• This document is an electronic record under the provisions of the Information Technology Act, 2000 and Rules framed there under (as applicable or amended from time to time). 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 rules and regulations, privacy policy and User agreement for access or usages of the www.sulekha. com website.
• The terms " Sulekha " used in this document refers to Sulekha.com New Media Pvt Ltd, a company registered under the Companies Act, 1956 with its registered office at No. 484 & 485, Fourth Floor, Pantheon Plaza, Pantheon Road, Egmore, Chennai- 600 008, Tamil Nadu along with its subsidiaries and/ or employees and/ or directors and/ or affiliates and/ or agents and/ or representatives and/ or sub-contractors.
• The term " Platform " used in this document refers to the website (being www.sulekha.com), mobile apps and / or any other services offered / to be offered by Sulekha
• These Terms and Conditions, together with the Terms of Use, Privacy Policy, IPR Infringement Policy and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the "Agreement") between you and Sulekha in relation to your use of the Platform.
• All intellectual property which is in relation to this Platform is owned by and vests in Sulekha

TERMS OF USE

• For the purpose of this Terms of Use, wherever the context so requires, "you" or "User" shall mean any natural or legal person who has agreed to use the Platform, whether registered or not, including Users whose accounts will expire and / or stand expired. The terms "we", "us", "our" shall mean the Platform.
• PLEASE READ THE TERMS OF USE CAREFULLY BEFORE AVAILING SERVICES ON THIS PLATFORM. AVAILING SERVICES THROUGH THIS PLATFORM SIGNIFIES YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
• IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT ACCESSTHIS PLATFORM FOR ANY SERVICES.
• Acceptance of these terms is a prerequisite for usage of services in the platform. By virtue of using these services, it is deemed that you accept all and any of the terms and conditions specified in the Agreement. The Agreement constitutes the entire agreement between you and Sulekha and governs your use of the Platform's Service, superseding any prior agreements between you and Sulekha.
• This Platform is entitled to assign this Agreement, and all rights and obligations hereunder, to a successor to all or any of its assets, whether by sale, merger or otherwise. These terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
• This Platform reserves the right to update, change, modify, add or remove the terms, conditions and notices of the Agreement without any prior notice to you. It is your responsibility to periodically review the most current version of the Agreement as your continued use of this Platform signifies your acceptance of any changed terms. As long as you comply with these Terms & conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform

Introduction

Sulekha is a business Service Provider that promotes information and exchanges among its Users.

Scope of service

This Platform provides its need fulfilment platform as a service to enable its Users to connect with each other or to connect with businesses in their city. This Platform enables the Users to find Service Provider/book services. Please keep in mind that local business listings, classified ads, property ads and other elements of service need fulfilment are posted not by this Platform, but members (Users & Service Provider)s of this Platform.

You confirm that you are of legal age i.e. 18 years to form a legally binding contract with Sulekha and are not a person barred, from availing the services offered by Sulekha under the laws as applicable in India.

Sulekha requires registration for those who participate in a variety of its services. When you authenticate your email or mobile number for using the local service need platform and register as a member on this Platform, you accept the following terms and conditions:

• You agree to provide true, accurate, current and complete information.
• If, after investigation, Sulekha has reasonable grounds to suspect that any member's information is untrue, inaccurate, not current or incomplete, Sulekha may suspend or terminate that member's account and prohibit any and all current or future use of the Sulekha sites (or any portion thereof) by that member other than as expressly provided herein.
• Each member is wholly responsible for maintaining the confidentiality of account login and password information and for all activities occurring there under. Sulekha cannot and will not be liable for any loss or damage arising from a member's failure to comply with this section, including any loss or damage arising from any member's failure to: (1) immediately notify Sulekha of any unauthorised use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.
• You hereby unconditionally authorize / approve Sulekha to reserve the right to publish any and all information provided as part of this Platform registration, except email address and password to authenticate the member, to facilitate social networking among its members.

Registration

Your registration as a member of this Platform or the use of any of the features and services on this Platform either as a registered member or as an unregistered visitor constitutes acceptance of these Terms and Conditions and the Privacy Policy defined herein. These terms and conditions apply automatically to any new services and / or features introduced on this Platform.

In order to become a Sulekha member, you must first create a member account on this Platform by providing information about yourself including name, email or mobile number and your current city of residence. Sulekha may check for the validity of the email addresses or mobile numbers. You should ensure that you do not in any manner provide false and / or inconsistent and / or untrue information.

Once you provide the basic information to create an account, you will have the opportunity to provide additional information in the profile section describing your postal code, brief summary of yourself etc. Provision of this additional information beyond what is required at registration is entirely optional.

For this Platform to recognise you as a registered member, you must login with your login email and password or alternatively use Sulekha services with your registered email or mobile number. At the time of login, you will have the option to instruct the site to remember you so when you come back the next time to use this Platform, you would not have to login with your email and password.

Should you chose the Platform to remember you; you accept that cookies shall be placed onto your server computers / device.

The communication standards of the Internet industry transmit the URL of the website from which you visit this Platform, the IP address of your computer, the IP address of your ISP, various attributes of your computer such as operating system, resolution and browser software, and the date and time of your various requests for pages on this Platform. Sulekha file logging system automatically logs all of this information in its log files for its analysis.

Visitors to this Platform may also sign up with their name and email address for a variety of newsletters that this Platform produces with varying frequency without having to register. Sulekha confirms the subscription by sending an email to the email address specified before sending the newsletter.

You are advised to change your login password at regular intervals. Your password should be a combination of alphabets and at least one number and a special character. You are solely responsible for actions taken under your password, and should not disclose it to anyone else. You cannot use your password for any unauthorised purpose. Sulekha shall neither be responsible nor liable for your non-compliance with the terms of password change.

You can review the personal information you provided us and make any desired changes to the information, or to the settings for your account on this Platform, at any time by logging in to your account and editing the information on your profile page. You can also close your account through this Platform by sending your request to care@sulekha.com with your login details. Your request will be processed within 7 business days.

Your calls may be recorded to improve the service experience in the platform and for other business purposes. You hereby unconditionally authorize and / or approve Sulekha to record the calls made by you to Sulekha with respect to any services listed on this Platform. Sulekha at its discretion may delete such recording shall from its database within a period of twelve (12) months.

Further, by using Sulekha services and providing us your number, while registering for an account or receiving alerts or contacting an advertiser seller / buyer, you:

• Agree to receive a sales or service call from our employees / partner / alliances notwithstanding your registration for NDNC (National Do Not Call) registry.
• Give consent to Sulekha and its partners / vendors and sub-partners / sub-vendors to send alerts, contact details, SMS and calls related to User's action in our website to the mobile number entered by the User, irrespective of whether the same is on the NDNC list or any other such data base.

In case the User does not want to receive these messages on his / her mobile number, he / she shall not submit his / her mobile number with this Platform.

Sulekha uses certain virtual numbers and reserves the rights to display the same for contacting certain service providers. These are called User Virtual Number ("UVN"). This being the case, this Platform also holds the rights to contact those Users and Service Providers registered with the platform. The mode of contact may be through SMS / email / call, irrespective of whether the User is on the NDNC list or any other similar database.

You hereby waive your right to object and agree to not object and / or protest in relation to the same. All calls made through the UVNs between the User and the service provider shall be recorded by Sulekha for training and quality purposes including dispute resolution, service assurance, and other business purposes of Sulekha. You hereby give irrevocable consent to Sulekha for sharing the call recordings to other third parties for business purposes of Sulekha. You disclaim and / or abandon any right to sue and waive your right to object and agree to not object and / or protest in relation to any of the

These terms are to be read in conjunction with Sulekha's Privacy Policy and Sulekha' Intellectual Property Rights Infringement Policy:

• http://www.sulekha.com/collateral/privacy
• http://www.sulekha.com/collateral/collateralpolicy

Accessing & transmitting the platform's content

All text, graphics, User interfaces, visual interfaces, photographs and media of all types, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party User generated Content and this Platform has no control over such third party User generated Content as this Platform is merely an intermediary for the purposes of this Terms of Use. All the Content available for public access on this Platform is protected by copyright. Your use of the Content must therefore adhere to the following terms, unless you are the original contributor of the Content to this Platform, in which case your use is governed by the terms governing Sulekha's relationship with its contributors as covered below:

• Any downloading of Content is unauthorised and / or prohibited.
• You may not modify any Content you download or print from the Platform or make any additional representations or warranty relating to it. Any attempt to modify shall be treated as hacking.
• You may not make any Content item originating from the Platform available for public access by any means whatsoever without obtaining prior written permission from this Platform.
• You may forward Internet URLs (uniform resource locators) to third parties for private, non-commercial use, along with brief extracts that do not violate fair use guidelines.
• If any person/entity is found crawling Sulekha or the IT admin website for any commercial, business or other purposes, the same shall amount to offence and Sulekha shall be entitled to take appropriate action and claim damages, if any, as against such person/entity.
• You may post, or otherwise make publicly available, excerpts from this Platform's Content items, in any publicly accessible forum, so long as they follow standard fair use guidelines and this Platform is cited alongside the excerpt as the original source with a hyperlink to this Platform.

Contributing content to this platform

While primarily being a local service need fulfilment platform, this Platform also provides a variety of forums for its members to express themselves in the form of articles, columns, opinions, comments, reviews, art and photographs. Sulekha provides value to its contributors by making available to them its vast global audience reach.

The terms in this section apply to all the Content contributed to this Platform in any of its various services and forums and are as follows:

• You truthfully assert that the Content being contributed is your creation and that you own the copyright to the Content. Unless you have deliberately assigned the IPR including copyright to someone else, you automatically own the copyright to all of your original creations.
• Sulekha is not obliged to ensure that the Platform is available to all users at all times. While we make all attempts to deny access only to those individuals who violate this Platform's regulations, we are occasionally forced to use access denial methods that cause a disruption in access for other users.
• You truthfully assert you have not infringed on anybody else's IPR including copyright in the creation of the articles
• We are not responsible and / or liable for any loss to any visitor to the site who may violate your IPR and / or distribute your IPR published Content without your permission.
• You grant us exclusive unlimited distribution rights including electronic and internet distribution rights, and non-exclusive, unlimited print publication and distribution rights either through this Platform or through any other media. This includes and is not limited to web publishing, syndication on other websites, syndication with print publishers, publishing as part of a collection of articles, publishing as a book, email, ftp, telnet and other Internet-based information transfer protocols.
• You may, however, publish the Content you contribute to this Platform, on your personal, non-commercial website if you possess one.
• In case the contributions are digital images of artwork in traditional media such as canvas, that is available for sale, you may also publish digital images of your artwork on commercial websites that sell art online, only for the purpose of sale.
• Once granted and your Content is published, the distribution rights cannot be revoked. In other words, once your contribution is published on this Platform, it automatically becomes a permanent part of this Platform's publicly-accessible archives. You may, however, subject to our approval, update or revise your contributions on this Platform.
• You will not receive any monetary compensation whatsoever for your submissions. The only in-kind compensation we promise a home for your expression on the web.
• You grant us the right to organise, categorise, collate your contributed Content and present it on this Platform in any manner we see fit. We may remove or edit your contribution at our discretion without having to secure your permission. We will however make reasonable efforts to inform you of the changes.
• We generally do not object to our contributors posting their contributions made to this Platform on other, freely accessible non-commercial internet locations, so long as this Platform is clearly cited as the original publisher, and a link to this Platform is provided. You, however, agree to secure our permission first before such re-publication on other internet sites happens.
• You agree to state this Platform as the previous publisher prominently in case you print your article in an offline magazine.
• While you are on the site and engaged in any form of communication on any of the forums, you agree NOT to host, display, upload, modify, publish, transmit, update or share any information:

• That is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, promotes violence, is invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; impersonate any person or entity, including, but not limited to, a Sulekha official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• That forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted.
• That you do not have a right to make available, under any law or under contractual or fiduciary relationships (such as inside, proprietary or confidential information, learned or disclosed as part of employment relationships or under nondisclosure agreements).
• That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You may, however, post excerpts of copyrighted material so long as they adhere to fair use guidelines.
• Upload or post or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of business solicitation. Repeated postings of a promotional nature are considered abuse of the forums. Businesses or individuals wishing to advertise on This Platform should contact us at this address.
• That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• That disrupt the normal flow of dialogue by repeatedly posting the same or similar material, or otherwise acting in a manner that negatively affects other Users' ability to engage in exchanges.
• That violates any applicable local, state, national or international law.
• "Stalk" or otherwise harass another User; collect or store personal data about other Users either manually or by means of automated software tools; promote illegal activities; inhibit other Users from using and enjoying the unedited forums.
• Post classifieds advertisements that contain untruthful representations, deceptive practices, inducements to commit any illegal activity.

