These Terms of Service apply to all users of the MadJock Service. Information provided by our users through the MadJock Service may contain links to third party websites that are not owned or controlled by MadJock. MadJock has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Also, MadJock does not assume any liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of third party content on the Site. In addition, MadJock will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that MadJock shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect MadJock's belief. Errors, Corrections, and Right to Modify or Discontinue Service and Sites: We do not represent or warrant that the MadJock Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the MadJock Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the MadJock Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site. MadJock reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services and/or Sites (or any part thereof) with or without notice. MadJock shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any Sites.

2.1) Subject to your compliance with these Terms of Service, MadJock hereby grants you permission to use the Service, provided that:

2.2) In order to access and use the features of the Service, you acknowledge and agree that you will have to provide MadJock with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, MadJock may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to MadJock to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. We do not collect addresses or email addresses, just names and mobile phone numbers to tag your friends (as defined in Privacy Policy) and view their ratings (as defined in Privacy Policy) given to businesses listed with MadJock. You must notify MadJock immediately of any breach of security or unauthorized use of your mobile phone. For removal of doubts it is clarified that, MadJock is not liable for any loss or damage caused by any unauthorized use of your account, however you would be liable for any losses or damage caused to MadJock including but not limited to any claims made on MadJock or others due to such unauthorized use./

2.3) You agree not to use or upload, post or submit any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Application or of any computer software, hardware, or telecommunications equipment. You also agree to not decipher, decompile, disassemble, use sniffers (except Ethereal, tcpdump or HTTPWatch in general) or reverse engineer any of the software comprising or in any way making up part of the Application. We have to disallow use of request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the application. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service. You agree not to create any data back up of the content that is available to you by use of the MadJock Site or MadJock Mobile App. or use of MadJock Service that is available through any other mediums.

3.1) MadJock will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside MadJock's reasonable control.

3.2) MadJock does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.

3.3) MadJock will not be responsible for any support or maintenance for the Application.

4.1) In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').

4.2) The Software Requirements for downloading the MadJock Mobile App would vary as per the mobile platform. The MadJock Mobile App would be available in English Language as of now.

4.3) The version of the Application software may be upgraded from time to time to add support for new functions and services.

The MadJock company names, logos, all related products and service names, design marks, slogans, trademarks, service marks, copyright, database rights (and other intellectual property rights of any nature in the Application) together with the underlying software code in the App ("Intellectual Property") is owned by and used under license by MadJock or its subsidiaries or affiliate companies. All other Intellectual Properties herein are the property of their respective owners. All copies that you make of the Materials on any of the Media must bear any copyright, trademark or other proprietary notice located on the respective Media that pertains to the material being copied. You are not authorized to use MadJock's Intellectual Property in any advertising, publicity or in any other commercial manner. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MadJock.

For removal of doubts, it is clarified that, by accepting theses terms, you hereby waive and grant to MadJock all rights including intellectual property rights and also "moral rights" in the Reviews, Ratings and Comments posted by you at MadJock through any of mediums of MadJock and that MadJock is free to use all such Review, Ratings and Comments as per its (MadJock's) requirements from time to time.

6.1) Tag your Friends - (Refer Privacy Policy - F-10)

6.2) Ratings and Reviews - (Refer Privacy Policy - F-10)

6.3) In connection with Ratings and Tag your friends, you further agree that you will not:

6.4) Adult content must be identified as such. MadJock does not endorse any Rating and/or Review or any opinion, recommendation, or advice expressed therein, and MadJock expressly disclaims any and all liability in connection with ratings and/or submissions. MadJock does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and MadJock will remove all content and Ratings and/or Reviews if properly notified that such content infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following:

6.5) You understand that when using the MadJock Service you will be exposed to Ratings and Review submissions from a variety of sources, and that MadJock is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions, and that such Submissions are not the responsibility of MadJock. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MadJock with respect thereto, and agree to indemnify and hold MadJock, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the MadJock Service.

6.6) MadJock reserves the right to discontinue any aspect of the MadJock Service at any time.

6.7) Right, But Not Obligation, to Monitor Submissions: MadJock does not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on our Service. We do, however, reserve the right to review any or all Submissions in our sole discretion. In addition, we reserve the right to alter, edit or remove any Submissions, in whole or in part, at our sole discretion.

6.8) Your Use of Submissions Posted by Others. You may not use, copy, reproduce, distribute, publish, display or perform, create derivative works of, transmit, sell, or in any way exploit any of the Submissions posted by others except as expressly set forth in these Terms of Use.

THE MATERIAL AND THE MEDIA USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE ) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MADJOCK DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE MEDIA AND MATERIALS. MADJOCK DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MADJOCK DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE MEDIA. SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION. IN NO EVENT SHALL MADJOCK BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE MEDIA FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF MADJOCK IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE MEDIA OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY MEDIA. MADJOCK DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE MEDIA OR OTHER MATERIAL ACCESSIBLE FROM THE MEDIA. THE USER OF THE MEDIA ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS MEDIA. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Users using any of MadJock service across the following mediums i.e. through internet i.e. www.MadJock.com Website, Wapsite, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Advertiser listed with MadJock. All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and MadJock does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with MadJock. Further, MadJock is not at all responsible for any act of Advertiser/s listed at MadJock.

IN NO EVENT SHALL MADJOCK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

9.1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,

9.2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE,

9.3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

9.4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS,

9.5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY,

9.6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MADJOCK CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR

9.7) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT MADJOCK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

You agree to defend, indemnify and hold harmless MadJock officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

10.1) Your use of and access to the MadJock Service;

10.2) Your violation of any term of these Terms of Service;

10.3) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or

10.4) Any claim that one of your Ratings and/or Reviews or Comments caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MadJock Service.

Only adults, who are at least eighteen (18) years of age, are eligible to use our service, whether for personal use or on behalf of a business. If you are an individual, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use. By using this service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and can abide by all of the terms and conditions set forth therein.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MadJock without restriction.

You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties' intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement between you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use.

These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws' provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. Courts at Mysore will have the exclusive jurisdiction. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. MadJock reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. MadJock reserves the right to seek all remedies available at law and in equity for violations of these Terms.

THIS SOFTWARE LICENSE AGREEMENT (the “Agreement”) is entered into between MadJock(Tark Innovation pvt Limited, having its registered Office at ‘Samaira Arcade’ #6,A1 Block, Vijaynagar 3rd Stage,Mysore 570030 (hereinafter referred to as “MadJock”, “Licensor”, “We”, “Our”), and Clients (hereinafter referred to as “Client”, “Licensee”, & “You”). MadJock hereby grants the license to right to use its MADJOCK Software Program (hereinafter referred to as “Software” & “License Program”) to the “Client”, and the client acknowledges and agrees to comply with all of these Terms and consent to the transmission of certain information during Activation and for internet-based features of the software. If you do not Accept and comply with these terms, you may not use the software or Features.

You will use the MADJOCK Software in a manner consistent with all local, states and Union regulations and laws. We reserve the right to suspend or cancel your access to any or all services provided by us when you are not in compliance to the terms of this agreement and/or we decide that your account has been inappropriately used.

This agreement applies to the most recent release of MadJock Softwareprogram. MadJock Software(hereinafter referred as Software) is a one stop solution for retailers to manage their in-store and online business. It is a cloud based platform/solution to manage products inventory, purchases, suppliers, sales and customers. You will be able to use this software for the purposes of setting up your store virtually and starting your online business. This Software has the features through which you yourself can set up your store virtually, add & delete the products, access to Dashboard, manage inventory & purchases of your store, print your own barcode. This software is available on website as well as on mobile app. In this software you have the option of choosing the features which you want to use and pay only for those features as agreed between parties. This software will be accessible on website as well as on compatible mobile devices. The software accessible on compatible mobile devices will be available with limited features for its proper, easy and smooth functioning.

This agreement only gives you rights to use the software as per the features obtained and fee paid by you. You may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. Clients are hereby granted, non-exclusive, right and license to use the software program or the rights as granted under this agreement. You may only use the software on a single computer at one time and may do so only via a user interface connected directly to said single computer and not in any manner over a network, regardless of whether said network is a wide area network (WAN) or a local area network (LAN). You may NOT distribute copies of or documentation of the software to others. THE ACTUAL SOFTWARE PROGRAM COMPONENTS REMAIN THE PROPERTY OF MADJOCK. You may not sell, lease, rent, or otherwise distribute and/or sub-license the Software, including the manuals and documentation of same, to another person at any price. It is illegal to make copies of the Software Program, or Components. The Software Program and Components are protected by the copyright laws pertaining to computer software. It is illegal to give copies of the Software Program, Components and Modules, or manuals and documentation of same to another person, or to duplicate the Software Program or Components and Modules by any other means, including electronic transmission. Software contains trade secrets and in order to protect such trade secrets you may not decompile, reverse engineer, disassemble, or otherwise reduce software program to human perceivable form. You may not modify, adapt, translate, rent, lease, or create derivative works based upon software program or any part thereof.

Upon execution of this Agreement, You are granted right to use the software in accordance with the terms of this Agreement.

Effective use of software provided by us presumes a certain degree of knowledge and skill on the part of the Client. We will not be held responsible for your inability to use our software due to your lack of the requisite knowledge and skills.

6.1) The software is licensed, not sold. Under this agreement, we grant you the right to install and run one copy of software only on one computer with which you acquired the software, for use by one person at a time, but only if you comply with all the terms of this agreement. You may not make the software available for simultaneous use by multiple users. MadJock grants you the license to right to use the software only upon the receipt of license fees as determined by MadJock from time to time. The necessary instructions for operating the software are mentioned in the user manual available in the software after successful login.

6.2) The components of the software are licensed as a single unit. You may not separate or virtualize the components and install them on different computers. MadJock does not give permission for installation of the software on a server or for use by or through other computers or devices connected to the server over an internal or external network. You may not, however, transfer or sublicense the Licensed Programs to any third party, in whole or in part, in any form, whether modified or unmodified.

6.3) MadJock m a y u s e commercially reasonable efforts to provide corrections to Software error. Any other upgrades or enhancements to the Software are not made available by MadJock as part of this agreement and may be subject to additional charges.

7.1) MadJock grants you the license of MadJock Software program only upon receipt of license fee as determined by MadJock, from time to time , in according to the terms of this Agreement. MadJock grants the two types of licenses of its software program to the Clients, as described below:

7.2) Your are hereby granted the non-exclusive, right and license to use the software program, the rights as granted under this agreement subject to the payment of the license fees.

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

9.1)In consideration of MadJock providing the Product and Service as specified in this agreement, you shall make the payment of fee as per the invoice issued to you from time to time. The terms of invoice shall prevail over the terms of this agreement.

9.2) Your right to use the Product and Service is limited to the license period. You may have the option to extend your Service upon paying of the requisite fees. If you extend your service, you may continue using the Product and Service until the end of your extended service period. After the expiration of the period, Product and Service will stop running on your computer.

9.3) MadJock shall make best efforts to install & activate the product and services from the date of receipt of fee into its bank account (subject to delay due to technical malfunctions). However MadJock will not be liable in any manner for any delay in activating your contract.

9.4) You agree to pay the fee as specified in invoice copy. You can pay the fee, either by way of upfront payment (payment of entire fee), or by way of the easy instalments payment options as available. If You opts to pay the fee/consideration by paying instalments, under such payment schemes, the You shall be liable to pay to MadJock the SERVICE FEES (including applicable Tax), at the time of registration and the balance payment can be paid through the various payment modes such as ECS (Electronic Clearing Service); CCSI (Credit Card Standing Instruction) & NACH (National Automated Clearing House). It is hereby clarified that the services shall only be activated once the first ECS/ CCSI/ NACH payment is credited on MadJock's account as per the payment plan or the payment as received for the services/products as availed. Under no circumstances shall MadJock be liable to make any refund of any amount as paid by You on account of deactivation/non-activation of services due to non-receipt of any payment through ECS/ CCSI/ NACH/Cheques etc.. MadJock reserves the right, at its sole discretion, to change, modify and amend the Terms pertaining to the activation of your services at any time by publishing the amended Terms on our portals at https://www.MadJock.com/Terms-of-Use/Service-for-Listing- Services with or without notice to you. You are advised to check the Terms at regular interval to received uninterrupted services. MadJock does not encourage/prefer that payments be made in cash. Any cash payments made by you, shall be at your sole risk, without any recourse to MadJock.

9.5) In the event, if you fail to make any installments in time and as per the payment plan chosen by You, MadJock may, in its sole discretion, suspend the services until necessary payments are made by you. The right of MadJock to suspend the Service shall be without prejudice to MadJock’s right to terminate the agreement, without any further notification vi) MadJock shall be allowed to terminate the right to use the service to a particular licensor for non-payment of fees, for noncompliance, with any applicable rules, regulations or agreements regarding the use of the service or with applicable laws or regulations, or to exercise other remedies allowed at law or in equity. MadJock will notify you of any such instance including the name of licensor and reason for termination. vii) If any cheques are dishonored due to insufficient of funds, MadJock may present the cheques before the banks until the cheques are honored or till the validity of cheques. You shall not raise any objection in this regards and also shall be responsible for any/all liability, if any incurred. Further you acknowledge that any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881. You shall also be liable to pay interest @18 % per annum during that period.

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

MadJock will issue an invoice to you containing, inter-alia, the following details: (a)Clients details (b)License Fees (c)Description of the features of Software. (If required) (d)Type of access chosen by you (either website or App or both) ( If required )

MadJock is entitled to levy you for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services. You shall pay the said taxes and charges promptly without raising any objections. You also agree that in the event the said taxes and charges are not charged by MadJock the taxes shall be paid by you directly to the authorities concerned without raising any objection. You further agree that the taxes and charges payable under this Clause is in addition to the license fee paid by You for the Services rendered by MadJock. The Taxes would include Service Tax & VAT ( Value Added Tax) or other taxes as applicable.

ALL license Fee paid by you to MADJOCK are final and non-refundable. Until you terminate this Agreement, as specified in this agreement, you are responsible for paying the fee, regardless of whether you use Software or not.

MadJock shall not be liable for any loss or damage resulting from non-performance by MadJock or its suppliers under this Agreement or from any delay in delivery of the software due to fire, labour unrest or strikes, delays in transportation or shipping, acts of God, war, acts of a public enemy, accident, or any other cause or causes beyond the control of MadJock.

This software is available on website as well as on mobile app and in this software you have the option to host your data anywhere in the world. However your devices or computer resources should be compatible with the MADJOCK software. If your devices or computer resources does not sync with the MADJOCK software, and causes any error or any loss or damage resulting from non-performance software, MadJock shall not be liable for any reason whatsoever.

16.1) MadJock will use commercially reasonable efforts to make available MadJock Support Center on Monday through Friday, during MadJock's normal business hours, excluding MadJock's scheduled holidays. MadJock will provide you all the customer and technical support via telephone hotline support or through support@MadJock.com. However our support services shall be limited to providing matter pertaining our software under this agreement not otherwise.

16.2) We shall not provide technical support for any third party products/software of any kind, incorporated by you into the website. We will use all commercially reasonable means to resolve your issues in this Agreement.

16.3) MadJock will have no obligation to provide Maintenance Services for any Software that are damaged, modified (by anyone other than MadJock), incorporated into other software, or installed in any computing environment not supported by MadJock software program; or for any version of a software program other than the latest and immediately preceding version; or for any problems caused by your negligence, abuse, misuse, or by any causes beyond MadJock's reasonable control.

This agreement is non-transferable or non-assignable by the Client without the prior written consent of MadJock.

MadJock will not be liable for any costs incurred as a result of Client, for any reason, employing the services of a third party consultant or other technical personnel.

MadJock reserves the right to increase/raise the license fees of Software, at its discretion. The license fees will only become effective upon renewal of the order. For clarity, additional purchases of the software/ other features will be subject to the new pricing.

You represent and warrant that

20.1) You would be solely responsible and liable for the information uploaded, edited, modified in the Software provided by MadJock.

20.2) You shall be solely responsible and liable for any dispute arising out of your usage of our services.

20.3) You acknowledge and confirm that you will be subject to the rules, guidelines, policies, terms, and conditions applicable to the MADJOCK. MadJock reserve the right, at its discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you.

20.4) You undertake to provide a copy of the licenses/ registrations (in case of corporate body) including but not limited to valid Identity proofs such as ration card, adhar card, voter id card and residential proofs such as electricity bill, telephone bill etc., (in case of individual) required to use our services.

20.5) You acknowledge that any breach of the covenants set forth here may be a cause for termination of your service by MadJock, at its sole discretion.

20.6) You agree that at all times, you will maintain appropriate records relating to the usage of our services and shall allow MadJock/ Government, /statutory authorities and any other appropriate entities to examine, inspect, audit and review all such records and any source document pertaining to the services.

20.7) You hereby undertake to upload the terms and conditions on your website which will be applicable to the user of your websites who visit you website for any purposes including but not limited to buys the product/s or avails the services whether online or otherwise.

20.8) You shall ensure and take all appropriate security measures to prevent unauthorized disclosure and/or access of any details such as user ids, passwords, sensitive personal information or any other information of any end-customers/ Customers, third party which are obtained by you in any manner whatsoever.

20.9) You shall make available any and all customer assistance channels to assist and guide the endcustomers/ Customers using your services and respond to any queries and address any issues that may arise in using MadJock services.

20.10) You shall cooperate with MadJock and render assistance to it for connecting the respective MADJOCK systems of the Parties.

20.11) You shall take all such precautions and measures to ensure that there is no breach of security. You shall work upon developing and implementing various security mechanisms at your own cost and ensure that there are proper encryption and robust security measures to prevent any hacking into the information and other data store on your computer system.

20.12) You acknowledge that responsibility for all content provided by you to MadJock for the performance of the Services or otherwise included in the Website is the sole and exclusive responsibility of yours and that MadJock will not be held responsible in any way for any copyright infringement or violation, or the violation of any other person’s rights or the violation of any laws, including but not limited to infringement or misappropriation of copyright, trademark or other property right of any person or entity, arising or relating to the Content.

20.13) You before providing the services to the end user through (MADJOCK), shall be liable to check VAT/any other tax rates applicable on each and every product sold or services provided by you. MadJock shall not be liable for any error in any VAT/any other tax rates in the services provide through MADJOCK.

20.14) MadJock shall not be liable to update any changes in the VAT/any other tax rates in MADJOCK. You shall be liable to update the VAT/ any other tax rates from time to time as per applicable laws on the products sold or services provided by you.

20.15) You acknowledge and agree that we may elect at its sole discretion to monitor the Content. We shall have the right, but not the obligation, to remove the content which is deemed, in our sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law.

20.16) You agree to use the Services for legal purposes only. In the event that we become aware or reasonably believe, in its sole discretion, that the Services is being used for illegal purposes, we shall immediately terminate the Agreement and the Services as per our discretion, without notice, in addition to any remedies to which it (MadJock) may be entitled under law.

20.17) Any attempt to undermine or cause harm to a server of ours is strictly prohibited. This includes, but is not limited to, attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your server, or anything that causes server malfunction. Failure to comply is subject to immediate account deactivation without refund.

20.18) On the receipt of payment MadJock grants you the right/access to install and run one copy of the MADJOCK only on one computer/PC. For a single license You will use/install MADJOCK only in one outlet and if you intent to utilize MADJOCK for your another/additional outlet then you will have to make additional payment for availing MADJOCK on the price/charges determined by MadJock from time to time.

You acknowledge that you are not acquiring title to or any interest in any software other than right to use the Software. Your right to use the software is conditioned upon your timely payment of the full amount of Fees due for the software program and your compliance with the terms of this agreement, including the following restrictions. When the Term expires, your rights to use the software also expire and you may no longer use the software program.

Client will not make any unauthorized, false, misleading, or illegal statements in onnection with this Agreement or regarding the Software program. Client will not make any representations or warranties concerning the Software on behalf of MadJock.

21.1) This software is available to you “as-is whereas basis." You bear the risk of using it. MadJock gives no express warranties, guarantees or conditions. MadJock will make all reasonable efforts to provide uninterrupted access subject to down time and regular maintenance. However, notwithstanding anything in this Agreement, you acknowledge that MadJock and its business partners disclaim all warranties including but not limited to express or implied, written or oral. MadJock shall not be responsible or liable if any unauthorized person hacks into or gains access to your website. In addition MadJock shall not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data or business; interruption or stoppage to the access to and/or use of our service; interruption or stoppage of services etc. MadJock does not warrant that services will be provided uninterrupted or free from errors or it is free from any virus or other malicious, destructive or corrupting code, program or macro. No advice or information, whether oral or written, obtained by you from MadJock or through or from MadJock shall create any warranty. MadJock shall have no liability in this respect.

21.1) MadJock’s sole obligation and the your sole and exclusive remedy in the event of interruption services, or loss of use and/or access to service, shall be to use all reasonable endeavors to restore the Services as soon as reasonably possible.

22.1) EXCEPT FOR THE ABOVE WARRANTY, THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES ARE PROVIDED "AS IS WHEREAS BASIS". THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES IS ASSUMED BY CLIENT. NEITHER MADJOCK, NOR AGENTS OF MADJOCK, NOR THE CREATORS OF THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES, WARRANT OR GUARANTEE THE RESULT TO BE OBTAINED WITH THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES IN TERMS OF CORRECTNESS, RELIABILITY OR LEGALITY. THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF THE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

22.2) THE LIABILITY OF MADJOCK OR ANY AGENT OF MADJOCK OR ANY CREATOR OF THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES UNDER THE LIMITED WARRANTY SET FORTH ABOVE SHALL BE LIMITED TO AND NOT EXCEED THE AMOUNT PAID BY CLIENT FOR THE PROGRAM SOFTWARE MEDIA AND RELATED SOFTWARE AND MATERIALS. IN NO EVENT SHALL MADJOCK, OR ANY AGENT OF MADJOCK, OR ANY CREATOR OF THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES, BE LIABLE FOR ANY LOSS OF PROFITS OR ANY OTHER DAMAGES INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CLIENT.

You shall defend, indemnify, and hold harmless MadJock, its officers, employees, agents, Representatives from and against any claims, liability(ies), demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses incurred or suffered by MadJock (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or in relation to or in connection with: i) breach of any provision of this Agreement or non-performance of any of its obligations under this Agreement by you; or ii) anything done or omitted to be done by you due to gross negligence, willful default or willful misconduct you or any of your officers, directors, employees or agents. iii) or resulting from Your business operations or use of Software provided by MadJock.

24.1) The license granted hereunder shall continue subject to payment of license fees as prescribed by MadJock, time to time or unless and until terminated pursuant to Clause .

24.2) hereof and subject to Licensee's proper performance of its obligations hereunder.

24.3) MadJock has the right to terminate this Agreement upon any material breach of terms and conditions by you. In the event of termination by client for any reason, MadJock will not refund the amount paid by you. On termination you shall forthwith return or destroy all data, information and software program and its updated versions, and provide written intimation of the same to MadJock.

24.4) You agree that any breach of one or more provisions of this Agreement that threatens to, or causes MadJock substantial harm is a material breach. Furthermore, any breach of the confidentiality, or non-competition provisions by you, or failure to make payments, shall be considered material breaches. Furthermore, any conduct or negligence that adversely affects the business or good will and brand name of MadJock will be considered a material breach, MadJock under such circumstances shall terminate the agreement without any further notice.

24.5) Upon termination of this agreement, MadJock shall retain all proprietary technology and services provided to you, and shall render inoperable all Subscriber websites and software after allowing for a commercially reasonable and orderly transition by you. Each Party shall return or destroy all originals and copies of any Confidential Information of the other Party regarding this agreement.

25.1) The following content and activities may not be displayed or promoted by you and any person on your behalf nor Associated in any way with the Client's account or MadJock's services. MadJock shall be the sole arbiter as to what constitutes violation of this provision.

