conduct its business in the Territory and that it will only use the Services and/or receives Payments within the Territory. The Merchant warrants and represents that the sale and purchase of goods and services by Users/Customers and the integration of IGINDIABIZ PAY meet all Applicable Law in the Territory and the provision of the Services by IgindiaBIZ will not contravene any such Applicable Law. If it is determined that such acts do contravene any Applicable Law, IgindiaBIZ may terminate this Agreement immediately.

• The Merchant shall indemnify and hold IgindiaBIZ/ Payment Gateway Service Provider harmless from and against any and all claims brought against IgindiaBIZ/ Payment Gateway Service Provider by Users/Customers or a financial institution or other third party, or which IgindiaBIZ may suffer or incur, to the extent such claims arise out of or in consequence of or in connection with: (A) a Transaction; (B) any security breach in relation to compromise or theft of Payment data held by the Merchant or on the Merchant’s behalf; (C) a breach of the warranties clauses and; (D) a failure by the Merchant to comply with the requirements of a regulatory authority or Applicable Law;.

21. LIMITATION OF LIABILITY:
22. This clause sets out the entire liability of the parties (including any liability for the acts or omissions of their respective employees, agents and sub-contractors) to each other in respect of: any breach of this Agreement; any use made by the Merchant or its Affiliates of the Services or any part of them; and any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement. In particular, and except as expressly stated in this Agreement: IgindiaBIZ makes no representations or warranties, express or implied, with respect to Merchant ability, fitness for a particular purpose or non-infringement; IgindiaBIZ does not warrant or guarantee that Merchant will achieve any level of sales, revenue or profit; IgindiaBIZ does not warrant or guarantee that the IGINDIABIZ PAY Services will always be available or operate error-free, or that any errors, omissions or misplacements in the software will be corrected.
23. Nothing in this Agreement shall limit or exclude the liability of either party for death or personal injury resulting from negligence; fraud or fraudulent misrepresentation; the indemnification obligations; or any other liability that cannot be excluded by Applicable Law.

• Without prejudice to above clause: IgindiaBIZ’s ‘s total liability arising under or in connection with this Agreement, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall be limited to an amount not more than the payment made by the customers/users in the one month immediately prior to the date on which the cause of action for such liability arose;

22. DISCLAIMER :
23. THIS SERVICES ARE PROVIDED ON AN “AS IS, “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES. IGINDIABIZ DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ENTIRELY ERROR -FREE. MERCHANT MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY REGARDING THE SERVICES BY ANY THIRD PARTY IN CONTRAVENTION OF THE FOREGOING STATEMENTS, INCLUDING REPRESENTATIONS OR WARRANTIES OF ANY IGINDIABIZ EXCEPT AS EXPRESSLY SET FORTH HEREIN.
24. IGINDIABIZ SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON -INFRINGEMENT, OR TITLE WITH RESPECT TO THE SERVICES, OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT. MERCHANT UNDERSTANDS AND AGREES THAT IGINDIABIZ SHALL BEAR NO RISK WITH RESPECT TO MERCHANT’S SALE OF PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY RISK ASSOCIATED WITH CHARGEBACKS OR FRAUD IN ANY MANNER WHATSOEVER.

• EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, MERCHANT EXPRESSLY AGREES THAT IGINDIABIZ SHALL NOT BE LIABLE FOR ANY LOSS (HOWEVER OCCURRING , INCLUDING NEGLIGENCE), ARISING FROM OR RELATED TO: (A) CUSTOMERS/MERCHANT’S FAILURE TO PROPERLY ACTIVATE, INTEGRATE OR SECURE ACCOUNT OR INCORRECT DETAILS ; (B) FRAUDULENT TRANSACTIONS PROCESSED THROUGH PAYMENT GATEWAY ACCOUNT(S); (C) DISRUPTION OF TRANSACTION SERVICES, SYSTEMS, SERVER OR WEBSITE BY ANY MEANS, INCLUDING WITHOUT LIMITATION, DDOS ATTACKS, SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY OTHER TECHNOLOGY; (D) ACTIONS OR INACTIONS BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, IGINDIABIZ, PAYMENT GATEWAY SERVCE PROVIDER , PAYMENT PROCESSOR OR ISSUING BANK; OR (E) THE LIMITATION OF THE FUNCTIONING OF ANY TRANSACTION SERVICES OR SOFTWARE, HARDWARE, OR EQUIPMENT ASSOCIATED THEREWITH.

23. TERM :
24. This Agreement shall remain in force continuously from the date of execution of this Agreement, until and unless otherwise terminated by either party by giving 30 (Thirty) days prior written notice to the other party. The duration may be reduced as mutually decided by both the parties.
25. TERMINATION :
26. Each party shall have the option to terminate this Agreement at any time by giving 30 (thirty) days advance notice in writing to that effect to the other party.
27. The Parties have right to terminate this Agreement forthwith by a notice in writing to the other Party, if other Party has committed any material breach of its obligations specified under this Agreement or has violated any law under which its right to business may cease and has failed to remedy the highlighting such breach or non-performance within one week.

• Each Party shall have the option to terminate this Agreement, by giving notice in writing, in the event that any other Party becomes insolvent, goes into liquidation or a liquidator is appointed to wind up the Company.

1. This Agreement shall stand terminated automatically if the business of the merchant becomes illegal/unlawful/banned by the law of the land or if the Merchant indulges in any illegal act or practice that makes its business illegal/unlawful/banned or if any transaction has taken place which results directly or indirectly in Money Laundering activities or financing of terrorists activities. IgindiaBIZ shall not be liable for such activities/transactions and Merchant shall be solely responsible / liable for any action taken by any Government or regulatory authority.
2. In the event of the termination of this Agreement either Party will, forthwith return all the signage, literature, banners, glow-signs and any such other promotional material to other party. The termination shall not affect any liabilities incurred by the either Parties prior to the termination of the Agreement or for acts performed during the pendency of the Agreement which may result in a dispute post termination of the Agreement nor any provision expressed to survive or to be effective on termination and the obligations set out in this clause shall remain in full force and effect notwithstanding termination.
3. GENERAL PROVISIONS :
4. Assignment:Neither Party shall assign the obligations nor any of the benefits under this Agreement to any persons, firm or company, save and except with prior written permission from the other party.
5. Waivers:No waiver by either party of any of their terms hereof or of any breach thereof shall constitute or be deemed to be a waiver of any such terms or of any breach in any other case whether prior or subsequent thereto.
6. Force Majeure:Neither party to this Agreement shall be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, web space or website by way of hacking, virus prone, defacement, stoppage of display or transmission of the website/app of IgindiaBIZ, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control.

If at any time during the term of this agreement the performance in whole or in part by any one of the parties, of any obligation under this agreement is prevented or delayed by reason of war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action or Act of God, the other party shall not be entitled to terminate this agreement neither shall any party have any claim for damages against the other in respect of such non-performance or delay in performance, provided notice of the happening of any such event/s is given by the affected party to the other within twenty one (21) days from the date of occurrence thereof.

4. Arbitration:Any dispute or difference which may arise at any time between the parties, as to the construction, meaning or effect of, or, as to any clause, matter or things contained herein, or as to the rights or liabilities of the parties under this Agreement, shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed with mutual consent of the parties. Arbitration shall be held at Mumbai, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. The Agreement shall be governed by and construed in accordance with the laws of India. The courts of Mumbai, India, shall have exclusive jurisdiction in connection with this Agreement.
5. Notice:Delivery of Notice: All notices or other communications required to be given hereunder shall be in writing and delivered either personally or by registered A.D. and /or mail, certified, return receipt requested postage prepaid, and addressed as provided in this Agreement or as otherwise requested by the receiving party. Notices delivered personally shall be effective upon delivery and notices delivered by mail shall be effective upon their receipt by the party to whom it is addressed. The Parties shall notify any change in address to the other party promptly. In case of failure to intimate the other Party about the change of address, the notice shall be served to the address mentioned in this agreement and shall be treated as properly served.
6. Entire Agreement:This Agreement constitute the entire Agreement between Merchant and the IgindiaBIZ pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the parties.
7. Severability:If any provision of this Agreement is determined to be unenforceable for any reason, then the remaining provisions hereof shall remain unaffected and in full force and effect.
8. Variations of Agreement:No variation or amendment to this Agreement shall bind either party unless made in writing and signed by the duly authorized persons/officers of both the parties.
9. Jurisdiction:It is mutually agreed between the parties hereto that any dispute or claim arising under this Agreement shall be subject to the jurisdiction of the Courts at Mumbai.