This Platform may contain message / comment boards, testimonials, or other message or communication facilities (collectively, "Forums"). You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:

• Defame, abuse, harass, stalk, threaten, provoke (religiously, sexually or otherwise) or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Use of swear-words or profanity is strictly prohibited. We encourage a healthy exchange of opinions and disagreements.
• Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, profane, libellous, threatening, harassing, embarrassing or unlawful material or information;
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer, conduct or forward surveys, contests, or chain letters;
• You will not post the Contents (in part or whole) of any email that you may receive from any Sulekha employee(s) and / or moderator. Should you post such Content, such an act would amount to an IPR infringement including infringement of our copyright.
• Download any file posted by another User of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
• Do not post messages more than once. This is also known as flooding. Sulekha reserves right to delete such posts and may terminate the accounts of such members

All Forums are public and not private communications. Chats, postings, conferences, and other communications by other Users are not endorsed by Sulekha and such communications shall not be considered reviewed, screened, or approved by this Platform. Sulekha reserves the right for any reason to remove without notice any Contents of the Forums received from Users.

• The Instagram. Facebook and other Social media profiles link will be used only to enrich your profile on Sulekha site.
• The link will be further integrated into the service provider’s profile page gallery for the user's reference. (Please note: the company will use images from your profile only to be displayed on the site and not for any promotional purposes)
• It is to be noted that the images added to your Instagram/Facebook and Social media profiles will be automatically updated on our company’s site, thus keeping your profile updated

Using this Platform's services

This section covers the terms under which various this Platform services, including, but not limited to, link forwarding services, event information, and any information available on this Platform, are made available to you. You agree that:

• Sulekha may electronically block or otherwise deny access to the Platform, to any User deemed to be in violation of any of the terms in this document.
• Sulekha is not obliged to ensure that the Platform is available to all Users at all times. While we make all attempts to deny access only to those individuals who violate this Platform's regulations, we are occasionally forced to use access denial methods that cause a disruption in access for other Users.
• Sulekha is not responsible for a loss of access to this Platform's services due to failure of networks connected to the Internet, or any other temporary hardware or software failure.
• Sulekha reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
• A possibility exists that this Platform could include inaccuracies or errors. Additionally, a possibility exists that unauthorised additions, deletions and alterations could be made by third parties to the site. Although Sulekha attempts to ensure the integrity and the accuracy of this Platform, it makes no guarantees whatsoever as to its correctness or accuracy. In the event that such an inaccuracy arises, please inform this Platform by emailing myprofile@sulekha.net so that it can be corrected.
• This Platform may contain links to other websites operated by third parties ("linked sites"). You acknowledge that, when you click on a link to visit a linked site, a frame may appear that contains this Platform's logo, advertisements and/or other Content selected by this Platform. You acknowledge that this Platform and its sponsors neither endorse nor are affiliated with the linked sites and are not responsible for any content that appears on the linked sites. This Platform has neither reviewed not approved these sites and is not responsible for the Contents or omissions of any linked site or any links contained in the linked sites.

Responsibility of Platform visitors

You acknowledge that:

• Sulekha has not reviewed, and cannot review, all of the material, including computer software, posted to the platform, and cannot therefore be responsible for that material's Content, use or effects. By operating this Platform, Sulekha does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content.
• This Platform may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. This Platform may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.

Sulekha disclaims any responsibility for any harm resulting from the use by visitors of this Platform, or from any downloading by those visitors of Content posted. If you believe that material located on or linked to this Platform is offensive, indecent, violates your copyright or otherwise objectionable, you are encouraged to notify our team via the report abuse link or via email to myprofile@sulekha.net. This Platform will respond to all such notices, including as required or appropriate by removing the offensive / objectionable / infringing material or disabling all links to the infringing material on the Sulekha.com domain. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Sulekha or others, Sulekha may, in its discretion, terminate or deny access to and use of the platform.

Using Sulekha.com's local service Need fulfillment Platform

Users of this service are responsible for all aspects of the transactions in which they choose to participate. This Platform requires a User to register before posting a service need requirement, a classified ad or uploading a variety of Content on the Platform. This Platform does not review or authenticate all listings, items, or services offered for sale. This Platform has no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of Service Providers to sell items or the ability of Users to buy items. Therefore, Users of this service should be aware that:

• Service Providers and Users are completely responsible for working out the exchange and performance of services. Sulekha is not responsible for any non-performance or breach of any contract entered into between the Users and Service Providers. Sulekha cannot and does not guarantee that the concerned Service Provider will perform any transaction concluded on this Platform.
• Both User and Service Provider do hereby agree that Sulekha shall not be required to mediate or resolve any dispute or disagreement that might arise between the parties out of these transactions.
• Service Providers and Users are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate.
• Service Providers and Users are responsible for all applicable taxes and for all costs incurred by participating in the local service need fulfilment platform.
• Sulekha will not be liable for damages of any kind incurred to any parties as a result of the information contained on this Platform. Users shall not use or manipulate this service for any fraudulent activity or purpose. Items or services offered for sale must comply with applicable laws. Sulekha disclaims any and / or all responsibility and / or liability for any harm resulting from your use of third party services, and you hereby irrevocably waive any claim against Sulekha with respect to the Content or operation of any third party services.
• Using our Services does not give you ownership of any intellectual property rights in our Services or the Content you access. These terms do not grant you the right to use any branding or logos used in our Services.
• You agree to comply with the Terms of Use and acknowledge that Sulekha reserves the right to terminate your account or take such other action ( including legal remedies) as deemed fit if you commit breach of any Terms of Use.
• User agrees that he / she / they, indemnify Sulekha, its employees, officers, agents and directors from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with transactions or disputes.
• We do not control the information provided by other Users that is made available through our system. Users may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense for your own safety. Please note that there are also risks of dealing with underage persons or people acting under false pretence. Additionally, there may also be risks dealing with international trade and foreign nationals.
• It is confirmed and acknowledged by the User that, all/any information provided by the User, including name, age, contact details and other details to this Platform are accurate and can be used and forwarded by this Platform to Service Provider(s). Any such act, committed by Sulekha shall not constitute a violation of privacy or other rights of the User.
• At no time shall this Platform have any obligations or liabilities in respect of all/any transaction entered into between the User and Service Provider. Sulekha is not responsible for unsatisfactory or delayed performance of services or damages, if any incurred during service.
• Sulekha does not make any kind of warranties or representation on delivery, service, quality, suitability and availability of services on this Platform.
• Sulekha shall not be responsible for any loss or damage whatsoever that may be suffered or any personal injury that may be suffered to a User, directly or indirectly by use or non-use of services mentioned on this Platform.
• Prices mentioned (if any) on this Platform are subject to change. Users are advised to check with Service Provider for the final price and additional charges applicable, if any. Users does hereby agree to absolve Sulekha from all/any dispute in relation to price of services.

You hereby approve and / or authorise Sulekha to take such measures as are necessary for security purposes and / or improving the quality of services and / or to enhance and provide better Service Provider services to the satisfaction of the User. The User hereby disclaims his right to prevent and/ or proceed against Sulekha in relation to the same.

Payment

Payment of transaction amount can be done online if Users choose to do so. The User can:

• Pay 100% through the Platform before the service.
• Pay the vendor directly after service.

The User and the service provider agree that:

• This Platform allows for payment for any transaction between User and Service Provider through the payment gateway which shall be processed through a Nodal Account maintained as per RBI guidelines ["payment facility"].
• By providing the payment facility on this Platform, Sulekha is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction.
• All payments made against services on this Platform by service provider shall be compulsorily in Indian Rupees acceptable in the Republic of India. This Platform will not facilitate transaction with respect to any other form of currency with respect to the transactions made on this Platform.
• The payment facility provided by this Platform is neither a banking service or a financial service or a NBFC. Sulekha shall merely act as a facilitator for providing an electronic, automated online payment, collection and remittance facility for the transactions conducted by this Platform using the existing authorized banking infrastructure and credit and / or debit card payment gateway networks.
• All transactions on this Platform are on a principal to principal bipartite contractual obligations between the service provider and User. Sulekha is not / does not hold out itself as an agent /employee of any service provider or User or any other individual or entity availing the facilities of this Platform.
• Use of the payment facility shall not render Sulekha liable or responsible for any damage, non-delivery, non-receipt, non-payment, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the services listed on this Platform.
• Sulekha will not be liable or responsible for any damages or claims arising out of non- processing of any transaction or any delay in processing a transaction, which is beyond the control of Sulekha.
• While accessing the payment facility of this Platform, the service provider consents to supply all such information including but not limited to his name, email address, home address, telephone number, credit or debit card number, CVV number, expiry date of such card (as and when required), as is necessary for successful completion of the payment for the transaction between the service provider and the User. Sulekha reserves the right to store all such information in such manner as it deems fit including storage on cloud service or third party environment.
• The service provider and the User consent that the information provided by them may be passed on to the banks as and when necessary for processing the payment done through the payment facility.
• The service provider warrants that all information supplied by members of them or their business and / or household in using the Services, including without limitation his name, email address, home address, telephone number, Bank account details (Account Number, name, Account type, IFSC code etc. as and when required), is true and accurate. The service provider absolves Sulekha of financial or other liabilities, if any due to misstatement or errors in the data shared by him/her/them. Both User and Service Provider agree that Sulekha, its affiliates and related entities shall not be liable and will be held harmless and indemnified against any claims / damages arising out of the transaction between the User and the service provider.
• Sulekha will not be responsible for any loss or damage arising directly or indirectly to the service provider or the User due to any payment issues arising out of the transaction including but not limited to invalidity of the credit or the debit card, expiry of such card, lack of authorization for any transaction/s, insufficient money in the account of the service provider, exceeding the limit of transaction (a) mutually agreed between the Service Provider and the User or (b) imposed by this Platform
• Sulekha reserves the right to impose limits on the number of transaction done by the User.
• Sulekha reserves the right to refuse to process transactions by service providers with a prior history of questionable charges including without limitation breach of any agreements by service provider with Sulekha or breach / violation of any law or any charges imposed by the Issuing Bank or breach of any policy.
• Sulekha issues cash receipts to its service providers who pays the subscription money in cash. It may be in the physical form or through an SMS or email in the electronic mode. All the service providers of Sulekha should insist for a duly filled in cash receipt against the payment made in cash and any dispute relating to cash payment will only be accepted, against production of the said cash receipt.