25.2) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that belongs to another person and to which the user does not have any right to;

25.3) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

25.4) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that infringes any patent, trademark, copyright or other proprietary rights; or that violates any law for the time being in force;

25.5) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

25.6) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

25.7) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information/contents on the website that promotes any illegal or prohibited activity.

25.8) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that may be damaging to MadJock's servers or to any other server on the Internet.

25.9) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that promotes or sale of unsolicited or bulk email (SPAM) software or services or unsolicited or bulk e-mail or group posts (SPAM) which references and/or is traceable to MadJock and/or any Client in any way.

25.10) Your sending any promotional emails/sms to your consumers and MadJock assumes no responsibility, liability including but not limited to the issues arising in connection with your customers being registered in DO NOT CALL/ DND registry with the Telecom Regulatory Authority of India.

25.11) You and any person on your behalf must vigilantly comply with all applicable law, including, without limitation to, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made thereunder.

25.12) You and any person on your behalf shall not, knowingly or intentionally conceal, destroy or alter or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer program, computer system or computer network of MadJock, without the permission of MadJock.

25.13) You and any person on your behalf shall not, fraudulently or dishonestly, make use of the electronic signature, password or any other unique identification feature of any other person and you shall not misuse the computer resource of MadJock, without it permissions, and further shall not use the said devices for cheating by personating.

25.14) You and any person on your behalf shall not access or use of an Internet account or computer resources without the owner's authorization and further shall not download, copy or extract any data, computer data base or information from such computer network in any manner whatsoever;

25.15) You and any person on your behalf shall not introduce or causes to be introduced any computer contaminant or computer virus into any computer system or computer network and damages or causes to be damaged any computer system or computer network, data, computer data base or any other programs residing in such computer system or computer network.

25.16) You and any person on your behalf shall not, disrupt or causes disruption of any computer, computer system or computer network or denies or causes the denial of access to any person authorized to access any computer system or computer network by any means.

25.17) You and any person on your behalf shall not, destroy, delete or alter any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means and steel, conceal, destroy or alter or cause any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage.

25.18) You agree that you and any person on your behalf shall not indulge or conspired, in any manner whatsoever in the aforesaid illegal activities. MadJock shall have the right, but not the obligation, to remove the Content which is deemed, in MadJock’s sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law. You may not copy or use any Software program in any manner that is not expressly allowed under this agreement; You may not use our Software program or its output to develop or enhance any product that competes with a MadJock software; You may not disclose the results of any benchmarking of a Software program (whether or not the results were obtained with assistance from MadJock) to any third party; or You may not use a Software program in the development of any product if the failure or malfunction of that product could reasonably be expected to result in personal injury, death, or catastrophic loss. You are prohibited to use, publish, email, reproduce, disclose, furnish, reveal, communicate, transfer or make accessible to any other person for any purpose any information that you encounter, acquire or learn about in connection with this agreement and MadJock has not given you written authorization to disclose or made available to the public, except as needed in the course of and for the benefit of the client. You are not indulging in any kind of piracy of software and also unauthorized, copying, downloading, sharing, selling, distribution or installing multiple copies onto personal or work computers of copyrighted software. You hereby expressly agree that you shall not directly or indirectly host, display, upload, publish, transmit, or deal in the "BANNED PRODUCTS & SERVICES" at any time during the tenure of this Agreement. Without prejudice to the MadJock’s other rights & privileges, you bind yourself unequivocally to be solely liable for, including but not limited to, any legal actions and suits, and to make good to MadJock immediately upon demand damages suffered by MadJock directly or owing to claims by any third party, levy of assessment fees or fines, penal actions taken by Card Associations, the Banks, the RBI and any other statutory or competent authorities for any breach of any terms of this Agreement.

You are strictly prohibited from installing any third party software on our program without the express written authorization of MadJock. In the event that you install third party software on MadJock’s servers without the express written authorization of MadJock, MadJock at its discretion shall have the right to terminate the Services without any notice.

27.1) All contents stored by you shall at all times remain the property of yours. You grant to MadJock nonexclusive, world-wide license to the content for the purposes of analytics and reporting or any other related purposes.

27.2) MadJock uses the information it collects through the MADJOCK to upgrade or secure its Services. Additionally, you agree that MadJock may use and disclose the information and you would be deemed to have given your consent to contact you for any business promotion of MadJock and its affiliates.

During the term of this Agreement, and for a period of 2 (two) years after the termination of this Agreement, You agree not to develop or create any program of its own that is comparable in functionality or would compete with MadJock’s service in any way. You shall not directly, or through third person(s) or entity(s), attempt to develop, engineer, reverse engineer, create or re-create, any service that is comparable in functionality or concept with our service as outlined in this agreement. You shall not decompile, disassemble, or reverse engineer MadJock Materials or attempt to discover source code or other information concerning MadJock Materials including, without limitation, its design. You will not create any derivative work, program or product based on, or derived from MADJOCK, or use any information learned from MADJOCK to create any other program or product. You will not allow, encourage, facilitate, or assist any third party to do anything. You would be precluded from doing under this provision.

You shall not disclose to any third party or use, except in connection with the performance of Services hereunder, any confidential information of MadJock’s business (“Confidential Information”) in the course hereof.

Confidential Information shall include;

Not with standing the forgoing, in the event MadJock receives a validly issued administrative or judicial order, notice, warrant or other process that requires MadJock to share/disclose the confidential information then it shall be free to disclose all or part of the Confidential Information or is otherwise required to disclose any Confidential Information in order to comply with any law.

Client has taken adequate encryption and security measures to maintain its computer resources secured under this agreement. You must ensure that you use the software through a secure network that requires a protective security safeguards. You shall comply with the security standards, as prescribed by the governments and implements the security management and procedures, network architecture, software design, and other critical protective measures to protect data and information.

MadJock will exercise no control whatsoever over the content of the information passing through the network, email or website.

MadJock may audit (using its own employees and those of an independent auditing firm that is subject to appropriate confidentiality obligations) your use of the Software and Documentation to verify your compliance with this agreement. You agree to give MadJock (or the auditing firm) reasonable access to your facilities and records for purposes of conducting these audits. MadJock will give you reasonable advance notice before conducting an audit. Audits will be conducted during normal business hours and no more than once per year, unless MadJock has a good-faith basis for believing that more frequent audits are warranted. MadJock will bear all the costs it incurs (including the fees and expenses of the auditing firm, if any) in conducting an audit, unless the audit reveals that you have failed to comply with this agreement in a material way, in which case you agree to reimburse MadJock for these costs, in addition to other damages.

This Software is owned by MadJock and is subject to protection under the copyright, patent and trademark laws of the India and other countries. You shall not have any right to use or reproduce in any manner any intellectual property owned by MadJock, including any trademarks, trade names, logos etc. ii) MadJock owns and retains all ownership and proprietary rights relating to services and its programming architecture, including, but not limited to, HTML code, program code, graphical code, design, technique, and all proprietary rights in the Services and all software code and content relating to the Services etc.. This Agreement does not transfer, sell, assign, or entitle you to any of our source codes, programming documentation, or trade secrets except as provided in the this Agreement. During the term of this Agreement, MadJock grants you, a right to use our services in connection with the use and maintenance of our service, consistent with the terms of this Agreement. While availing the Products and Services of MadJock, Clients hereby grants MadJock the royalty-free, irrevocable, non-exclusive, right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, sublicense, create derivative works from, transfer, your contents and/or any other proprietary right to the site (in whole or part) worldwide and/or to incorporate your contents and/or any other proprietary right in other works in any form, media, or technology whether now known or later developed.

34.1) No Guarantee of Business: MadJock does not guarantee that by installing and using of this software, your business/profit will increase.

34.2) No Marketing: MadJock is not obliged and does not promote you business. MadJock’s obligation under the Contract is limited to the obligations of providing access to software upon the receipt of requisite payment from your end.

34.3) Entire Agreement: This Agreement constitutes the entire Agreement and understanding between the Parties, and supersedes any previous agreement or understanding or promise between the Parties, regarding the Software.

34.4) Supersession- This Agreement supersedes all prior agreements and understandings (whether written or oral) between MadJock and the Clients, or any of them, with respect to the subject matter hereof.

34.5) Amendment – MadJock is entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to You. It shall be Your sole responsibility to visit MadJock Website and update himself / herself of the changes to the Terms of Service.

34.6) Severability: If any provision of this Agreement is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions of this Agreement unlawful or otherwise ineffective, the remainder of this Agreement shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.

34.7) Waiver: Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

34.8) Survival of Provisions: The terms and provisions of this Agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this Agreement.

34.9) Force Majeure: MadJock shall not be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, hacking, virus prone, technical glitch, defacement, sabotage, stoppage of display or transmission of the website, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control.

34.10) Arbitration: In the event a dispute arises between the parties under this AGREEMENT, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 30 (thirty) days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Mysore. The arbitration shall be conducted by a sole arbitrator to be appointed by MadJock at its sole discretion. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.

34.11) Assignments: You shall not assign, in whole or in part, the benefits or obligations of this Agreement unless otherwise mutually agreed in writing.

34.12) Notices: All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the addresses as mentioned in the title to this document. Notices may also be sent through emails.

34.13) Non-Exclusive Right: It is expressly agreed and understood between the parties hereto that this Agreement is on a non-exclusive basis and MadJock is free to provide similar services to third party.

34.14) Governing Law and Jurisdiction: This AGREEMENT shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mysore, India.

This Hosting Services Agreement (hereinafter referred to “Agreement”) is by and between Tark Innovation Pvt Limited having its registered office at ‘Samaira Arcade’ #6,A1 Block, Vijaynagar 3rd Stage,Mysore 570030 (hereinafter referred to “MadJock”, “We” & “Us”) and clients (hereinafter referred to “Our”, “You” & “your”) that describes your rights and obligation to use the our hosting services (hereinafter referred to “Service”). This Agreement sets forth the terms and conditions of your use of Hosting services (the “Services”), and represents the entire agreement between you and MadJock concerning the subject matter hereof. Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, and any other agreements or policies that are expressly incorporated herein. We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use the Services. We assume no liability or responsibility for your failure to receive a notification.

Client will use MadJock services in compliance with all regulations, laws and terms applicable to Client, including those of MadJock and of Servers locations.

Upon execution of this Agreement, You are granted right to use the service in accordance with the terms of this Agreement.

3.1) Effective use of services provided by us presumes a certain degree of knowledge and skill on the part of the Client. We will not be held responsible for your inability to use our services due to your lack of the requisite knowledge and skills.

3.2) Client is solely responsible of managing and backing up his site and keeping his software scripts secure and up-to-date.

3.3) MadJock is responsible to implement Hosting Servers corresponding to the description of the Hosting services provided to the Client. MadJock is free to choose its implementation technology, methods and Server and services locations, including abroad or using foreign services and contractors in third countries.

3.4 Also further adaptations and extensions are at MadJock's sole discretion. MadJock is not responsible for the security or proper function of software installed by Client, even if they are installed with MadJock tools.

MadJock agrees to host and maintain your website on its server(s), as outlined in this Agreement. MadJock on best effort basis will take all reasonable precautions to implement data backup services on the data stored in your websites. MadJock agrees to monitor hosting services and make sites available to Internet users. However, MadJock is not responsible for unintentional damages or loss, either incidental or direct, caused by a loss of your information.

You shall acquire and maintain the Internet Protocol address and corresponding domain names for your website. MadJock may help you in obtaining the domain names and Internet Protocol address and maintaining the same at additional cost decided by MadJock from time to time. MadJock shall execute the actions necessary to establish the address of your website, or to delete the address in the event your relationship is terminated or website cancelled in accordance with the rules, and regulations related to the Product.

In consideration of MadJock providing the Hosting Service as specified in this agreement, you shall make the payment of Subscribtion Service fee, as per the invoice issued to you from time to time. The terms of invoice shall prevail over the terms & conditions mentioned under this agreement. Your right to use the Subscriptions service will be rinewed as and when required. You may have the option to extend your service on paying of the fees. If you extend your service, you may continue using the service until the end of your extended period. After the expiration of your period, Service will stop. MadJock reserves its right to charge the additional fees for the service, at any time, at its sole discretion, and the same shall be notified to client, in advance. You agree to pay the fee as specified in invoice copy.

You may opt to pay the fees through:
(i) Cheque; (ii) Demand Draft; (iii) RTGS (Real Time Gross Settlement); (iv) ECS (Electronic Clearing Service); and (v) CCSI (Credit Card Standing Instruction).

MadJock does not encourage/prefer that payments be made in cash. Any cash payments made by you, shall be at your sole risk, without any recourse to MadJock. In the event, if you fail to make any payment in time and as per the payment plan chosen by You, MadJock may, in its sole discretion, suspend your services until necessary payments are made by you. The right of MadJock to suspend the Service shall be without prejudice to MadJock’s right to terminate the agreement, without any further notification. MadJock shall be allowed to terminate the right to use the service for non-payment of fees, for non-compliance, with any applicable rules, regulations or agreements regarding the use of our services or with applicable laws or regulations, or to exercise other remedies allowed at law or in equity. MadJock will notify you of any such instance including the name and reason for termination. If any cheques are dishonored due to insufficient of funds, MadJock may present the cheques before the banks until the cheques are honored or till the validity of cheques. You shall not raise any objection in this regards and also shall be responsible for any/all liability, if any incurred. Further you acknowledge that any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881. You shall also be liable to pay interest @18 % per annum during that period.

You shall be entitled to pay all the taxes and charges (now in force or enacted in future), if any applicable or may be imposed on the said Services. You shall pay the said taxes and charges promptly without raising any objections.

MadJock will provide support related to problems with the Hosting functions of its Servers (at the discretion of MadJock) during regular business hours through support@MadJock.com. Support not related to core Hosting functions problems might be charged to Client at applicable rates.

MadJock will exercise no control whatsoever over the content of the information passing through the network, email or Website.

10.1) You shall be solely responsible for undertaking measures to:

10.2) Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Services as:

You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Services.

All Web Hosting and Hosting plans, including the unlimited plans, are subject to a limitation prescribed by MadJock time to time. In the event these limitations are exceeded, your site may slow down or not be served until more resources are added. More resources may be added for additional fees.

MadJock relies on e-mail as the primary means of notifying Clients of important system news, problems with Clients' accounts or usage of those accounts, billing problems, etc. Any notifications will be e-mailed to Client domain's primary e-mail address and/or to the contact e-mail address provided by Client upon application for services. Client agrees to monitor these e-mail addresses on a regular basis and to respond promptly, if required, to any notifications. Client notifications to MadJock should be made using MadJock's portal.

Client bears all responsibility for ensuring effective cancellation of Client account. This responsibility includes providing effective and verifiable notification to MadJock of Client's desire to cancel an account. This responsibility shall not be waived or modified by Client in any way at any time subsequent to the submission by Client of an application for MadJock account. MadJock will implement without further notification.

MadJock reserves the right to refuse or cancel service at MadJock's sole discretion, with or without reason, with or without warning, and without indemnification.

Any attempts to undermine or cause harm to any server is strictly prohibited. This includes, but is not limited to attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your Server, or anything that causes Server malfunction. Failure to comply is subject to immediate account deactivation.

Client can use the resources of MadJock in a reasonable way, which doesn't disadvantage other clients of MadJock. MadJock will be the sole arbiter as to what constitutes a violation of this provision. Failure to comply is subject to immediate account Deactivation.

We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software solely as part of the Services. You may not use the Third-Party Software outside of the Services. We may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party providers (or their affiliates or suppliers).

You represent and warrant that:

19.1) You would be solely responsible and liable for the information uploaded, edited, modified in the software provided by MadJock.

19.2) You shall be solely responsible and liable for any dispute arising out of your usage of our products and services.

19.3) You acknowledge and confirm that you will be subject to the rules, guidelines, policies, terms, and conditions applicable to the services/product. MadJock reserve the right, at its discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you.

19.4) You undertake to provide a copy of the licenses/ registrations (in case of corporate body) including but not limited to valid Identity proofs such as ration card, adhar card, voter id card and residential proofs such as electricity bill, telephone bill etc., (in case of individual) required to use our products and services.

19.5) You acknowledge that any breach of the covenants set forth here may be a cause for termination of your service by MadJock, at its sole discretion.

19.6) You agree that at all times, you will maintain appropriate records relating to the usage of our services and shall allow MadJock/ Government, /statutory authorities and any other appropriate entities to examine, inspect, audit and review all such records and any source document pertaining to the services.

19.7) You hereby undertake to upload the terms and conditions on your website which will be applicable to the user of your websites who visit you website for any purposes including but not limited to buys the product/s or avails the services whether online or otherwise.

19.8) You shall ensure and take all appropriate security measures to prevent unauthorized disclosure and/or access of any details such as user ids, passwords, sensitive personal information or any other information of any end-customers/ Customers, third party which are obtained by you in any manner whatsoever.

19.9) You shall make available any and all customer assistance channels to assist and guide the end-customers/ Customers using your services and respond to any queries and address any issues that may arise in using MadJock products and services.

19.10) You shall cooperate with MadJock and render assistance to it for connecting the respective software systems of the Parties.

19.11) You shall take all such precautions and measures to ensure that there is no breach of security. You shall work upon developing and implementing various security mechanisms at your own cost and ensure that there are proper encryption and robust security measures to prevent any hacking into the information and other data store on your computer system.

19.12) You acknowledges that responsibility for all content provided by you to MadJock for the performance of the Services or otherwise included in the Website is the sole and exclusive responsibility of yours and that we will not be held responsible in any way for any copyright infringement or violation, or the violation of any other person’s rights or the violation of any laws, including but not limited to infringement or misappropriation of copyright, trademark or other property right of any person or entity, arising or relating to the Content.

19.13) You acknowledge and agree that we may elect at its sole discretion to monitor the Content and your activities on the Website. We shall have the right, but not the obligation, to remove the content which is deemed, in our sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law.

19.14) You agree to use the Services and the Website for legal purposes only. In the event that we become aware or reasonably believe, in its sole discretion, that the Website is being used for illegal purposes, we shall be entitled to immediately terminate the Agreement and the Services without notice in addition to any remedies to which it may be entitled under law.

20.1) The following content and activities may not be displayed or promoted by you and any person on your behalf nor Associated in any way with the Client's account or MadJock's services. MadJock shall be the sole arbiter as to what constitutes violation of this provision.

20.2) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that belongs to another person and to which the user does not have any right to;

20.3) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

20.4) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that infringes any patent, trademark, copyright or other proprietary rights; or that violates any law for the time being in force;

20.5) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

20.6) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

20.7) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information/contents on the website that promotes any illegal or prohibited activity.

20.8) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that may be damaging to MadJock's servers or to any other server on the Internet.

20.9) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that promotes or sale of unsolicited or bulk email (SPAM) software or services or unsolicited or bulk e-mail or group posts (SPAM) which references and/or is traceable to MadJock and/or any Client in any way.

20.10) MadJock assumes no responsibility, liability including but not limited to the issues arising in connection with your customers being registered in DO NOT CALL/ DND registry with the Telecom Regulatory Authority of India.

20.11) You and any person on your behalf must vigilantly comply with all applicable law, including, without limitation to, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made thereunder.

20.12) You and any person on your behalf shall not, knowingly or intentionally conceal, destroy or alter or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer programme, computer system or computer network of MadJock, without the permission of MadJock.

20.13) You and any person on your behalf shall not, fraudulently or dishonestly, make use of the electronic signature, password or any other unique identification feature of any other person and you shall not misuse the computer resource of MadJock, without it permissions, and further shall not use the said devices for cheating by personation.

20.14) You and any person on your behalf shall not access or use of an Internet account or computer resources without the owner's authorization and further shall not download, copy or extract any data, computer data base or information from such computer network in any manner whatsoever;

20.15) You and any person on your behalf shall not introduce or causes to be introduced any computer contaminant or computer virus into any computer system or computer network and damages or causes to be damaged any computer system or computer network, data, computer data base or any other programmes residing in such computer system or computer network.

20.16) You and any person on your behalf shall not, disrupt or causes disruption of any computer, computer system or computer network or denies or causes the denial of access to any person authorised to access any computer system or computer network by any means.

20.17) You and any person on your behalf shall not, destroy, delete or alter any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means and steel, conceal, destroy or alter or cause any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage.

20.18) You agree that you and any person on your behalf shall not indulge or conspired, in any manner whatsoever in the aforesaid illegal activities. MadJock shall have the right, but not the obligation, to remove the Content which is deemed, in MadJock’s sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law.

20.19) You are strictly prohibited from installing any third party software on our products and services without the express written authorization of MadJock. In the event that you install third party software on MadJock’s servers without the express written authorization of MadJock, MadJock at its discretion shall have the right to terminate the Services without any Notice.

You hereby expressly agree that you shall not directly or indirectly host, display, upload, publish, transmit, or deal in the "BANNED PRODUCTS & SERVICES" at any time during the tenure of this Agreement. Without prejudice to the MadJock’s other rights & privileges, you bind yourself unequivocally to be solely liable for, including but not limited to, any legal actions and suits, and to make good to MadJock immediately upon demand damages suffered by MadJock directly or owing to claims by any third party, levy of assessment fees or fines, penal actions taken by Card Associations, the Banks, the RBI and any other statutory or competent authorities for any breach of any terms of this Agreement, including the dealing in the Banned Products and Services.

21.1) The terms of this agreement is for the period of 5 (Five) years. This agreement may continue subject to the payment of hosting service fee as applicable, or until the termination of this agreement, as specified under this agreement.

21.2) This Agreement may also be terminated at any time by MadJock without assigning any reasons. MadJock has the right to terminate this Agreement and your right to use this service upon any material breach of terms and conditions by you.

21.3) This Agreement may be terminated by MadJock, upon your linking in the illegal, unlawful and prohibited activities prescribed under this agreement.

21.4) Upon termination of this agreement, MadJock shall retain all proprietary technology and services provided to you, and shall render inoperable all Subscriber websites and software after allowing for a commercially reasonable and orderly transition by you. Each Party shall return or destroy all originals and copies of any Confidential Information of the other Party regarding this agreement.

22.1) You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.

22.2) You acknowledge and agree that upon expiration or termination of your Services, you must discontinue use of the Services and relinquish use of the IP addresses and server names assigned to you in connection with Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, then all such content will be deleted and we will not be able to provide a copy of such content. iii) Upon termination of the Services, all free products provided as part of the Services will be cancelled or revoked.

23.1) MadJock maintains control and ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. Client shall keep the rights of ownership and use of his own domain name(s) even if Client changes MadJock. In case of disputes regarding authority over domain names, MadJock will follow industry standard practice of giving ultimate authority to the domain name registrant. MadJock maintain control and ownership of any copyright, proprietary and/or licensed software, scripts, programs, images, or other electronic data or media installed and or provided by MadJock.

23.2) All contents stored by you shall at all times remain the property of yours. You grant to MadJock non-exclusive, world-wide licence to the content only to the extent necessary for MadJock to host the website. MadJock uses the information it collects through the software features to upgrade or fix the software and otherwise improves the products and services. Additionally, You agree that MadJock may use and disclose the information and you would be deemed to have given your consent to contact you for any business promotion of MadJock and its affiliates.

24.1) Client is solely responsible for the content stored in his folders on MadJock's Servers and agrees that it shall defend,indemnify, save and hold MadJock harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against MadJock, its agents, its customers, officers and employees, that may arise or result from any content, service provided or performed or agreed to be performed or any product sold by Client, it's agents, employees or assigns.

Client agrees to defend, indemnify and hold MadJock harmless against liabilities arising out of;

24.2) Client shall defend, indemnify, and hold harmless MadJock, its officers, employees, agents, Representatives from and against any claims, liability(ies), demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses incurred or suffered by MadJock (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or in relation to or in connection with: breach of any provision of this Agreement or non-performance of any of its obligations under this Agreement by you; or anything done or omitted to be done by you due to gross negligence, willful default or willful misconduct you or any of your officers, directors, employees or agents, or resulting from Your business operations or use of Software provided by MadJock.