ANNEXURE ‘A’

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

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

1. INTRODUCTION
2. This TERMS OF USE FOR IGINDIABIZ PAY SERVICES governs the terms of your use of IGINDIABIZ PAY Servicesoffered by IgindiaBIZ Limited. (herein after referred to as IgindiaBIZ)
3. BY REGISTERING FOR OR USING IGINDIABIZ PAY SERVICES,YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THE IGINDIABIZ PAY SERVICES. As the IGINDIABIZ PAY Services owned by IgindiaBIZ, hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of IgindiaBIZ.

• When you use IGINDIABIZ PAY Servicesprovided by IgindiaBIZ, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to usage of IGINDIABIZ PAY Services. You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the IGINDIABIZ PAY Services.

We may amend these Terms at any time by posting a revised version on www.igindiaBIZ.com or mobile site i.e., http://wap.igindiaBIZ.com/?m=1 any other website we maintain for purposes of providing the IGINDIABIZ PAY Services. Amended Terms are effective at the time we post them and your continued use of the IGINDIABIZ PAY Services constitutes your acceptance of any amended Terms. We may notify you regarding upcoming Terms changes by us.

2. DEFINITIONS
3. “Account”refers to the account created for a User as soon as he successfully completes the process of registering at www.igindiaBIZ.com, which contains information regarding his IGINDIABIZ Pay Services, which permit payment and domestic money remittance as per RBI direction, as amended by RBI from time to time.
4. “Customer” “or” “you”mean a person who has registered with IgindiaBIZ for availing the IGINDIABIZ PAY Services and who has accepted these Terms and Conditions and, owns/operates/has access to an internet compatible device that supports the IGINDIABIZ PAY Services.
5. “Charge(s)” or “Service Charge”shall mean the charges which IgindiaBIZ may levy upon you in consideration for subscribing to the IGINDIABIZ PAY Services.
6. “Eligible”means satisfying the conditions of eligibility prescribed under these T&Cs.
7. “KYC”stands for Know your Customer and refers to the various norms, rules, laws and statutes issued by RBI from time to time under which IgindiaBIZ is required to procure personal identification details from you before any services can be delivered. Know your Customer (KYC) documents may be required by IgindiaBIZ from the Customer at the time of Registration and/ or on a later date, for availing and / or continuation of the IGINDIABIZ PAY Services.
8. “IGINDIABIZ PAY Services”allows its registered users to: a) to make a payment via payment gateway internet enabled links which shall be sent on their email/sms/links; or b) scan QR Codes placed on posters or other media displayed at Merchant’s establishment to enable you to quickly and easily make payment via method internet enabled links which shall be sent on their email/sms/links (i) register with and/or log in to the Merchant’s website; and/or (ii) make payments to the Merchant, or (c) transfer funds to a savings or current bank account, or to make any valid transaction, upon completing the necessary formalities mentioned herein, or otherwise mention time to time.
9. “Merchant”means any of the establishments listed on the webpage available at igindiaBIZ.com or at its portals which/who accepts payment through IGINDIABIZ Pay Services for sale of their goods and services and with whom we have executed physical contracts. The list of Merchants available at www.igindiaBIZ.com
10. may be revised by us from time to time without intimation to you.
11. “Merchant Establishment”shall mean and include physical Merchant’s shops, and any other outlet that has been authorized by IgindiaBIZ to accept payment using IGINDIABIZ PAY Services.
12. “IGINDIABIZ Registered Users” mean any User who completes the necessary formalities as required for registration
13. “Password”means the secret password used to secure IGINDIABIZ PAY Services applications, without knowledge of which IGINDIABIZ PAY Services will not be operable.
14. “RBI” means the Reserve Bank of India.
15. “Registration Form”shall mean the IGINDIABIZ PAY Services Registration Form, as is required by IgindiaBIZ from the Customer at the time of Registration for availing and / or continuation of the IGINDIABIZ PAY Services.
16. “Transaction”means make a payment for purchase of goods or services at Merchant establishments or fund transfer to the savings or current bank account, or any other legitimate transactions.
17. “Terms and Conditions of Service” or “T&Cs”refers to these terms and conditions of use of IgindiaBIZ’s Services, and any future revisions of the same, which you are informed of via automated e-mail sent to Your Registered E-mail Address.
18. ELIGIBILITY TO USE THE IGINDIABIZ PAY SERVICES
19. While using IGINDIABIZ Pay Services, you represent and confirm that:
20. You must be 18 (eighteen) years old;
21. You are Indian citizen, a legal resident of India or a business entity, authorized to conduct business in India;

• You must be an authorized representative with the authority to bind that company or entity to these Terms;

1. You are not ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1972;
2. You are entering into and performing this Agreement, as per applicable law and are not a person debarred from using the IGINDIABIZ Pay Services under the laws of India or other applicable laws.
3. IGINDIABIZ Pay Services can only be used in India. You acknowledge that IgindiaBIZ Services may be subject to export restrictions imposed by the laws, rules, regulations, and guidelines in force in India.

• We reserve the right to immediately terminate your Account if we have reason to believe that your Account is being used by any person who is not eligible, or for any other reason. We rely completely on your representation that you are eligible and will bear no liability if you or anyone who uses your Account or IGINDIABIZ Pay Services is found to be not eligible.

4. REGISTRATION OF IGINDIABIZ PAY- USER ACCOUNT
5. To open an Account or to Use the Services, you must provide us with the following “Registration Data”: a valid and functional e-mail address (“Registered E-mail ID”); a valid and functional phone number registered in your name (“Registered Phone Number”); a password; Valid Bank / Card details (for example, Bank Account No, IFSC Code, Bank Account No, Card No, Card Expiry details etc.) and any additional information that RBI Regulations may prescribe to be necessary to satisfy Know Your Customer norms (“KYC Norms”), or as we deem fit.
6. The Registration Data and any other information provided by you to us must be accurate, current and complete information about yourself or your company as prompted by our registration form (including your email address) and maintain and update your information (including your email address) to keep it accurate, current and complete. Any liability for false, fictitious, inaccurate, not current or incomplete Registration Data provided by you will be borne solely by you and not us.

• You must keep password confidential and not share it with any other person. You are responsible for all activity on your account, whether or not you authorized it. Please do not share your Registration Data with any third parties as you will be solely responsible for maintaining the confidentiality of your Registration Data and will be liable for all activities and transactions that occur through your Account and IGINDIABIZ Pay, whether initiated by you or any third party.

1. In order to protect the security of your Account and IGINDIABIZ Pay, we require you to (a) immediately inform us at our Hotline No. 8888888888 & email us at igindiaBIZpaydisputes@igindiaBIZ.com , of any unauthorized use of your Account and (b) to ensure that you log out of Your Account at the end of every session.
2. In accordance with RBI Regulations to prevent money laundering and the funding of terrorism in India, We may suspend or terminate your Account with immediate effect if we have reason to believe that the Registration Data or any other data provided by you is incorrect, or that the security of your Account has been compromised in any way. Please note that in order to comply with RBI Regulations, we do not allow you to open more than one Account in association with the phone number registered in your name.
3. In the event that you have forgotten the password to your Account, you may click on Forgot Password to request a new password. Based on our sole discretion and if we are satisfied that the identity of the applicant for a new password matches your identity, we will send an e-mail to your Registered E-mail ID, with instructions to reset your password (“Password Instructions”). You will be solely responsible for any transactions which occur through your Account once we send the Password Instructions to your Registered E-mail ID.

• In the event that you are unable to access to your Account for any reason other than forgetting your password, please inform us at our Hotline No. 8888888888 & email us at igindiaBIZpaydisputes@igindiaBIZ.com and make a request for blocking your Account. We will not be liable for any unauthorized transactions made through your Account prior to you making a request for blocking.
• You may be required to provide additional information to allow us to verify your identity and/or your account information. We may also verify your information against third party databases or other sources and you authorize IgindiaBIZ to make such inquiries.

1. You are responsible for keeping your Account information and password secure. If you share your Account credentials with another person, you are responsible for all activity they conduct using IGINDIABIZ Pay Services, regardless of whether or not you authorized their activity. We will never ask you for your Account credentials.
2. DOCUMENTATIONS
3. The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and IgindiaBIZ reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. IgindiaBIZ reserves the right to discontinue services/ reject applications for IGINDIABIZ PAY Services at any time if there are discrepancies in information and/or documentation provided by you.
4. Any information provided to IgindiaBIZ with the intention of securing IGINDIABIZ PAY Services shall vest with IgindiaBIZ, and may be used by IgindiaBIZ, for any purpose consistent with any applicable law or regulation, at its discretion.

• Once you have successfully created an Account after completing the registration process in accordance with these T&Cs, you can start availing of our IGINDIABIZ PAY Services.