Using Sulekha's travel quotes services

This Platform provides Sulekha.com travel quotes as a service to receive air-fare quotes from various travel agents (" Service Providers ") around the world. Sulekha provides the platform but does not directly participate in, nor is it involved in any transactions. Users of this service are responsible for all aspects of the transactions in which they choose to participate. This Platform requires a User to register before sending a quote. This Platform will then send the information as filled in by the User on the form to various agents but does have any control over the feedback provided by the agents. Therefore, Users of this service should be aware that:

• Sulekha is not concerned with and disclaims and denies any liabilities for any delays in responses from travel agents.
• Sulekha only sends the quote to various agents but is not responsible in any way for the air-ticket price offered by them. Users must resolve any disputes that may arise in their dealings.
• Sulekha will share the details of the Users (name, phone number and email address) with the travel agents but Sulekha shall not be responsible if the travel agent / agents approach the User by email or by phone and thereby try to sell their service.
• This Platform will prompt the User to send his request to a specific number of agents each time and holds the authority to change this limit at any point of time as considered appropriate by the management.
• Users of this service are responsible for all applicable taxes and for all costs incurred by participating in this Platform travel quotes service.
• Sulekha will not be liable for any damages of any kind incurred as a result of the information contained in the Sulekha travel quotes service or the use of this Platform travel quotes service.
• Users may not use or manipulate this service for any fraudulent activity or purpose.
• Travel quotes service Users may not post the same request multiple times. Sulekha may take action to delete the User accounts that we believe are misusing this service.
• Because this is a platform, in the event that Users have disputes, Sulekha and its employees, officers, agents and directors are released from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We do not control the information provided by travel agents that is made available through our system. Users may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense for your own safety. Please note that there are also risks of dealing with underage persons or people acting under false pretence. Additionally, there may also be risks dealing with international trade and foreign nationals.
• You have, by availing this service, fully satisfied yourself with respect to this service and for any deficiency of service on behalf of the travel agent, you have no claim and have hereby waived any claim against Sulekha.

Sulekha Score

Access and use of this service and related facilities (hereinafter for the sake of brevity referred to as "Sulekha Score") is subject to following terms. Please read these terms carefully before using the services.

Description of service

This Sulekha Score reflects Sulekha's assessment of a business, based on ratings, reviews and profile views in our Platform and other information submitted to us by the business. Sulekha does not endorse any particular business and does not guarantee quality, reliability or capability of a business. To avoid any ambiguity, it is hereby represented that Sulekha Score shall not act as a Perfect Index to assess and judge the capability, quality and reliability of a Business nor shall it be construed as a score for interpreting the quality of a business. Sulekha Score does not predict the outcome of service provided by a business. Rather, Sulekha Score is just a helper for Users to gather information about businesses who may be suitable for their needs. Users should not rely solely on Sulekha Score in deciding on a business for their service. Assessment of the same business may vary in other sources or may have been assessed based on different information. Sulekha shall makes every effort to avoid errors in the scoring system. However, we do not take any responsibility for any errors and request service providers to check their scores for errors as soon as they are published. All reasonable efforts will be undertaken by us to edit errors which are brought to our attention as contemplated under these Terms of Use.

Self serve portal

Access and use of the Self-serve' portal service and related facilities (hereinafter for the sake of brevity referred to as 'Self-Serve Service') is subject to following terms. Please read these terms carefully before using the services.

The terms of this Agreement shall include the " Terms of Use " for Users of this Platform insofar as such terms are not contrary to the terms provided herein in case of any contradiction, the terms provided herein shall prevail.

Usage of Self-serve Service

By using the Self-Serve Service, you agree to abide by the terms and conditions. We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time by updating the changes online. We may, from time to time, release new tools and resources, revise methodology of calculating the score and or introduce other services and/or features for the Platform. Any new services and features will be subject to these Terms of Use as well as any additional terms of use that we may release for those specific services or features.

It is your responsibility to check this page from time to time for updates or changes in terms and conditions.

Description of service:

Self-Serve Service assists the Service Provider to automatically list his business under the Platform. Sulekha provides its need fulfilment platform as a service to enable its Users to connect with each other or to connect with businesses in their city. Sulekha provides the Platform and enables the Users to find Service Providers/book services. Sulekha does not endorse any particular business and does not guarantee quality, reliability or capability of a business.

You may not post or list any service offerings that is restricted or prohibited by a state or local legislation or rule in India or other applicable jurisdictions. You, as the Service Provider, are responsible for ensuring that you are not posting an item that is prohibited by law in any jurisdiction...

Service offerings that are prohibited by laws, regulations, sanctions and trade restrictions in India or any applicable jurisdiction are strictly forbidden in the Platform. Sulekha as an entity prohibits and does not espouse or encourage usage of the Platform for posting of service offerings which directly encourages any illegal activities, any pornographic material or items that are sexual in nature, any service offerings that promote hatred, violence, racial or religious intolerance. It is your responsibility to determine whether the service offering of any listed item is authorized by law, statute, or regulation. Without limitation, the following service offerings may not be sold or listed on the platform to make firearms, explosives, and ammunition; alcoholic beverages; tobacco products; service offerings of food that is not packaged or does not comply with all applicable laws; pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods that infringe or otherwise violate another party rights, including copyright, patent, trademark, and rights of publicity and privacy; goods / services that are, in Sulekha's discretion, indecent, obscene or pornographic; registered or unregistered securities; goods/services which you do not have the legal right to sell /perform; goods which are misrepresented or which do not in fact exist; goods / services which, if sold via the Platform, would cause Sulekha to violate any law, statute or regulation. The above list of service offerings prohibited under the Platform is only illustrative and shall not be considered as exhaustive in nature. The list shall be updated on a continuous basis.

If you are unsure about the service offering you wish to list with the Platform in regard to its appropriateness or legality, please contact our Customer Services department by dropping an email to myprofile@sulekha.net.

You as a service provider do hereby confirm that the information uploaded or listed under the Platform is correct. No fraudulent information or service offering shall be listed under the Platform, which can either directly or indirectly be categorized as false and incorrect. You shall ensure that no errors are made before uploading / listing information into the Platform. Sulekha, does not take any responsibility for any errors and requests Users and Service Providers to check and verify the information before making any transactions. All reasonable efforts will be undertaken by Sulekha to edit errors which are brought to its attention as contemplated under this Terms of Use.

Your Usage:

Subject to your compliance with this Terms and Use, Sulekha grants you limited, personal, non-exclusive, revocable, non-assignable and non-transferable right to use " Self-Serve " product and list your business along with service offering on the Platform.

You must not:

• Adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use Self-Serve Service or any content on or from the Platform for any purposes other than for declared commercial purposes.
• Use Self-Serve platform in any manner and in any way that is designed to create a separate service or that replicates any part of service offering in the Platform.
• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person or entity.
• Collect or attempt to collect personal data, or any other kind of information about other users, without prior written consent of the user.
• Violate, circumvent or attempt to violate or circumvent any data security measures employed by Sulekha.

As a Service Provider you agree to list the business information and service offerings in the right category and accurately describe the service offerings. You must be at least 18 years of age and possess the legal authority to enter into this Agreement and to use the Self-Serve Service in accordance with all Terms & Conditions herein. If you are listing your business offering using the Platform, you further warrant that you have legal authority to enter into other binding & selling agreements for the purchase or sale of goods/services. You agree to be financially responsible for all of your use of the Self-Serve Service (as well as for use of your account by others, including without limitation minors living with you). You also warrant that all information supplied by you or members of your business and / or household in using the Platform, including without limitation your name, email address, street address, telephone number, credit card number (when required), and items listed under your service offering, their description and price offered ( when required) is true and accurate. You may be required to provide certain business & government documents that will be used to authenticate your listings. You declare that the documents submitted are true and correct.

You shall be courteous and treat Users of the Platform with dignity and respect. You hereby agree that Sulekha at its discretion is entitled to unilaterally remove your listing from the Platform without any liability and take appropriate action against you , in case of User complaint on complicit or derogatory treatment.

Sulekha disclaims any and all responsibility or liability for any harm resulting from your use of third party Services, and you hereby irrevocably waive any claim against Sulekha with respect to the content or operation of any third party services.

Using our Self-Serve Service does not give you ownership of any intellectual property rights in our Self-Serve Service or the content you access. These terms do not grant you the right to use any branding or logos used in our Services.

You agree to comply with the Terms of Use and acknowledge that Sulekha reserves the right to terminate your account or take such other action ( including legal remedies) as deemed fit if you commit breach of any terms of use.

Reporting:

In the event you discover that service offering or any other information is wrongly attributed to a particular business and requires amendment, then you may please notify the same to us in writing with following details:

• Your name and address as provided in acceptable Identity / address proof provided by any Government of India or State Government.
• Statement explaining in detail, why service offering / other information attributed to a business is wrong and requires correction.
• The details of changes to be made in the Platform.
• A statement by you that you in good faith believe that the amendments suggested if incorporated shall reflect correct service offering/ information against the business.
• A statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the respective business.

Your notice should be sent to us in writing:

Disclaimer

Sulekha does not warrant that Self-Serve Service clearly represents the capabilities of the business nor shall it be construed as a mechanism to rank the business in the order of their quality and performance.

Indemnification

You hereby agree to indemnify, defend and hold harmless Sulekha, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

• Any violation by your of these Terms of Use.
• Any third party claim of infringement intellectual property rights or invasion of privacy arising from the hosting of your business or your personal details on the Platform, and/or your making available thereof to other Users of the Platform, and/or the actual use of your business or personal by other Users of the Platform or linked services in accordance with these Terms of Use;
• Any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Sulekha.

Sulekha reserves the right to cancel any listing at any time, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause. Sulekha reserves the right of removing the profiles of people/ entities who register with bogus addresses, telephone, and fax information. Sulekha reserves the right of removing the web mail of people who get involved in using web mail for Nigerian frauds.

As a Service Provider, you agree that Users may comment on their experiences with you in the feedback and reviews section of Sulekha and you release Sulekha and its Users from any liability for any comments.

As a Service Provider, by signing in this Platform you hereby unconditionally consents to receive calls / SMS's from Sulekha in accordance with the 'Do not disturb' guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad. Sulekha further reserves the right to send emails and SMS's related to any order / communication by the User / Service Provider ( Service Provider) on the Platform and the User / Service Provider agrees that the same will not tantamount to spam.

You hereby agree that, at no time shall Sulekha have any obligations or liabilities in respect of any/all transaction(s) entered between the User and Service Provider. Sulekha shall not responsible or liable for cancellations of bookings received from any User. It is the responsibility of the Service Provider to verify the details provided by the User during booking. Sulekha is only a platform that communicates the inputs of the User to the Service Provider.

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Sulekha and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.

Notwithstanding anything contrary contained elsewhere under this Terms of Use and without prejudice to other legal remedies available, Sulekha shall be entitled to claim appropriate sum towards all damages and compensation from you and other responsible parties in case loss of profit due to Fraud.

Settlement

Sulekha may settle any amount collected on behalf of the Service Provider inclusive of taxes for a particular transaction within the acceptable timelines agreed by Sulekha and the Service Provider under this terms of use or via email. Sulekha is not responsible for any delays caused by banks and settlement intermediaries once the payment is initiated.