25.1)The service is available to you “as-is whereas basis." You bear the risk of using it. MadJock gives no express warranties, guarantees or conditions. MadJock will make all reasonable efforts to provide uninterrupted access and hosting services subject to down time and regular maintenance. However, notwithstanding anything in this Agreement, you acknowledge that MadJock and its business partners disclaim all warranties including but not limited to express or implied, written or oral. MadJock shall not be responsible or liable if any unauthorized person hacks into or gains access to your website. In addition MadJock shall not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data or business; interruption or stoppage to the access to and/or use of our service; interruption or stoppage of services etc. MadJock does not warrant that hosting services will be provided uninterrupted or free from errors or it is free from any virus or other malicious, destructive or corrupting code, program or macro. No advice or information, whether oral or written, obtained by you from MadJock or through or from MadJock shall create any warranty. MadJock shall have no liability in this respect. MadJock’s sole obligation and the your sole and exclusive remedy in the event of interruption services, or loss of use and/or access to service, shall be to use all reasonable endeavors to restore the Services as soon as reasonably possible.

25.2) MadJock's infrastructure has been designed to prevent and minimize damage risks. However, no insurance is given expressly or implied hereby, and any damages incurred by Client due to disruption of service (including loss of connectivity, Server outages, data corruption or loss) by MadJock or its provider or third parties is at Client's sole charge, and shall in all cases be expressly limited to the fees paid by Client to MadJock for services in the corresponding period and shall under no circumstances include reimbursement for losses of income or other consequential damages claimed by Client.

26.1) You agree that MadJock shall not be liable for any suspension or loss of the services, except to the limited extent that a remedy is provided under this agreement; interruption of business; access delays or access interruptions to the website(s) provided through or by the services; loss or liability resulting from acts of god; data non-delivery, mis-delivery, corruption, destruction or other modification; events beyond the control of the primary service Provider or backend service Provider; or loss or liability resulting from the unauthorized use or misuse of their account identifier or password.

26.2) MadJock’s aggregate liability arising from or relating to this agreement or maintenance, support or other service (regardless of the form of action or claim - e.g. Contract, warranty, tort, malpractice, and/or otherwise) will in no event exceed maximum amount paid by you to MadJock while availing MadJock’s service under this agreement.

26.3) MadJock will not in any case be liable for any Special, incidental, consequential, indirect or punitive damages even if MadJock has been advised of the possibility of such damages. MadJock is not responsible for lost profits or revenue, loss of use of our service, loss of data, costs of re-creating lost data, the cost of any substitute equipment or program, or claims by you.

You shall not disclose to any third party or use, except in connection with the performance of Services hereunder, any confidential information of MadJock business (“Confidential Information”) in the course hereof. Confidential Information shall include;

27.1) MadJock services and plans for the Website.

27.2) Specifications of MadJock services and any future development plans.

27.3) Concepts relating to MadJock service not disclosed from the operation of the Website.

27.4) Trade secrets of MadJock.

27.5) Information derived from providing the Services when Website is in operation, including but not limited to:

An item will not be considered to be confidential information if it is;

27.6) Proven to be already known to the recipient at the time of disclosure; or.

27.7) Produced in compliance with applicable law or a court order, provided you shall promptly notify MadJock so as to enable MadJock to seek a protective order or other appropriate remedy. You will return all the confidential information to MadJock within 30 (thirty) days from the expiry or the early termination of this agreement. The obligations contained in this Clause shall survive the termination of this Agreement. Notwithstanding the forgoing, in the event MadJock receives a validly issued administrative or judicial order, notice, warrant or other process that requires MadJock to share/disclose the confidential information then it shall be free to disclose all or part of the Confidential Information or is otherwise required to disclose any Confidential Information in order to comply with any law.

MadJock and Client will mutually keep the data private and not share or reuse the other party's data, and put in place all normal reasonable security measures to protect each other's data, including corresponding NDA agreements with employees and contractors. Client recognizes that MadJock can be required to provide data to legal authorities upon valid legal injunction, and to comply to such injunctions with or without Client's authorization or consent. Furthermore, Client understands there is no absolute security, and in order to limit consequences of any accidental exposure, Client agrees to not use the Hosting storage for data beyond the data required for the Hosting. Client authorizes MadJock to backup and archive the Servers on-site and off-site, including Client's data and Sites for the purpose of continuous Hosting operations, and to maintain Server logs required for MadJock's technical operations and legal compliance. This authorization does not imply that MadJock must make or keep such backups, archives and logs. In case of suspected unauthorized use, or complaint, MadJock can, but must not, inspect Client data and traffic for compliance check purposes, prior to his decision to take measures.

29.1) This service is owned by Tark Innovation Pvt Limited and is subject to protection under the copyright, patent and trademark laws of the India and other countries. You shall not have any right to use or reproduce in any manner any intellectual property owned by MadJock, including any trademarks, trade names, logos etc.

29.2) MadJock owns and retains all ownership and proprietary rights relating to its services and its programming architecture, including, but not limited to, HTML code, program code, graphical code, design, technique, and all proprietary rights in the Website and all software code and content relating to the Website, etc.. This Agreement does not transfer, sell, assign, or entitle you to any of our source codes, programming documentation, or trade secrets except as provided in the this Agreement. During the term of this Agreement, MadJock grants you, right to use our services in connection with the use and maintenance of our service, consistent with the terms of this Agreement.

During the term of this Agreement, and for a period of two years after the termination of this Agreement, You agree not to develop or create any program of its own that is comparable in functionality or would compete with MadJock’s service in any way. You shall not directly, or through third person(s) or entity(s), attempt to develop, engineer, reverse engineer, create or re-create, any service that is comparable in functionality or concept with our service as outlined in this agreement. You shall not decompile, disassemble, or reverse engineer MadJock Materials or attempt to discover source code or other information concerning MadJock Materials including, without limitation, its design. You will not create any derivative work, program or product based on, or derived from Software, or use any information learned from Software to create any other program or product. You will not allow, encourage, facilitate, or assist any third party to do anything. You would be precluded from doing under this provision.

31.1) Supersede - This Agreement supersedes all prior agreements and understandings (whether written or oral) between MadJock and the Clients, or any of them, with respect to the subject matter hereof.

31.2) Severability: If any provision of this Agreement is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions of this Agreement unlawful or otherwise ineffective, the remainder of this Agreement shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.

31.3) Waiver: Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

31.4) Survival of Provisions: The terms and provisions of this Agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this Agreement.

31.5) Force Majeure: Either Party shall not be liable for its failure to perform under this Agreement as a result of any event of force majeure events like acts of god, fire, wars, sabotage, civil unrest, labour unrest, action of Statutory Authorities or local or Central Governments, change in Laws, Rules and Regulations, affecting the performance of the Party.

31.6) Arbitration: In the event a dispute arises between the parties under this AGREEMENT, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 30 days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Mysore. The arbitration shall be conducted by a sole arbitrator to be mutually agreed by the parties. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.

31.7) Assignments: You shall not assign, in whole or in part, the benefits or obligations of this Agreement unless otherwise mutually agreed in writing.

31.8) Governing Law and Jurisdiction: This AGREEMENT shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mysore, India.

THIS SOFTWARE LICENSE & HOSTING SERVICE AGREEMENT (the “Agreement”) is entered into between Tark INnovation Pvt Limited, having its registered Office at ‘Samaira Arcade’ #6,A1 Block, Vijaynagar 3rd Stage,Mysore 570030 (hereinafter referred to as “MadJock”, “Licensor”, “We”, “Our”), and Clients (hereinafter referred to as “Client”, “Licensee”, & “You”). MadJock hereby grants the right to use its MadJock SoftwareProgram and Hosting Services (hereinafter referred to as “Product and Service”) to the “Client”, and the client acknowledges and agrees to comply with all of these Terms and consent to the transmission of certain information during Activation and for internet-based features of the software and hosting service. If you do not Accept and comply with these terms, you may not use the software and hosting service.

You will use the MadJock’s Product and Service in a manner consistent with all local, states and Union regulations and laws. We reserve the right to suspend or cancel your access to any or all services provided by us when you are not in compliance to the terms of this agreement and/or we decide that your account has been inappropriately used.

This agreement applies to the most recent release of MadJock Software program. MadJock Software(hereinafter referred as Software) is a one stop solution for retailers to manage their in-store and online business. It is a cloud based platform/solution to manage products inventory, purchases, suppliers, sales and customers. You will be able to use this software for the purposes of setting up your store virtually and starting your online business. This Software has the features through which you yourself can set up your store virtually, add & delete the products, access to Dashboard, manage inventory & purchases of your store, print your own barcode. This software is available on website as well as on mobile app. In this software you have the option of choosing the features which you want to use and pay only for those features as agreed between parties. This software will be accessible on website as well as on compatible mobile devices. The software accessible on compatible mobile devices will be available with limited features for its proper, easy and smooth functioning.

This agreement only gives you rights to use the Product and Service as per the features obtained and fee paid by you. You may use the Product and Service only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Product and Service that only allow you to use it in certain ways. Client has the exclusive right to use the Product and Service only for a license period or as per the rights granted under this agreement.

You may only use the software on a single computer at one time and may do so only via a user interface connected directly to said single computer and not in any manner over a network, regardless of whether said network is a wide area network (WAN) or a local area network (LAN). You may NOT distribute copies of or documentation of the software to others. THE ACTUAL SOFTWARE PROGRAM COMPONENTS REMAIN THE PROPERTY OF MADJOCK. You may not sell, lease, rent, or otherwise distribute and/or sub-license the Software, including the manuals and documentation of same, to another person at any price. It is illegal to make copies of the Software Program, or Components. The Software Program and Components are protected by the copyright laws pertaining to computer software. It is illegal to give copies of the Software Program, Components and Modules, or manuals and documentation of same to another person, or to duplicate the Software Program or Components and Modules by any other means, including electronic transmission. Software contains trade secrets and in order to protect such trade secrets you may not decompile, reverse engineer, disassemble, or otherwise reduce software program to human perceivable form. You may not modify, adapt, translate, rent, lease, or create derivative works based upon software program or any part thereof.

Upon execution of this Agreement, You are granted right to use the Product and Service in accordance with the terms of this Agreement.

Effective use of Product and Service provided by MadJock presumes a certain degree of knowledge and skill on the part of the Client. We will not be held responsible for your inability to use our Product and Service due to your lack of the requisite knowledge and skills.

6.1) The software is licensed, not sold. Under this agreement, we grant you the right to install and run one copy of software only on one computer with which you acquired the software, for use by one person at a time, but only if you comply with all the terms of this agreement. You may not make the software available for simultaneous use by multiple users. MadJock grants you the license to right to use the software only upon the receipt of license fees as determined by MadJock from time to time. The necessary instructions for operating the software are mentioned in the user manual available in the software after successful login.

6.2) The components of the software are licensed as a single unit. You may not separate or virtualize the components and install them on different computers. MadJock does not give permission for installation of the software on a server or for use by or through other computers or devices connected to the server over an internal or external network. You may not, however, transfer or sublicense the Licensed Programs to any third party, in whole or in part, in any form, whether modified or unmodified.

6.3) MadJock may use commercially reasonable efforts to provide corrections to Software error. Any other upgrades or enhancements to the Software are not made available by MadJock as part of this agreement and may be subject to additional charges.

MadJock grants you the license of MadJock Software program only upon receipt of license fee as determined by MadJock, from time to time , in according to the terms of this Agreement.

In consideration of MadJock providing the Product and Service as specified in this agreement, you shall make the payment of fee as per the invoice issued to you from time to time. The terms of invoice shall prevail over the terms of this agreement. ii) Your right to use the Product and Service is limited to the license period. You may have the option to extend your Service upon paying of the requisite fees. If you extend your service, you may continue using the Product and Service until the end of your extended service period. After the expiration of the period, Product and Service will stop running on your computer. iii) MadJock shall make best efforts to install & activate the product and services from the date of receipt of fee into its bank account (subject to delay due to technical malfunctions). However MadJock will not be liable in any manner for any delay in activating your contract. iv) You agree to pay the fee as specified in invoice copy. You may opt to pay the fees through i) Cheque; ii) Demand Draft; iii) RTGS (Real Time Gross Settlement); iv) ECS (Electronic Clearing Service); and v) CCSI (Credit Card Standing Instruction). MadJock does not encourage/prefer that payments be made in cash. Any cash payments made by you, shall be at your sole risk, without any recourse to MadJock. v) In the event, if you fail to make any installments in time and as per the payment plan chosen by You, MadJock may, in its sole discretion, suspend the services until necessary payments are made by you. The right of MadJock to suspend the Service shall be without prejudice to MadJock’s right to terminate the agreement, without any further notification vi) MadJock shall be allowed to terminate the right to use the service to a particular licensor for non-payment of fees, for noncompliance, with any applicable rules, regulations or agreements regarding the use of the service or with applicable laws or regulations, or to exercise other remedies allowed at law or in equity. MadJock will notify you of any such instance including the name of licensor and reason for termination. vii) If any cheques are dishonored due to insufficient of funds, MadJock may present the cheques before the banks until the cheques are honored or till the validity of cheques. You shall not raise any objection in this regards and also shall be responsible for any/all liability, if any incurred. Further you acknowledge that any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881. You shall also be liable to pay interest @18 % per annum during that period.

MadJock will issue an invoice to you containing, inter-alia, the following details: a) Clients details b)License Fees c)Description of the features of Software, if required d)Type of access chosen by you (either website or App or both) if required.

MadJock is entitled to levy you for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services. You shall pay the said taxes and charges promptly without raising any objections. You also agree that in the event the said taxes and charges are not charged by MadJock the taxes shall be paid by you directly to the authorities concerned without raising any objection. You further agrees that the taxes and charges payable under this Clause is in addition to the license fee paid by You for the Services rendered by MadJock. The Taxes would include Service Tax & VAT ( Value Added Tax) or other taxes as applicable.

MadJock agrees to host and maintain your website on its server(s), as outlined in this Agreement. MadJock will take all reasonable precautions to implement data backup services on the data stored in your websites. MadJock agrees to monitor hosting services and make sites available to Internet users. However, MadJock is not responsible for unintentional damages or loss, either incidental or direct, caused by a loss of your information.

You shall acquire and maintain the Internet Protocol address and corresponding domain names for your website. MadJock may help you in obtaining the domain names and Internet Protocol address and maintaining the same at additional cost decided by MadJock from time to time. MadJock shall execute the actions necessary to establish the address of your website, or to delete the address in the event your relationship is terminated or website cancelled in accordance with the rules, with the ruletions related to the product. MadJock shall provide you the ability to access data on your Website and make changes with a password set by you. Your connection will be secured by the firewall.

Your right to use the hosting service is limited for the period of 5 (Five) years. You may have the option to extend your hosting service on paying of the fees. If you extend your hosting service, you may continue using the hosting service until the end of your extended period. After the expiration of your period, hosting service will stop. MadJock reserves its right to charge the fees for the hosting service, at any time, at its sole discretion, and the same shall be notified to client, in advance. All Web Hosting and Hosting plans, including the unlimited plans, are subject to a limitation prescribed by MadJock time to time. In the event these limitations are exceeded, your site may slow down or not be served until more resources are added. More resources may be added for additional fees.

You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Services.

12.1) MadJock will use commercially reasonable efforts to make available MadJock Support Center on Monday through Friday, during MadJock's normal business hours, excluding MadJock's scheduled holidays. MadJock will provide you all the customer and technical support via telephone hotline support +91-8277257321 or through support@MadJock.com. However our support services shall be limited to providing matter pertaining our software under this agreement not otherwise.

12.2) We shall not provide technical support for any third party products/software of any kind, incorporated by you into the website. On best effort basis, we will use all commercially reasonable means to resolve your issues in this Agreement.

12.3) MadJock will have no obligation to provide Maintenance Services for any Software that are damaged, modified (by anyone other than MadJock), incorporated into other software, or installed in any computing environment not supported by MadJock software program; or for any version of a software program other than the latest and immediately preceding version; or for any problems caused by your negligence, abuse, misuse, or by any causes beyond MadJock's reasonable control.

All fees paid by you to MadJock are final and non-refundable. Until you terminate this Agreement, as specified in this agreement, you are responsible for paying the fee, regardless of whether you use our Product and Service or not.

MadJock shall not be liable for any loss or damage resulting from non-performance by MadJock or its suppliers under this Agreement or from any delay in delivery of the Product and Service due to fire, labour unrest or strikes, delays in transportation or shipping, acts of God, war, acts of a public enemy, accident, hacking, technical glitch or any other cause or causes beyond the control of MadJock.

MadJock will not be liable for any costs incurred as a result of Client, for any reason, employing the services of a third party consultant or other technical personnel.

This agreement is non-transferable or assignable by the Client without the prior written consent of MadJock.

MadJock reserves the right to increase/raise the fees, at its discretion. The fees will only become effective upon renewal of the order. For clarity, additional purchases of the service/ other features will be subject to the new pricing.

18.1) You represent and warrant that i) You would be solely responsible and liable for the information uploaded, edited, modified in the Software provided by MadJock.

18.2) You shall be solely responsible and liable for any dispute arising out of your usage of our services.

18.3) You acknowledge and confirm that you will be subject to the rules, guidelines, policies, terms, and conditions applicable to the MADJOCK. MadJock reserve the right, at its discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you.

18.4) You undertake to provide a copy of the licenses/ registrations (in case of corporate body) including but not limited to valid Identity proofs such as ration card, adhar card, voter id card and residential proofs such as electricity bill, telephone bill etc., (in case of individual) required to use our services.

18.5) You acknowledge that any breach of the covenants set forth here may be a cause for termination of your service by MadJock, at its sole discretion.

18.6) You agree that at all times, you will maintain appropriate records relating to the usage of our services and shall allow MadJock/ Government, /statutory authorities and any other appropriate entities to examine, inspect, audit and review all such records and any source document pertaining to the services.

18.7) You hereby undertake to upload the terms and conditions on your website which will be applicable to the user of your websites who visit you website for any purposes including but not limited to buys the product/s or avails the services whether online or otherwise.

18.8) You shall ensure and take all appropriate security measures to prevent unauthorized disclosure and/or access of any details such as user ids, passwords, sensitive personal information or any other information of any end-customers/ Customers, third party which are obtained by you in any manner whatsoever.

18.9) You shall make available any and all customer assistance channels to assist and guide the end-customers/ Customers using your services and respond to any queries and address any issues that may arise in using MadJock services.

18.10) You shall cooperate with MadJock and render assistance to it for connecting the respective MADJOCK systems of the Parties.

18.11) You shall take all such precautions and measures to ensure that there is no breach of security. You shall work upon developing and implementing various security mechanisms at your own cost and ensure that there are proper encryption and robust security measures to prevent any hacking into the information and other data store on your computer system.

18.12) You acknowledge that responsibility for all content provided by you to MadJock for the performance of the Services or otherwise included in the Website is the sole and exclusive responsibility of yours and that MadJock will not be held responsible in any way for any copyright infringement or violation, or the violation of any other person’s rights or the violation of any laws, including but not limited to infringement or misappropriation of copyright, trademark or other property right of any person or entity, arising or relating to the Content.

18.13) You before providing the services to the end user through (MADJOCK), shall be liable to check VAT/any other tax rates applicable on each and every product sold or services provided by you. MadJock shall not be liable for any error in any VAT/any other tax rates in the services provide through MADJOCK.

18.14) MadJock shall not be liable to update any changes in the VAT/any other tax rates in MADJOCK. You shall be liable to update the VAT/ any other tax rates from time to time as per applicable laws on the products sold or services provided by you.

18.15) You acknowledge and agree that we may elect at its sole discretion to monitor the Content. We shall have the right, but not the obligation, to remove the content which is deemed, in our sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law.

18.16) You agree to use the Services for legal purposes only. In the event that we become aware or reasonably believe, in its sole discretion, that the Services is being used for illegal purposes, we shall immediately terminate the Agreement and the Services as per our discretion, without notice, in addition to any remedies to which it (MadJock) may be entitled under law.

18.17) Any attempt to undermine or cause harm to a server of ours is strictly prohibited. This includes, but is not limited to, attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your server, or anything that causes server malfunction. Failure to comply is subject to immediate account deactivation without refund.

18.18) On the receipt of payment MadJock grants you the right/access to install and run one copy of the MADJOCK only on one computer/PC. For a single license You will use/install MADJOCK only in one outlet and if you intent to utilize MADJOCK for your another/additional outlet then you will have to make additional payment for availing MADJOCK on the price/charges determined by MadJock from time to time.

You acknowledge that you are not acquiring title to or any interest in any MadJock Product and Service other than right to use the same. Your right to use of our Product and Service is conditioned upon your timely payment of the full amount of Fees due for Product and Service and your compliance with the terms of this agreement, including the following restrictions. When the Term expires, your rights to use the Product and Service also expire and you may no longer use the Product and Service.

Client will not make any unauthorized, false, misleading, or illegal statements in connection with this Agreement or regarding the Product and Service. Client will not make any representations or warranties concerning the Product and Service on behalf of MadJock.

19.1) This Product and Service is available to you “as-is whereas basis." You bear the risk of using it. MadJock gives no express warranties, guarantees or conditions. MadJock will make all reasonable efforts to provide uninterrupted access and hosting services subject to down time and regular maintenance. However, notwithstanding anything in this Agreement, you acknowledge that MadJock and its business partners disclaim all warranties including but not limited to express or implied, written or oral. MadJock shall not be responsible or liable if any unauthorized person hacks into or gains access to your website. In addition MadJock shall not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data or business; interruption or stoppage to the access to and/or use of our service; interruption or stoppage of services etc. MadJock does not warrant that hosting services will be provided uninterrupted or free from errors or it is free from any virus or other malicious, destructive or corrupting code, program or macro. No advice or information, whether oral or written, obtained by you from MadJock or through or from MadJock shall create any warranty. MadJock shall have no liability in this respect.

19.2) MadJock’s sole obligation and the your sole and exclusive remedy in the event of interruption services, or loss of use and/or access to service, shall be to use all reasonable endeavors to restore the Services as soon as reasonably possible.

20.1) EXCEPT FOR THE ABOVE WARRANTY, THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES ARE PROVIDED "AS IS WHEREAS BASIS". THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES IS ASSUMED BY CLIENT. NEITHER MADJOCK, NOR AGENTS OF MADJOCK, NOR THE CREATORS OF THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES, WARRANT OR GUARANTEE THE RESULT TO BE OBTAINED WITH THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES IN TERMS OF CORRECTNESS, RELIABILITY OR LEGALITY. THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF THE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

20.2) THE LIABILITY OF MADJOCK OR ANY AGENT OF MADJOCK OR ANY CREATOR OF THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES UNDER THE LIMITED WARRANTY SET FORTH ABOVE SHALL BE LIMITED TO AND NOT EXCEED THE AMOUNT PAID BY CLIENT FOR THE PROGRAM SOFTWARE MEDIA AND RELATED SOFTWARE AND MATERIALS. IN NO EVENT SHALL MADJOCK, OR ANY AGENT OF MADJOCK, OR ANY CREATOR OF THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES, BE LIABLE FOR ANY LOSS OF PROFITS OR ANY OTHER DAMAGES INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CLIENT.

You shall defend, indemnify, and hold harmless MadJock, its officers, employees, agents, Representatives from and against any claims, liability(ies), demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses incurred or suffered by MadJock (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or in relation to or in connection with:
i) breach of any provision of this Agreement or non-performance of any of its obligations under this Agreement by you; or
ii) anything done or omitted to be done by you due to gross negligence, willful default or willful misconduct you or any of your officers, directors, employees or agents.
iii) or resulting from Your business operations or use of Software provided by MadJock.

22.1) The right to use our Product and Service hereunder shall continue subject to payment of fees as prescribed by MadJock, time to time or unless and until terminated pursuant to Clause (ii) hereof and subject to your proper performance of its obligations hereunder.