1. Once you have successfully created an Account after completing the registration process in accordance with these T&Cs, you can start availing of our IGINDIABIZ PAY Services.
2. GENERAL CONDITIONS:
   6.1. Use of IGINDIABIZ Pay Services
3. In order to access IGINDIABIZ Pay Services, YOU/ Merchant is required to download IgindiaBIZ application , you may be required to provide information about yourself (such as identification, contact or payment details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to us will always be true, accurate, correct, complete and up to date. Any phone number used to register with our service needs to be registered in your name and you might be asked to provide supporting documents to prove the same.
4. IGINDIABIZ Pay Services allows you to make a payment to Merchant via payment gateway internet enabled links and/or QR Codes for the products and services purchased by you or transfer funds to the savings or current bank account of the person, after completing the necessary formalities mentioned herein or otherwise mention by IgindiaBIZ time to time.

• IGINDIABIZ Pay Services also allows you to store your bank or credit account information with IgindiaBIZ for making the instant payment without re-entering that information or sharing it with third parties. IGINDIABIZ Pay Services is encrypted and secure and your information is safe with us. IGINDIABIZ Pay Services cannot be used to hold or store money and IgindiaBIZ does not hold or store any of your funds. IgindiaBIZ does not have control of, or liability for, any goods or services that you pay for using the IGINDIABIZ Pay Services. IgindiaBIZ does not guarantee the identity of any Vendors, sellers, and does not guarantee that a transaction will be completed.

1. You may also choose to make the payment to Merchant through IGINDIABIZ Pay Services, for the products and services purchased by you or Fund Transfer by using your valid credit / debit and/ or any other cards including e-wallets, online banking facility to make payment. You shall be bound to use your own credit / debit and/ or any other payment cards, online banking accounts to make payment via IGINDIABIZ Pay Services. IgindiaBIZ shall not be liable and responsible for any credit/debit or any other card frauds, misuse of your card or any unauthorized payment transactions which has been processed by Bank / third party payment processor.
2. When you choose to make the payment or transfer funds to the savings or current bank account of the other person through IGINDIABIZ Pay Services, you have to submit the complete bank details of the recipient of money such as Bank Account No, IFSC Code, and/or any additional information that is necessary to complete the transaction or RBI may prescribe time to time. If you would not submit the bank details of the recipient of money, we will not process your transactions or funds will not transfer to the bank account of the recipient.
3. When we receive payment instructions from you to pay a Merchant or to any Users or person, you authorize and order us to commit your payment to that Merchant or to another Users or Person. This authorization will remain in effect as long as you maintain an Account with us.

• In the event that you are having any issues in goods or services which is including but not limited to cancellation, refund, pricing, warranty, guarantee or you are not satisfied with the goods or services provided to you by a Merchant for any reason, we recommend that you report the matter to the Merchant in question. Please note that IgindiaBIZ is an are intermediary and are not responsible for the goods or services provided by Merchants and cannot be involved in any disputes between a Merchant and User regarding the same.
• You accept and acknowledge that payment processing is hosted by a third party payment processor and usage of such payment processing shall be subject to such additional terms and conditions which such third party payment processor may prescribe from time to time.

1. You agree and confirm to comply with the terms and conditions of the Merchant from whom you are taking the services/products and thereafter making the payment to them via IGINDIABIZ Pay Services.
2. IgindiaBIZ facilitates payment solutions to the Users to make a payment to Merchant or Transfer Fund. In the case of commercial transactions IgindiaBIZ is acting as an intermediary, which enabling users to make a payment to Merchant through IGINDIABIZ Pay Services. All commercial terms are offered by and agreed to between you and Sellers alone. IgindiaBIZ does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of any commercial terms between the User and Merchant.
3. In order to use the IGINDIABIZ Pay Services, you must link you bank account/card details, to IGINDIABIZ Pay Services. When you make a payment to Merchant or Transfer Fund using the IGINDIABIZ Pay Services, you are authorizing us to initiate an electronic transfer from your linked bank account in the amount you specify. You are solely responsible for complying with any terms set by your bank with respect to your bank account, including any fee terms, such as non-sufficient fund or overdraft fee terms. If you receive a payment from Merchant or Fund Transfer via IGINDIABIZ Pay Services or are entitled to a reversal, refund, or other adjustment associated with a payment or Fund Transfer made by you using the IGINDIABIZ Pay Services, you also authorize a credit to your linked bank account to complete that transaction.

• If you make payment for a purchase using the IGINDIABIZ Pay Services or using for Fund Transfer, fund will be transferred to Merchant/ Users instantly.
• IgindiaBIZ does not provide any endorsements or guarantees for any individual or entity using the IGINDIABIZ Pay, nor any third party offers, goods or services featured on our websites. Information regarding third party offers, goods, and services is provided on our websites for informational purposes only, and may not be true, accurate, or reliable.
• Information provided by IgindiaBIZ or otherwise obtained from the Website will not be used for any unauthorized and unlawful purpose;

1. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by IgindiaBIZ, unless you have been specifically allowed to do so in a separate agreement with us;

• You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services);
• You agree that you are solely responsible for (and that IgindiaBIZ has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which IgindiaBIZ may suffer) of any such breach. IGINDIABIZ PAY Services is not transferable.

6.2. ‘One Tap’ Feature:

By availing the complete ‘One Tap’ feature, you will be able to process your payment requests made using your debit or credit card stored with us by simply selecting the faster checkout saved card and clicking the “Make Payment” button. The One Tap feature may be divided in two parts:

1. Faster Checkout option:When you enter your debit card/debit card details for the first time while making a payment, we will provide you an option to save such card details for faster checkout. If you select the ‘One Tap Checkout’ option (currently name as One Tap Checkout), you understand and agree that we will save your card details in a manner compliant with our PCI DSS certification. For the next time when you make a payment using the Services, you will not be required to enter your card details. You can simply click on the saved card, while making a payment request and your payment instructions will be sent to the Payment System Providers for authentication, authorization and processing. The second part ‘auto-read OTP’ option is currently only available on our android mobile application.
2. Auto-Read of One Time Password (“OTP”): OTP is a one-time password, which is provided by your issuing bank in order to carry out the second factor authentication of your debit/credit card. If you register for our ‘One Tap’ feature, you understand that we will be able to retrieve your OTP from the message received on your mobile and populate and submit the OTP on the issuer’s page for second factor authentication of your debit/credit card. In order to avail the entire ‘One Tap’ feature, you may go to the payment page and save the card for One Tap Checkout.
   You understand that you have agreed to select the ‘One Tap’ feature in whole or in part at your own risk and for your convenience. You agree that we are only acting as your technology intermediary and eliminating the need for you to manually enter your card details or OTP. All information and instructions received from your Card will be deemed to have been authorized by you and we shall not be liable for any unauthorized use of your Cards or any unauthorized transactions made using the whole or any part of the ‘One Tap feature’. It is to be clarified that the ‘One Tap’ feature doesn’t avoid the two-factor authentication system, it only provides a technology platform which eliminates the need of manual typing of card details and OTP by you. We emphasize that we are not involved in the authentication, authorization and processing of you payment request and only facilitate you in sending such payment instruction to the Payment System Provider.
   In the event that your device (mobile, tablet, laptop, etc.) is stolen/lost or your suspect any unauthorized use of your debit/credit Card, please ensure you go to the payment page of IgindiaBIZ App and de-activate the ‘One Tap’ feature immediately. You should also inform us of the same after de-activation at igindiaBIZpaydisputes@igindiaBIZ.com. In the event that you have de-activated the ‘One Tap’ feature and informed IgindiaBIZ of the same and thereafter an unauthorized transaction is made, IgindiaBIZ’s service provider will take responsibility for the same provided that you provide us with adequate information that the transaction was not made by you or any person that you know. IgindiaBIZ’s service provider shall determine that legitimacy of the claim at our sole discretion.
3. CHARGES
4. Currently, we do not charge you to use the IGINDIABIZ Pay Services. However, your mobile network operator may charge you to access the IGINDIABIZ Pay and you are responsible for these charges.
5. Please note that in future IGINDIABIZ Pay Services may be chargeable at the discretion of IgindiaBIZ, in the form and manner prescribed for such payment. IgindiaBIZ may at its discretion, change, amend, increase, or reduce the Service Charges without prior intimation to the Customer.

• IgindiaBIZ reserves the right to introduce a policy as per the applicable RBI guidelines for IGINDIABIZ PAY Service expiration and balance forfeiture in future. The terms and conditions related to any such policy that we may introduce in the future will come into effect from the date that will be clearly indicated under the “Terms of Use” for IGINDIABIZ PAY Services.

8. YOUR INFORMATION
9. When you use the IGINDIABIZ Pay Services, we will send your information (including, where applicable, your encrypted payment card details) from the IGINDIABIZ Pay server to the third party payment services provider.
10. By using IGINDIABIZ Pay Services you agree to receive promotional SMS/Emails from IgindiaBIZ or its associates, agent or partners.