Sulekha shall not responsible for any discrepancy in the details provided by the Service Provider such as bank details and proofs. The Service Provider accepts the entire responsibility of ensuring the correctness of the details provided. Sulekha will process the payments according to the information provided and will not be liable for any loss incurred by the Service Provider due to incorrect details. Both User and Service Provider do hereby agree to indemnify and hold Sulekha harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms of Use.

Notwithstanding anything expressed hereinabove, the maximum liability for Sulekha under this Terms of Use or otherwise shall be the refund of the money collected from you for any specific service, under which the liability arises.

In no event shall Sulekha be liable to both User and Service Provider on account of booking, use, misuse or reliance on the platform: for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from [a] the use or the inability to use our services or access content, [b] the cost of procurement of substitute goods and services resulting from transactions entered into through or from Sulekha, [c] the unauthorized access to or alterations of your transmissions or data, [d] statements or conduct of any third party on the service, or [e] any other matter relating to the Service, even if Sulekha, has been advised of the possibility of damages arising out of or connected with the use (or inability to use) or performance of the portal, reliance upon or performance of any material contained in or accessed from any portal. Sulekha does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product or process disclosed on the portal or other material accessible from the platform.

Any payment made in respect of Self-Serve Service shall be governed by the terms dealing with Payment provided for in the "Terms of Use".

Severability

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

FAILURE OR DELAY IN SERVICES BY THE SERVICE PROVIDER

Sulekha (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. Sulekha shall have no responsibility to provide you access to this Platform while interruption of this Platform is due to any such cause shall continue.

Indemnification

You hereby agree to indemnify, defend and hold harmless Sulekha, its owner, licensee, subsidiaries, successors, assigns and their respective office affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

• Any violation by you of these Terms of Use.
• Any third party claim of infringement intellectual property rights or invasion of privacy arising from the hosting of your business or your personal details on the Platform, and/or your making available thereof to other Users of the Platform, and/or the actual use of your business or personal by other Users of the Platform or linked services in accordance with these Terms of Use;
• Any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Sulekha
• If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Sulekha and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
• Notwithstanding anything contrary contained elsewhere under this Terms of Use and without prejudice to other legal remedies available, Sulekha shall be entitled to claim appropriate sum towards damages and compensation from you and other responsible parties in case loss of profit due to Fraud.

CODE OF CONDUCT FOR SERVICE PROVIDERS / USERS

These terms are in addition to and must be read in consonance with the terms mentioned above under the head 'Accessing & transmitting Platform's Content'

Private communication, including email correspondence, is not regulated by this Platform. Sulekha encourages its Users to be professional, courteous and respectful when communicating by email. However, Sulekha will investigate and can take action on certain types of unwanted emails that violate this Platform's policies.

Communications may be intercepted for security purposes including but not restricted national interest.

You should be vary of any phishing filter, spam mails, email soliciting, and exchange of money for inheritance or cross-border access of funds.

Instances:

Threats of bodily harm - this Platform does not permit Users to send explicit threats of bodily harm.

• Misuse of Sulekha System - This Platform allows Users to facilitate transactions through the Sulekha system, but will investigate any misuse of this service.
• Spoof (Fake) email - this Platform will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to us through 'Contact Us' tab.
• Spam (Unsolicited Commercial email) - This Platform's spam policy applies only to unsolicited commercial messages sent by its Users. This Platform Users are not allowed to send spam messages to other Users.
• Offers to buy or sell outside of this Platform - This Platform prohibits email offers to buy or sell listed products outside of the platform. Offers of this nature are a potential fraud risk for both Buyers and Sellers.
• This Platform's policy prohibits User-to-User threats of physical harm via any method including, phone, email and on our public message boards.

Violations of this policy may result in a range of actions, including:

• Limits on account privileges
• Account suspension
• Cancellation of listings
• Loss of special status

Use of any physical force against the employees Sulekha

No person shall subject the directors, employees, affiliates, agents, representatives or subcontractors of Sulekha to any physical harassment, intimidation, threats, coercion, confinement or use of criminal force, during the course of their business or in connection with the business. Any such act would lead to an automatic cancellation of any current and/or pending transaction being done by such person through this Platform. . This shall be in addition to and without prejudice to all our further remedies at law.

Severability

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

Events

The following are the terms and conditions under which this Platform is providing the ticketing service and under which this Platform is to be used.

• Introduction & definitions: Sulekha.com events ("Sulekha.com events") is a service operated by this Platform consisting of ticketing services, ticketing resources, and related Content provided by this Platform, and by third parties. "Subscriber" means every person who establishes a connection for access to and use of this Platform.
• Agreement to Terms & Conditions: This agreement sets forth the terms and conditions that apply to use of this Platform by Subscriber. By using this Platform, Subscriber agrees to comply with all of the terms and conditions hereof.
• Changes in Terms & Conditions: Sulekha has the right to change / alter / modify / discontinue any aspect or feature of this Platform, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time. Sulekha has the right to change or modify the Terms and Conditions applicable to Subscriber's use of this Platform, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this Platform, or by electronic or conventional mail, or by any other means. Any use of this Platform by subscriber subsequent to such notice shall be deemed to constitute acceptance by subscriber of such changes, modifications or additions.

• Ticketing: This Platform sells tickets on behalf of promoters, teams, bands and venues which means this Platform does not set the ticket prices or determine seating locations.

  All ticket sales are final and no exchanges or refunds are allowed after a purchase has been made. Where tickets are mailed to the subscriber, neither the client nor will this Platform replace lost, stolen, damaged or destroyed tickets.

  When you receive your tickets, please keep them in a safe place. Please note that direct sunlight or heat can sometimes damage tickets. Where "ticket delivery" feature is available and chosen, please allow enough time for the delivery of your ticket order.

  If you have selected delivery by mail, please allow at least fourteen business days after your order is placed to receive your tickets. For express delivery allow at least 2 business days. These are approximate times, and this Platform is not responsible for deliveries that take longer.

  'Will call' orders can be processed up to the day of the event. Where "will call' feature is available Will call feature: is when ticket is carried to the venue and is redeemed before entry and chosen, the Subscriber must show proof of identification and a printed copy of the electronic receipt to receive the actual ticket.

  This Platform will send a confirmation of the order for tickets via email to the subscriber upon successful processing of the order. It is the responsibility of the subscriber to ensure that the email address provided is correct and accurate.

  Occasionally, events are cancelled, delayed or postponed by the promoter, team, performer or venue for a variety of reasons. The User hereby agrees and acknowledges that if the event is cancelled, delayed or postponed for any reason, Sulekha shall have no responsibility whatsoever.

  In such an event, please contact the organiser for information on receiving a refund. If the event was moved or rescheduled, the venue or promoter may set refund limitations. This Platform assumes no responsibility for such refunds and processes refunds only as instructed by the event organiser.

Disclaimer of warranties & indemnities

Your use of this Platform is at your own risk. This Platform is provided by Sulekha, on an "as is" and "as available" basis. To the full extent permissible by applicable law, websites disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

You acknowledge that any warranty that is provided in connection with any of the products or services made available on or through this Platform is provided solely by the owner, advertiser or manufacturer of that product and / or service and not by Sulekha. Further:

You acknowledge that any warranty that is provided in connection with any of the products or services made available on or through this Platform is provided solely by the owner, advertiser or manufacturer of that product and / or service and not by Sulekha. Further:

• This Platform, makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, Content, materials, or products on the website, including that:
• This Platform and its services will meet your requirements.
• This Platform will be uninterrupted, timely, and secure or error free.
• The quality of any products, services, information or other material purchased or obtained by you though this Platform will meet your expectations, be reliable or accurate, and
• Errors in the software will be corrected within reasonable time.

Your sole remedy for dissatisfaction with this Platform, site-related services and/or Content or information contained within the site is to stop using the site and/or its services.

Any material downloaded or otherwise obtained through the use of this Platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the do.

You agree to indemnify, defend and hold Sulekha, harmless from all claims, damages and expenses (including attorney's fees) made by any third party arising out of your Content, your use of this Platform, your connection to this Platform, your violation of this Agreement, our Terms of Use or our Privacy Policy, and the development, operation, maintenance, use and Contents of your website.

Limitation of liability

In no event shall Sulekha, be liable for any direct, indirect, incidental, special, punitive, consequential damages, or any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:

• The use or the inability to use our services or access Content;
• The cost of procurement of substitute goods and services resulting from transactions entered into through or from this Platform;
• The unauthorised access to or alterations of your transmissions or data;
• Statements or conduct of any third party on the service;
• Any other matter relating to the service, even if Sulekha, has been advised of the possibility of damages.

Notwithstanding anything expressed hereinabove, the maximum liability for Sulekha under this terms of use or otherwise shall be the refund of the money collected from you for any specific service, under which the liability arises.

Void where prohibited

Although this Platform is accessible worldwide, not all products or services discussed or referenced on this Platform are available to all persons or in all geographic locations or jurisdictions.

Unless otherwise specified, the material on this Platform is presented solely for the purpose of sale in India. This Platform makes no representation that materials on this Platform are appropriate or available for use in other locations/countries other than India. Sulekha reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on this Platform is void where prohibited.

In addition, Sulekha makes no representation that materials on this Platform are appropriate or available for use in locations outside India; therefore, accessing those materials from territories where they are illegal is prohibited. Those who choose to access this Platform from locations outside India do so on their own initiative and are responsible for compliance with local laws.

Termination

Sulekha, reserves the right to discontinue in whole or in part any portion of this Platform services or programs with or without notice.

Additional notices

• All rights to the Platform material not expressly granted herein are reserved.
• Third party merchants and advertisers: You acknowledge that Sulekha does not control the performance of merchants or advertisers that appear on this Platform. Therefore, if you choose to purchase a product or service, you release us from any and all claims you may have regarding the third party's failure to deliver or perform.

Contact details submitted on forms

By submitting this form, you authorise Sulekha to contact you at the telephone number or email provided for this inquiry, even if you have previously registered on a Do Not Dial registry or requested Sulekha or its agents to not send marketing or other information by phone or email. You agree we may use an auto-dialler to reach you. You understand that you are required to consent to receiving autodialled calls / messages / texts as a condition of procuring or using any this Platform products or services. You authorise and request this Platform to send you relevant and responsive ads and business listings that appear on the site to match your search and need.

If you do not wish to authorise Sulekha to contact you in this manner, you will need to call 6000 4050 to complete your request.

The User / Service Provider by signing in this Platform hereby unconditionally consents to receive calls / SMS's from Sulekha in accordance with the 'Do not disturb' guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad. Sulekha further reserves the right to send emails and SMS's related to any order / communication by the User / Service Provider on this Platform and the User / Service Provider agrees that the same will not tantamount to spam.

UVN

Independent investigation

You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit member referrals on terms that may differ from those contained in this Agreement. You have independently evaluated the desirability of participating on this Platform or its programs and are not relying on any representation, guarantee or statements other than as set forth in this Agreement.

"TERMS OF USE FOR SERVICE PROVIDERS"

For the purpose of this Terms of Use, wherever the context so requires, "you" or "User" shall mean any natural or legal person who is a Service Provider on this Platform. The terms "we", "us", "our" shall mean the Platform

Please read the following Terms and Conditions which are applicable to your use of this Platform.