22.2) MadJock has the right to terminate this Agreement upon any material breach of terms and conditions by you. In the event of termination by client for any reason, MadJock will not refund the amount paid by you. On termination you shall forthwith return or destroy all data, information and software program and its updated versions, and provide written intimation of the same to MadJock.

22.3) You agree that any breach of one or more provisions of this Agreement that threatens to, or causes MadJock substantial harm is a material breach. Furthermore, any breach of the confidentiality, or non-competition provisions by you, or failure to make payments, shall be considered material breaches. Furthermore, any conduct or negligence that adversely affects the business or good will and brand name of MadJock will be considered a material breach MadJock Under such circumstances shall terminate the agreement without any further notice .

22.4) Upon termination of this agreement, MadJock shall retain all proprietary technology and services provided to you, and shall render inoperable all Subscriber websites and software after allowing for a commercially reasonable and orderly transition by you. Each Party shall return or destroy all originals and copies of any Confidential Information of the other Party regarding this agreement.

23.1) The following content and activities may not be displayed or promoted by you and any person on your behalf nor Associated in any way with the Client's account or MadJock's services. MadJock shall be the sole arbiter as to what constitutes violation of this provision.

23.2) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that belongs to another person and to which the user does not have any right to;

23.3) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

23.4) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that infringes any patent, trademark, copyright or other proprietary rights; or that violates any law for the time being in force;

23.5) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

23.6) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

23.7) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information/contents on the website that promotes any illegal or prohibited activity.

23.8) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that may be damaging to MadJock's servers or to any other server on the Internet.

23.9) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that promotes or sale of unsolicited or bulk e-mail (SPAM) software or services or unsolicited or bulk e-mail or group posts (SPAM) which references and/or is traceable to MadJock and/or any Client in any way.

23.10) Your sending any promotional emails/sms to your consumers and MadJock assumes no responsibility, liability including but not limited to the issues arising in connection with your customers being registered in DO NOT CALL/ DND registry with the Telecom Regulatory Authority of India.

23.11) You and any person on your behalf must vigilantly comply with all applicable law, including, without limitation to, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made thereunder.

23.12) You and any person on your behalf shall not, knowingly or intentionally conceal, destroy or alter or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer program, computer system or computer network of MadJock, without the permission of MadJock.

23.13) You and any person on your behalf shall not, fraudulently or dishonestly, make use of the electronic signature, password or any other unique identification feature of any other person and you shall not misuse the computer resource of MadJock, without it permissions, and further shall not use the said devices for cheating by personating.

23.14) You and any person on your behalf shall not access or use of an Internet account or computer resources without the owner's authorization and further shall not download, copy or extract any data, computer data base or information from such computer network in any manner whatsoever;

23.15) You and any person on your behalf shall not introduce or causes to be introduced any computer contaminant or computer virus into any computer system or computer network and damages or causes to be damaged any computer system or computer network, data, computer data base or any other programs residing in such computer system or computer network.

23.16) You and any person on your behalf shall not, disrupt or causes disruption of any computer, computer system or computer network or denies or causes the denial of access to any person authorized to access any computer system or computer network by any means.

23.17) You and any person on your behalf shall not, destroy, delete or alter any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means and steel, conceal, destroy or alter or cause any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage.

23.18) You agree that you and any person on your behalf shall not indulge or conspired, in any manner whatsoever in the aforesaid illegal activities. MadJock shall have the right, but not the obligation, to remove the Content which is deemed, in MadJock’s sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law.

23.19) You are strictly prohibited from installing any third party software on our services without the express written authorization of MadJock. In the event that you install third party software on MadJock’s servers without the express written authorization of MadJock, MadJock at its discretion shall have the right to terminate the Services without any notice.

You may not copy or use any Software program in any manner that is not expressly allowed under this agreement; You may not use our Software program or its output to develop or enhance any product that competes with a MadJock software; You may not disclose the results of any benchmarking of a Software program (whether or not the results were obtained with assistance from MadJock) to any third party; or You may not use a Software program in the development of any product if the failure or malfunction of that product could reasonably be expected to result in personal injury, death, or catastrophic loss.

You are prohibited to use, publish, email, reproduce, disclose, furnish, reveal, communicate, transfer or make accessible to any other person for any purpose any information that you encounter, acquire or learn about in connection with this agreement and MadJock has not given you written authorization to disclose or made available to the public, except as needed in the course of and for the benefit of the client. You are not indulging in any kind of piracy of software and also unauthorized, copying, downloading, sharing, selling, distribution or installing multiple copies onto personal or work computers of copyrighted software.

You are strictly prohibited from installing any third party software on our program without the express written authorization of MadJock. In the event that you install third party software on MadJock’s servers without the express written authorization of MadJock, MadJock at its discretion shall have the right to terminate the Services without any notice.

You hereby expressly agree that you shall not directly or indirectly host, display, upload, publish, transmit, or deal in the "BANNED PRODUCTS & SERVICES" at any time during the tenure of this Agreement. Without prejudice to the MadJock’s other rights & privileges, you bind yourself unequivocally to be solely liable for, including but not limited to, any legal actions and suits, and to make good to MadJock immediately upon demand damages suffered by MadJock directly or owing to claims by any third party, levy of assessment fees or fines, penal actions taken by Card Associations, the Banks, the RBI and any other statutory or competent authorities for any breach of any terms of this Agreement, including the dealing in the Banned products and Services.

24.1) MadJock maintains control and ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. Client shall keep the rights of ownership and use of his own domain name(s) even if Client changes MadJock. In case of disputes regarding authority over domain names, MadJock will follow industry standard practice of giving ultimate authority to the domain name registrant. MadJock maintain control and ownership of any copyright, proprietary and/or licensed software, scripts, programs, images, or other electronic data or media installed and or provided by MadJock.

24.2) All contents stored by you shall at all times remain the property of yours. You grant to MadJock non-exclusive, world-wide licence to the content only to the extent necessary for MadJock to host the website. MadJock uses the information it collects through the software features to upgrade or fix the software and otherwise improves the products and services. Additionally, you agree that MadJock may use and disclose the information and you would be deemed to have given your consent to contact you for any business promotion of MadJock and its affiliates.

During the term of this Agreement, and for a period of 2 (two) years after the termination of this Agreement, You agree not to develop or create any program of its own that is comparable in functionality or would compete with MadJock’s service in any way. You shall not directly, or through third person(s) or entity(s), attempt to develop, engineer, reverse engineer, create or re-create, any service that is comparable in functionality or concept with our service as outlined in this agreement. You shall not decompile, disassemble, or reverse engineer MadJock Materials or attempt to discover source code or other information concerning MadJock Materials including, without limitation, its design. You will not create any derivative work, program or product based on, or derived from MADJOCK, or use any information learned from MADJOCK to create any other program or product. You will not allow, encourage, facilitate, or assist any third party to do anything. You would be precluded from doing under this provision.

You shall not disclose to any third party or use, except in connection with the performance of Services hereunder, any confidential information of MadJock’s business (“Confidential Information”) in the course hereof. Confidential Information shall include; i) MadJock software program and plans for the Website ii) Specifications of MadJock’s software program and any future development plans iii) Concepts relating to MadJock software program not disclosed from the operation of the Website iv) Trade secrets of MadJock v) Information derived from providing the Services when Website is in operation, including but not limited to: 1) identities, contact information and credit card information of users (if applicable) 2) confidential information of the Website’s use, such as number of users, unique visitors and unique visits (if applicable) ii) Notwithstanding the forgoing, this confidentiality obligation shall not apply to any information which is already known to the public or produced in compliance with applicable law or a court order, provided you shall promptly notify MadJock so as to enable MadJock to seek a protective order or other appropriate remedy. You will return all the confidential information to MadJock within 30 (thirty) days from the expiry or the early termination of this agreement. The obligations contained in this Clause shall survive the termination of this Agreement.

Notwithstanding the forgoing, in the event MadJock receives a validly issued administrative or judicial order, notice, warrant or other process that requires MadJock to share/disclose the confidential information then it shall be free to disclose all or part of the Confidential Information or is otherwise required to disclose any Confidential Information in order to comply with any law.

MadJock and Client will mutually keep the data private and not share or reuse the other party's data, and put in place all normal reasonable security measures to protect each other's data, including corresponding NDA agreements with employees and contractors. Client recognizes that MadJock can be required to provide data to legal authorities upon valid legal injunction, and to comply to such injunctions with or without Client's authorization or consent. Furthermore, Client understands there is no absolute security, and in order to limit consequences of any accidental exposure, Client agrees to not use the Hosting storage for data beyond the data required for the Hosting. Client authorizes MadJock to backup and archive the Servers on-site and off-site, including Client's data and Sites for the purpose of continuous Hosting operations, and to maintain Server logs required for MadJock's technical operations and legal compliance. This authorization does not imply that MadJock must make or keep such backups, archives and logs. In case of suspected unauthorized use, or complaint, MadJock can, but must not, inspect Client data and traffic for compliance check purposes, prior to his decision to take measures.

Client has taken adequate encryption and security measures to maintain its computer resources secured under this agreement. You must ensure that you use the software through a secure network that requires a protective security safeguards. You shall comply with the security standards, as prescribed by the governments and implements the security management and procedures, network architecture, software design, and other critical protective measures to protect data and information.

You shall be solely responsible for undertaking measures to:
i) Prevent any loss or damage to your website or server content;
ii) maintain independent archival and backup copies of your website or server content; and
iii) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers.
iv) we shall have no liability to you or any other person for loss, damage or destruction of any of your content. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Services as:
A) a repository or instrument for placing or storing archived files; and/or
B) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account. Any attempts to undermine or cause harm to any server is strictly prohibited. This includes, but is not limited to attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your Server, or anything that causes Server malfunction. Failure to comply is subject to immediate account deactivation.

MadJock will exercise no control whatsoever over the content of the information passing through the network, email or website.

MadJock may audit (using its own employees and those of an independent auditing firm that is subject to appropriate confidentiality obligations) your use of the Software and Documentation to verify your compliance with this agreement. You agree to give MadJock (or the auditing firm) reasonable access to your facilities and records for purposes of conducting these audits. MadJock will give you reasonable advance notice before conducting an audit. Audits will be conducted during normal business hours and no more than once per year, unless MadJock has a good-faith basis for believing that more frequent audits are warranted. MadJock will bear all the costs it incurs (including the fees and expenses of the auditing firm, if any) in conducting an audit, unless the audit reveals that you have failed to comply with this agreement in a material way, in which case you agree to reimburse MadJock for these costs, in addition to other Damages.

This Software is owned by MadJock and is subject to protection under the copyright, patent and trademark laws of the India and other countries. You shall not have any right to use or reproduce in any manner any intellectual property owned by MadJock, including any trademarks, trade names, logos etc. ii) MadJock owns and retains all ownership and proprietary rights relating to services and its programming architecture, including, but not limited to, HTML code, program code, graphical code, design, technique, and all proprietary rights in the Services and all software code and content relating to the Services etc.. This Agreement does not transfer, sell, assign, or entitle you to any of our source codes, programming documentation, or trade secrets except as provided in the this Agreement. During the term of this Agreement, MadJock grants you, a right to use our services in connection with the use and maintenance of our service, consistent with the terms of this Agreement.

32.1) No Guarantee of Business: MadJock does not guarantee that by installing and using of this software, your business/profit will increase.

32.2) No Marketing: MadJock is not obliged and does not promote you business. MadJock’s obligation under the Contract is limited to the obligations of providing access to software upon the receipt of requisite payment from your end.

32.3) Entire Agreement: This Agreement constitutes the entire Agreement and understanding between the Parties, and supersedes any previous agreement or understanding or promise between the Parties, regarding the Software.

32.4) Supersession- This Agreement supersedes all prior agreements and understandings (whether written or oral) between MadJock and the Clients, or any of them, with respect to the subject matter hereof.

32.5) Amendment – MadJock is entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to You. It shall be Your sole responsibility to visit MadJock Website and update himself / herself of the changes to the Terms of Service.

32.6) Severability: If any provision of this Agreement is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions of this Agreement unlawful or otherwise ineffective, the remainder of this Agreement shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.

32.7) Waiver: Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

32.8) Survival of Provisions: The terms and provisions of this Agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this Agreement.

32.9) Force Majeure: MadJock shall not be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, hacking, virus prone, technical glitch, defacement, sabotage, stoppage of display or transmission of the website, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control.

32.10) Arbitration: In the event a dispute arises between the parties under this AGREEMENT, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 30 (thirty) days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Mysore. The arbitration shall be conducted by a sole arbitrator to be appointed by MadJock at its sole discretion. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.

32.11) Assignments: You shall not assign, in whole or in part, the benefits or obligations of this Agreement unless otherwise mutually agreed in writing.

32.12) Notices: All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the addresses as mentioned in the title to this document. Notices may also be sent through emails.

32.13) Non-Exclusive Right: It is expressly agreed and understood between the parties hereto that this Agreement is on a non-exclusive basis and MadJock is free to provide similar services to third party.

32.14) Governing Law and Jurisdiction: This AGREEMENT shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mysore, India.

MadJock is acting as an intermediary between Users and ICICI Bank for providing ICICI UPI facility on its portal.

These terms and conditions shall be in addition to ICICI Bank's Privacy Policy and MadJock’s Privacy Policy and other applicable policy available at MadJock portal.

The user of this ICICI Bank UPI facility (the 'User') should have his mobile number registered with the Bank and should have existing relationship with his/her Bank for availing this Facility/Service, using ICICI Bank UPI facility. The Facility/Service shall be made available only to the User satisfying the eligibility criteria and shall be provided at the sole discretion of ICICI Bank Ltd and may be discontinued by ICICI Bank Ltd at any time without notice.

The User shall be solely responsible and liable:
1)For the accuracy of any personal or other information provided for availing this Facility/Service.
2)For Pay or Collect requests initiated through ICICI Bank UPI facility.

To comply with the applicable laws, rules and regulations governing such funds transfers as stipulated by the Reserve Bank of India, from time to time.

For all loss, cost and damage, if he/she has breached the terms and conditions contained herein and in the ICICI Bank Mobile Banking Policy.

ICICI and MadJock shall not be held responsible and liable for any loss, cost and damage suffered by the User due to disclosure of his personal or other information to a third party including but not limited to statutory/regulatory authority by

ICICI Bank Ltd for whatsoever reason e.g. participation in any telecommunication or electronic clearing network in compliance with a legal or regulatory directive for statistical analysis or for credit rating or for any legal or regulatory compliance.

This services are provided on an "as is, "as available" basis without any representations or warranties. MadJock do not represent or warrant that the services will be available, accessible, uninterrupted, timely, secure, accurate, complete, or entirely error -free.

For any concerns for any queries in relation to UPI services please email us at support@MadJock.com or call us at +91-8277257321

A. Every end-user customer can raise a complaint with respect to a UPI transaction, on the PSP app / TPAP app.

B. End-user customer can select the relevant UPI transaction and raise a complaint in relation thereto.

C. A complaint shall be first raised with the relevant TPAP in respect to all UPI related grievances / complaints of the end-user customers on-boarded by the PSP Bank / TPAP (if the UPI transaction is made through TPAP app). In case the complaint / grievance remains unresolved, the next level for escalation will be the PSP Bank, followed by the bank (where the end-user customer maintains its account) and NPCI, in the same order. After exercising these options, the end-user customer can approach the Banking Ombudsman and / or the Ombudsman for Digital Complaints, as the case may be.

D. The complaint can be raised for both the types of transactions i.e. fund transfer and merchant transactions.

E. The end-user customer shall be kept communicated by the PSP / TPAP by means of updating the status of such end-user customer’s complaint on the relevant app itself.

NPCI is an authorized payment system operator by RBI. NPCI owns and operates UPI payment system.

PSP is the banking company authorized to act as a Payment Service Provider (PSP) under the UPI framework. PSP engages the TPAP to provide UPI services to the end-user customers.

Third Party Application Provider (TPAP) is an entity that provides the UPI compliant app(s) to the end-user customers to facilitate UPI based payment transactions.

The Bank where the end-user customer maintains his/her account that has been linked for the purpose of debiting/crediting the payment transactions made through UPI.

The end-user customer is the individual who uses UPI payment facility to send and receive payments.

A. We Tark Innovation Pvt Limited are a TPAP authorized by NPCI to facilitate payments through PSP Bank(s) namely ICICI BANK Limited We are a service provider and we participate in UPI through the PSP Bank.

B. We are bound by the tripartite agreement entered with the sponsor PSP Bank ICICI BANK Limited and NPCI. We are responsible for facilitating grievances / complaints resolution of the customers on-boarded on our UPI application.

C. We shall be the first point of contact for all UPI related grievances/complaints for customers on-boarded by us. In case the complaint/grievance remains unresolved, the next level for escalation will be the PSP Bank, followed by the bank (where you maintain the account) and NPCI in the same order. After exercising these options you can approach the Banking Ombudsman and / or the Ombudsman for Digital Complaints, as the case may.

A. NPCI owns and operates the Unified Payments Interface (UPI) platform.

B. NPCI prescribes rules, regulations, guidelines, and the respective roles, responsibilities and liabilities of the participants, with respect to UPI. This also includes transaction processing and settlement, dispute management and clearing cut-offs for settlement.

C. NPCI approves the participation of Issuer Banks, PSP Banks, Third Party Application Providers (TPAP) and Prepaid Payment Instrument issuers (PPIs) in UPI.

D. NPCI provides a safe, secure and efficient UPI system and network.

E. NPCI provides online transaction routing, processing and settlement services to members participating in UPI.

F. NPCI can, either directly or through a third party, conduct audit on UPI participants and call for data, information and records, in relation to their participation in UPI.

G. NPCI provides the banks participating in UPI access to system where they can download reports, raise chargebacks, update the status of UPI transactions etc.

A. TPAP is a service provider and participates in UPI through PSP Bank.

B. TPAP is responsible to comply with all the requirements prescribed by PSP Bank and NPCI in relation to TPAP’s participation in UPI.

C. TPAP is responsible to ensure that its systems are adequately secure to function on the UPI platform.

D. TPAP is responsible to comply with all applicable laws, rules, regulations and guidelines etc. prescribed by any statutory or regulatory authority in relation to UPI and TPAP’s participation on the UPI platform including all circulars and guidelines issued by NPCI in this regard.

E. TPAP has to store all the payments data including UPI Transaction Data collected by TPAP for the purpose of facilitating UPI transactions, only in India.

F. TPAP is responsible to facilitate RBI, NPCI and other agencies nominated by RBI/ NPCI, to access the data, information, systems of TPAP related to UPI and carry out audits of TPAP, as and when required by RBI and NPCI.

G. TPAP shall facilitate the end-user customer with an option to raise grievance through the TPAP’s grievance redressal facility made available through TPAP’s UPI app or website and such other channels as may be deemed appropriate by the TPAP like email, messaging platform, IVR etc.

A. Every end-user customer can raise a complaint with respect to a UPI transaction, on the PSP app / TPAP app.

B. End-user customer can select the relevant UPI transaction and raise a complaint in relation thereto.

C. A complaint shall be first raised with the relevant TPAP in respect to all UPI related grievances / complaints of the end-user customers on-boarded by the PSP Bank / TPAP (if the UPI transaction is made through TPAP app). In case the complaint / grievance remains unresolved, the next level for escalation will be the PSP Bank, followed by the bank (where the end-user customer maintains its account) and NPCI, in the same order. After exercising these options, the end-user customer can approach the Banking Ombudsman and / or the Ombudsman for Digital Complaints, as the case may be.

D. The complaint can be raised for both the types of transactions i.e. fund transfer and merchant transactions.

E. The end-user customer shall be kept communicated by the PSP / TPAP by means of updating the status of such end-user customer’s complaint on the relevant app itself.

MADJOCK PAY TERMS OF SERVICEare a legally binding agreement between Merchant (hereinafter referred to as “You”), and Tark Innovation Pvt Limited (hereinafter referred to as "MadJock"), and apply to your use of MADJOCK PAY Services. MadJock offers a payment service solution that allows users to make a payment for goods or services.

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

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

By clicking on the “I AGREE” button or a similar affirmation, or by acknowledging acceptance of the Agreement by any other method allowed by MadJock, or by using or accessing the MADJOCK PAY Services through any means permissible including, without limitation via a computer or a mobile application, you acknowledge and agree that:

(i) You have reviewed and understands the Agreement;

(ii) You agree to be legally bound by the terms and conditions of the Agreement; and

(iii) Your use of the MADJOCK PAY Services will be governed by this Agreement.

If you do not agree or are not willing to be bound by the terms and conditions of this Agreement, you should not click on the “I AGREE” button and should not seek to obtain or use the MADJOCK PAY Services.

1.1) MADJOCK Pay Services: MadJock provides MADJOCK Pay Services to Merchants to facilitate receipt of payment for goods or services, which may include, but are not limited to, receipt of online payment by debit/credit card, QR Code payment, and/or via email or text message, as well as by other means developed by MadJock from time to time.

1.2) Authorization: shall mean the process by which Payment Gateway Service Provider, Issuing Institution and/or the relevant Card Association electronically or otherwise convey the approval of a charge on a Transaction being undertaken by a Customer. It is agreed that the payment transaction made by Consumer would be considered received and confirmed only after the successful confirmation/acknowledgement from the Payment Gateway Service Provider.

1.3) Customer: shall mean person who is intending to purchase goods and services and willing to make the online payment to Merchant.

1.4) Proof of Delivery: shall mean the customer acknowledges to Merchant an electronically generated/physical acknowledgement, return receipt, message, etc. for the receipt of the goods or services.

1.5) Services: means MADJOCK Pay services provided by Services Provider to Merchant under the terms of this Agreement.

1.6) Transaction: means dealing between the Merchant and the customer regarding purchase of any goods, item or service offered by the Merchant and its payment vide MADJOCK Pay Services.

1.7) Customer Data: Data (identifying number, location and all other data as may be collected by, or available with Merchant in connection with or related to such Persons) relating to the Customers who used and/or attempted purchase products/services form Merchant.

1.8) Financial Institution Partners: shall mean various banks, financial institutions, Card Associations, payment system providers who are defined and licensed under the Payment and Settlement Systems Act, 2007.

1.9) Financial Institution Partners Services: shall mean the payment gateway system and services provided by the Acquiring Banks such as to

1.10) Card Association(s): shall mean any of Visa, MasterCard, Visa Electron, Maestro, Diners, American Express or any other card association as may be specified by us from time to time.

1.11) Card Association Rules: shall mean the written rules, regulations, releases, guidelines, processes, interpretations and other requirements (whether contractual or otherwise) imposed or adopted by any Card Association

1.12) Merchant Bank Account: shall mean the bank account maintained and nominated by you for settlement of your Settlement Amount.

1.13) Settlement Amount: shall mean Customer Charge minus the TDR and any other charges/fees payable by you to MadJock under this Agreement.

1.14)Chargeback: shall mean reversal of the value of the Customer Charge with respect to any Transaction, inter alia, on account of

1.15) Proof of Delivery: shall mean sufficient legitimate records evidencing Delivery of the Product to the Customer.

2.1) MadJock offers a MADJOCK Pay Services that, amongst other things, allows users

2.2) The Merchant for the purposes of MADJOCK pay services is required to register with MadJock to be able to receive the Services. The Merchant may not receive the Services (including processing any Transactions) until it has been so authorised by MadJock. By clicking on the check box Merchant agrees that it has read and understood this Terms of Service.

3.1) The Merchant is desirous of availing MADJOCK Pay Services in order to accept the payments online from Customers for Services / Products purchased by them (Customers) from the Merchant or its agents.

3.2) MadJock hereby grants Merchant a right to access and use the MADJOCK Pay Services and to utilize systems, and/or communication links furnished by MadJock in accordance with this Terms of Service and any other implementation and use requirements provided to Merchant by MadJock from time-to-time.