• Your privacy is very important to IgindiaBIZ. When you using IGINDIABIZ Pay Services, you confirm that you have read and accepted our Privacy Policy. The Privacy Policy, which is accessible through the IGINDIABIZ Pay Services and forms an integral part of this Agreement, describes how we collect and use your Information.

1. The IgindiaBIZ reserves the right to use your Information in order to contact you in the future in relation to marketing any other products or services offered by the IgindiaBIZ, any of its related group companies or participating merchants.
2. You shall be responsible for maintaining the confidentiality of your personal and sensitive data or information and you shall be responsible for all activities that occur under your use of IGINDIABIZ Pay. 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 the this Terms of Use, we shall have the right to indefinitely suspend or block your access to IGINDIABIZ Pay Services.
3. YOUR OBLIGATIONS
4. IGINDIABIZ PAY Services availability is subject to the maintenance of an active mobile phone, internet connection with an associated telecom provider and Bank / Card Account. IGINDIABIZ PAY Services availability is subject to the maintenance of a mobile phone handset and other application on which Services run and the Customer is solely responsible for all liability arising from the unavailability of Services due to a mobile handset or internet service provider not supporting any IGINDIABIZ PAY Services channel or application.
5. You must ensure the availability of sufficient funds before executing any Transaction from your IGINDIABIZ PAY Services.

• You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of IGINDIABIZ PAY Services. In case the Password is lost or misplaced, you shall promptly inform IgindiaBIZ by calling at the customer care numbers where after the Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone/ SIM card associated with your IGINDIABIZ PAY Services is lost/stolen/misplaced/ no longer in your control; you shall promptly inform IgindiaBIZ. IgindiaBIZ will upon receipt of such information block the relevant account.

1. You shall intimate IgindiaBIZ about change in your address, if any, in writing along with such proof of address as per the KYC documents.
2. You shall not use IGINDIABIZ PAY Services for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, IgindiaBIZ policy or public policy or for any purpose that might negatively prejudice the goodwill of IgindiaBIZ.
3. You acknowledge and understand that IGINDIABIZ PAY Services are linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/ theft / misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider, in respect of the Services.

• Information submitted by you for availing IGINDIABIZ PAY Services and/or information submitted while using IGINDIABIZ PAY Services may be shared with third parties by IgindiaBIZ, inter alia, to facilitate the provision of IGINDIABIZ PAY Services.
• You shall ensure that the Services are not used for Transactions in foreign currency. IGINDIABIZ PAY Services is issued & shall be valid only in India and shall be used at Merchant Establishments only in India.

1. Without limiting the foregoing, you agree that you will not use the IgindiaBIZ Site to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; Infringes any patent, trademark, copyright or other proprietary rights; contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its web-sites, any software or hardware, or telecommunications equipment; Advertises or offers to sell any goods or services for any commercial purpose; is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material; Violates any law for the time being in force; Belongs to another person to which you do not have any right to; Interferes with or disrupts IgindiaBIZ’s websites, servers, or networks; Impersonate any other person; Harm minors in any way; Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate your presence on its websites; Engage in any illegal activities; Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence, or prevents the investigation of any offence or insults any other nation.
2. You shall not misuse, rent, lease, assign, or otherwise transfer the IGINDIABIZ Pay services to any other Person. You may not alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from or included in the IGINDIABIZ Pay services/System. All rights, title and interest to the IGINDIABIZ Pay services are owned exclusively by IgindiaBIZ.
3. You will only use the IGINDIABIZ Pay services for your own purposes and not on behalf of any other person or entity;

• You and all payments initiated by you will comply with all laws, rules, and regulations; and you will not use the IGINDIABIZ Pay, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the functionality of the IGINDIABIZ Pay services.
• You will not breach these Terms or any other applicable terms or policies;
• You will not engage in illegal or fraudulent activities. You will not engage in transactions involving illegal goods, including but not limited to counterfeit goods, stolen goods, illegal or controlled substances, and substances that pose a risk to consumer safety, counterfeit services, illegal gambling, and money laundering, purchase, sale, or exchange of Virtual Currency, or provide a Virtual Currency marketplace or exchange;

1. You will not attempt to receive or actually receive duplicate compensation for a disputed payment from the Merchant, IgindiaBIZ, and/or your bank; or

• You will not engage in activity that indicates, in IgindiaBIZ’s sole discretion, that there may be a high level of risk associated with you, or your Account activity. The use of any IGINDIABIZ Pay that has connectivity to the Internet or any external network poses an increased risk, and you assumes all liability for such increased risks.
• You will fully cooperate with IgindiaBIZ in complying with the laws.
• You shall liable for data security breach and credit card information if you fail to protect the data and information. You shall protect your data.
• You must vigilantly comply with all applicable law, including, without limitation to, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made thereunder and any other law for the time being in force, and shall not do, or omit to do, any act that will cause IgindiaBIZ to be in breach of any such applicable law. If you breach the terms of this agreement, you shall indemnify us against any costs claims and liabilities arising as a result of the breach.

1. You shall not, fraudulently or dishonestly, make use of the electronic signature, password or any other unique identification feature of any other person and shall not misuse communication device or computer resource of IgindiaBIZ, without its permissions, and further use the said devices for cheats by personation.
2. REFUNDS POLICY

IgindiaBIZ shall process a refund, when a valid authorization and presentment was previously processed and the Users subsequently either cancelled the transaction or returns the goods, or wishes to refund the amount in cases of services not rendered, or to rectify any transaction processing error, or services/goods is not delivered within prescribed period of your completion of the transaction, then you may inform us by sending an email to our customer services email address mentioned on the Contact Us page, containing the complete details of the said disputed transactions such as date, time, order/transaction numbers, account number etc..

For processing a refund, the users shall present a refund request to IgindiaBIZ along with all the required detail to identify the previously authorized and settled transaction and IgindiaBIZ shall process the refund within 5 (Five) working days from the date the refund request is received. The refund request must describe the failed / returned / rejected / cancelled transactions or merchandise were returned, services cancelled or adjustment made.

The funds have to be credited back to the same source from where these were received, and not by cash or any other mode. In case of any users’ complaint regarding non- refund for failed transactions and/or non-credit for successful transactions shall be dealt by the Bank. Any complaint about credit not being given to Users should be dealt with conclusively and bilaterally by the remitting and beneficiary banks as per its Policy.

Note: IgindiaBIZ is not responsible for any wrong purchase or recharge for an incorrect mobile number or DTH account number or fund transfers in an incorrect bank account or any unauthorised payment by users. You are sole responsible for the accuracy, authenticity of information pertaining to the goods/services or the payment credentials while using the IGINDIABIZ Pay Services.

11. SECURITY AND UNAUTHORISED PAYMENTS
12. We give you the opportunity to choose a password to gain access to the IGINDIABIZ Pay Services itself or to various features within the IGINDIABIZ Pay Services. As long as the correct Password is entered (or if you elect not to use a Password), we will assume that you are the person giving instructions and making payments or fund transfer and you will be liable for them. You must therefore choose a secure Password that is not easily guessed by another person, keep the Password is secret and make sure that it is not stored in a way that enables others to access it or impersonate you. In addition, for the avoidance of doubt, if you disclose the Password to any person whom you authorise to access the IGINDIABIZ Pay Services, you are also responsible and liable for any access, use, misuse or disclosure of your Password by such person.
13. If you become aware of a payment being made via the IGINDIABIZ Pay Services that was not authorised by you or if you lose the device on which the IGINDIABIZ Pay is installed, disclose your Password to a person unauthorised by you, or believe that someone else can use the IGINDIABIZ Pay by impersonating you, you should inform us immediately and we will disable the payments feature of the IGINDIABIZ Pay until you re-enter your payment card details in the IGINDIABIZ Pay. Unless and until you provide such notice:
    1. you will be responsible for any instruction which we receive and act on, even if it was not given by you; and
    2. we will not be responsible for any unauthorised access to confidential information about you in the IGINDIABIZ Pay.

• We can refuse to act on any instruction including where we believe an instruction: (i) was unclear; (ii) was not given by you; or (iii) might cause us to breach a legal or other duty; (iv) if we believe the IGINDIABIZ Pay is being used for an illegal purpose; or (v) may harm our reputation.

1. You agree to fully cooperate with us, affiliates, payment gateway service providers, Banks, merchants, regulatory authorities and the police where you or we suspect there have been Unauthorised Payments in respect of the IGINDIABIZ Pay Services.
2. OUR OBLIGATIONS
3. When you use the IGINDIABIZ Pay Services, we are acting as an intermediary to assist you in concluding the purchase of goods or services from participating merchants or to make the payment successful to the recipient . When you purchase goods or services from participating merchants, the contract for the sale of those goods or services will be between you and the merchant.
4. You understand and agree that the IgindiaBIZ shall not be responsible for the outcome of your transactions with external merchants via the IGINDIABIZ Pay Services. We do not have control, nor shall we be liable for, the legality of, or the use of, the goods and services that are paid for using the IGINDIABIZ Pay Services.