General release

• Sulekha has no involvement in the actual transaction between User and Service Provider. This Platform does not have any control over the quality, safety, or legality of items advertised, the truth or accuracy of the listings, the ability of Service Providers to actually sell items they list, or the ability of Users to actually buy items. Please remember that there are risks in dealing with people you do not know, and that this Platform has no control over such risks.
• All transactions on this Platform are on principal to principal bipartite contractual obligations between the Service Provider and User. Sulekha is not / does not hold out itself as an agent / employee of any Service Provider or User or any other individual or entity availing the facilities of Sulekha. Sulekha is merely a facilitator and does not act as a part to the transaction.
• Service Provider shall indemnify Sulekha, its agents, employees, directors, officers and affiliates from all refunds or warranties, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with listings, completed or incomplete transactions, or services offered or actually delivered.
• You must be at least 18 years of age and possess the legal authority to enter into this agreement and to use the Services in accordance with all Terms & Conditions herein. If you are using the Service, you further warrant that you have legal authority to enter into other agreements for performance of services. You agree to be financially responsible for all of your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You also warrant that all information supplied by you or members of your business and / or household in using the Services, including without limitation your name, email address, street address, telephone number, credit card number (when required), and if you are selling goods, all information about your listed goods, is true and accurate.
• You warrant that you will abide by all such additional procedures and guidelines, as modified from time to time, in connection with your use of the Services. You further warrant that you will comply with all applicable laws and regulations regarding use of the Services. Without limitation, by listing an item for sale, you warrant that you have the legal right to sell the item.
• You shall not collect personal data and other information for commercial or unlawful purposes.
• As a Service Provider, you agree to list your items in the right category and to accurately describe the items you are selling.
• It is your responsibility to determine whether the purchase or sale of any listed item is authorised by law, statute, or regulation. Without limitation, the following items may not be sold or offered for sale on the this Platform - firearms, explosives, and ammunition; alcoholic beverages (except if you are reselling an alcoholic beverage that was initially purchased from a retailer and is still in its original container and it is legal to deliver into the jurisdiction where the User lives); tobacco products; food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods that infringe or otherwise violate another party rights, including copyright, patent, trademark, and rights of publicity and privacy; goods that are, in this Platform's discretion, indecent, obscene or pornographic; registered or unregistered securities; goods which you do not have the legal right to sell; goods which are misrepresented or which do not in fact exist; goods which, if sold via the services, would cause this Platform to violate any law, statute or regulation.
• Sulekha reserves the right to cancel any listing at any time, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause. This Platform reserves the right of removing the profiles of people who register with bogus addresses, telephone, and fax information. Sulekha reserves the right of removing the web mail of people who get involved in using web mail for Nigerian frauds.
• The Service Provider agrees and acknowledges that the information provided by him regarding his services is true and correct. Such information cannot be changed except with the prior intimation to and consent of Sulekha.
• As a Service Provider on this Platform you agree that Users may comment on their experiences with you in the feedback and reviews section of this Platform and you release this Platform and its Users from any liability for any comments.
• Sulekha may provide Service Providers with a Business Virtual Number ("BVN"). BVN shall be governed by the same terms and conditions as are provided for a UVN. The Service Provider authorises that the calls made in relation to any / all transactions using the platform may be recorded for training and quality purposes including dispute resolution, service assurance, betterment of Sulekha's services, security purposes and other business purposes of Sulekha. The Service Provider disclaims and / or abandons any right to sue in relation to the same.
• The User / Service Provider by signing on this Platform hereby unconditionally consents to receive calls / SMS' from this Platform in accordance with the 'Do not disturb' guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad. Sulekha further reserves the right to send emails and SMS's related to any order / communication by the User / Service Provider on this Platform and the User / Service Provider agrees that the same will not tantamount to spam.
• Both User and Service Provider hereby agrees that, at no time shall this Platform have any obligations or liabilities in respect of any/all transaction(s) entered between the User and Service Provider. Sulekha shall not responsible or liable for cancellations of bookings received from any User. It is the responsibility of the Service Provider to verify the details provided by the User during booking. This Platform is only a platform that communicates the inputs of the User to the Service Provider.
• Settlement: Sulekha at its discretion may settle any amount collected on behalf of the Service Provider inclusive of taxes for a particular transaction within the acceptable timelines agreed by this Platform and the Service Provider under this ' Terms of Use ' or through email. This Platform is not responsible for any delays caused by banks and settlement intermediaries once the payment is initiated.
• 16. Sulekha shall not responsible for any discrepancy in the details provided by the Service Provider such as bank details and proofs. The Service Provider accepts the entire responsibility of ensuring the correctness of the details provided. Sulekha will process the payments according to the information provided and will not be liable for any loss incurred by the Service Provider due to incorrect details. Both User and Service Provider do hereby agree to indemnify and hold Sulekha and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the terms.
• Notwithstanding anything expressed hereinabove, the maximum liability for Sulekha under this terms of use or otherwise shall be the refund of the money collected from you for any specific service, under which the liability arises.
• In no event shall Sulekha be liable to both User and Service Provider on account of booking, use, misuse or reliance on the portal: for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from [a] the use or the inability to use our services or access Content, [b] the cost of procurement of substitute goods and services resulting from transactions entered into through or from this Platform, [c] the unauthorized access to or alterations of your transmissions or data, [d] statements or conduct of any third party on the service, or [e] any other matter relating to the service, even if this Platform, has been advised of the possibility of damages arising out of or connected with the use (or inability to use) or performance of the portal, reliance upon or performance of any material contained in or accessed from any portal. Sulekha does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product or process disclosed on the portal or other material accessible from the portal.

Passwords

Your password should be a combination of alphabets and at least one number and a special character. You are solely responsible for actions taken under your password, and should not disclose it to anyone else. You cannot use your password for any unauthorised purpose.

Compliance with laws

You agree to comply with all applicable laws, statutes, ordinances and regulations concerning your participation in this Platform.

Others Information

You agree not to make use of anyone else's information concerning this Platform's market places other than as necessary to participate on this Platform and to complete any transactions in which you are involved.

OWNERSHIP OF DATA

When participating in any of this Platform's service, you may provide us with information about yourself and / or products and services listed. You grant Sulekha exclusive rights in all of this information, and all information derived or generated from it, in all existing or future media. These rights include but are not limited to the right to display your information anywhere on this Platform's services and media properties, to search the information, and, consistent with our privacy policy, to repackage and resell it to anyone for any reason. As used in this paragraph, information includes but is not limited to data, text, photographs, drawings, sound recordings, feedback, and any other information or data displayed or presented in connection with your listings on this Platform.

RIGHTS TO TERMINATE

You agree that Sulekha, in its sole discretion, may terminate any use of the Service / delete the listing immediately and without any prior notice.

RELATIONSHIP

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Sulekha and any User / Service Provider of the Platform.

FALSE INFORMATION

If at any point of time Sulekha finds that the information provided by you in your registration or web mail is false, Sulekha reserves the right to terminate your account.

FREE LOOK PERIOD

You have the right to review the Terms & Conditions and cancel your campaign on this Platform, within 5 days from the date of your campaign going live. If you choose to cancel your campaign, your refund will be processed as per Refund terms listed under the 'Premium Services.'

REFUND BOOKING FEE

Refund of booking fee

A booking fee excluding other applicable taxes may be collected by Sulekha for the transactions booked through the Platform. If at any time, the Users are not satisfied with the quality of the Service Provider, User may call Service provider care toll free number of this Platform wherein the complaint will be noted for review. Sulekha holds the authority to decide if the booking fee should be refund for this compliant. Further, User will not have any right to claim or allege anything against Sulekha in respect of services provided/money collected by the Service Provider from the User beyond the booking fee amount.

In any case should you in any manner wrongfully or illegally detain any director, employee, affiliate, agent, representative or subcontractor of Sulekha, we shall be constrained to take all such actions including cancellation of the refund process. Any refund will stand forfeited without any further reference to you. This shall be in addition to and without prejudice to all our further remedies at law

Cancellation

User shall directly contact Sulekha for processing any requests pertaining to cancellation of bookings.

On receiving cancellation request, the refund shall be governed by the Refund terms mentioned in the Agreement. The cancellation request should be raised before a minimum of 24 hours before the scheduled time for performance of service. For any requests that are not raised before 24 hours, the booking fee is non-refundable.

Premium Services

[All terms not specifically defined shall have the same meaning as defined in the terms and conditions of www.sulekha.com]

1. 1.1 “Lead” / “Lead Generation” : A lead is information about Users who are seeking specific services. A “lead” is said to be “generated” when the information of the User is dispatched from Sulekha’s server to the registered contact details of the Service Provider
2. 1.2 “Lead Generation Services” : Premium services offered by Sulekha undertaking to generate a certain number of leads to the Service Provider.
3. 1.3 “Order Form” : An “Order Form” is the final contract between the Sulekha and the Service Provider.
4. 1.4 “Platform” : Platform refers to www.sulekha.com in web / mobile / any other form.
5. 1.5 “Platform Charges” : Periodic charges payable by the Service Provider to Sulekha for using the Sulekha Platform.
6. 1.6 “Premium Services”: Lead Generation or Tenure Only services offered by the Sulekha Platform for a charge.
7. 1.7 “Service Provider” : When users request a service on Sulekha, they can expect to receive service from individual professionals or organisations that are registered on the Platform as “Service providers”, referred to commonly as ‘SP’. These service providers can be either individuals or organisations that offer a wide range of services in categories such as home services, education and training, health and wellness, and more.
8. 1.8 “Tenure Only” : Premium Services offered by Sulekha by listing the profile of the Service Provider for a fixed tenure on the Platform. No undertaking is made to generate a particular number of leads.

1. 2.1. Sulekha offers two Premium Services, namely (1) Lead Generation Services and (2) Tenure Only services. The Premium Services can be accessed only through the Sulekha Platform including the Business Mobile Application or web dashboard.
2. 2.2. An Order Form issued by Sulekha to the SP electronically shall be the final agreement between Sulekha and the SP, as may be amended from time to time by Sulekha. The Order Form shall specify whether the Premium Services are “Lead Generation” Services or “Tenure Only” Services.
3. 2.3. Leads
   1. 2.3.1. Users of the Sulekha Platform including Sulekha mobile applications make enquiries about numerous services offered by SPs who are registered with Sulekha. If the enquiries relate to the entries made by SPs in the Order Form, the details of the Users and the nature of enquiries made by the Users is dispatched to the SP.
   2. 2.3.2. A “lead” is said to be generated when the information of the User are dispatched from Sulekha’s server to the registered contact details of the SP.
   3. 2.3.3. Sulekha shall not be responsible for non receipt of the information by the SP due to technical problems arising out of mobile networks, spam filtering etc.
   4. 2.3.4 A lead is only the information about the Users and the enquiries made by the Users and Sulekha does not guarantee that the lead generated will be converted to business
   5. 2.3.5. The leads that are generated by Sulekha are for the use of SP only and shall not be sold to / exchanged with any third party.
   6. 2.3.6. All leads generated by Sulekha shall be deemed to be valid unless the SP is able to demonstrate that (a) the information provided by the User is false, (b) the User is in fact a competitor or job seeker and (c) the User is not looking for the services offered by the SP.
   7. 2.3.7. In every case where the SP disputes the validity of the leads, the SP shall provide access to the call logs made on the Sulekha Business application. The decision of Sulekha on the validity or invalidity of the leads generated shall be final and binding.
4. 2.4. Lead Generation Services
   1. 2.4.1. Under “Lead Generation Services”, Sulekha may undertake to generate a projected number of leads and the fee that is paid for Lead Generation Services shall be deducted towards each lead that is generated.
   2. 2.4.2. Based on the a) nature of the services offered by SP, (b) the geographical location where services are offered (if applicable) and (c) any other information as may be required depending upon the nature of the services offered by the SP, the Order Form may contain the projected leads, cost per lead or any other conditions in case of Lead Generation Services.
   3. 2.4.3. “Cost per lead” is the fee levied by Sulekha for providing a lead to the SP. The cost per lead is not constant and shall vary depending upon a number of factors such as the location of the services offered, nature of the services offered, number of SPs in the particular location for the particular nature of services amongst others.
   4. 2.4.4. The SP consents to Sulekha’s right to alter or modify the cost per lead and Monthly Platform charges without notice to the SP.
5. 2.5. Tenure Only Services
   1. 2.5.1. Under “Tenure Only Services”, Sulekha undertakes to list the details of the Service Provider on Sulekha.com for a specified period of time without any undertaking about the projected number of leads for a specified fee.
   2. 2.5.2. The fee that is paid for Tenure Only Services is for the specified period of listing of the profile of the SP on Sulekha.com and not for the number of leads that may be generated by Sulekha.
   3. 2.5.3. The Order Form may contain the period of time for which the profile of the SP will appear on Sulekha.com, in case of Tenure only services.