3.3) Merchant shall not misuse, rent, lease, assign, or otherwise transfer the MADJOCK Pay services to any other Person. Merchant may not alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from or included in the MADJOCK Pay services/System. All rights, title and interest to the MADJOCK Pay services are owned exclusively by MadJock.

3.4) MadJock shall perform the Services with reasonable skill and care.

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

4.1) You are 18 (eighteen) years of age or older;

4.2) You are Indian citizen, a legal resident of India or a business entity, authorized to conduct business in India;

4.3) You are not 'incompetent to contract' within the meaning of the Indian Contract Act, 1972; and

4.4) You are entering into and performing this Agreement, as per applicable law and are not a person debarred from using the MADJOCK Pay Service under the laws of India or other applicable laws.

4.5) MADJOCK Pay Service can only be used in India. You acknowledge that MadJock Services may be subject to export restrictions imposed by the laws, rules, regulations, and guidelines in force in India.

5.1) MadJock facilitates individuals and legal entities in accepting payments initiated by their customers on their website or mobile application directed to the MadJock Site or through MadJock’s IVR System, using Valid Cards, Net Banking and various other acceptable modes of Payment Mechanism provided by MadJock.

5.2) MADJOCK Pay is a software application. MadJock will act as an intermediary, by creating a link between the Merchant and the respective Financial Institution by means of the Software Application and MadJock site, for enabling the Customers to make payment for the Transactions carried, using MADJOCK Pay Service. In order to serve in this role, we have entered into agreements with Financial Institution and other software providers who are in the business of providing information technology services, including but not limited to, internet based electronic commerce, internet payment gateway and electronic software distribution services, to enable use of internet payment gateways developed by them, To:

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

5.4) The relationship between MadJock and you is on principal-to-principal basis. Nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between us hereto or any affiliates or subsidiaries thereof or to provide either Party with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party.

5.5) MadJock has no connection or interest of whatsoever nature in your business or the Products offered/ marketed on the Merchant Site. MadJock shall provide MADJOCK Pay Services to you, as an independent entity and under the terms and conditions of this Agreement. MadJock has no relationship with the Customers and all actions under this Agreement which may affect the Customers are instructed by you. You alone shall be responsible to the Customers and neither MadJock nor the Financial Institution or anybody connected to MadJock or Financial Institution shall have any responsibility or liability towards the Customers and you shall keep MadJock and Financial Institution fully indemnified for all times to come in this respect.

5.6) MadJock is neither concerned nor required to monitor in any manner the use of the payment modes by the Customers for procuring / availing the Products. The Customers should be required to use the payment modes at their sole option and risks. You shall be required to notify this responsibility to all its Customers under the instructions provided by MadJock.

6.1) In providing the Services, the MadJock is acting as an Intermediary between the Merchant and Customers/Users. The contract for the sale of goods or services will be between the Customers/Users and the Merchant. The Merchant shall be solely responsible for all customer service issues relating to its supply of goods or services (including pricing, rebates, item information, availability, technical support, functionality, warranties, guarantees, order fulfilment, shipping, handling, order cancellation, returns, refund, adjustments, feedback and product or service complaints). In performing customer service, the Merchant shall present itself to its customers MadJock Provider. It is the responsibility of the Merchant and not the MadJock to resolve any dispute or claim raised by Customers/Users relating to the purchase or sale of goods or services from the Merchant.

6.2) In case of an unauthorized Refund or a Refund that was incorrectly executed due to an error by MadJock, MadJock shall at the Merchant's request immediately credit to the Merchant Account the refunded amount including all related Service Fees deducted therefrom. The MadJock shall not be liable, where the unauthorized Refund arises from: (a) the Merchant's failure to keep the personalized security features of the Merchant’s Account safe in accordance security policies prescribed under the law time being in force; or (b) any breach of this Agreement by the Merchant, or the Merchant 's negligence or willful misconduct; (c) if the Merchant fails to notify the MadJock of any loss of the Merchant's Password or other event that could reasonably be expected to have compromised the security of the Merchant Account after the Merchant has gained knowledge of such event; or (d) the Merchant fails to dispute and bring the unauthorized or incorrectly executed transaction to the MadJock’s attention within 24 (Twenty Four) Hours from the time/date of the transaction.

6.3) MadJock is obligated to perform only those duties expressly described in this Agreement. MadJock shall not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact , except for as expressly provided for herein.

6.4) MadJock shall maintain daily transaction record for accounting purpose and data and information generated/maintained by MadJock under this agreement shall prevail and be binding on the parties.

6.5) MadJock hereby agrees that the payment identification number generated by MadJock shall be the proof of payment made by MadJock to Merchant.

7.1) Merchant shall be responsible for working with the MadJock development team to make sure MADJOCK Pay Services are available subject to pre notified downtime of the system.

7.2) Merchant will designate an Account to which all amounts due pursuant to MADJOCK Pay Services will be credited as per its terms and Conditions. Merchant shall be responsible for providing its accurate bank details to MadJock. MadJock shall not credit amounts due pursuant to MADJOCK Pay Services to the Merchant’s Account, until or unless Merchant shall not settle all disputes relating to payment or chargeback etc..

7.3) Merchant hereby expressly authorizes MadJock to initiate credit entries to Merchant’s Account for payment of amounts due to Merchant as per record and entries available with MadJock, and to debit Merchant’s Account (for commission, payment gateway charges or any other charges) from time to time.

7.4) Merchant hereby confirms to provide relevant information to MadJock and to comply with applicable laws and industry rules or standards or as otherwise reasonably necessary to receive MADJOCK Pay services from MadJock. m Merchant shall be required to submit the KYC documents as sought by the MadJock from time to time or in compliance to statutory obligation for the purposes of availing services under this agreement.

7.5) Merchant agrees to maintain Transaction records and retain proof of delivery of services from the customers for up to two (2) years from Transaction date and to make these records available to MadJock upon request.

7.6) The Merchant shall not offer to its Customer any Product or Services, which are illegal or offensive or banned as per the list provided in Annexure ‘A’ and/or is not in compliance with applicable laws, and regulations whether central, state, local or international of all jurisdiction from where the Customers avail the Products or Specified Purpose Services. The Merchant agrees and understands that MadJock reserves the right to suspend payments to the Merchant or suspend the services of the Merchant, until such time that the Merchant does not discontinue selling such banned/illegal Products or uses the Funds collected for illegal, unlawful or banned purposes or does not conform with all applicable laws and regulations in force from time to time. In addition, MadJock reserves the right to terminate this Agreement forthwith, in the event that the Merchant continues to sell such banned/illegal Products or uses the Funds collected for illegal, unlawful or banned purposes.

7.7) Merchant acknowledges that with respect to Transactions, MadJock will be acting as the payment facilitator to the Merchant.

7.8) Merchant for any support or disputes can email at support@MadJock.com, with brief details of the support required or call on our hotline No. +91-9380626815.

7.9) Merchant shall not cause to be done any act/representation/omissions which results to loss of goodwill and damage to the reputation of MadJock and vice versa.

7.10)Merchant or any person on behalf of Merchant must vigilantly comply with all applicable law, including, without limitation to, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made thereunder, Money Laundering Law, Sales of Goods Act, Legal Metrology Act and any other law for the time being in force, and shall not do, or omit to do, any act that will cause MadJock to be in breach of any such applicable law. If Merchant breaches the obligations, it shall indemnify MadJock against any costs claims and liabilities arising as a result of the breach.

7.11) Merchant shall take all such precautions and security measures to ensure that there is no breach of security and the integrity of the link and they have a proper encryption and robust security measures to prevent any hacking into the information of the customers and other data pertaining to customer/MadJock. Merchant should have to do the following: use anti vires, protect the Password and Login ID, restrain from using Unlicensed or unmanaged applications, restrain from using third party links, and protect its devices and the data from unauthorized access etc.. In the event of any loss being caused as a result of the link being breached due to fraud, negligence and misconduct of the Merchant and any person on it’s behalf, the Merchant shall indemnify and keep indemnified MadJock, from any loss as may be caused to it.

7.12) Merchant shall provide such assistance for the prevention and detection of fraud in respect of any transaction as MadJock may from time to time request.

7.13) In the transaction between the Merchant and the Customers, MadJock shall not be responsible for any defect in goods/services sold/provided by the Merchant. MadJock shall not be deemed to be a party in respect of any such Transaction. Any and all disputes, subject to the other provisions of this Agreement, between the customers and Merchant in respect of any goods/services sold/provided by Merchant shall not require MadJock to be a party to any such dispute except where the dispute between MadJock and the Customer has arisen by the acts and omission of MadJock.

7.14) Merchant agrees that it shall provide to MadJock the Customer Data relating to the Customers as defined under this agreement.

7.15) The Merchant shall only accept Payments from and/or make Refunds to Customers/Users in connection with goods and/or services which the Merchant has sold and supplied to those Customers/Users;

7.16) The Merchant shall only accept Payments and/or make Refunds in respect of goods and services the sale and supply of which commonly falls within the Merchant's business as identified to the MadJock

7.17) The Merchant shall only accept payments and submit data to MadJock in respect of Transactions which Customers/Users have authorized in accordance with Applicable Law, the Agreement and any other information or instructions provided by MadJock to the Merchant from time to time.

7.18) The Merchant shall cooperate with the MadJock and provide all information as the MadJock shall reasonably require enabling it to provide the MADJOCK PAY Services;

7.19) Merchant shall display the QR Code at significant location where it is easily visible to customers.

7.20) The Merchant shall also be responsible for informing, updating the customer’s about the cancellation and refund policy and MadJock shall not be responsible for the same in any manner.

7.21) The MadJock shall have no liability for any failure to provide or delay in providing the Services in accordance with the terms of this Agreement to the extent such failure or delay results from the failure of the Merchant to comply with terms or the Merchant has otherwise caused or contributed to the failure (by act or omission).

7.22) Unless otherwise agreed by the MadJock in writing, the Merchant acknowledges and agrees that it shall (at its own cost) be solely responsible throughout the Term for the provision of all equipment, software, systems and telecommunications facilities which are required to enable the Merchant to receive the Services.

7.23) Merchant will comply, at its own expense, with all laws, policies, guidelines, regulations, ordinances, rules, and/or orders of any governmental authority or regulatory body having jurisdiction over the subject matter hereof, including, without limitation, terms of issuing Banks or/and terms of the Payment Gateway Provider. MadJock reserves the right to amend, modify or change the Services documentation at any time. Merchant shall not use the Services in any manner, or in furtherance of any activity that may cause MadJock to be subject to investigation, prosecution, or legal action.

7.24) Merchant will comply, and will cause its employees, agents and sub-contractors to comply, with Data Protection Legislation in connection with the performance of its obligations under this Agreement. You are responsible for keeping your Account login information, password, and PIN secure.

7.25) Your use of third party products and services shall be governed by and subject to separate third party product, service, software and/or license agreements. MadJock shall not be a party to such third party agreements and does not warrant or guarantee any third party product or service.

7.26) Merchant shall provide the correct personally identifiable information of its customers/end users including but not limited to name, address, contact no. etc to MadJock in all respects. MadJock shall not be responsible, for any loss, or damages, causes either to Merchant and/ or customers/end users, in any manner whatsoever, due to the incorrect/false personally identifiable information of customers/end users, provided by the Merchant and the Merchant shall not claim or challenge for the same.

7.27) If you link a bank account with MADJOCK Pay, the bank must be a registered with RBI. When you make a payment that is funded by your bank, you are authorizing MadJock and our Financial Institution Partners to initiate an electronic transfer from your linked bank in the amount you specify. You are solely responsible for complying with any terms set by your bank with respect to your bank account, including any fee terms, such as non-sufficient fund or overdraft fee terms. If you are entitled to a Reversal, refund, or other adjustment associated with a payment you made using the MADJOCK Pay Services, you also authorize MadJock to credit your linked bank account to complete that transaction.

7.28) You shall have the marketable and legal right and title to sell Products offered by it to the Customers by using MADJOCK Pay.

7.29) In the event any Customer complaints or is dissatisfied with any Product, you shall take such measures as may be required to resolve the same at its sole cost and expenses.

7.30) You shall ensure that the best service standards in the industry are adopted and shall ensure Delivery of all Products paid for on the Merchant Site to Customers in accordance with the highest standards.

7.31) You shall be solely responsible for the accuracy of all information and/or validity of the prices and any other charges and/or other information relating to the Products, which are offered by you.

7.32) You hereby agree that it shall bear and be responsible for the payment of all relevant taxes, surcharge, levies etc. (including withholding taxes) in relation to the Customer Charge and MADJOCK Pay Services provided under this Agreement.

7.33) In the event that you opt for MADJOCK Pay Services, you agree and understand that you and your Customers shall be bound by the terms and conditions at www.MadJock.com/terms.You shall ensure that you and all your Customers comply with the terms and conditions.

7.34) You will not engage in any activity, including the development or distribution of an application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party including, but not limited to, MadJock or Financial Institution Partners.

7.35) You shall ensure to keep confidential, all information submitted by the Customers to you. The Customer shall not be required or asked to disclose any confidential or personal data, which may be prejudicial to interests of the Customer. You shall use the Customer data only for the purpose of completing the Transaction for which it was furnished, and shall not sell or otherwise furnish such information to any third party. You shall be liable to comply with existing data privacy regulations from time to time.

7.36) You shall in writing inform MadJock of all changes in its constitution, directors/partners/trustees, or change in the current addresses of each office, within seven (7) Business Days of such change having taken place listing out the names and details of the personnel in charge of your management and affairs. Such intimation shall be provided on your letterhead signed by your authorized signatory.

7.37) You shall not engage in activities that harm the business and/or brand of MadJock, the Financial Institutional Partners.

7.38) You shall be responsible to resolve all customer disputes and provide whatever assistance necessary to assist the Financial Institutional Partners and MadJock deal with all Customer disputes at its own cost.

7.39) You authorize MadJock to share Transaction data and Customer information with the respective Financial Institutional Partners.

7.40) You agree that MadJock reserves a right to suspend the payment and/or MADJOCK Pay Services provided herein, forthwith, in event you fail to observe the terms and conditions herein.

7.41) You agree that MadJock shall not be responsible for any incorrect information provided by Merchant and the transaction thereof.

7.42) Merchant shall immediately inform MadJock incase of any theft or lost of its instruments /mobile devices etc used for the MADJOCK Pay services. Merchant agrees that MadJock shall not be responsible in the event merchants fails to inform about such lost/theft of instruments /mobile devices etc.

7.43) You acknowledge and confirm that while accepting the payment using MADJOCK Pay, you shall not demand any Customer (Cardholder) to pay any surcharge, to pay any part of the discount, whether through any increase in price or otherwise, or to pay any contemporaneous finance charge in connection with the transaction in which a MADJOCK Pay is used. If at any stage it is brought to the notice of MadJock / Bank that such a charge is being levied by you, then services will be immediately terminated by MadJock or the Bank.

If there is no activity in your MadJock Account (including access or payment transactions) for a period of one (1) year, we may close your MadJock Account.

9.1) Your privacy is very important to us. Your accounts details in as much as the services under this terms of services are safe and secure with us.

9.2) By using our Service, you may receive information about Customers. You must keep such information confidential and only use it in connection with the Services. You may not disclose or distribute any such information to a third party or use the information for marketing purposes unless you receive the express consent of the Customer.

As you will be using the MADJOCK Pay Service, you undertake comply with all applicable rules, guidelines, instructions, requests and actions, etc., made by the Financial Institution Partners from time to time. The Financial Institution Partners may also put limitations and restrictions on you, at its sole discretion. In addition, the Financial Institution Partner has the right to reverse/reject settlement, suspend and/or terminate services, make inspections or inquiries in relation to the Transaction, etc. You understand and acknowledge that the Financial Institution Partners Rules form a part of this Agreement. In the event that your non-compliance of Financial Institution Partners Rules, results in any fines, penalties or other amounts being levied on or demanded of MadJock by an Financial Institution Partners, then without prejudice to MadJock’s other rights hereunder, you shall forthwith indemnify MadJock in an amount equal to the fines, penalties or other amount so levied or demanded. If you fail to comply with your obligations towards the Financial Institution Partners, MadJock may suspend settlement or suspend/terminate the MADJOCK Pay Services forthwith.

11.1) You shall be responsible at your own costs for providing and maintaining all necessary equipment, software and facilities at your end so as to connect the MADJOCK Pay Service.

11.2) You shall be responsible at your own costs for providing and maintaining all necessary equipment, software and facilities at your end so as to connect the MADJOCK Pay Service.

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

11.4) Without prejudice to the generality of the aforesaid, you shall routinely and at such time intervals as may be specified by MadJock check the integrity of the Hotlink and provide such reports from time to time.

Merchant hereby agrees and confirms to include the name and logo of MadJock/MADJOCK Pay Services in all of their advertisement / promotional material upon taking written consent from MadJock in writing.

13.1) Merchant has all the necessary licenses, permissions, approvals, rights and is fully authorized to sell the products/services to customers;

13.2) Merchant has full corporate power and authority to execute, deliver and perform this Agreement;

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

13.4) Merchant confirms that, the execution of this Agreement and the performance of its obligations under this Agreement and the implementations of the terms and conditions contemplated hereby do not constitute a breach of any contract, agreement, arrangement or understanding, entered into by it with any third party, or any IPR of any third party;

13.5) Merchant confirms that the execution of this Agreement and the performance of its obligations under this Agreement and the implementations of the terms and conditions contemplated hereby does not violate any statute, regulation, rule, order, decree, injunction or other restriction of any governmental agency or Court or any regulatory authority to which it is subject or any of the provisions of its’ constitutional documents;

13.6) Merchant shall post its refund/cancellation policy on its Website and shall ensure that its Customers are bound by the refund/cancellation policy. Merchant agrees to put up such notices, disclaimers or warranties as may be required under the law and/or by MADJOCK.

13.7) Merchant hereby agrees that MadJock does not verify the identity of Users of the Service and that the information provided to Merchant is the information received from the User/customer which has not been independently verified by MadJock.

13.8) Merchant shall solve/reply all issues and queries pertaining to customers complaints to their satisfaction including the issues relating to the refund amount of cancelled transactions within 24 (Twenty Four) hours failing which MadJock shall be entitled to debit the amount of such cancelled transaction from Merchant’s account without any further communication to Merchant.

13.9) In consideration of MadJock providing the services as provided under this agreement, Merchant shall at all times use the logo of MadJock / MADJOCK Pay services in all their promotional material and in their advertisement after taking the written consent from MadJock.

14.1) In consideration for MADJOCK Pay Service, you shall pay Transaction Discount Rate (“TDR”). The TDR shall be deducted by MadJock from the Customer Charge payable to you in respect of each completed Transaction. MadJock reserves the right to revise the TDR periodically, and MadJock will intimate you of any such change within reasonable time.

14.2) In consideration for MADJOCK Pay Service, you shall pay Transaction Discount Rate (“TDR”). The TDR shall be deducted by MadJock from the Customer Charge payable to you in respect of each completed Transaction. MadJock reserves the right to revise the TDR periodically, and MadJock will intimate you of any such change within reasonable time.

15.1) The MADJOCK Pay Services may enable the Merchant to receive immediate Payments from Users who authorize and initiate those Payments via payment gateway links or QR Code. When a User initiates a Payment, the MadJock will process the Payment. Provided that the issuing bank authorizes the payment, MadJock will credit the Merchant Account for the amount of the Payment less any applicable Fees. If the Merchant does not receive the payment, the Merchant shall immediately contact the MadJock.

15.2) Merchant is solely responsible for payment reconciliation of Transaction history with its actual Transactions. However, if Merchant find’s any discrepancy during reconciliation, Merchant agrees to notify MadJock and MadJock will promptly investigate and attempt to resolve any reported discrepancies. In the event of any dispute in the reconciliation/Invoice, MadJock shall have a right to review and verify, the information provided by Merchant under this Clause based on the data and information available with MadJock. It is hereby expressly agreed between Parties that in case of any discrepancy, the data and information generated by MadJock shall prevail and be binding upon the Parties and the merchant shall not challenge the same in any manner whatsoever.

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

15.4) MadJock may refuse to execute a Refund if it does not meet the conditions in this Agreement or is prohibited by law. If MadJock does refuse to execute a Refund, within the time for processing the Refund, it will notify the Merchant (unless prohibited by law) of the refusal and, if possible, the reasons for it and the procedure for correcting any factual mistakes that led to the refusal. Any Refund that is refused will not be deemed to have been received for purposes of execution times and liability for non-execution or defective execution. In order to reclaim an unauthorized or incorrectly executed Refund on the Merchant Account, the Merchant must notify MadJock without undue delay after becoming aware of the unauthorized or incorrect Refund and in any event no later than 7( Seven) days after the debit date of the Refund

15.5) It is acknowledged and confirmed by Merchant that MadJock may in future charge the commission percentage by notifying to Merchant.

15.6) In the event of termination of this agreement, Merchant undertakes and confirms to pay all amounts of money that are due and payable to MadJock within Two (2) days of termination of this Agreement. Merchant shall at all times be responsible for any expenses, cost, charges that may be incurred by MadJock for providing MADJOCK Pay Services including but not limited to payment gateway charges, any fees or penalty imposed by payment gateway service provider or issuing institutions etc.

15.7) MadJock shall do the settlement of transaction amount with Merchant on every business day except Saturday, Sunday or any declared holiday. The amount of the Settlement Payment for any Settlement Period shall be the aggregate amount of the Payments made by the Customers/Users in such Settlement Period less the following amounts: (A) the aggregate amount of Refunds made during such Settlement Period plus the aggregate Refund Fees applicable to such Refunds; (B) the aggregate amount of Chargebacks (plus the applicable Chargeback Handling Fees) made in such Settlement Period; (C) the Settlement Fee (if any)/ payment gateway charges owed by the Merchant for such Settlement Payment; and (D) any other relevant Fees relating to such Settlement Period.

15.8) MadJock may defer any Settlement Payment: (A) if the amount of such Settlement Payment is less than the minimum Settlement Payment threshold that the MadJock reasonably determines in the MadJock’s 's sole and absolute discretion (of which the MadJock will notify the Merchant from time to time), until the total Settlement Payment payable reaches that threshold; (B) where the MadJock reasonably believes that a Transaction may be fraudulent or involves other criminal activity, until the satisfactory completion of the MadJock 's investigation or that of any third party; or (C) without limit in amount or time, if MadJock becomes aware or reasonably believes that the Merchant is in breach of or likely to be in breach of the Merchant's obligations under this Agreement.

15.9)MadJock may at its sole and absolute discretion deduct or withhold such sums from, or set-off such sums against, any Settlement Payment; and/or send the Merchant an invoice for any or all such sums, which invoice shall be payable in accordance with its terms.

15.10) MadJock will make the settlement of the amount in the Merchant’s bank account provided by the Merchant to MadJock.

15.11) MadJock generates a successful transaction report daily at 00.00 hours through its system automatically and without any human intervention. The said transaction report is made available to the Merchant on regular basis. It is understood between the Parties that since the transaction report is generated automatically and independently, hence it shall prevail and be binding upon the Merchant and the merchant shall not challenge it any manner whatsoever.

15.12) Merchant shall be liable to deposit all indirect taxes that may arise on orders/bookings placed by the Customer. Merchant agrees to indemnify MadJock in case any demand of indirect taxes is raised by the revenue authorities including interest and penalty in relation to indirect taxes implications on the orders/bookings placed by the Customer under this agreement.

15.13) MadJock is only acting as a facilitator for receipt of payment of goods/services for Merchants. MadJock does not maintain/deliver any goods at any point of time and property in goods does not pass to MadJock under any circumstances. MadJock is not responsible for issuing any invoice on the customer either directly or on behalf of the Merchant and not liable for any tax liability pertaining to this transaction except on commission income (if any) earned by it.

15.14) MadJock shall have no liability for any penalty, interest, fine or other charges due to the delayed or non-payment of any (applicable) taxes to the tax authorities under this agreement.