• IgindiaBIZ shall not be responsible for any fraudulent transaction by any person in any manner whatsoever.

1. IgindiaBIZ shall not be responsible for any chargeback, refunds or cancellation of products or services.
2. IgindiaBIZ will take adequate encryption and security measures to maintain the data secured generated and it shall maintain high standards in relation to providing secure services to you.
3. IgindiaBIZ is not responsible for any non-performance or breach of any contract entered into between you and Merchants. IgindiaBIZ cannot and does not guarantee that the concerned Merchants and/or You will perform any transaction concluded via IGINDIABIZ Pay, IgindiaBIZ shall not and is not required to mediate or resolve any dispute or disagreement between Merchants and You.

• IgindiaBIZ is only providing a platform for the purposes of transaction 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 Merchants. At no time shall IgindiaBIZ hold any right, title or interest over the products nor shall IgindiaBIZ have any obligations or liabilities in respect of any transaction between you and Merchants. IgindiaBIZ 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.
• It is the responsibility of you and the relevant Merchants, not us, to resolve any dispute or claim raised by you relating to any payments or fund transfer made via the IGINDIABIZ Pay Services. We may, however, initiate a refund if (a) a payment made via the IGINDIABIZ Pay Services is reversed by a court, regulatory authority or other third party acting in accordance with applicable law, (b) we, in our sole and absolute discretion, accept or have reason to believe that a payment was not authorized by you, or (c) a payment is allegedly unlawful, suspicious, or in breach of this Agreement. Where you have a dispute with Merchants, we will provide information we hold, which may assist resolution and otherwise attempt to assist you as far as we consider practicable. We may charge you an administration fee to cover our reasonable costs of providing any such assistance.

1. IgindiaBIZ is as an independent entity under the terms and conditions of this Agreement. IgindiaBIZ has no relationship with Merchant. You alone shall be responsible and neither IgindiaBIZ nor the Bank or anybody connected to IgindiaBIZ shall have any responsibility or liability. IgindiaBIZ is neither concerned nor required to monitor in any manner the use of the payment or fund transfer modes by you. You should be required to use the payment modes at their sole option and risks.
2. CONSENT TO COMMUNICATIONS AND TRANSACTIONS:

By registering to use of IGINDIABIZ Pay Services, you consent to conduct transactions and receive communications, notices and information from us electronically or otherwise, whether sent by e-mail or other means. Communications shall be deemed to have been received by you when we send the communication to the email address/mobile number that as per our records, or when we post the communication on IgindiaBIZ website. You can withdraw your consent at any time by contacting us, but we reserve the right to terminate your account upon such withdrawal. Withdrawal of your consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received. You agree to notify us promptly if your email address or other contact information changes by updating your account information or contacting us.

14. YOUR USE OF OUR INFORMATION

Except for Posted Information that you submit, all of the information available on or through the Services and/or the Website, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent and trade secret laws, other proprietary rights and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain IgindiaBIZ’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Website in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in the Website and the Services not expressly granted by us to you are retained by IgindiaBIZ.

15. TERMINATION/SUSPENSION OF SERVICE
16. We may suspend or terminate your access to the IGINDIABIZ Pay Services without notice where it is reasonable for us to do so and specifically if: (i) for any reason we decide to discontinue to provide the IGINDIABIZ Pay, (ii) we believe that you have breached any of the terms of this Agreement, (iii) your use of the IGINDIABIZ Pay has been in any way improper or breaches the spirit of this Agreement, (iv) we reasonably believe use of the IGINDIABIZ Pay may be at risk of fraud or misuse; (v) our information technology infrastructure has failed, is experiencing outages or requires maintenance; or (vi) ordered or recommended to do so by the security services, court or a relevant regulatory authority.
17. IgindiaBIZ reserves the right to suspend/discontinue IGINDIABIZ PAY Services to you at any time, for any cause, including, but not limited, to the following-
    1. For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the terms and conditions mentioned in this document
    2. For any suspected discrepancy in the particular(s), documentation or registration Form provided by you;
    3. To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure reasons etc;
    4. If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons.
    5. If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
    6. If the mobile connection with which your IGINDIABIZ PAY Services is related ceases to be operational or in your possession or control.
    7. If IgindiaBIZ believes, in its reasonable opinion, that cessation/ suspension is necessary.
    8. THIRD PARTY INFORMATION ON THE WEBSITE
18. As some information appearing on the Website is provided to IgindiaBIZ by third parties, IgindiaBIZ will have no liability in respect of any loss or damage arising from third party information which appears on the Website, including the manner in which the information is displayed or information which may be: Out of date; Inaccurate; Duplication; Impersonation by a person to be another person.
19. All dealings and communication arising from IgindiaBIZ’s facilitation of interaction between Merchant and users will be between the Merchant and users only and IgindiaBIZ is not responsible in any manner for any communication between the users and the Merchant, and has no liability in respect of such dealings whatsoever. IgindiaBIZ is not an agent for any of the Merchants listed on this Website and IgindiaBIZ has no responsibility for and no liability whatsoever in respect of the conduct of a Merchant or quality of service provided by a Merchant.
20. ADDITIONAL T&Cs
21. When you acquire goods, software or any other services from a Merchant Establishment through any of IgindiaBIZ’s Services, you understand and agree that, IgindiaBIZ is not a party to the contract between you and the Merchant Establishment. Furthermore, IgindiaBIZ is under no obligation to monitor the Merchant Establishment’s service used by you; the Merchant Establishment alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant Establishment must be directly resolved by the Customer with the Merchant Establishment. It is clarified that IgindiaBIZ shall not be responsible or liable for any deficiency in goods and/or services purchased using IGINDIABIZ PAY Services. This exclusion of liability shall apply even for goods and/or services made available by IgindiaBIZ under promotional schemes. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.
22. Any amount transferred erroneously by the Customer to any Merchant Establishment shall not be refunded to the Customer by IgindiaBIZ in any circumstances.

• In the event of any dispute, IgindiaBIZ records shall be binding as the conclusive evidence of the Transactions carried out through use of IGINDIABIZ PAY Services.

1. IgindiaBIZ shall send all customer communications by SMS and/or email/link and the SMS/link/email shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator.
2. You agree to receive all commercial message including transactional messages from IgindiaBIZ.
3. DISCLAIMER:
4. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE PLATFORM/NETWORK AND SERVICES OFFERED. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.
5. THE IGINDIABIZ PAY SERVICES IS PROVIDED “AS IS” “WHERE IS”, “WITH ALL FAULTS” BASIS. WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SATISFACTORY QUALITY, FITNESS FOR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICE OFFERED THROUGH THE IGINDIABIZ PAY.

• WE MAKE NO WARRANTY THAT THE OPERATION OF THE IGINDIABIZ PAY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS ,OR REPRESENT THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS THEREIN.

19. LIMITATION OF LIABILITY:
20. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER IGINDIABIZ, NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO USERS OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERMS, THE SITE OR THE OFFERINGS, EVEN IF ANY OF SAID PARTIES HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
21. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO INR ONE HUNDRED (INR 100).
22. INDEMNITY: You agree to indemnify, defend and hold IgindiaBIZ and/or related parties harmless from any and all claims, losses, damages, and liabilities, penalty, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to your use or misuse of the IGINDIABIZ PAY Services, any breach of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you.
23. COMPLIANCE WITH LAW: IgindiaBIZ shall comply with the laws as applicable for the time being in force.
24. CONFIDENTIALITY: You specifically agree that in order to facilitate the provision of IGINDIABIZ PAY Services, IgindiaBIZ may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise.
25. INTELLECTUAL PROPERTY RIGHTS:The IgindiaBIZ hereby grants you the non-exclusive, non-transferable right to use our IGINDIABIZ Pay services in accordance with this Agreement. We, or our licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (“IP Rights”), in and to the website, the Usage Data or IGINDIABIZ Pay services. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the Site, the Platform or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the IGINDIABIZ Pay to create a competing product. You hereby acknowledge that by using the IGINDIABIZ Pay services, you obtain no rights in the software, trademarks or content related to the IGINDIABIZ Pay and you may only use the same in accordance with this Agreement. Unauthorized use is strictly prohibited. All rights are expressly reserved to IgindiaBIZ.
26. SYSTEM COMPLAINTS AND DISPUTE RESOLUTION:For Redressal of disputes/complaints you can email to us at igindiaBIZpaydisputes@igindiaBIZ.com, with brief details of your complaint or call on our hotline No. 8888888888. Our customer service staff will acknowledge and redress your complaint on best effort basis.
27. ARBITRATION:Any dispute or difference which may arise at any time between the parties, as to the construction, meaning or effect of, or, as to any clause, matter or things contained herein, or as to the rights or liabilities of the parties under this Agreement, shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed, at the sole discretion, by IgindiaBIZ. Arbitration shall be held at Mumbai, India. The proceeding of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. The parties irrevocably agree that the Agreement shall be governed by and construed in accordance with the laws of India and the courts of Mumbai, India, shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement and waive any objection to such personal jurisdiction based on forums non-convenience or any other basis.
28. FORCE MAJEURE:IgindiaBIZ shall not be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by technical issue, server malfunction, war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, web space or website by way of hacking, virus prone, defacement, stoppage of display or transmission of the website/app of IgindiaBIZ, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control.
29. GENERAL:
30. We reserve the right to modify or terminate the IGINDIABIZ Pay Services at any time, without notice, and we will not be liable to you as a result of any such action.
31. IgindiaBIZ shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates group companies.