1. 3.1. Monthly Platform Charges: SP who opt for Premium Services have to pay Platform Charges towards the digital presence in Sulekha website with individual profile and other services offered by Sulekha Platform.
2. 3.2 Prepaid nature of the Fee
   1. 3.2.1. In the case of Premium services connected with Lead generation, the SP shall make an advance payment towards generation of leads. Based on every lead generated by Sulekha successfully, the cost per lead shall be deducted by Sulekha and the prepaid balance will be appropriately reduced until the fee becomes zero.
   2. 3.2.2 In the case of Premium services connected with Tenure Only, the prepaid balance will be adjusted proportionally every month or specified periodicity, over the agreed tenure as per the Order Form.

1. 4.1. Refunds towards Premium Services are applicable only for Service Providers who have subscribed for Premium Services for the first time provided such a first-time SP cancels Premium Services within 15 days from the date of Payment / Invoice / Subscription (whichever is the earliest). No refund after 15 days.
2. 4.2. No refunds are permissible for SP who have renewed any paid services with Sulekha.
3. 4.3. Refunds shall be subjected to the following conditions:
   1. 4.3.1. No questions asked for first 5 days
   2. 4.3.2. From 6th day to 15th refunds will be processed after deducting (a)Cancellation charges of 20%, (b) Monthly Platform Charges for the first month, (c) in the case of Lead Generation Services, the amount calculated at the total number of leads X [times] the cost per lead, (d) incase of Tenure Only Services, the amount for the first month listing adjusted proportionally for the number of days completed and (e) Bonus amounts, if any.
4. 4.4. In case of any rejected campaigns, Sulekha will make best efforts to process the refund within a period of 15 days (Fifteen days) from date of clearance of payment.

1. 5.1. Sulekha, at its sole discretion, may terminate the Order for Premium services at anytime if (a) the SP is found to have indulged in any illegal activities., (b) the SP is found to have violated any of the terms and conditions of Sulekha, (c) Complaints raised by Users against SP remain unresolved by the SP for a period of more than 3 days and / or (d) any other reasons that Sulekha deems fit in the facts and circumstances of each case.
2. 5.2. Sulekha may at its discretion ask the SP to show-cause as to why the premium services need not be terminated for any of the reasons mentioned above.
3. 5.3. Sulekha may also in its discretion temporarily suspend / block the premium services for such period as may be necessary prior to terminating the services.
4. 5.4. In the event of early termination of premium services, Sulekha may at its sole discretion refund the balance of the advance fee paid by the SP after deducting any dues (damages / expenses / costs or penalty’s) payable to Sulekha or its Users.

1. 6.1. Sulekha shall not be liable for any indirect, special, incidental or consequential damages arising in connection with the premium subscription.
2. 6.2. In any case, Sulekha’s total liability shall not exceed the total fees paid by the SP.

1. 7.1. If there is any variation between the clauses of this chapter dealing with Premium Services / and the clauses in remaining Terms and Conditions (including Privacy Policy and Copyright Policy) mentioned in www.sulekha.com, clauses of this chapter dealing with Premium Services shall prevail. all other matters not expressly covered under this chapter dealing with Premium Services the SP agrees to be bound by all the terms and conditions (including Privacy Policy and Copyright Policy) mentioned in www.sulekha.com
2. 7.2. It is mandatory for the SP to install the Sulekha Business Mobile Application to be eligible for uninterrupted access to Premium Service.
3. 7.3. Sulekha reserves the right to update, remove, add, modify or in any way amend the terms of Premium Services by uploading a revised version on www.sulekha.com [NOTE: This would mean that these terms will go on sulekha.com website as well]. It is the responsibility of the SP to periodically review the current version of the terms. The continuous use of the Platform signifies acceptance of any changed terms.

APPLICABLE LAW AND DISPUTE RESOLUTION

If any dispute, controversy or claim arises out of, or in relation to, or in connection with this Agreement or its termination or validity, the parties shall attempt to mutually resolve the same through mediation.

However, if the parties fail to resolve the above dispute within a period of 30 days, the same shall be referred to arbitration under the Arbitration and Conciliation Act, 1996.

The arbitration shall be conducted by a sole arbitrator, appointed by Sulekha. The place of arbitration shall be in Chennai, India and it shall be conducted in English.

The award of the arbitrator shall be final, conclusive and binding upon the parties

The courts in Chennai shall have exclusive jurisdiction in relation to any dispute arising between the User and the Service Provider with Sulekha.

The User and Service Provider agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this Platform or these Terms and Conditions must be filed within one (1) year. Any claim or cause of action which may arise or is filed after a period of one year from the date of transaction shall not be entertained and shall be barred.

USER Declaration – Advocates and Lawyer service.

• a. There has been no advertisement, personal communication, solicitation, invitation or inducement of any sort whatsoever from Sulekha or any of Service Providers listed to solicit any work through the platform
• b. The user wishes to gain more information about advocate for his/her own information and use
• c. Sulekha does not have control over the quality of knowledge, amount of time taken, legality, failure to provide with a result, or any other aspect whatsoever of any opinion/service provided by Lawyer(s), nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Lawyer in any manner. Sulekha does not guarantee any expertise or quality of lawyers listed on the platform and we take no responsibility of any default caused or insufficient service provided by the Lawyers. Sulekha will not be liable for any claim, injury or damage arising in connection with your use of the service.
• d. The information about advocate is provided to the user only on his/her specific request and any information obtained or materials downloaded from this website is completely at the user’s volition and any transmission, receipt or use of this site would not create any relationship or liability.
• e. Sulekha does not provide any legal services and we are not a law firm.
• f. You understand that the platform is not an advertising service for Lawyers and it does not solicit business of or promote any Lawyer and hence Sulekha is not in violation of propositions of Advocates Act 1961 and/or Bar Council Rules.
• g. You agree and understand that Lawyers are not employees or agents of Sulekha and no information of any kind including ratings, reviews, score etc or answers to questions/queries provided by any Lawyer over chat or otherwise constitutes an endorsement, recommendation or referral of any Lawyer.
• h. We do not recommend any specific lawyer or select, endorse or recommend any Lawyer to the User. The selection and hiring of services of any Lawyer is at the sole discretion of the User.
• i. When a User selects any Lawyer, the Lawyer acts on its sole behalf and is not a representative or agent of Sulekha. We do not in any way guarantee the accuracy, adequacy, authenticity of such information provided by the Lawyer and the User should independently analyse and apply his prudent mind in testing the authenticity of the information provided by the Lawyer.
• j. We do not have control over the quality of knowledge, amount of time taken, legality, fee charged, failure to provide with a result, or any other aspect whatsoever of any opinion/service provided by Lawyer(s), nor of the integrity, responsibility or any of the actions or omissions whatsoever of any l Lawyer in any manner.
• k. We are not liable for any consequence of any action taken by the user relying on material / information provided under this website. In cases you have specific legal queries, he/she in all cases must seek independent legal advice.

Users are encouraged to investigate or perform your own due diligence concerning the Lawyers and their qualifications. No representation is made that the quality of the professional services to be performed is greater than the quality of professional services performed by other Lawyers. We urge all users to make their own independent investigation and evaluation of any Lawyer being considered.

Advocates and Lawyers Declaration:

• a. listing of their credentials as lawyer with Sulekha.com New Media Pvt Ltd ( Platform) and availing subsequent services thereto is not in contravention of any of the provisions of the existing laws which also includes Bar Council of India Rules.
• b. have provided true, accurate, current, and complete information to us in connection with any use or access of the Services
• c. will maintain and update the information to keep it true, accurate, correct, and complete.
• d. Sulekha reserves the right to terminate your access to the Services in the event we learn or believe any information provided by you may be false, inaccurate, incorrect, or incomplete.
• e. The details of Lawyer such as name, telephone number, email id, areas of practice etc provided in the platform is true and is not in violation Bar Council Of India Rules
• f. They shall comply with all the applicable laws in India including the rules made there under for using the platform or availing the payment facility provided on the platform.

Rewards and Points system for Users

• This Special Offer is not redeemable for cash or any other items/offers.

• Sulekha reserves the right to add vary/replace all or any of the terms and conditions wholly or in part this promotional scheme or to withdraw it completely or change the composition of the Special Offer.

• The customer agrees to release, indemnify and hold harmless, Sulekha its respective affiliates, its advertising and promotion agencies, and all of its respective agents, representatives, officers, directors, shareholders and employees from and against any injuries, losses, damages, claims, actions, or any liability of any kind resulting from or arising from your or any third party’s use (or misuse) of the Special Offer.

• The terms of the Offer are construed according to the laws of India.

• Sulekha reserves the right to forfeit the Special Offer in the event it is found any information provided by the Eligible Customers is wrong or any misrepresentation is made by them.

• This Special Offer is subject to force majeure clause i.e. In the event of unforeseeable or any other circumstances such as technical failures in the telephone lines, server failures or any mistakes arising out of technical snags, Sulekha will be unable to perform the obligation. By availing this Offer, it shall be construed that the customer has read, understood, accepted and agreed to abide by all the terms and condition stated hereunder.

• Information about the Offer is correct at the time of publication. Eligible Customer can refer to the latest set of Terms and Conditions available on Sulekha’s website.

• All services offered are at the sole discretion of Sulekha.

• Sulekha reserves the right to modify/change all or any of the Terms and Conditions applicable to Offer without providing any reasons or prior intimation whatsoever. Sulekha also reserves the right to discontinue the Offer without giving any reasons or prior intimation whatsoever.

• Wallets with statuses such as Lost/Stolen/Blocked are not eligible for this offer.

• Any tax or other liabilities or charges payable to the Government or any other statutory authority/body or any participating establishment, which may arise or accrue to the Customer due to provision of the Offer, shall be to the sole account of the Customer. * Sulekha reserves the right to disqualify the Offer or Customer/s from the benefits of the Offer if any fraudulent activity is identified as being carried out for the purpose of availing the benefits under the Offer.

• Sulekha User can avail the offer within 1 year of the earned points.

• Mobile number needs to be verified to be eligible for cash back.