16.1) You understand and acknowledge that at any time and from time to time, we may temporarily suspend or delay payments to you or require you to provide MadJock with Reserve of such amounts as may be requested by MadJock to secure the performance of your payment obligations under this Agreement for reason, including without limitation, high Chargeback risk, credit risk, refund overdraft risk, non-delivery issues, selling of banned items, non-payment of maintenance fees or other amount payable to MadJock or any other indications of performance problems related to your use of the MADJOCK Pay Service. If you fail to provide MadJock with Reserve within seven (7) days of receipt of notice for the same, MadJock reserves the right to suspend and/or terminate the Settlement Amount payable you or the MADJOCK Pay Service without further notice. MadJock may use this Reserve to set-off including but not limited to any Outstanding Amounts payable by you to MadJock, Financial Institution and/or Customers.

16.2) In case the Settlement Amount payable to you and/or the Reserve (if any) is not sufficient to cover your Outstanding Amount, then you shall pay MadJock and/or the Financial Institution the remaining amount due immediately upon request. MadJock shall be entitled to charge daily interest on such Outstanding Amount from the date of request until the date of payment in full, at the rate of 1.5% per month. Provided that the above right of MadJock to appropriate the Reserve and set-off the Outstanding Amount in the above manner shall be in addition to and reserving fully the right of MadJock to recover all such losses, costs and damages etc from you by any other means, which may be available to MadJock under the law. In addition, you agree to pay all costs and expenses, including without limitation attorneys' fees and other legal expenses, incurred by or on behalf of us in connection with the outstanding amount and the collection of same from you.

17.1) The Merchant shall bear the risk of Chargebacks initiated in respect of Customers/Users. If a Chargeback is initiated, MadJock will deduct from the Merchant Account the amount of the Chargeback plus the applicable Chargeback Handling Fee. The Merchant will provide such information and assistance as is reasonably requested by MadJock to process, administer, challenge or dispute Chargebacks. If the Chargeback is successfully challenged by submitted relevant documents and reversed, MadJock shall credit the Merchant the amount of such reversal and if Merchant is unable to defend the Chargeback then MadJock shall deduct the amount from Merchant’s account and shall credit in the User’s account.

17.2)Merchant hereby acknowledges that Issuing Bank/ payment Gateway service provider reserves the right to either accept or reject the chargeback of the Customer.

17.3) In case of cancellation of transactions by the, refund process shall be as follows:

18.1) Both the Parties hereby acknowledge and agree that each Party is the absolute owner of all right, title and interest in respect of their own trade name, logo, trademark, copyright, device, label, colour combination, artwork and visual representation and they shall not, by virtue of this Agreement, assume activities under this Agreement or affiliation with the other Party, acquire or claim any interest in any such trade names or copyright belonging to and/or owned by the other Party.

18.2) Each Party shall at all times, render assistance in its power to restrain the infringement, passing-off, duplication, unauthorized use or colorable imitation of any such trade descriptions, logo, device, label, art work, trade names, trademarks or Copyrights.

18.3) Each Party hereby agrees and undertakes that it shall not register, use or file and/ or assist in and/ or allow registering, using or filing, either directly or indirectly, for itself or through, on behalf of or in conjunction with any person or legal entity and whether as principal, agent, shareholder, consultant, employee or in any capacity whatsoever, any trademarks/ service marks in any class, either alone or in combination with any other mark or material, which is similar and or identical and/ or resembling in any manner with the other party’s marks and/ or intellectual property rights of the other party and not to associate the other party marks and/ or intellectual property rights of the other party with its own business and/ or the business of any third party associated with it, except as contemplated under this Agreement.

18.4) Upon the termination of this Agreement for any reason, the Parties shall immediately cease to use other party’s marks and/ or intellectual property rights vested in the other party in any manner whatsoever.

18.5)Either Party shall not claim any right, title, or interest in the other party marks and/ or intellectual property rights vested in the other party and the same shall at all times continue to be the exclusive property of the other party.

18.6) f. Either party shall not directly or indirectly do anything which shall have an adverse impact on the other party’s marks and/ or intellectual property rights and/ or confidential information of the other party. In the event of termination of this Agreement the provisions of this Clause 10 shall survive the termination of this Agreement.

19.1) Except as specifically set out in this Agreement, no announcement or communication concerning the terms of this Agreement shall be made or caused to be made before or after the execution of this Agreement, by both Parties without mutual consent.

19.2) Both Parties have agreed that, save and except with the prior written consent of the other Party:

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

19.4)In the event either Party violates or causes to be violated any of the provisions of this Clause during the term of this Agreement and after its expiry or sooner termination, the other Party shall, without prejudice to its other rights to claim injunctive relief, be entitled to claim from the Party in breach, and the Party in breach shall be liable to pay to the other Party as liquidated damages, compensation to the tune of actual amount of damages as determined and supported by proof of evidence, by the other Party. The above clause shall survive for the period of three years after the termination of the Agreement.

20.1)The Merchant warrants and represents that all information provided to MadJock in the course of applying to use the MADJOCK PAY Service is true and accurate in every respect and the Merchant will keep all such information up to date during the Term.

20.2)The Merchant warrants that it will conduct its business in the Territory and that it will only use the Services and/or receives Payments within the Territory. The Merchant warrants and represents that the sale and purchase of goods and services by Users/Customers and the integration of MADJOCK PAY meet all Applicable Law in the Territory and the provision of the Services by MadJock will not contravene any such Applicable Law. If it is determined that such acts do contravene any Applicable Law, MadJock may terminate this Agreement immediately.

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

21.1) This clause sets out the entire liability of the parties (including any liability for the acts or omissions of their respective employees, agents and sub-contractors) to each other in respect of: any breach of this Agreement; any use made by the Merchant or its Affiliates of the Services or any part of them; and any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement. In particular, and except as expressly stated in this Agreement: MadJock makes no representations or warranties, express or implied, with respect to Merchant ability, fitness for a particular purpose or non-infringement; MadJock does not warrant or guarantee that Merchant will achieve any level of sales, revenue or profit; MadJock does not warrant or guarantee that the MADJOCK PAY Services will always be available or operate error-free, or that any errors, omissions or misplacements in the software will be corrected.

21.2) Nothing in this Agreement shall limit or exclude the liability of either party for death or personal injury resulting from negligence; fraud or fraudulent misrepresentation; the indemnification obligations; or any other liability that cannot be excluded by Applicable Law.

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

22.1) THIS SERVICES ARE PROVIDED ON AN “AS IS, “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES. MADJOCK DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ENTIRELY ERROR -FREE. MERCHANT MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY REGARDING THE SERVICES BY ANY THIRD PARTY IN CONTRAVENTION OF THE FOREGOING STATEMENTS, INCLUDING REPRESENTATIONS OR WARRANTIES OF ANY MADJOCK EXCEPT AS EXPRESSLY SET FORTH HEREIN.

22.2) MADJOCK SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON -INFRINGEMENT, OR TITLE WITH RESPECT TO THE SERVICES, OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT. MERCHANT UNDERSTANDS AND AGREES THAT MADJOCK SHALL BEAR NO RISK WITH RESPECT TO MERCHANT’S SALE OF PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY RISK ASSOCIATED WITH CHARGEBACKS OR FRAUD IN ANY MANNER WHATSOEVER.

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

This Agreement shall remain in force continuously from the date of execution of this Agreement, until and unless otherwise terminated by either party by giving 30 (Thirty) days prior written notice to the other party. The duration may be reduced as mutually decided by both the parties.

24.1) Each party shall have the option to terminate this Agreement at any time by giving 30 (thirty) days advance notice in writing to that effect to the other party.

24.2) The Parties have right to terminate this Agreement forthwith by a notice in writing to the other Party, if other Party has committed any material breach of its obligations specified under this Agreement or has violated any law under which its right to business may cease and has failed to remedy the highlighting such breach or non-performance within one week.

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

24.4) This Agreement shall stand terminated automatically if the business of the merchant becomes illegal/unlawful/banned by the law of the land or if the Merchant indulges in any illegal act or practice that makes its business illegal/unlawful/banned or if any transaction has taken place which results directly or indirectly in Money Laundering activities or financing of terrorists activities. MadJock shall not be liable for such activities/transactions and Merchant shall be solely responsible / liable for any action taken by any Government or regulatory authority.

24.5) In the event of the termination of this Agreement either Party will, forthwith return all the signage, literature, banners, glow-signs and any such other promotional material to other party. The termination shall not affect any liabilities incurred by the either Parties prior to the termination of the Agreement or for acts performed during the pendency of the Agreement which may result in a dispute post termination of the Agreement nor any provision expressed to survive or to be effective on termination and the obligations set out in this clause shall remain in full force and effect notwithstanding termination.

25.1) Assignment: Neither Party shall assign the obligations nor any of the benefits under this Agreement to any persons, firm or company, save and except with prior written permission from the other party.

25.2) Waivers: No waiver by either party of any of their terms hereof or of any breach thereof shall constitute or be deemed to be a waiver of any such terms or of any breach in any other case whether prior or subsequent thereto.

25.3) Force Majeure: Neither party to this Agreement shall be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, web space or website by way of hacking, virus prone, defacement, stoppage of display or transmission of the website/app of MadJock, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control. If at any time during the term of this agreement the performance in whole or in part by any one of the parties, of any obligation under this agreement is prevented or delayed by reason of war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action or Act of God, the other party shall not be entitled to terminate this agreement neither shall any party have any claim for damages against the other in respect of such non-performance or delay in performance, provided notice of the happening of any such event/s is given by the affected party to the other within twenty one (21) days from the date of occurrence thereof.

25.4) Arbitration: Any dispute or difference which may arise at any time between the parties, as to the construction, meaning or effect of, or, as to any clause, matter or things contained herein, or as to the rights or liabilities of the parties under this Agreement, shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed with mutual consent of the parties. Arbitration shall be held at Mysore, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. The Agreement shall be governed by and construed in accordance with the laws of India. The courts of Mysore, India, shall have exclusive jurisdiction in connection with this Agreement.

25.5) Notice: Delivery of Notice: All notices or other communications required to be given hereunder shall be in writing and delivered either personally or by registered A.D. and /or mail, certified, return receipt requested postage prepaid, and addressed as provided in this Agreement or as otherwise requested by the receiving party. Notices delivered personally shall be effective upon delivery and notices delivered by mail shall be effective upon their receipt by the party to whom it is addressed. The Parties shall notify any change in address to the other party promptly. In case of failure to intimate the other Party about the change of address, the notice shall be served to the address mentioned in this agreement and shall be treated as properly served.

25.6) Entire Agreement: This Agreement constitute the entire Agreement between Merchant and the MadJock pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the parties.

25.7) Severability: If any provision of this Agreement is determined to be unenforceable for any reason, then the remaining provisions hereof shall remain unaffected and in full force and effect.

25.8) Variations of Agreement: No variation or amendment to this Agreement shall bind either party unless made in writing and signed by the duly authorized persons/officers of both the parties.

25.9) Jurisdiction: It is mutually agreed between the parties hereto that any dispute or claim arising under this Agreement shall be subject to the jurisdiction of the Courts at Mysore.

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

A.1) Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery an d other media); escort or prostitution services; website access and/or website memberships of pornography or illegal sites.

A.2) Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.

A.3) Body parts which includes organs or other body parts.

A.4) Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam).

A.5) Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free.

A.6) Child pornography which includes pornographic materials involving minors.

A.7) Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection.

A.8) Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials

A.9) Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.

A.10) Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods

A.11) Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms

A.12) Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items

A.13) Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction

A.14) Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrollment in online gambling sites, and related content

A.15) Government IDs or documents which includes fake IDs, passports, diplomas, and noble title.

A.16) Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, website, or other protected property.

A.17) Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.

A.18) Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes.

A.19) Offensive goods which includes literature, products or other materials that:

A.20) Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals.

A.21) Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.

A.22)Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable, and radioactive materials and substances.

A.23) Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications.

A.24) Securities which includes stocks, bonds, or related financial products.

A.25) Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.

A.26) Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products.

A.27) Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.

A.28) Wholesale currency which includes discounted currencies or currency exchanges.

A.29) Live animals or hides/skins/teeth, nails and other parts etc of animals.

A.30) Multi Level Marketing collection fees.

A.31) Matrix sites or sites using a matrix scheme approach.

A.32) Work-at-home approach and/or Work-at-home information.

A.33) Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India.

A.34) Merchant providing services that have the potential of casting MadJock and/or Payment System Providers in a poor light and/or that may be prone to ―Buy & Deny‖ attitude of the cardholders when billed (e.g. Adult material/ mature content/Escort services/ friend finders) and thus leading to chargeback and fraud losses.

A.35) Businesses or website that operate within the scope of laws which are not absolutely clear or are ambiguous in nature (e.g. Web-based telephony, website supplying medicines or controlled substances, website that promise online match-making).

A.36) Businesses out rightly banned by law (e.g. Betting & Gambling/ publications or content that is likely to be interpreted by the authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/sweepstakes & games of chance.

A.37) Merchant who deal in intangible goods/ services (eg. software download/ Health/ Beauty Products), and businesses involved in pyramid marketing schemes or get-rich-quick schemes. Any other product or Service, which in the sole opinion of either MadJock or Payment System Providers , is detrimental to the image and interests of either of them / both of them, as communicated by either of them/ both of them to Merchant from time to time. This shall be without prejudice to any other terms & conditions mentioned in this Agreement.

A.38) Bulk marketing tools which includes email, lists, software, or other products enabling unsolicited email messages (spam).

A.39) Web-based telephony/ SMS/Text/Facsimile services or Calling Cards. Bandwidth or Data transfer/ allied services. Voice process /knowledge process services.

A.40) Mailing lists.

i. This TERMS OF USE FOR MADJOCK PAY SERVICES governs the terms of your use of MADJOCK PAY Services offered by Tark INnovation Pvt Limited. (herein after referred to as MadJock)

ii. BY REGISTERING FOR OR USING MADJOCK PAY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THE MADJOCK PAY SERVICES. As the MADJOCK PAY Services owned by MadJock, hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of MadJock.

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

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

i. "Account" refers to the account created for a User as soon as he successfully completes the process of registering at www.MadJock.com, which contains information regarding his MADJOCK Pay Services, which permit payment and domestic money remittance as per RBI direction, as amended by RBI from time to time.

ii. "Customer" "or" "you" mean a person who has registered with MadJock for availing the MADJOCK PAY Services and who has accepted these Terms and Conditions and, owns/operates/has access to an internet compatible device that supports the MADJOCK PAY Services.

iii. "Charge(s)" or "Service Charge" shall mean the charges which MadJock may levy upon you in consideration for subscribing to the MADJOCK PAY Services.

iv. "Eligible" means satisfying the conditions of eligibility prescribed under these T&Cs.

v. "KYC" stands for Know your Customer and refers to the various norms, rules, laws and statutes issued by RBI from time to time under which MadJock is required to procure personal identification details from you before any services can be delivered. Know your Customer (KYC) documents may be required by MadJock from the Customer at the time of Registration and/ or on a later date, for availing and / or continuation of the MADJOCK PAY Services.

vi. "MADJOCK PAY Services" allows its registered users to: a) to make a payment via payment gateway internet enabled links which shall be sent on their email/sms/links; or b) scan QR Codes placed on posters or other media displayed at Merchant’s establishment to enable you to quickly and easily make payment via method internet enabled links which shall be sent on their email/sms/links (i) register with and/or log in to the Merchant's website; and/or (ii) make payments to the Merchant, or (c) transfer funds to a savings or current bank account, or to make any valid transaction, upon completing the necessary formalities mentioned herein, or otherwise mention time to time.

vii. "Merchant" means any of the establishments listed on the webpage available at www.MadJock.com or at its portals which/who accepts payment through MADJOCK Pay Services for sale of their goods and services and with whom we have executed physical contracts. The list of Merchants available at www.MadJock.com

viii. may be revised by us from time to time without intimation to you.

ix. "Merchant Establishment" shall mean and include physical Merchant's shops, and any other outlet that has been authorized by MadJock to accept payment using MADJOCK PAY Services.

x. "MADJOCK Registered Users" mean any User who completes the necessary formalities as required for registration.

xi. "Password" means the secret password used to secure MADJOCK PAY Services applications, without knowledge of which MADJOCK PAY Services will not be operable.

xii. "RBI" means the Reserve Bank of India.

xiii. "Registration Form" shall mean the MADJOCK PAY Services Registration Form, as is required by MadJock from the Customer at the time of Registration for availing and / or continuation of the MADJOCK PAY Services.

xiv. "Transaction" means make a payment for purchase of goods or services at Merchant establishments or fund transfer to the savings or current bank account, or any other legitimate transactions.

xv. "Terms and Conditions of Service" or "T&Cs" refers to these terms and conditions of use of MadJock's Services, and any future revisions of the same, which you are informed of via automated e-mail sent to Your Registered E-mail Address.

While using MADJOCK Pay Services, you represent and confirm that:

A. You must be 18 (eighteen) years old;

B. You are Indian citizen, a legal resident of India or a business entity, authorized to conduct business in India;

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

D. You are not 'incompetent to contract' within the meaning of the Indian Contract Act, 1972;

E. You are entering into and performing this Agreement, as per applicable law and are not a person debarred from using the MADJOCK Pay Services under the laws of India or other applicable laws.

F. MADJOCK Pay Services can only be used in India. You acknowledge that MadJock Services may be subject to export restrictions imposed by the laws, rules, regulations, and guidelines in force in India.

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

i. To open an Account or to Use the Services, you must provide us with the following "Registration Data": a valid and functional e-mail address ("Registered E-mail ID"); a valid and functional phone number registered in your name ("Registered Phone Number"); a password; Valid Bank / Card details (for example, Bank Account No, IFSC Code, Bank Account No, Card No, Card Expiry details etc.) and any additional information that RBI Regulations may prescribe to be necessary to satisfy Know Your Customer norms ("KYC Norms"), or as we deem fit.

ii. The Registration Data and any other information provided by you to us must be accurate, current and complete information about yourself or your company as prompted by our registration form (including your email address) and maintain and update your information (including your email address) to keep it accurate, current and complete. Any liability for false, fictitious, inaccurate, not current or incomplete Registration Data provided by you will be borne solely by you and not us.

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

iv. In order to protect the security of your Account and MADJOCK Pay, we require you to (a) immediately inform us at our Hotline No. 9380626815 & email us at support@MadJock.com , of any unauthorized use of your Account and (b) to ensure that you log out of Your Account at the end of every session.

v. In accordance with RBI Regulations to prevent money laundering and the funding of terrorism in India, We may suspend or terminate your Account with immediate effect if we have reason to believe that the Registration Data or any other data provided by you is incorrect, or that the security of your Account has been compromised in any way. Please note that in order to comply with RBI Regulations, we do not allow you to open more than one Account in association with the phone number registered in your name.

vi. In the event that you have forgotten the password to your Account, you may click on Forgot Password to request a new password. Based on our sole discretion and if we are satisfied that the identity of the applicant for a new password matches your identity, we will send an e-mail to your Registered E-mail ID, with instructions to reset your password ("Password Instructions"). You will be solely responsible for any transactions which occur through your Account once we send the Password Instructions to your Registered E-mail ID.

vii. In the event that you are unable to access to your Account for any reason other than forgetting your password, please inform us at our Hotline No. 9380626815 & email us at MadJockpay support@MadJock.com and make a request for blocking your Account. We will not be liable for any unauthorized transactions made through your Account prior to you making a request for blocking.

viii. You may be required to provide additional information to allow us to verify your identity and/or your account information. We may also verify your information against third party databases or other sources and you authorize MadJock to make such inquiries.

ix. You are responsible for keeping your Account information and password secure. If you share your Account credentials with another person, you are responsible for all activity they conduct using MADJOCK Pay Services, regardless of whether or not you authorized their activity. We will never ask you for your Account credentials.

i. The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and MadJock reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. MadJock reserves the right to discontinue services/ reject applications for MADJOCK PAY Services at any time if there are discrepancies in information and/or documentation provided by you.

ii. Any information provided to MadJock with the intention of securing MADJOCK PAY Services shall vest with MadJock, and may be used by MadJock, for any purpose consistent with any applicable law or regulation, at its discretion.

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

6.1. Use of MADJOCK Pay Services

6.2. 'One Tap' Feature:

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

You understand that you have agreed to select the 'One Tap' feature in whole or in part at your own risk and for your convenience. You agree that we are only acting as your technology intermediary and eliminating the need for you to manually enter your card details or OTP. All information and instructions received from your Card will be deemed to have been authorized by you and we shall not be liable for any unauthorized use of your Cards or any unauthorized transactions made using the whole or any part of the 'One Tap feature'. It is to be clarified that the 'One Tap' feature doesn't avoid the two-factor authentication system, it only provides a technology platform which eliminates the need of manual typing of card details and OTP by you. We emphasize that we are not involved in the authentication, authorization and processing of you payment request and only facilitate you in sending such payment instruction to the Payment System Provider.

In the event that your device (mobile, tablet, laptop, etc.) is stolen/lost or your suspect any unauthorized use of your debit/credit Card, please ensure you go to the payment page of MadJock App and de-activate the 'One Tap' feature immediately. You should also inform us of the same after de-activation at MadJockpaydisputes@MadJock.com. In the event that you have de-activated the 'One Tap' feature and informed MadJock of the same and thereafter an unauthorized transaction is made, MadJock’s service provider will take responsibility for the same provided that you provide us with adequate information that the transaction was not made by you or any person that you know. MadJock’s service provider shall determine that legitimacy of the claim at our sole discretion.

i. Currently, we do not charge you to use the MADJOCK Pay Services. However, your mobile network operator may charge you to access the MADJOCK Pay and you are responsible for these charges.

ii. Please note that in future MADJOCK Pay Services may be chargeable at the discretion of MadJock, in the form and manner prescribed for such payment. MadJock may at its discretion, change, amend, increase, or reduce the Service Charges without prior intimation to the Customer.

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

i. When you use the MADJOCK Pay Services, we will send your information (including, where applicable, your encrypted payment card details) from the MADJOCK Pay server to the third party payment services provider.

ii. By using MADJOCK Pay Services you agree to receive promotional SMS/Emails from MadJock or its associates, agent or partners.

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

iv. The MadJock reserves the right to use your Information in order to contact you in the future in relation to marketing any other products or services offered by the MadJock, any of its related group companies or participating merchants.

v. You shall be responsible for maintaining the confidentiality of your personal and sensitive data or information and you shall be responsible for all activities that occur under your use of MADJOCK Pay. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, we shall have the right to indefinitely suspend or block your access to MADJOCK Pay Services.

i. MADJOCK PAY Services availability is subject to the maintenance of an active mobile phone, internet connection with an associated telecom provider and Bank / Card Account. MADJOCK PAY Services availability is subject to the maintenance of a mobile phone handset and other application on which Services run and the Customer is solely responsible for all liability arising from the unavailability of Services due to a mobile handset or internet service provider not supporting any MADJOCK PAY Services channel or application.

ii. You must ensure the availability of sufficient funds before executing any Transaction from your MADJOCK PAY Services.

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

iv. You shall intimate MadJock about change in your address, if any, in writing along with such proof of address as per the KYC documents.

v. You shall not use MADJOCK PAY Services for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, MadJock policy or public policy or for any purpose that might negatively prejudice the goodwill of MadJock.

vi. You acknowledge and understand that MADJOCK PAY Services are linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/ theft / misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider, in respect of the Services.

vii. Information submitted by you for availing MADJOCK PAY Services and/or information submitted while using MADJOCK PAY Services may be shared with third parties by MadJock, inter alia, to facilitate the provision of MADJOCK PAY Services.

viii. You shall ensure that the Services are not used for Transactions in foreign currency. MADJOCK PAY Services is issued & shall be valid only in India and shall be used at Merchant Establishments only in India.