• This Agreement constitute the entire Agreement between Merchant and the IgindiaBIZ pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the parties.

1. The Parties to this Agreement are independent contractors and nothing in this Agreement shall make them joint ventures, partners, employees, agents, associates, affiliates or other representatives of the other party hereto.
2. To the maximum extent permitted by law, you waive, release, discharge and hold harmless IgindiaBIZ, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Platform/ IGINDIABIZ PAY Services.
3. If any provision of this Agreement is determined to be unenforceable for any reason, then the remaining provisions hereof shall remain unaffected and in full force and effect.

• No variation or amendment to this Agreement shall bind either party unless made in writing and signed by the duly authorized persons/officers of both the parties.
• In this Agreement and unless otherwise stated, “we”, “us” or “our” refers collectively to the IgindiaBIZ and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.

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

This Reseller Terms (“Contract”) is entered between IgindiaBIZ , a firm having its regional office at 10, Adi Banstalla, Barabazar, Kolkata-700007 and You, (hereinafter referred to as “You” or “Reseller”). You confirm that by providing the Reseller Services you indicate your acceptance of all terms and conditions of this Contract that are binding, the terms has been clearly read, understood and accepted by you. We reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It’s your responsibility to review these Terms periodically for updates/ changes. Your continuation of services following the posting of changes will mean that they have accepted and agreed to the revisions.

1. DEFINITIONS:

(i) ‘Reseller’ – means any business entities, adult individuals, professionals who have paid registration fees and have agreed to perform the Reseller services on the terms as specified in this Reseller Contract.

(ii) ‘Sub-Reseller’ – means any business entities, adult individuals, professionals to whom Reseller has explained the Terms of this Reseller Contract and they have shown their interest in providing services as mentioned under this Contract along with paying registration fees. For the purposes convenience, “Reseller and Sub-reseller” shall be collectively referred as “RESELLER”.

(iii) ‘Referrer’ – shall mean a non-defaulter person having valid and active id in his/her name, has referred another adult individual to become a Reseller on the terms specified under this Contract.

(iv) ‘Vendor’ – shall means any business entities, adult individuals, professionals or any service providers/product sellers to whom Reseller has explained the Terms of Services as available https://www.igindiaBIZ.com/Terms-of-Use and that business person after knowing the Terms of Services has shown interest in availing services from IgindiaBIZ.

(v) ‘Paid Services’ – means Listing services or any other services offered by IgindiaBIZ are subscribed by the Vendors by making the requisite payment for services to IgindiaBIZ, after having the complete understanding of Terms of Service available at https://www.igindiaBIZ.com/Terms-of-Use from the Reseller.

(vi) ‘Contract Value’ means the complete payment made by the Vendor which is received by IgindiaBIZ in its bank account, before the activation of the services by IgindiaBIZ.

(vii) ‘Vendor’s Data’ shall mean any Vendor’s Business details such as the business name, contact person, address, telephone number, mobile number, toll free number, email id, website, facsimile number, categories of service or products, any documents such as id address proof, categories, pin codes etc. made available by the Vendor to IgindiaBIZ through Reseller are validated/verified as correct, genuine and existing by the Reseller.

(viii) ‘Duplicate Contract’ shall mean the contract of those Vendors/Business entities who is availing paid services from IgindiaBIZ or has taken paid services during last 60 (Sixty) days.

(ix) ‘Genio Lite Module’ b> shall mean the software module link using which Reseller shall enter Vendor’s data and collect the payment/Contract Value from Vendor. This module will also maintain the records of non-paid Data/Listing created by Reseller, details of the packages/services to be sold by Reseller, details of payment collected by Reseller from Vendors for providing Paid Services and any other features as developed by IgindiaBIZ from time to time.

(x) ‘Confidential Information’ means all information including but not limited to information disclosed to the Reseller by IgindiaBIZ or Vendor, and any such information that the Reseller has access to, or comes into possession of during the term of this Contract. Confidential information would include, but not be limited to information available on the IgindiaBIZ’s proprietary database software application, the database of names and addresses and other directory information compiled by IgindiaBIZ at significant cost and effort, the method of categorizing of directory data adopted by IgindiaBIZ, the personal or any information of Vendors, personal / business data and information including but not limited to the IDs and passwords made available to the Reseller by IgindiaBIZ to access the proprietary software of IgindiaBIZ, the data available to the Reseller through the proprietary software of IgindiaBIZ, the information regarding potential Vendors, business plans of IgindiaBIZ, bank account/financial details, discoveries, ideas, concepts, know-how (whether patentable or copyrightable or not), research, development, designs, drawings, blueprints, diagrams, models, samples, flow charts, data including Customer data, computer programs, disks, diskettes, tapes, algorithms, software programs, marketing plans or techniques, technical, pricing, financial, or business information” trade secrets which includes but is not restricted to any portion or scientific or technical or proprietary information, design, process, procedure, formula or improvement which is not generally available to the public and any other information, which by its nature and circumstance of its disclosure has the right to be treated as Confidential.

(xi) ‘Membership ID’ means the unique digit number allocated by IgindiaBIZ to the Reseller which the Reseller shall quote in all correspondence with the IgindiaBIZ.

(xii) ‘Source’ – shall mean the means source based on which the Vendor’s data is collected, edited and uploaded by Reseller in the Genio Lite Module of IgindiaBIZ.

2. SERVICES

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

3. ELIGIBILITY CRITERIA
4. At the time of entering into this Contract, you must be at least 18 years of age and should be able to provide your own id/address proof and other documents as requested by IgindiaBIZ from time to time. Your account registration requires you to submit to IgindiaBIZ certain personal information, such as, (i) your personal details (i.e. Name, Current Address, Permanent Address, mobile phone number and age etc (ii) Address cum Identification Proof (i.e. KYC documents) and (v) Bank Details or any other documents as an when requested by IgindiaBIZ. For the purpose of clarity, KYC documents include, (1) the passport; (2) the driving licence; (3) Voter’s Identity Card issued by the Election Commission of India; (4) Copy of Aadhar Cards; (5) Job card issued by NREGA duly signed by an officer of the State Government; (6) letter issued by the National Population Register containing details of name and address; along with PAN Card.

(ii) You hereby confirm that you can form legally binding contracts under Indian Contract Act, 1872. You are not “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc.

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

(i) The Reseller shall discharge the following responsibilities with complete skill and diligence. The Reseller shall at all time work diligently to promote the products and services offered by IgindiaBIZ and protect the interests of IgindiaBIZ.

(ii) Reseller shall take proper training as updated in the Genio Lite Module and IgindiaBIZ website and as provided by IgindiaBIZ from time to time.

(iii) Reseller confirms that he/she will meet the Vendor (owner of the business/listing) at the address given in the listing and will ensure that the details/documents provided by the Vendor are correctly captured in the Genio Lite Module.

(iv) Reseller confirms that the Vendor’s Data and its source is validated/verified and always be correct and complete in every manner and it will be correctly uploaded in the Genio Lite Module of the Company. Reseller undertakes that he/she should not submit any incorrect information or unverified documents in the Genio Lite Module of the Company.

(v) The Reseller shall market IgindiaBIZ Services and enlist Vendor’s, for the products/services as made available by IgindiaBIZ in Genio Lite Module or as instructed by IgindiaBIZ from time to time.

(vi) Reseller shall ensure that the list of documents, including relevant documents (related to id, address, business proofs etc).and clear visible geo-coded photo of the vendor and its business establishment,) and Contract Value as provided in Genio Lite Module is collected by Reseller.

(vii) The Reseller shall be responsible to ensure that the prescribed Vendors documentation is duly completed in all respects and uploaded in the in the Genio Lite Module of the Company. Also, applicable terms and conditions available at https://www.igindiaBIZ.com/Terms-of-Use are explained in the vernacular language to the Vendor. Reseller on receiving the payment from Vendor via Genio Lite Module (or other means as prescribed by IgindiaBIZ) confirms that he/she has collected relevant documents, verified it as existing & correct and has also explained the applicable terms and conditions, which is accepted by Vendor without any demur and protest. The Reseller shall not be eligible for any commission on any Paid Services wherein the Reseller has not fulfilled the terms as mentioned in this Contract, irrespective whether IgindiaBIZ is providing any product or services to that Vendor or not.