• Conversion ratio of points to paytm cash will vary and solely determined by Sulekha as it deems fit.

• Points will be earned by a customer for maximum of giving two reviews per day(00:00 to 23:59)

• Points can be earned only for need request posted within last 90 days from the date of giving review.

User Terms-Booking Model

The following terms constitute a legally binding agreement ("Agreement") between you and Sulekha.com New Media Pvt Ltd (Sulekha) governing use of www.sulekha.com and related mobile applications (together referred to as "Platform") and any transactions performed in the platform. Sulekha matches needs of users with that of service provider and acts as intermediary in need fulfillment process. This is an agreement between you as the user of the Platform and Sulekha.com New Media Pvt Ltd. ("Sulekha"). The expressions "You" "Your" or "User(s)" refers to any person who accesses or uses the platform for any purpose and we," "us," "Company" or "our" refers to entity that you are contracting for the service i.e Sulekha.com New Media Pvt Ltd.

By subscribing to or interacting with other User(s) on or entering into negotiations in respect of need or subscribing to any services on or using the platform in any manner for any purpose, You undertake and agree that You have fully read, understood and accepted the Agreement.

If you do not agree to or do not wish to be bound by the Agreement, You may not access or otherwise use the platform in any manner. This Agreement applies to any person who accesses or uses the Web Site for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the Web Site, under actual or apparent authority. User(s) may use this Web Site solely for their commercial/business purposes.

This Agreement applies to all services offered on the Web Site and by Sulekha, collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on the Web Site. In the event of any conflict or inconsistency between any provision of this Agreement and any additional terms and conditions applicable in respect of any service offered on the Web Site, such additional terms and conditions applicable in respect of that service shall prevail over this Agreement.

Users of this service are responsible for all aspects of the transactions in which they choose to participate. Sulekha requires a user to register before posting a service need requirement or uploading any content on the platform. Sulekha does not review or authenticate all listings, items, or services offered for sale. Sulekha has no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of Service Providers to service the need or the ability of executive to perform the services as per users need requirements. Therefore, users of this service should be aware that:

User agrees that and accept exclusions and inclusions under scope of service as displayed at the time of placing the order in the platform. User accepts that, Sulekha shall not be held liable for any change in exclusions and/or inclusions by the service provider at the time of rendering the services booked through the platform.

Service Providers and users are completely responsible for working out the sale and exchange of goods or services. Sulekha is not responsible for any non-performance or breach of any contract entered into between the users and Service Providers. Sulekha cannot and does not guarantee that the respective service provider will perform any transaction concluded on the Sulekha portal.

Both user and Service Provider do hereby agree that Sulekha shall not be required to mediate or resolve any dispute or disagreement that might arise between the parties out of these transactions.

Service Providers and users are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate.

Service Providers and users are responsible for all applicable taxes and for all costs incurred towards any transactions emanating platform. Service Providers and users are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate

Sulekha will not be liable for damages of any kind incurred to any parties as a result of the information contained in Sulekha.com website. Users shall not use or manipulate this service for any fraudulent activity or purpose. Items or services offered for sale must comply with applicable laws. Sulekha disclaims any and all responsibility or liability for any harm resulting from your use of third party Services, and you hereby irrevocably waive any claim against Sulekha with respect to the content or operation of any third party services.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services.

You agree to comply with the terms of use and acknowledge that Sulekha reserves the right to terminate your account or take such other action ( including legal remedies) as deemed fit if you commit breach of any terms of use.

User agrees that Sulekha is a platform, indemnifies Sulekha, its employees, officers, agents and directors from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with transactions or disputes. We do not control the information provided by other users that is made available through our system. Users may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense for your own safety. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals.

It is confirmed and acknowledged by the user that, all/any information provided by the user, including name, age, contact details and other details to Sulekha are accurate and can be used and forwarded by Sulekha to Service Provider(s). Any such act, committed by Sulekha shall not constitute a violation of privacy or other rights of the user.

At no time shall Sulekha have any obligations or liabilities in respect of all/any transaction entered into between the user and Service Provider. Sulekha is not responsible for unsatisfactory or delayed performance of services or damages, if any incurred during service.

Sulekha does not make any kind of warranties or representation on delivery, service, quality, suitability and availability of services in the website.

Sulekha shall not be responsible for any loss or damage whatsoever that may be suffered or any personal injury that may be suffered to a user, directly or indirectly by use or non-use of services mentioned in the website

Prices mentioned (if any) on the Sulekha portal are subject to change. Users are advised to check with Service Provider for the final price and additional charges applicable, any. Users agree that they shall directly negotiate with service provider in case of change of rates and make payments towards all outstanding dues.

User(s) agree to fully assume the risks of any transactions ("Transaction Risks") conducted on the basis of any content, information or any other material provided on the platform and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction.

• Such risks include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products/services, unlawful products/services, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents.
• Such risks also include the risks that the sale and/or use of products or services offered or displayed on the platform may violate or may be asserted to violate Third Party Rights, and the risk that that User(s) may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.
• Such risks further include the risks that the purchasers, end-users of services or others claiming to have suffered injuries or harms relating to services originally obtained by User(s) of the Web Site as a result of purchase and sale transactions in connection with using any content, information or any other material provided on the platform may suffer harms and/or assert claims arising from their use of such services.

Notwithstanding anything expressed hereinabove, the maximum liability for Sulekha.com New Media Pvt Ltd under this terms of use or otherwise shall be the refund of the money collected from you for any specific service, under which the liability arises.

In no event shall Sulekha.com New Media Pvt Ltd be liable to both user and customer on account of booking, use, misuse or reliance on the portal: for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from [A] the use or the inability to use our services or access content, [B] the cost of procurement of substitute goods and services resulting from transactions entered into through or from Sulekha, [C] the unauthorized access to or alterations of your transmissions or data, [D] statements or conduct of any third party on the service, or [E] any other matter relating to the service, even if Sulekha.com, has been advised of the possibility of damages arising out of or connected with the use (or inability to use) or performance of the portal, reliance upon or performance of any material contained in or accessed from any portal. Sulekha.com New Media Pvt Ltd does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product or process disclosed on the portal or other material accessible from the portal.

Pricing for the services will be as described in the respective page of platform.

Users shall be provided with the option to book the service by paying a percentage of payment in advance through the platform.

The Payment Services may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. Sulekha is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Sulekha of such Third-Party Services.

You represent and warrant that: (i) neither you nor service location is/are located or take place in a country that is subject to a Indian embargo, or that has been designated by the Indian Government as a "terrorist supporting" country; and (ii) you are not listed on any Indian Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.

Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.

Sulekha reserves the right to modify these Payments Terms at any time subject to this clause. If we make changes to these Payments Terms, we will post the revised Payments Terms on the Platform and update the "Last Updated" date at the top of these Payments Terms. You are requested to check and verify that you are in agreement with any/all changes.

You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. Sulekha is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.

User agree and accept that any service booked for the platform cannot be cancelled under any circumstances. User agrees and accept that any booking fee or such other amount paid in Sulekha platform towards booking of service is non-refundable.

If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided "as is", without warranty of any kind, either express or implied.

Notwithstanding Sulekha's appointment as the limited payment collection agent of Service Providers for the purposes of accepting payments from Users through the Sulekha's Platform, Sulekha explicitly disclaims all liability for any act or omission of any Service Provider or other third party. Sulekha does not have any duties or obligations as agent for each Service Provider except to the extent expressly set forth in applicable Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.

If we choose to conduct identity verification on any Service Provider and/or User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Service Provider/ User or guarantee that a Service Provider/ User will not engage in misconduct in the future.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.

To the maximum extent permitted by applicable law, you agree to release, defend, indemnify, and hold Sulekha and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) Sulekha's Collection and Remittance of applicable Taxes; or (iv) your breach of any laws, regulations, or third-party rights.

Neither Sulekha nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other users or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Sulekha has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Service Providers pursuant to these Payments Terms, in no event will Sulekha' aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed or Indian Rupees Two hundred only (INR 200/-), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Sulekha and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the India., this does not affect Sulekha' liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

This Agreement shall be governed exclusively by the laws of India. Any action brought hereunder shall be brought exclusively in the courts in Chennai, and both parties hereby consent to the jurisdiction of such courts and to such venue, which both agree is convenient.

Any dispute or difference arising out of, or in connection with, your usage of platform or the breach thereof which cannot be amicably settled between User and Sulekha (including through alternative dispute resolution procedures as may be agreed to by the Parties) shall be arbitrated in accordance with the Indian Arbitration and Conciliation Act, 1996 or any statutory enactment or re-enactment in force. The seat of the arbitration shall be Chennai, Tamil Nadu, India. A Sole arbitrator appointed by Sulekha shall conduct the arbitration proceedings, whose reward shall be final. The language of the arbitration shall be English. Outside India, the Parties agree to go through Alternative Dispute Resolution (ADR) procedures, arbitrated in accordance with the UNCITRAL Arbitration Rules as at present in force.

Any resulting arbitral decision shall be final and binding on both parties. Judgment upon any arbitration award may be entered in any court having jurisdiction thereof. Such judgment shall be in lieu of any other remedy.

Please note that the clauses of this agreement along with applicable policies placed in the platform can be changed/altered over time. Users are advised to regularly check our privacy statements for such updates and ensure that they do are in agreement with changes and updates. The Agreement read with terms of use, copyrights policy, Privacy Policy and such other policies placed in the platform constitute the entire agreement between the User(s) and Sulekha with respect to access to and use of the Sulekha, superseding any prior written or oral agreements in relation to the matters described hereinabove.

SULEKHA SERVICES - Pro Manage

Sulekha.com New Media Pvt Ltd (‘Sulekha’/’Company’) offers its customers a solution to effectively and easily manage the visibility of their points of sale.

Sulekha is engaged in the business of providing services to business to manage their points of sale on a range of partner platforms, with which the company has established agreements and/or established a solution to monitor reviews, in order to be aware of what internet users may say about these establishments on local sites.

Sulekha and Licensee wish to enter into this Agreement whereby Sulekha provides certain access to platform to synchronize the information and Data transmitted by the customers to the partner (defined below) and Updated Information Services (defined below).

As used in this Agreement, the following terms shall have the following meanings with such meanings to be equally applicable to both the singular and plural forms of the terms defined:

"Agreement" means this License Agreement, along with order form, privacy policy and any other terms of use provided in the platform and any agreements, schedules or exhibits supplementing or amending this Agreement.

"Fees" means the amount payable by Licensee for access to and use of the Service

"Information" means the information provided by customers for synchronization to partner platforms, collectively.

"Proprietary Information" means the Service and all other data, manuals, documentation, algorithms, and other information that may be disclosed or provided to Licensee in the course of providing the Service, and all intellectual property rights thereon.

"POI (Point of Interest)" address of a point of sales or a service of a customer.

"Partner Platforms" Google My Business & Google Maps, Waze, TomTom, Here, Foursquare, Factual and Facebook local.

"Service" means the synchronization of information provided by the customer and any software applications and any other services provided by Sulekha to Licensee. The Service includes any corrections, enhancements, updates or other modifications to the Service during the term of this Agreement.

"Updated Information Service" means the service provided by Sulekha to Licensee whereby the Information is updated on an on-going basis upon receipt of data from customers.

2.1 Grant. Subject to the terms and conditions of this Agreement (including Licensee’s obligation to pay for the Service), Sulekha grants to Licensee a 12 month (unless otherwise terminated as set forth herein) a non-exclusive, non-transferable license to use the Service solely for the purposes of synchronization of customer data across partner platforms.