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

x. You shall not misuse, rent, lease, assign, or otherwise transfer the MADJOCK Pay services to any other Person. You may not alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from or included in the MADJOCK Pay services/System. All rights, title and interest to the MADJOCK Pay services are owned exclusively by MadJock.

xi. You will only use the MADJOCK Pay services for your own purposes and not on behalf of any other person or entity;

xii. You and all payments initiated by you will comply with all laws, rules, and regulations; and you will not use the MADJOCK Pay, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the functionality of the MADJOCK Pay services.

xiii. You will not breach these Terms or any other applicable terms or policies;

xiv. You will not engage in illegal or fraudulent activities. You will not engage in transactions involving illegal goods, including but not limited to counterfeit goods, stolen goods, illegal or controlled substances, and substances that pose a risk to consumer safety, counterfeit services, illegal gambling, and money laundering, purchase, sale, or exchange of Virtual Currency, or provide a Virtual Currency marketplace or exchange;

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

xvi. You will not engage in activity that indicates, in MadJock's sole discretion, that there may be a high level of risk associated with you, or your Account activity. The use of any MADJOCK Pay that has connectivity to the Internet or any external network poses an increased risk, and you assumes all liability for such increased risks.

xvii. You will fully cooperate with MadJock in complying with the laws.

xviii. You shall liable for data security breach and credit card information if you fail to protect the data and information. You shall protect your data.

xix. You must vigilantly comply with all applicable law, including, without limitation to, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made thereunder and any other law for the time being in force, and shall not do, or omit to do, any act that will cause MadJock to be in breach of any such applicable law. If you breach the terms of this agreement, you shall indemnify us against any costs claims and liabilities arising as a result of the breach.

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

MadJock shall process a refund, when a valid authorization and presentment was previously processed and the Users subsequently either cancelled the transaction or returns the goods, or wishes to refund the amount in cases of services not rendered, or to rectify any transaction processing error, or services/goods is not delivered within prescribed period of your completion of the transaction, then you may inform us by sending an email to our customer services email address mentioned on the Contact Us page, containing the complete details of the said disputed transactions such as date, time, order/transaction numbers, account number etc.. For processing a refund, the users shall present a refund request to MadJock along with all the required detail to identify the previously authorized and settled transaction and MadJock shall process the refund within 5 (Five) working days from the date the refund request is received. The refund request must describe the failed / returned / rejected / cancelled transactions or merchandise were returned, services cancelled or adjustment made. The funds have to be credited back to the same source from where these were received, and not by cash or any other mode. In case of any users’ complaint regarding non- refund for failed transactions and/or non-credit for successful transactions shall be dealt by the Bank. Any complaint about credit not being given to Users should be dealt with conclusively and bilaterally by the remitting and beneficiary banks as per its Policy. Note: MadJock is not responsible for any wrong purchase or recharge for an incorrect mobile number or DTH account number or fund transfers in an incorrect bank account or any unauthorised payment by users. You are sole responsible for the accuracy, authenticity of information pertaining to the goods/services or the payment credentials while using the MADJOCK Pay Services.

i. We give you the opportunity to choose a password to gain access to the MADJOCK Pay Services itself or to various features within the MADJOCK Pay Services. As long as the correct Password is entered (or if you elect not to use a Password), we will assume that you are the person giving instructions and making payments or fund transfer and you will be liable for them. You must therefore choose a secure Password that is not easily guessed by another person, keep the Password is secret and make sure that it is not stored in a way that enables others to access it or impersonate you. In addition, for the avoidance of doubt, if you disclose the Password to any person whom you authorise to access the MADJOCK Pay Services, you are also responsible and liable for any access, use, misuse or disclosure of your Password by such person.

ii. If you become aware of a payment being made via the MADJOCK Pay Services that was not authorised by you or if you lose the device on which the MADJOCK Pay is installed, disclose your Password to a person unauthorised by you, or believe that someone else can use the MADJOCK Pay by impersonating you, you should inform us immediately and we will disable the payments feature of the MADJOCK Pay until you re-enter your payment card details in the MADJOCK Pay. Unless and until you provide such notice:

i. you will be responsible for any instruction which we receive and act on, even if it was not given by you; and

ii. we will not be responsible for any unauthorised access to confidential information about you in the MADJOCK Pay.

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

iv. You agree to fully cooperate with us, affiliates, payment gateway service providers, Banks, merchants, regulatory authorities and the police where you or we suspect there have been Unauthorised Payments in respect of the MADJOCK Pay Services.

i. When you use the MADJOCK Pay Services, we are acting as an intermediary to assist you in concluding the purchase of goods or services from participating merchants or to make the payment successful to the recipient . When you purchase goods or services from participating merchants, the contract for the sale of those goods or services will be between you and the merchant.

ii. You understand and agree that the MadJock shall not be responsible for the outcome of your transactions with external merchants via the MADJOCK Pay Services. We do not have control, nor shall we be liable for, the legality of, or the use of, the goods and services that are paid for using the MADJOCK Pay Services.

iii. MadJock shall not be responsible for any fraudulent transaction by any person in any manner whatsoever.

iv. MadJock shall not be responsible for any chargeback, refunds or cancellation of products or services.

v. MadJock will take adequate encryption and security measures to maintain the data secured generated and it shall maintain high standards in relation to providing secure services to you.

vi. MadJock is not responsible for any non-performance or breach of any contract entered into between you and Merchants. MadJock cannot and does not guarantee that the concerned Merchants and/or You will perform any transaction concluded via MADJOCK Pay, MadJock shall not and is not required to mediate or resolve any dispute or disagreement between Merchants and You.

vii. MadJock is only providing a platform for the purposes of transaction and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between you and Merchants. At no time shall MadJock hold any right, title or interest over the products nor shall MadJock have any obligations or liabilities in respect of any transaction between you and Merchants. MadJock is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable etc.

viii. It is the responsibility of you and the relevant Merchants, not us, to resolve any dispute or claim raised by you relating to any payments or fund transfer made via the MADJOCK Pay Services. We may, however, initiate a refund if (a) a payment made via the MADJOCK Pay Services is reversed by a court, regulatory authority or other third party acting in accordance with applicable law, (b) we, in our sole and absolute discretion, accept or have reason to believe that a payment was not authorized by you, or (c) a payment is allegedly unlawful, suspicious, or in breach of this Agreement. Where you have a dispute with Merchants, we will provide information we hold, which may assist resolution and otherwise attempt to assist you as far as we consider practicable. We may charge you an administration fee to cover our reasonable costs of providing any such assistance.

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

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

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

i. We may suspend or terminate your access to the MADJOCK Pay Services without notice where it is reasonable for us to do so and specifically if: (i) for any reason we decide to discontinue to provide the MADJOCK Pay, (ii) we believe that you have breached any of the terms of this Agreement, (iii) your use of the MADJOCK Pay has been in any way improper or breaches the spirit of this Agreement, (iv) we reasonably believe use of the MADJOCK Pay may be at risk of fraud or misuse; (v) our information technology infrastructure has failed, is experiencing outages or requires maintenance; or (vi) ordered or recommended to do so by the security services, court or a relevant regulatory authority.

ii. MadJock reserves the right to suspend/discontinue MADJOCK PAY Services to you at any time, for any cause, including, but not limited, to the following-

i. For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the terms and conditions mentioned in this document

ii. For any suspected discrepancy in the particular(s), documentation or registration Form provided by you;

iii. To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure reasons etc;

iv. If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons.

v. If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;

vi. If the mobile connection with which your MADJOCK PAY Services is related ceases to be operational or in your possession or control.

vii. If MadJock believes, in its reasonable opinion, that cessation/ suspension is necessary.

i. As some information appearing on the Website is provided to MadJock by third parties, MadJock will have no liability in respect of any loss or damage arising from third party information which appears on the Website, including the manner in which the information is displayed or information which may be: Out of date; Inaccurate; Duplication; Impersonation by a person to be another person.

ii. All dealings and communication arising from MadJock's facilitation of interaction between Merchant and users will be between the Merchant and users only and MadJock is not responsible in any manner for any communication between the users and the Merchant, and has no liability in respect of such dealings whatsoever. MadJock is not an agent for any of the Merchants listed on this Website and MadJock has no responsibility for and no liability whatsoever in respect of the conduct of a Merchant or quality of service provided by a Merchant.

i. When you acquire goods, software or any other services from a Merchant Establishment through any of MadJock's Services, you understand and agree that, MadJock is not a party to the contract between you and the Merchant Establishment. Furthermore, MadJock is under no obligation to monitor the Merchant Establishment’s service used by you; the Merchant Establishment alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant Establishment must be directly resolved by the Customer with the Merchant Establishment. It is clarified that MadJock shall not be responsible or liable for any deficiency in goods and/or services purchased using MADJOCK PAY Services. This exclusion of liability shall apply even for goods and/or services made available by MadJock under promotional schemes. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.

ii. Any amount transferred erroneously by the Customer to any Merchant Establishment shall not be refunded to the Customer by MadJock in any circumstances.

iii. In the event of any dispute, MadJock records shall be binding as the conclusive evidence of the Transactions carried out through use of MADJOCK PAY Services.

iv. MadJock shall send all customer communications by SMS and/or email/link and the SMS/link/email shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator.

v. You agree to receive all commercial message including transactional messages from MadJock.

i. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE PLATFORM/NETWORK AND SERVICES OFFERED. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.

ii. THE MADJOCK PAY SERVICES IS PROVIDED "AS IS" "WHERE IS", "WITH ALL FAULTS" BASIS. WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SATISFACTORY QUALITY, FITNESS FOR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICE OFFERED THROUGH THE MADJOCK PAY.

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

i. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER MADJOCK, NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO USERS OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERMS, THE SITE OR THE OFFERINGS, EVEN IF ANY OF SAID PARTIES HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

ii. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO INR ONE HUNDRED (INR 100).

You agree to indemnify, defend and hold MadJock and/or related parties harmless from any and all claims, losses, damages, and liabilities, penalty, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to your use or misuse of the MADJOCK PAY Services, any breach of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you.

MadJock shall comply with the laws as applicable for the time being in force.

You specifically agree that in order to facilitate the provision of MADJOCK PAY Services, MadJock may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise.

The MadJock hereby grants you the non-exclusive, non-transferable right to use our MADJOCK Pay services in accordance with this Agreement. We, or our licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights ("IP Rights"), in and to the website, the Usage Data or MADJOCK Pay services. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the Site, the Platform or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the MADJOCK Pay to create a competing product. You hereby acknowledge that by using the MADJOCK Pay services, you obtain no rights in the software, trademarks or content related to the MADJOCK Pay and you may only use the same in accordance with this Agreement. Unauthorized use is strictly prohibited. All rights are expressly reserved to MadJock.

For Redressal of disputes/complaints you can email to us at MadJockpaydisputes@MadJock.com, with brief details of your complaint or call on our hotline No. 9380626815. Our customer service staff will acknowledge and redress your complaint on best effort basis.

Any dispute or difference which may arise at any time between the parties, as to the construction, meaning or effect of, or, as to any clause, matter or things contained herein, or as to the rights or liabilities of the parties under this Agreement, shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed, at the sole discretion, by MadJock. Arbitration shall be held at Mysore, India. The proceeding of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. The parties irrevocably agree that the Agreement shall be governed by and construed in accordance with the laws of India and the courts of Mysore, India, shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement and waive any objection to such personal jurisdiction based on forums non-convenience or any other basis.

MadJock shall not be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by technical issue, server malfunction, war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, web space or website by way of hacking, virus prone, defacement, stoppage of display or transmission of the website/app of MadJock, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control.

i. We reserve the right to modify or terminate the MADJOCK Pay Services at any time, without notice, and we will not be liable to you as a result of any such action.

ii. MadJock shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates group companies.

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

iv. The Parties to this Agreement are independent contractors and nothing in this Agreement shall make them joint ventures, partners, employees, agents, associates, affiliates or other representatives of the other party hereto.

v. To the maximum extent permitted by law, you waive, release, discharge and hold harmless MadJock, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Platform/ MADJOCK PAY Services.

vi. If any provision of this Agreement is determined to be unenforceable for any reason, then the remaining provisions hereof shall remain unaffected and in full force and effect.

vii. No variation or amendment to this Agreement shall bind either party unless made in writing and signed by the duly authorized persons/officers of both the parties.

viii. In this Agreement and unless otherwise stated, "we", "us" or "our" refers collectively to the MadJock and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.

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

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

The Services (defined hereinafter) of 'MadJock' is provided by Tark INnovation Pvt Limited, a company incorporated under the Companies Act, 1956 and having its registered office at Building ‘Samaira Arcade’ #06,A1 Block, Vijaynagar 3rd Stage- Mysore 570030 ("MadJock"). MadJock carries on the business of providing information about Vendors (defined hereinafter) of various products and services ("Information") in selected towns and cities in India ("Service") to end users. MadJock is local search engine and it primarily provides directory services to its Callers/Users as per their requirements & searches made on MadJock’s portals in as much as this terms of use is concerned as applicable to the vendors. MadJock search service is available to users through multiple platform viz., Internet, mobile internet, telephone (voice, text & SMS). MadJock is merely a medium which connects general public with vendor’s goods and services listed on MadJock, however, at the same time it does not intend to guarantee any business to such Vendors. The Vendor details as provided by them are specified in the listing available at MadJock's portals. MadJock's objective is to provide a quicker guide for up-to-date Information in a user friendly manner and via a medium that the end user is comfortable with. The end users ("hereinafter referred as Callers/Users") of the Service are persons who may want to purchase goods / avail services and are seeking information about the Vendors of such goods and services. These Terms of Service (defined below) and the invoice mentioned in Clause 13 constitute the entire understanding/Contract) between MadJock and the Vendors.

a. Contract means this Terms of Service together with all Schedules and Annexures (if any);

b. References to a party hereunder shall include such party’s successors, permitted assigns and any persons deriving title under it;

c. The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of the content of such Clauses;

d. The use of words in the singular or plural, or with a particular gender, shall not limit the scope or exclude the application of any provision of this Contract to such person or persons unless the context otherwise permits;

e. Any grammatical form of a defined term herein shall have the same meaning as that of such term; and The words "including" and "includes" herein shall always mean "including, without limitation" and "includes, without limitation", respectively.

Vendors may be business houses, small medium enterprises, corporate entities, semi-corporate entities, establishments or individuals, who subscribe to the Service in order to list their company or business. MadJock will provide only the Information about the Vendor to the Users in the manner provided for in these Terms. Vendor agrees and acknowledges that MadJock does not guarantee any business to the vendor and is merely a medium through which information is made available to the general public.

4.1)This Terms of Service, including any Invoice, Annexures etc. together will be referred as "Contract/ Terms of Service". This Terms of Service will override any previous understanding (whether written or oral) between the Vendor and MadJock on the subject matter hereof. The Terms Of Service shall be valid and effective for 1 (one) year or more from the Effective Date unless otherwise agreed by the parties and in accordance with the terms of Service subject to the timely receipt of the payment. The Service would automatically stand renewed unless

4.2) Subject to terms set out in Clause above, it is clarified that the automatic renewal of the Service will also be subject to sufficient credit balance of Vendor being available in the Vendor's account with MadJock. It is further clarified that in ECS/ CCSI mandate should be active and the payment should be honoured on the stipulated date for the purposes of renewal of the Service.

4.3) The automatic renewal of the Service is subject to the absolute discretion of MadJock. The amount mentioned in the Invoice along with any other document which forms a part of this Terms of Service, Total Fee is the decided fee for the provision of Services and shall not be reviewed at any point except at the discretion of MadJock. The Vendor’s by making the payment as raised in the invoice confirms the acceptance of Terms of Service as set out herein, for availing the service from MadJock.

4.4) The vendor hereby authorizes that upon the execution of ECS / CCSI MANDATE MadJock is authorized to DEDUCT minimum of 9 months ECS, thereafter Vendor has the option of terminating the Service. The Vendor shall only terminate the Service upon the completion of minimum tenure of 9 months from effective date which can be terminated by giving prior 3 (Three) months written notice (either by email or through registered post) to its bill due date, expressing intentions of discontinuing the Services.

4.5) Notwithstanding anything contained anywhere in this contract, The Vendor undertakes that if any concession is availed by Vendor while availing MadJock services it shall be under obligation to honor the payment (through any mode as opted) under any circumstances for the total tenure of the services as availed by the Vendor subject to terms of service as mentioned in this document. The Vendor hereby authorizes that upon the execution of ECS / CCSI MANDATE MadJock is authorized to DEDUCT the ECS/CCSI or any other payment mode for the total tenure as per the services availed especially where concession is availed by Vendor.

4.6) In respect of Premium listings or any other Listings, where the payment mode and manner opted by the Vendor is Electronic Clearing Service (ECS) or Credit Card Standing Instruction (CCSI), the Service would be automatically renewed as mentioned in Clause 4 of these Terms, however such automatic renewal is subject to the condition that same will be so renewed at revised values (commercials) as existing on the date of automatic renewal and on such other terms as may be determined solely by MadJock. Notwithstanding anything contained in this Term of Service, the automatic renewal and the terms of such renewal will be at the absolute discretion of MadJock.

4.7) It is clarified that, irrespective of whether the Vendor has registered or not registered their entity/ firm’s contact numbers in the "Do Not Call" registry of Telecom Regulatory Authority of India (TRAI), or any other statutory body, upon acceptance of the Terms Of Service, the Vendor would be deemed to have given their consent and authorized MadJock to share the Vendor’s details and contact numbers for business and promotional purpose with Users of the Service and for other business purposes of MadJock. Further the Vendor, by accepting the Terms of Service, has given his consent to MadJock to contact him for any business promotion of MadJock. The Vendor confirms that Vendor shall carry out all the obligations as specified in the Terms of Service. The Vendor also undertakes to take all such measures as may be necessary to ensure that the Users do not encounter any difficulty in contacting the Vendor. In the event the Users are unable to contact the Vendor it would not be deemed to any deficiency in the Services rendered by MadJock. The Vendor undertakes to comply with all the present and future TRAI regulations or regulations of any other regulatory bodies on subject matter covered under this clause and would ensure that User or MadJock will not face any difficulty in contacting the Vendors.

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

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

6.1)Premium Listing:

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

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

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

6.2)Package Listings:

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

6.3) VFL (Verified Listing) and Life time listing (LFL) Package

6.4) Cost per enquiry :

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

6.5) Guaranteed Leads / Calls / Transactions:

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

6.6) Pay Per Enquiry:

Under this plan/services, Vendors in its profile page as made available will be able to access the details of an enquiry or enquiries and its applicable charges that will be deducted from Vendor's account, as maintained with MadJock. Vendor availing this plan/services, are required to maintain the interest free & non-refundable deposit amount(as per invoice) from time to time. Vendor's agree and understand that MadJock will be entitled to DEDUCT THE CHARGES /FEES PER ENQUIRY , APPLICABLE TAXES & OTHER CHARGES from the account/deposits belonging to a Vendor. Vendor agrees and acknowledges that deposit amount, fees & other charges are subject to change . The charges/cost for per enquiry to be deducted shall also be revised by MadJock from time to time. The amount so deposited under this plan/services by Vendor is NON-REFUNDABLE & NON-TRANSFERABLE. Any enquiry as shared by MadJock with Vendor under this plan/services or otherwise does not guarantee any business for the Vendor.

6.7) Pay Per Performance Services:

Details of Services:

Pay Per Performance Services:

Vendor can avail Bundle Services (as defined above at point no. I) based on the payments made by Vendor to MadJock. The visibility of the Vendor's business listing on MadJock portal will be determined on the payment plan chosen by Vendor.

Vendors as per their requirement, will be able to exercise control/access their daily expenses from dashboard made available under Bundle Services viz., i) Display, ii) Calls and iii) Direct enquiries to the Vendor. Vendors while availing bundle services will be able to add/reduce the daily amount (subject to minimum threshold) using the control mechanism available the Dashboard.

Optional Services :

(As defined above at point no. II) the services can be availed subject to Vendor making necessary payment in advance. Vendor agrees and confirms that MadJock is providing the services on AS IS BASIS ONLY, WITHOUT ANY EXPRESS or IMPLIED WARRANTIES OF ANY KIND. Vendor acknowledges that there are no restrictions on the maximum numbers of calls made by users to Vendors and User as per its discretion may directly calls to Vendor.

It is mandatory for the Vendors to maintain the minimum threshold value, in the event if minimum threshold value is not maintained by the Vendors, then MadJock will have right to deduct (at any time) the maximum amount as per ECS Mandate form, CCSI, NACH form or any other payment mode executed by Vendor to avail monthly installment payment facilities.

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

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

9.1) The Vendor agrees/undertakes to pay advance and non-refundable Listing/Service Fee and other applicable charges/fees for any additional feature/upgraded services /facility etc. as availed by the vendor from time to time. The applicable charges/commercials will be determined by MadJock at its sole discretion. MadJock on the receipt of such fees from the Vendor, will send the e-invoice to the registered mobile number & email ID of the respective Vendor or their authorized person on their registered contact details. MadJock reserves its right to recover such applicable fees, cost, expenses and taxes etc from time to time. Vendors agrees/understands that MadJock may present the payment mandates i.e. ECS / CCSI / NACH any number of times to receive its just dues / payments & to provide uninterrupted services.

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

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

10.1)MadJock allows the Vendor to make the payments for the Services, including the payment of the Service/Listing Fee, i.e., the Total Fee excluding Service Fee/ Subscription Fee by way any of the following modes: a. Cheque; b. Demand Draft; c. RTGS (Real Time Gross Settlement); d. ECS (Electronic Clearing Service); e. CCSI (Credit Card Standing Instruction); f. NACH (National Automated Clearing House).

10.2) It is hereby clarified that MadJock does not encourage/prefer that payments be made in cash. Any cash payments made by the Vendor pursuant to Terms of Service with MadJock, shall be at the sole risk of the Vendor, without any recourse to MadJock. Vendors shall not share to any employee of Tark Innovation Pvt Limited any banking related information or any information that is considered to be sensitive personal information within the meaning of Information Technology Act, 2000 as amended or any other law for the time being in force.

10.3) Payments can be made by the Vendor either weekly, fortnightly, monthly, quarterly and half-yearly as directed by MadJock. MadJock shall make best efforts to activate the Terms Of Service within 14 (Fourteen) working days from the date of receipt of the Service Fee and relevant documents into its bank account, for the respective Listing (subject to delay due to technical malfunctions). However MadJock will not be liable in any manner for any delay in activating the Service of Vendor.

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

Vendors who pays the lump sum amount while availing the services under such payment mode the tenure of the Service will be equivalent to the amount paid by the Vendor.

13.1) On receipt of the consideration, the services shall be activated Once the services is activated MadJock shares the invoice to the Vendors on their registered email ID and/or mobile number via email/sms & other electronic modes along with an invoice & other details as may be required.

13.2) Invoice is valid subject to timely realization of the payment.

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

MadJock does not guarantee that enquiries/leads will be generated by it for the Vendor or that any of such enquiries/leads will be converted into business for the Vendor.

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

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

17.1) Breach of any provision or non-performance of any of its obligations under this Terms of Service;

17.2) by reason of any infringement of third party rights (including intellectual property rights);

17.3) any representation and warranty given by Vendor under this Terms of Service being found to be untrue, false or incorrect; or

17.4) anything done or omitted to be done due to gross negligence, wilful default or wilful misconduct of the Vendor or any of its officers, directors, employees or agents or

17.5) any third party claims or liability arising out of or related to Vendors' Ads or Services.

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

19.1 The vendor shall be responsible for any delivery, after-sales service, payment, invoicing or collection, sales enquiries, support maintenance services and/or any other obligations or services relating to or in respect of the Products/services provided by Vendors to end users. Such services shall be the sole responsibility of the Vendor/vendors.

19.2 If any dispute raised by the End Users regarding the products/services, the vendor shall be obliged, forthwith, either to take back or withdraw defective goods or to withdraw or discontinue deficient services, or if fails to rectify defective goods or deficient services, then to refund the consideration within the period stipulated in the bill or cash memo or receipt or in the absence of such stipulation, within a period of Two days;

19.3 In the event vendor is unable to resolve the grievances of any End User as per the satisfaction of End User, then MadJock as per its discretion reserves the right to suspend the services/terminate the services or take any other measures as it may deem fit and proper.