(viii) The Reseller understands and agrees that IgindiaBIZ has the sole discretion to provide Services to Vendors and has the liberty to refuse any Paid Services to Vendors entered by the Reseller which are not as per applicable terms and conditions of the Contract.

(ix) Reseller confirms that subject to compliance of other terms, he/she will be eligible for payment of commission on Paid Contact only when the contract value is received from the Vendor and has been realized/encashed by IgindiaBIZ.

(x) The Reseller shall be solely responsible at its own cost for obtaining all necessary approvals, sanctions, permissions and licenses for providing the Service, under these Terms, from Municipal, Local or Government Authority or any other Authority/party as may be required from time to time.

(xi) Reseller shall always quote the Reseller’s Membership Id when logging in and/or submitting the details related to Vendor’s Paid Services to IgindiaBIZ and in all other correspondence with IgindiaBIZ.

(xii) If Reseller has any doubt with respect to Reseller’s obligations under this Contract and the manner to discharge the said obligations, or related to Reseller program, training module, earning process, applicable terms and conditions to Reseller and to the Vendors, then Reseller shall have the duty to get the clarifications from IgindiaBIZ’s authorized representative in respect of such doubts by sending email at geniohelpdesk@IgindiaBIZ.com and giving the Membership Id and other necessary details necessary for indentifying the queries raised by Reseller.

(xiii) It shall be the responsibility of Reseller to keep confidential the Membership Id and the username and password provided to Reseller by IgindiaBIZ for accessing the Genio Lite Module. Reseller shall immediately inform IgindiaBIZ of any breach of this sub clause. IgindiaBIZ may, in its sole discretion, terminate this Contract for any breach of this sub clause and also claim damages for any losses which IgindiaBIZ might have incurred due to the misuse and/or breach of the Link.

(xiv) Reseller shall adhere strictly to the representations and warranties and obligations of non-compete, confidentiality and intellectual property as prescribed under this Contract.

(xv) Reseller hereby confirms that any dispute which arises between the parties in relation to the Vendor’s data, terms of this Contract and any other matters, IgindiaBIZ’s decision will be final and binding on Reseller.

(xvi) Reseller confirms that the data and information captured by Genio Lite Module shall prevail and be binding on You at all times.

(xvii) Reseller undertakes not to cause or permit anything which may damage or endanger the Intellectual Property Rights or title or assist or allow others to do so. Reseller undertakes to take such reasonable action as IgindiaBIZ may direct in relation to such infringement.

(xviii) Reseller undertakes to compensate IgindiaBIZ for any use of the Intellectual Property Rights and/or to indemnify IgindiaBIZ for any liability incurred to third parties for any use of the Intellectual Property Rights, otherwise than in accordance with this Contract.

(xix) Reseller undertakes, on the expiry or termination of this Contract forthwith, not to use the Intellectual Property Rights or access/use Genio Lite Module of IgindiaBIZ.

(xx) Reseller acknowledges that any goodwill or reputation for the Service or Vendor Data generated by the Reseller under this Contract will belong to IgindiaBIZ and upon termination of this Contract for whatever reason the Reseller shall not be entitled to claim any compensation, in any manner whatsoever.

(xxi) Reseller not cause to be done any act/representation/omissions which results to loss of goodwill and damage to the reputation to IgindiaBIZ.

(xxii) Reseller agrees not to (directly or indirectly) (i) access, monitor or copy any content or information of IgindiaBIZ using any robot, spider, scraper or other automated means or any manual process for any purpose; (ii) violate the restrictions in any robot exclusion headers on IgindiaBIZ or bypass or circumvent other measures employed to prevent or limit access to IgindiaBIZ.

(xxiii) Reseller has obtained all licenses, clearances, permissions, approvals or consents from any third party or any regulatory or government body which are required by applicable law or regulations, to execute the business/services of this Contract

(xxiv) Reseller shall be solely responsible for the all the costs related to registrations, licenses and other costs related to compliance directions / orders, guidelines / formalities issued by DOT and Telecom Service Providers related to the responsibility of the Reseller and Reseller shall also be responsible for the payment of penalties, charges and compensations imposed by DoT, Service Provider or any competent authority or courts for non compliance of the said directions / orders, guidelines / formalities as stated in clause and shall have no recourse against the IgindiaBIZ for the same.

(xxv) Reseller shall be solely liable for all acts and omissions of Reseller’s personnel, whether employees, consultants, agents, subcontractors or otherwise, and whether or not engaged by the Reseller in violation of these Terms.

(xxvi) The Reseller shall carry out all directions and instructions as IgindiaBIZ may issue from time to time.

(xxvii) The Reseller shall not give any warranty to the Vendor in respect of any of the Services without the written authority of IgindiaBIZ.

(xxviii) Reseller agrees that it will not sell, license, lease, rent, transmit, or otherwise distribute or transfer any Vendor’s data/information in any manner to third parties, save as is expressly permitted otherwise in this Contract.

(xxix) Unless otherwise provided in this Contract, during the term of this Contract Reseller shall establish and maintain safeguards against the destruction, loss or alteration of Data/information in its possession and Reseller will ensure that it will take all reasonable security practices to avoid any cyber-attacks. Reseller will neither transmit nor send Data nor will it allow Data/information to be accessed by third party.

(xxx) All Data provided by the Reseller is and will remain the property of the IgindiaBIZ. IgindiaBIZ will have all right, title and interest, including ownership of the said data, and all copies made from it. Except as set forth herein, without IgindiaBIZ’s approval (in its sole discretion), Data shall not be (i) used by Reseller or its agents other than in connection with providing the Services, (ii) disclosed, sold, assigned, leased or otherwise provided to third parties by Reseller or its agents or (iii) commercially exploited by or on behalf of Reseller.

(xxxi) Reseller shall promptly correct any errors or inaccuracies in the Vendor’s Data to the extent such errors or inaccuracies were caused by Reseller.

(xxxii) Reseller confirms that IgindiaBIZ do not provide any business/income guarantee to Vendor or to Reseller in any manner.

(xxxiii) Reseller will not “cyber-squat” over and/or otherwise compete with IgindiaBIZ’s Keywords including but not limited to IgindiaBIZ, IgindiaBIZ.com, IgindiaBIZ services, IGINDIABIZ, IGINDIABIZ.com thereof on Google Ad words or other media (online or offline) in any manner whatsoever.