The Partner platforms can, at any time freely change their graphic policy, posting policy and commercial policy with respect to the posting of content. Sulekha can therefore not engage in an obligation to achieve results with respect to the publishing of certain content and Data on certain platforms or even with respect to the simple publishing of information on a particular site. However, Sulekha commits to do its utmost to ensure that the Data published by the Customer is published on the Partner sites as quickly as possible.

The customer remains responsible for information published on the public files of the Partners platform before, during and after the assured provision by the Sulekha. They retain the option to modify this information themselves by following the Partners instructions.

2.2 Publishable data

The customer commits to do submit correct information with respect to its business for integration and synchronization of its point of sale integrate the maximum possible Data published by the Customer, notably:

• Business name
• Address (house n°, post code, country)
• Categories (activity type)
• Telephone N°
• Latitude
• Longitude
• Website URL
• Email
• Facebook link
• Opening Hours
• Extra hours
• Business logo
• Business photographs
• Business description or point of sale description

The Customer commits to update the Data on this file regularly and at least before each update.

The Customer commits to do its utmost to help the Sulekha if they require complementary information to keep within the written obligations.

The Customer commits to only update the Sulekha with lawful content, free from any violation of public order, morality or the rights of third parties.

A. Centralization of The Customer’s local reviews

The Sulekha commits to provide the Customer with a monitoring solution for local reviews so that the latter may be informed as soon as a review related to these establishments is posted by an internet user on a Partner site, in order to respond to it quicker. To date, the partners of the Sulekha are Google, and Facebook.

If Sulekha signs new partnership agreements during the contractual period, they will be automatically integrated into the solution provided to the Customer, at no extra cost, provided that this partner was negotiated on a no charge basis.

For the proper execution of the contract, the Customer must provide the Sulekha with Data via the Sulekha interface (or a dedicated stream) or via an Excel file complying with the standards defined by The Sulekha.

The Partner platforms can, at any time freely change their policy for providing notice. The Sulekha can therefore not engage in an obligation to achieve results with respect to the recovery of local notices. However, The Sulekha commits to do its utmost to centralize all reviews on the interface as frequently as possible.

The review monitoring product consists of several things:

• Notification of Customer as soon as a “negative” review is published (review below 5 stars)
• Sending of a weekly report
• Centralization of reviews on the Sulekha interface to which the Customer will have access
• Management of users (national manager, regional manager, local manager) to facilitate integration and response to reviews
• Facilitated response to reviews from the Sulekha interface (redirection to the link where the review is located)

B. Sending SMS invitations to submit reviews

Sulekha undertakes to provide the Customer with a solution of incitement to deposit reviews via SMS invitations sent from the Sulekha’s interface.

To date, the Review Booster solution allows you to send SMS invitations in order to post a review on Google My Business.

If the Sulekha signs new partnerships during the contractual period, these will automatically be integrated into the solution provided to the Customer, without additional cost, on the condition that this partnership is negotiated on the basis of a free package.

Partner platforms may change the policy for the submission of the reviews at any time and freely. Sulekha cannot therefore commit to an obligation of result regarding the reviews posted on Google My Business’ listing.

2.3 Restrictions on Use Licensee represents and warrants to Sulekha, both during and after the term of this Agreement, the following provisions:

• The Service is for the sole use within Licensee’s own organization and by Licensee’s own employees or agents. The Service may not be shared with affiliates or any third party, including joint marketing arrangements. The Service may not be used outside the territorial jurisdiction of India without the prior written consent of Sulekha
• Licensee agrees both during and after the term of this Agreement that Licensee shall not: (i) disclose, use, disseminate, reproduce or publish any portion of the Service in any manner other than as stated in this Agreement, (ii) permit any parent, subsidiaries, affiliated entities or other third parties to use the Service or any portion thereof; (iii) use the Service as a sole indicator in providing its monitoring and fraud detection services and products nor process or permit to be processed the Service or any portion thereof, except in accordance with the provisions of this Agreement, with other data or software from any other source, (iv) allow access to the Service through any terminals located outside of Licensee’s operations, except in accordance with this Agreement, (v) use the Service to create, enhance or structure any database in any form for resale or distribution, except in accordance with the terms of this Agreement, or (vi) use the Service to create derivative products. Licensee shall be solely responsible for obtaining any and all necessary licenses, certificates, permits, approvals or other authorizations required by central, state or local statute, law or regulation applicable to Licensee’s use of the Service. Sulekha makes no representations or warranties about the legality or propriety of the use of the Service in any jurisdiction, state or region.
• Licensee will abide by all prevailing central, state, and local laws and regulations governing data and rights to privacy, and (ii) submit the true and correct information.
• Licensee will not use the Service for any purpose that: (i) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (ii) violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing unfair competition, anti-discrimination or false advertising), or (iii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

3.1 Fees In consideration of the rights granted Licensee hereunder, Licensee will pay Sulekha the Fees as more specifically described in e-orders.

3.2 Taxes Fees are exclusive of goods and services tax and other taxes, which are the responsibility of Licensee. Sulekha shall charge Licensee applicable GST; Licensee shall be responsible for filing all other taxes.

3.3 Billing; Payments; Late Fees At the end of each Sulekha billing cycle, Sulekha will invoice Licensee for all Fees incurred by Licensee during such billing cycle. Sulekha will impose a late charge of 2 percent per month compounded on any delinquent account until paid in full hereunder until all delinquent amounts owed have been paid in full. Licensee agrees to pay all attorney fees and collection costs incurred by Sulekha in collecting any delinquent account, whether or not litigation is instituted. In the event of any litigation or other action involving this Agreement, the prevailing party shall be entitled to reasonable attorney fees and court costs including at trial, on any appeal, and/or in a bankruptcy or similar proceeding, in addition to any other recovery to which it is entitled.

3.4 Compliance Audits Sulekha reserves the right, at its own expense, to select an independent auditor to audit Licensee for the purpose of ensuring Licensee’s compliance with the terms and conditions of this Agreement, after providing Licensee with reasonable notice thereof. If such audit indicates there has been a material breach in Licensee’s compliance of the Agreement.

The responsibility of the Sulekha is limited to the amount actually paid by the customer since the last renewal of the contract.

Subject to Sulekha's terms and policies, the Company shall offer full refund to the customer, provided the refund request is raised within 7 days after completion of 2 months from profile creation.

5.1 Term. The initial term of this Agreement shall be for a period of one year, commencing on the Effective Date. The term shall automatically renew for additional successive twelve (12) month terms, unless terminated pursuant to Subsection 5.2 (Termination) of this Agreement.

5.2 Termination. Sulekha may terminate this Agreement without any cause, at its discretion by sending a written intimation to other party. Licensee may terminate this Agreement upon ninety (90) days prior written notice. Except for the termination provisions in Section 3.4 (Audits), if either party breaches any provision of this Agreement, the non-breaching party shall, upon providing written notice of such breach, be entitled to immediately terminate this Agreement, provided such breach is not cured within thirty (30) days following such notice. If this Agreement is terminated as a result of a breach, the non-breaching party shall, in addition to its right of termination, be entitled to pursue legal remedies against the breaching party. Notwithstanding the foregoing, if Licensee is in breach under Section 3 (Fees) of this Agreement, Sulekha may terminate this Agreement effective immediately after giving Licensee written notice of such default.

5.3 Payment Upon Expiration or Earlier Termination Upon the expiration or termination of this Agreement as set forth above in Subsections 4.1 (Term) and 4.2 (Termination), Licensee shall pay Sulekha in full for all services actually delivered and services actually performed by Sulekha under this Agreement prior to the effective date of such expiration or termination.

6. Disclaimer SULEKHA DO NOT REPRESENT OR WARRANT THAT THE SERVICE IS VALID, COMPLETE, FREE FROM ERROR, WILL MEET LICENSEE’S NEEDS, OR THAT THE SERVICE WILL BE PROVIDED ON AN UNINTERRUPTED BASIS AND THE SULEKHA EXPRESSLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES. THE SULEKHA DO NOT ASSUME, AND EXPRESSLY DISCLAIM, ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS, DELAYS IN NOTIFICATION OR OMISSIONS IN THE SERVICE. WHETHER SUCH ERRORS, DELAYS IN NOTIFICATION OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT, OR OTHER CAUSE.

SULEKHA SHALL HAVE NO LIABILITY UNDER OR RELATED TO THIS AGREEMENT, WITH THE EXCEPTION OF BREACH OF INTELLECTUAL PROPERTY, WHICH SHALL BE LIMITED AS FOLLOWS: SULEKHA’ TOTAL LIABILITY AND LICENSEE’S EXCLUSIVE REMEDY UNDER BREACH OF INTELLECTUAL PROPERTY SHALL BE LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING THE GREATER OF (I) ONE THOUSAND RUPEES (INR 1000/-) OR (II) ALL FEES PAID BY LICENSEE TO SULEKHA UNDER THIS AGREEMENT. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THE LIMIT. SULEKHA SHALL HAVE NO LIABILITY UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT FOR ANY LOSS OF PROFIT OR REVENUE OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF SULEKHA IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

Licensee agrees to indemnify and hold Sulekha harmless from and against all claims of third parties arising out of or related to the use of the Service by the Licensee, or attributable to Licensee’s breach of this Agreement. Sulekha shall control the defense and any settlement of such claim, and shall cooperate with Licensee shall cooperate with Sulekha in defending against such claim.

Licensee acknowledges that Sulekha facilitates synchronization of Information is submitted by the licensee with partner platforms. Sulekha shall use good faith in attempting to obtain information and upload it against respective point of sale under partner platforms, in Sulekha’s sole judgment, but does not guarantee the accuracy of the information furnished. Licensee also acknowledges that for the consideration tendered hereunder Sulekha cannot be an insurer of the accuracy of the information and that the terms under which the Information is provided under this Agreement are based upon the parties’ expectation and agreement that the risk of any loss that may be incurred by use of the Information will be borne by Licensee and not Sulekha. Licensee agrees that the Information is secured by and through fallible human sources, that Sulekha does not undertake a separate investigation for each individual listed, and that Sulekha makes no representations regarding the any individual listed in the Information. Licensee therefore agrees that it is responsible for determining that the Information is acceptable and in accordance with Sulekha’s obligations under this Agreement. If Licensee reasonably determines that the Information does not meet Sulekha’s obligations under this Agreement, Licensee shall so notify Sulekha in writing within thirty (30) days after receipt of the Information. Licensee’s failure to so notify Sulekha shall mean that Licensee accepts the Information is true and correct, and Sulekha shall have no liability whatsoever for the Information

In the case of force majeure, the obligations of both parties will be suspended. By express agreement, constituting a force majeure, disturbances of the telecommunications network as well as all attributable unavailability which is not caused by the Sulekha and is out of its control.

In the case that force majeure persists for longer than sixty (60) days, the present contract may be automatically terminated by one of the other of the parties.

The parties intend to give exclusive jurisdiction to the High Court of Madras and subordinate courts thereto for any dispute concerning the validity, interpretation, execution or breach of the present contract.

Future Changes

We may make changes to the Terms at any time. Any changes we make will be effective immediately when we post a revised version of the Terms on the Site. The "Last Updated” date above will tell you when the Terms were last revised. By continuing to use this Site after that date, you agree to the changes. To the extent that these Terms differ from a prior version of the Terms which you previously agreed to, this version of the Terms supersedes and governs.