6. Data Verification
7. Reseller shall conduct independent verification, by contacting the Vendors or any third party, to verify the correctness and accuracy of Vendor’s Data/documents before entering any information/data in the Genio Lite Module.
8. The Reseller shall be responsible to ensure that the prescribed documentation is duly completed in all respects and Contract Value is collected from Vendor for providing Paid Services,, after explaining them about the applicable terms and conditions of the services as available on https://www.igindiaBIZ.com/Terms-of-Use including but not limited to ECS process, Duration, listing features, no business guarantee etc..
9. The Reseller shall not be eligible for commission on any Duplicate Contract and any on Paid Services wherein the Reseller has not obtained duly verified and necessary documentation outlined above, even if IgindiaBIZ opts to supply the Services to the Vendor.
10. IgindiaBIZ may conduct the audit/verification on the Vendor’s data submitted by Reseller from time to time and if Reseller fails in the Audit/verification process then IgindiaBIZ reserves the right to forthwith terminate this Contract with Reseller.
11. Reseller shall be obligated to collect Vendor’s documents or carry out any other verification by contacting Vendors, as communicated by IgindiaBIZ from time to time.
12. IgindiaBIZ may in its sole discretion impose upon Reseller any amount of penalty for any non-compliance of any terms of this Contract.
13. Commission
14. IgindiaBIZ shall pay the commission on the Contract Value /Registration Fees as communicated to Reseller/Sub-Reseller via Genio Lite Module or in email or through any other mode from time to time subject to the complete compliance by Reseller of the terms and conditions stipulated under this Contract.
15. Reseller shall be entitled to receive commission only if the entire contract value/ Registration Fee are received by IgindiaBIZ in its bank account and no chargeback or refund request is received by IgindiaBIZ at any point in time. In the event if any chargeback or refund request is received by IgindiaBIZ then Reseller/Sub-Reseller shall not be entitled to receive any commission. However, if any chargeback or refund request is received after the commission is transferred to Reseller/Sub-Reseller, then IgindiaBIZ will have full right and absolute discretion to deduct or recover the commission amount paid by IgindiaBIZ to Reseller/Sub-Reseller.
16. Reseller agrees that for the purposes of calculation of commission, the taxes and other cost will be excluded from the Contract Value/Registration Fees.
17. Reseller agrees that IgindiaBIZ has exclusive right to decide fees/commission percentage or registration fees from time to time and it may be changed at any time by sending a communication to Reseller.
18. All payments to the Reseller, Sub-Reseller, shall be subject to deduction of taxes at source or other applicable taxes and charges. Payments to Reseller are inclusive of all taxes, duties and charges. Each party shall be responsible for it own applicable taxes.
19. IgindiaBIZ shall make the monthly payment of undisputed commission (as calculated and shown in Genio Lite Module) to the Reseller which may be subject to completion of the verification/Audit process by IgindiaBIZ. In the event of any dispute in relation to commission, then Reseller shall escalate to IgindiaBIZ within 2 (two) days of the receipt of monthly commission from IgindiaBIZ. In the event of Reseller has not raised any dispute within 2 (two) days then the commission related dispute will not be entertained by IgindiaBIZ in any manner.
20. Notwithstanding the above provisions, IgindiaBIZ may at any time recover the Commission or any other sums paid to Reseller if it comes to the knowledge of IgindiaBIZ that the Vendor’s Data is incorrect or not verified. IgindiaBIZ may recover the Commission and other sums by either deducting the sums from any dues payable to the Reseller subsequently or such other means it deems fit.
21. REPRESENTATION AND WARRANTIES
22. Reseller represents and warrants that Reseller shall perform the Services with professional skill and diligence.
23. It has all requisite power and authority to execute, deliver and perform its obligations under this Contract and has been fully authorized by all requisite corporate actions to do so.
24. It shall comply at all times, with all laws, industry codes, applicable standards or other regulations or directions issued under the law time being in force And as amended. It shall comply with such provisions of Information Technology Act 2000 as amended by the Information Technology (Amendment) Act 2008 and rules and regulations made thereunder.
25. Reseller is adequately equipped and competent to provide the Services in a professional and efficient manner.
26. CONFIDENTIALITY:
27. Reseller shall ensure that any information shared by IgindiaBIZ, irrespective of whether such information pertains to IgindiaBIZ or any third party, under this Contract shall be kept confidential at all times. Without limitation, confidential information shall include the terms of this Contract, Access, contents of the Database to which Reseller may have access while entering Vendor’s Data in the Genio Lite Module, the guidelines annexed thereto. Reseller as per the requirements of IgindiaBIZ will either destroy or return all the confidential information to IgindiaBIZ within 30 (Thirty) days from the expiry or the early termination of this Contract. The obligations contained in this shall survive the termination of this Contract.
28. In the event Reseller discovers a breach or potential breach in security relating to Data or unauthorized possession, use or knowledge, or attempt thereof, of Data, Reseller shall immediately (1) notify the affected IgindiaBIZ and furnish to the IgindiaBIZ the details of the security breach or unauthorized possession, use or knowledge, or attempt thereof, of Data; (2) assist IgindiaBIZ in investigating, curing, or preventing the recurrence of any security breach or unauthorized possession, use or knowledge, or attempt thereof, of Data; (3) cooperate with IgindiaBIZ in any litigation and investigation against third parties deemed necessary by IgindiaBIZ to protect its rights; and (4) provide the assurance satisfactory to that such breach or potential breach will not recur.
29. NON-COMPETE

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

11. No representations

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

12. Term, Renewal and Termination
13. i) Effective Date: These Terms shall be effective from the date on which signup process is initiated by Reseller on Genio Lite Module (the “Effective Date”).
14. ii) Term: The term of this Contract shall commence from the effective date and shall be valid for minimum 12 (twelve) months. This Contract can as per the provisions specified in Clause 12. In the event the Contract is not terminated, it shall be automatically renewed for subsequent periods unless otherwise terminated by the parties with written notice of 1 (One) month during the term of this Contract.

iii) Termination for cause: Notwithstanding anything contained herein, IgindiaBIZ shall be entitled to terminate this Contract at any time, without any notice under the following circumstances (i) if the performance of the Reseller is found unsatisfactory, (ii) if the Reseller fails to function/operate properly as per the guidelines and policies intimated from time to time by IgindiaBIZ (iii) if the Reseller breaches any of the provisions of these Terms; (iv) if the Reseller is unable to pay debts/penalty/refunds when due, (v) if the Reseller makes any assignment or composition for the benefit of creditors, (vi) if the Reseller has appointed or suffers the appointment of a receiver or trustee for its business, property or assets, (vii) if the Reseller files or has filed against it any petition under the bankruptcy or insolvency laws that is not finally decided within 60 days of such filing or (viii) if the Reseller is adjudicated bankrupt or insolvent (ix) if any third party files complaints against the Reseller for breach of applicable laws. x) if the vendor is raising any raising any unreasonable dispute/issues or demands xi) or any third party claims.

13. Consequences of the Expiry or Termination
14. Return of Documents and Information: Upon expiry of these Terms or earlier termination for any reason whatsoever of this Contract, You shall forthwith deliver to IgindiaBIZ, without maintaining any copies for itself, all documents and information, data including but not limited Vendor’s information, any documents, training material, literature and material containing any logos, trademarks, service marks or any other intellectual property of IgindiaBIZ and any other document which may have come to the Reseller’s possession or custody in pursuance of this Contract. The Reseller shall also return all IgindiaBIZ property including any copies of any data, trademarks, promotional material, and identity cards etc..
15. Survival of Reseller’s obligations: The obligations of the Reseller relating to the Confidential Information under these Terms shall survive the termination or expiration of these Terms.
16. Settlement of accounts: Upon the expiry of the term or termination without cause by IgindiaBIZ or Reseller in accordance with these Terms, IgindiaBIZ shall pay the Reseller all undisputed commission until the expiry or effective date of termination of the Terms after deducting such amounts as IgindiaBIZ thinks fit towards any claims that IgindiaBIZ may have against the Reseller.
17. Indemnification
18. Reseller shall defend, indemnify and hold harmless IgindiaBIZ and its directors, officers, employees, agents and affiliates, including from any third party actions / claims / demands, for all costs, expenses, and losses arising from or in any way attributable to: (i) acts and omissions of the Reseller under these Terms; (ii) breach by Reseller of any of the terms and conditions of these Terms; (iii) violation of any applicable laws by Reseller; (iv) any damage to property or bodily injury (including death) caused by the Reseller; (v) acts of fraud, misappropriation, and disclosure of Confidential Information by the Reseller vi) any claim from vendor or third party claims for reasons attributable to Reseller.
19. The Reseller hereby agrees to indemnify the IgindiaBIZ, its directors and officers from and against any and all claims, suits, actions, demands or proceedings and all related damages, losses, liabilities, cost and expenses (including but not limited to reasonable lawyers’ fees) arising out of or relating to any (i) damage, destruction, unauthorised sharing or other misuse of Confidential Information (ii) embezzlement, misappropriation or other misapplication of subscription amount received from the Vendor by the Reseller or any of its employees, (iii) violation or breach by the Reseller of any law, rules or regulations, or any term, policy or obligation under this Terms; (iv) claims made by Reseller’s personnel on IgindiaBIZ including but not limited to claims for wages, benefits or employment; (v) breach by the Reseller of its responsibilities under these Terms or a violation of the restrictions hereunder and (vi) claims made by the state or central government, or local authority in respect of non-payment of taxes or fees, for non-provision of statutory benefits by the Reseller to its personnel; and (vii) Misrepresentation to the Vendor or third parties regarding any information relating to IgindiaBIZ or the Services/products.
20. The Reseller shall not make any claim or allegation against IgindiaBIZ or hold IgindiaBIZ liable in respect of any claim, demand or action (“Claims”) made or filed by any Vendor against the Reseller. All such Claims shall be resolved solely by the Reseller at Reseller’s own cost and expense, failing which the Reseller shall indemnify IgindiaBIZ as provided for in these Terms.
21. INTELLECTUAL PROPERTY RIGHTS
22. All right, title and interest, including all intellectual property rights, in and to, in all content, trademarks, marketing collateral, forms, Vendor-related data, and in all other material handed over to the Reseller, or collected by the Reseller or to which the Reseller may have access to (“IgindiaBIZ Property”), shall absolutely vest in, and be owned by, IgindiaBIZ. No right or other license to such IgindiaBIZ Property is given to the Vendor.
23. IgindiaBIZ names, logos and all related products and service names, design marks and slogans (“IgindiaBIZ marks”) are trademarks and service marks owned by and used under license from IgindiaBIZ or its wholly-owned subsidiaries. The Reseller is not authorized to use any IgindiaBIZ Mark in any advertising, publicity or in any other commercial manner without the prior written consent of IgindiaBIZ.
24. LIMITATION OF LIABLITY

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

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