19.4 The vendor acknowledges and accepts that vendor is solely responsible (i) for falsely describing its product or service; or (ii) to give a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service; or (iii) to deliberately conceals important information in relation to any product or service; or (iv) for falsely representing about the standard, quality, quantity, grade, composition, style or model of goods/products; or (v) for falsely represents about the standard, quality or grade of services; or (vi) for falsely representing any re-built, second-hand, renovated, reconditioned or old goods as new goods; or (vii) for falsely representing about the sponsorship, approval, performance, characteristics, accessories, uses or benefits of goods or services; or (viii) for falsely representing about the sponsorship or approval or affiliation; or (ix) makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services; or (x) gives to the public any false warranty or guarantee of the performance, efficacy or length of life of a product or of any goods: or (xi) gives false or misleading facts disparaging the goods, services or trade; or (xii) for the goods do not comply with the standards prescribed by the competent authority relating to performance, composition, contents, design, constructions, finishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods; (vi) for manufacturing of spurious goods or offering such goods for sale or adopting deceptive practices in the provision of services; (vii) for not issuing bill or cash memo or receipt for the goods sold or services rendered in such manner as may be prescribed; (ix) for disclosing to other person any personal information given in confidence by the user/consumer unless such disclosure is made in accordance with the provisions of any law for the time being in force.

19.5 The vendors shall be solely responsible for the accuracy of all information and/or validity of the Prices and any other charges and/or other information relating to the Products and/or services. The vendors shall be solely responsible for the price to be charged by them in accordance with law time being in force.

20.1 The vendor acknowledges that it shall be solely responsible for all materials/information and its use of MadJock's directory services. The Vendor/vendor agrees that nothing in its Materials/information or its use of the Directory Services will be false, misleading, defamatory, harassing, or threatening, will constitute unfair competition or unfair commercial practice, will violate any applicable Law, or will infringe or misappropriate the Intellectual Property Rights of any third party. The vendor is solely responsible for the activities of any contractor, representative, or any of its agents or other persons acting on its behalf in connection with this contract. The Vendor/vendor will ensure that it's complying with all applicable Law, including Law related to data protection and privacy.

20.2 The vendor acknowledges that MadJock is basically a local search proving directory service and do not seek any fulfilment of the product / services delivered or not, and it is the vendor responsibility to deliver the goods & services whose business is listed on MadJock's platform.

20.3 The vendor acknowledges that MadJock is not responsible for the goods or services, or any dispute between the vendors & end users. It is the responsibility of the vendors to resolve any dispute or claim raised by end users.

20.4 The vendor acknowledges that MadJock warrants that any proof/ intimation of dispatch of such Proof of Fulfilment provided will be authentic, whether electronic or otherwise. Provided that, if MadJock so requires, the physical proof of dispatch of the Proof of Fulfilment of the Product shall be made available to MadJock. All Proof of Fulfilment of Products shall be maintained by the vendor for a period of at least 3 (Three) year from the date of such fulfilment.

20.5 The vendor acknowledges that MadJock shall also not be responsible for any non-delivery/non-fulfilment of any Products/Services sold by sellers/vendors to the end users. All risks associated with the delivery/fulfilment of the Products/Services shall be solely that of the Vendors. Any and all disputes regarding quality, merchantability, non-delivery/non-fulfilment and delay in delivery/fulfilment of the Products/services or otherwise will be dealt with by and between the Vendors directly and End users and MadJock shall not be made party to such disputes. The Vendors shall hold MadJock saved and harmless from any such actions or claims that may be initiated against it. The vendors shall also indemnify and hold indemnified MadJock at all times against all such actions and claims.

20.6 The vendor acknowledges that MadJock shall not be responsible for any fault, imperfection, shortcoming or inadequacy in the quality, quantity, potency, purity or standard or nature and manner of performance of any product or of any goods/services, sold by sellers/Vendors listed with MadJock’s directory service, which is required to be maintained by or under any law.

20.7 The vendor acknowledges and accepts that it restrains itself from: (i) unreasonable security deposits from end users for the performance of contractual obligations; or (ii) imposing any unreasonable penalty on the end users, for the breach of contract; or (iii) refusing to accept early repayment of debts on payment of applicable penalty; or (iv) entitling a party to the contract to terminate such contract unilaterally, without reasonable cause; or (v) permitting or has the effect of permitting one party to assign the contract to the detriment of the end users, without his consent; or (vi) imposing on the end users any unreasonable charge, obligation or condition; or (vii) manipulation of price or its conditions of delivery or to affect flow of supplies with intent to impose unjustified costs or restrictions.

21.1)Vendor represents and warrants that.

21.2)Additional Covenants.

7. It is vendor's sole responsibility to keep his id/password/login id safely so that no one can misuse it and do the changes in the listing visible on MadJock portals to cause any wrongful harm to MadJock or its users. Vendor represents that in event the loss is caused due to negligence of vendor, such as where he has shared the payment credentials, OTP details etc., then vendor will bear the entire loss and MadJock shall not be responsible for the same.

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

23.1)Vendor confirms that it will be solely responsible and liable for all matters between User and the Vendor, including but not limited to transactions entered into between such User and the Vendor. Further, it is hereby declared that MadJock does not verify the identity of the User of the Service and that the information provided to Vendors is the information received from the User and will not be independently verified by MadJock.

23.2)In the event of receipt of any complaints from the Users regarding the Vendor or Vendor’s product/service, MadJock reserves the right to discontinue the provision of Service to the Vendor or take any other action as deemed appropriate. Notwithstanding anything to the contrary contained in this Term, MadJock may also forfeit the amount lying to the credit of such Vendor and terminate the services at its sole discretion.

23.3)Vendor also agrees that at no time shall MadJock vouch for or guarantee the performance of services or delivery of products by the vendor and MadJock will not be liable for any non-payment of amounts due to the vendor by any User.

24.1) If the dispute raised by the Vendor regarding the defective or deficient services, MadJock shall be obliged, forthwith, to repair or to remove the defects in products or deficiencies in the services in question or to replace or maintain the products with new products of similar description which shall be free from any defect. Provided that MadJock shall not be liable to refund, if the Vendor:

24.2) Additionally, if MadJock is providing defective or deficient services evidently, due to any system error, technical issue, human error or any other acts or omissions which is beyond its control, during the tenure of the contract, then it will not be considered as material breach of the terms of this contract. In such events, Vendor will bring it to the notice of MadJock and thereafter MadJock will conduct necessary investigation and based on the outcome of investigation may extend the services for equivalent days without any additional cost to vendor or provide other alternate solutions. The calculation of such extended period will be from the date of receipt of such intimation by MadJock from vendor. However, MadJock will have all the rights to give the details/information/system generated report evidencing that there were no default on the part of the MadJock, hence MadJock is not responsible for the extension of the services or any other alternate solutions. As mentioned under this clause, it will be the Vendor sole and exclusive remedy in the event of MadJock’s failure to perform the services as specified under this contract.

24.3) MadJock Grievance Escalation Policy

Purpose:

To ensure that customers' grievances are addressed effectively and in a timely manner, MadJock has established a structured grievance escalation process

1. Primary Contact for Grievances

Customers can initiate grievances via phone - +91-8277257321, email - support@MadJock.com, the MADJOCK app/website, or in-person at any MadJock branch. Complaints can be submitted through the complaint register or directly with the Grievance Officer.

Acknowledgment:

Customers will receive an acknowledgment within 24 hours of complaint registration, including a unique grievance number, contact details, and the expected resolution timeline.

2. Grievance Escalation

If the complaint is not resolved satisfactorily, customers may escalate the issue to the Grievance Redressal Officer.

Contact Information for Grievance Officer:
o Name: Mr. Rakesh kariappa
o Designation: Grievance Redressal Officer.
o Address: ‘Samaira Arcade’, #6,A1 Block ,Vijaynagar 3rd Stage, Mysore-570030
o Phone: +91-8277257321.
o Email:support@MadJock.com

All escalated grievances will be acknowledged upon receipt, with a response provided within a specified timeframe. MadJock aims to resolve all grievances within 15 days of receipt. If more time is required, customers will be notified of the delay and given an updated resolution timeline.

25.1) The term of this Contract begins upon Vendor’s registration or use of the Services and will end when terminated by any party (the "Term"). The Vendor may only terminate the Service, by giving 3 (three) months written notice (either by email or through registered post), prior to the automatic renewal of the same, stating his intentions of discontinuing the Services.

25.2) MadJock reserves the right to terminate the Service at any time, either with or without cause. If the Vendor commits a breach of a material duty owed to MadJock, MadJock may, at its discretion, call upon the vendor to rectify the breach within 7 (Seven) days of the receipt of notice, failing which MadJock may terminate the relationship between Vendor and MadJock.

25.3) Upon termination of the Service, MadJock will not be bound to delist the Vendor as a Vendor and cease disseminating Information of the Vendor to the Users. However upon termination, MadJock shall have the right to delist the Vendor without prior intimation thereof to the vendor.

25.4) In case of any technical difficulties in continuing the services, MadJock reserves the right to terminate the services by giving written/oral intimation to the vendor.

25.5) If the Vendor terminates the Service, either by efflux of time or by determination under this Terms of Service, the balance of the deposit placed by the vendor with MadJock, if any, (after deducting payments for the period/tenure for which Services have already been provided by MadJock) shall be retained by MadJock. Under no circumstances, shall the Vendor be entitled to claim a refund of amounts already paid to MadJock. If MadJock terminates the service for reasons attributable solely to MadJock, in any manner whatsoever, it shall either refund the amounts on proportionate basis or provide any alternate services.

25.6) MadJock may terminate the Service if vendor engages in fraud or other illegal or unethical activities, or in any activities which MadJock in its reasonable judgment believes is in contravention, of any laws as may be applicable from time to time or of accepted industry practice and which under the circumstances could adversely affect the reputation or business of MadJock.

25.7) This contract will be terminated forthwith by MadJock on the happening of any of the following events:

MadJock shall send notices to Vendors in writing through email or Whatsapp/SMS and may be followed by registered post and dispatched through a reputed courier. Any notice refused by the Vendor would be deemed to have been legally delivered and Vendor will be deemed to have received such notice. Vendors can send notices to MadJock in writing on customer support email id or to company's registered office address.

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

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

29.1 MadJock's interpretation of the Terms of Service shall be final and binding on Vendor.

29.2 Vendor agrees that no joint venture, partnership, employment, or agency exists between vendor and MadJock and that the Vendor is not entitled to bind MadJock by its actions.

29.3 MadJock is subject to existing laws and legal process and nothing contained in the Terms of Service is in derogation of MadJock's right and obligation to comply with the law.

29.4 If any clause or part thereof of the Terms of Service is held to be invalid or unenforceable then the invalid or unenforceable clause/ provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and is nevertheless valid and enforceable and the remainder of the Terms of Service shall continue in effect. Such revision to the Terms of Service will be deemed to have been in effect from the Effective Date.

29.5 Vendor may not assign any rights or obligations against MadJock without MadJock's prior written consent. MadJock reserves the right to transfer any right or obligation against Vendor by issuance of notice of such assignment to the Vendor. Upon such assignment, the assignee shall be bound by the Terms of Service in the same manner as MadJock and MadJock shall cease to have any liability to Vendor. However, the Parties agree that MadJock has an unfettered right to assign the Terms of Service and the Vendor is only entitled to a notice of such assignment. The Parties further agree that assignment of the Terms of Service by MadJock will not be subject to Vendor’s consent.

29.6 MadJock shall not be responsible for any delay or deficiency in services due to any force majeure events such technical glitch, server issue, natural disasters, acts of terrorism, civil labor strike, labor and transportation strikes or any other acts beyond its control. During a force majeure event, the obligations of MadJock under the Terms of Service will stand suspended.

29.7 Nothing in the Terms of Service obliges or will be deemed to oblige MadJock to provide any credit to the Vendor.

29.8 Vendors agrees that MadJock reserves its right to present the payment mandates i.e. ECS / CCSI / NACH any number of times to receive its just dues / payments for the services rendered under this terms of service.

29.9 MadJock has its own Reviews, Ratings and Comments on its portals which will be posted by the users of MadJock. However, MadJock takes no responsibility and assumes no liability for any content posted by any caller/third party on MadJock site or on any mediums of MadJock.

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

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

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

MadJock Messenger is one of the features of MADJOCK App which enables users to Chat, Group Chat, make Voice calls, share photos, documents, Voice Tags, etc . You can also use this feature as business messenger where you communicate with businesses/SME listed with MadJock without revealing your phone numbers and also search the service provider and transact by using it, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing etc.

You must register for our Services using accurate data or information, provide your current mobile phone number, and, if you change it, re-verify your mobile phone number using OTP. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services. All information provided about you are and shall at all times be accurate, valid and complete and you shall be solely responsible and liable for the information provided by you.

You provide us the phone numbers of your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services.

By accepting these Terms, you must be at least 18 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval. If you are under the age of 18 years but at least 13 years of age you may use this Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.

Our Services may be interrupted (for maintenance, repairs, upgrades, or network or equipment failures). We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as force majeure events.

We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter & spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with us: Licenses, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, Availability and Termination of our Services.

There are important differences between MadJock Messenger and your mobile and fixed-line telephone and SMS services. Our Services will provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service.

10.1) You must use our Services according to our Terms and policies. If we disable your account for a violation of our Terms, you will not create another account without our permission. You must access and use our Services only for legal, authorized, and acceptable purposes.

10.2) You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of MadJock Messenger , our users, or others, including privacy, intellectual property, or other proprietary rights; (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us. (g) infringes any patent, trademark, copyright or other proprietary rights; or that violates any law for the time being in force; (H) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; (J) promotes any illegal or prohibited activity,

10.3) You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.

Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, interact with a share button on a third party’s website that enables you to send information to your contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

12.1) You are responsible for keeping your device and your MadJock account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

12.2) We verify accounts and activity, and promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our Terms, and to ensure our Services are being used legally.

12.3) We shall not be responsible for any harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, hateful, or racially, ethnically objectionable, disparaging, infringing, misleading, impersonating or unlawful Chat, Group Chat, Voice calls, photos, documents, Voice Tags, Videos etc., uploaded, published, transmitted, updated, forwarded or shared by you.

13.1) We do not claim ownership of the data or information that you submit for your account or while using our Services. You must have the necessary rights to such information that you submit for your account or our Services. You agree that we may use and disclose the information and you would be deemed to have given your consent to contact you for any business promotion of us and/or its affiliates.

13.2) In order to operate and provide our Services, you grant us a worldwide, non-exclusive, royalty-free, sub licensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services.

14.1) We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our written consent.

14.2) We grant you a limited, revocable, non-exclusive, non-sub-licensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

To report claims of third-party copyright, trademark, or other intellectual property right infringement, please visit our Intellectual Property Policy. We may terminate your account if you repeatedly infringe the intellectual property rights of others.

Our Privacy Policy describes our Data and information practices, including the types of information we receive and collect from you and how we use and share this information. You agree to our data and information practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information in India and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

17.1) You use our services at your own risk. We are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. You waive any rights you may have under any applicable statute or law of any other jurisdiction.

17.2) Please note we do not examine whether the any provider of goods or services is good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. We have also not negotiated or discussed any terms of engagement with any of the provider of goods or services. The same should be done by you. Purchasing of goods or availing of services from provider shall be at your own risk. We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material, goods or services displayed in the search results in the Platforms.

We (MadJock Messenger) & our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services, even if it has been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with our terms, us, or our services will not exceed the greater of One Hundred (100) Rupees. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law.

You agree to defend, indemnify, and hold harmless the us & our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

In the event a dispute arises between the parties under this Agreement, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 30 (thirty) days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Mysore. The arbitration shall be conducted by a sole arbitrator to be appointed by MadJock at its sole discretion. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.

This Agreement shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mysore, India.

We and you each agree that if you are a MadJock user located in India or aboard, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, oany class of people. We and you each agree not to participate in a class action suit, a class-wide arbitration Disputes brought in a private attorney or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.

23.1) Unless a mutually executed agreement between you and us states otherwise, our Term make up the entire agreement between you and us regarding MadJock Services, and supersede any prior agreements. We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.

23.2) Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.

23.3) You will comply with all applicable law of the respective jurisdictions. You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Laws; (b) to anyone government or non-government restricted parties; or (c) for any purpose prohibited by Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, or for any purpose prohibited by Laws, and you will not mask your location through IP proxying or other methods.

23.4) Any amendment to or waiver of our Terms requires our express consent.

23.5) we are entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to You. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.

23.6) All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

23.7) You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent. Except as contemplated herein, our Terms do not give any third-party beneficiary rights.

23.8) Nothing in our Terms will prevent us from complying with the law.

23.9) If we fail to enforce any of our Terms, it will not be considered a waiver. If any provision of this Agreement is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions of this Agreement unlawful or otherwise ineffective, the remainder of this Agreement shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.

23.10) We always appreciate your feedback or other suggestions about our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.

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

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

MadJock is launching new B2B market place service for your business and creating digital catalogue & website for your business so that it can help you to promote your products and services through MadJock’s portal so that the users can directly access your products & services and check out the products & services whenever they want to. This gives user the convenience and they can decide to buy your products & services when they feel the desire or the need. Therefore, this digital catalogue may help you to increase your business in an effective way.

MadJock may create digital catalogue for your business, free of cost as of now for your B2B Market Place service. However MadJock reserves the right, at its sole discretion, to determine the cost of its service as and when it requires.

4.1 (i) you are a bona fide business organization carrying on business in relation to the items disclosed in digital catalogue;
(ii) you have the rights to use the trademarks of business name, product images, and other details specified in digital catalogue;
(iii) the business carried on by you do not violate or infringe upon any law or regulation and all registrations, authorizations and /permission necessary approvals required for carrying on business have been procured by you; and
(iv) all information provided about yourself to MadJock is and shall at all times be accurate, valid and complete and you shall be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by you to us) to MadJock.

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

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

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

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

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

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

4.8 You shall only access the Service as permitted by us and shall not attempt at any time to circumvent system security or access the source software or compiled code. The Service is 3 provided solely for you and you will not resell or attempt to resell the Service (or any part or facility of it) to any third party.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7.5 Any third party claims

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

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

If you breach any conditions of the Terms or MadJock receives any complaints against you from any one or for any other reasons, MadJock shall have right to terminate this agreement forthwith and you shall immediately stop using our service. In addition to the termination, MadJock also reserves the right to initiate appropriate legal proceedings in the event of any material breach of the terms & conditions as stipulated herein.

If either of the party is unable to perform any obligation under this contract because of any event beyond the party's reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, epidemic or pandemic (whether or not involving employees of either party) or acts of local or central government or other competent authorities. Neither Party shall be liable for breach of this Agreement to the extent caused by or arising from any force majeure event beyond the control of such Party. If MadJock is prevented by restrictions of a legal or regulatory nature from supplying the Service, MadJock will have no liability to you for failure to provide the Service.

If any dispute/difference arises between the parties about these Terms then the Parties shall meet to discuss the matter and shall negotiate in good faith to resolve the matter. However if such matter remains unresolved within 60 days from the date of dispute intimated to other party in writing thereafter the matter shall be referred to the sole arbitrator appointed by MadJock at its discretion. The Arbitration and Conciliation Act, 1996 shall govern the arbitration proceedings and the place of Arbitration shall be Mysore. Language of Arbitration shall be English. Cost of Arbitration shall be borne in equal proportion by the Parties. Attorney costs shall be borne individually by each Party. The Arbitration award shall be final and binding upon the Parties.

For approval of any data, image of your products or digital catalogue, you can email to us at support@adjok.ocm. For any complaints or grievances with regard to contents and or comment or breach of these terms, you can email to us at support@MadJock.com, with brief details of your complaint or call on our hotline No.9380626815. Our customer service executives will acknowledge and redress your complaint on best effort basis and as per applicable Terms of Service.

The relationship of the Parties is on a "principal to principal" basis and the Parties are independent of each other and nothing contained herein is intended to or shall be deemed to create with limitation any partnership, joint venture, employment or relationship of principal and agent between the Parties hereto or between You and MadJock or to provide either of the Parties with any right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party.

The terms and provisions of this agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this agreement.

All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the registered office addresses. Notices may also be sent through emails, however, such emails must be followed up with a physical notice at the above mentioned address within a period of ten (10) days.

Unless otherwise expressly stated, the failure to exercise or delay in exercising a right or remedy under this Terms shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Terms shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

This Terms of Service shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mysore, India.

You shall not assign, in whole or in part, the benefits or obligations of this Terms of Service unless otherwise mutually agreed in writing.

All data and information set forth on MadJock's Portal regarding real estate property, for sale, purchase, rental and/or financing are from third parties sources, including but not limited to owner/agent/builder/developer etc.. No warranties are made as to the accuracy of any descriptions and/or other details and such information is subject to errors, omissions, changes of price, tenancies, commissions, prior sales, leases or financing, or withdrawal without notice. Users should seek advice and proper legal counsel with respect to all property, closing costs, timing considerations, financing options, default provisions, zoning implications, renovation considerations and appropriate transfer taxes and other due-diligences. MadJock is an intermediary within the meaning of Section 2 (1) (w) of the amended Information Technology Act, 2000 (herein after referred as "MadJock" ). MadJock provides a platform by bridging the gap between owner/agent/builder/developer of real estate properties (herein after referred as "seller" or "rental" as the case may be) and the users of MadJock's service and MadJock does not facilitate or interfere nor does any transaction for or on behalf of users or seller/ developer in any manner whatsoever.

The portal and all its contents are provided with all faults on an "as is" and "as available" basis. The details displayed on the portal are for information purposes only. No information given under this portal creates a warranty. Your use of the portal is solely at your own risk. Nothing contained herein shall be deemed to constitute any sort of legal advice, opinion, solicitation, marketing, offer of sale, invitation to offer, invitation to acquire etc. by MadJock. It is responsibility of the users to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, real estate and other related information listed on the portal. Information on MadJock's portal does not guarantee that the projects/properties are registered under the Real Estate Regulation Act, 2016 and rules made thereunder ("RERA").

The property / project detail, listings, floor area, location, price, Designs, dimensions, cost, facilities, plans, images, specifications, furniture, accessories, paintings, items, electronic goods, additional fittings/fixtures, decorative items, false ceiling including finishing materials, specifications, shades, sizes, amenities/services and other details shown in the listing are the third party contents (i.e., owner/agent/builder/developer etc.) and/or taken from public domain. Users are hereby advised to use their discretion and to exercise due diligence and independently validate and verify all information/details about any property / project, such as,
(i) verification of ownership of property,
(ii) N.O.C.'s of various authorities like Municipal Authorities, Fire Authorities, Land Revenue Deptt., Police etc.,
(iii) Checking of Commencement & Occupancy Certificate,
(iv) clearance of title of the plan/land/ property,
(v) execution of valid agreement/sale deed,
(vi) stamp duty & payment etc., prior to concluding any decision for buying any unit(s)/projects/properties or renting thereof.

MadJock under no circumstance will be liable for any expense, loss or damage including, without limitation, indirect or consequential loss or damage, or any expense, loss or damage whatsoever arising from use, or loss of use, of data, arising out of or in connection with the use of this portal. The user acknowledges, agrees and undertakes to not hold MadJock or any of its affiliates liable/responsible for any information stated representation /commitment /offer neither made by any third parties on its portal to the user nor make any claims/demands on MadJock or any of its affiliates with respect thereto. In no event will MadJock be liable for claim made by the users including seeking any cancellation for any of the inaccuracies in the information provided in this Portal. You are therefore required to verify all the details, including area, amenities, services, terms of sales and payments and other relevant terms independently prior to concluding any decision for buying/renting any unit(s)/projects/ properties.

No claim as to the accuracy and correctness of the information on the portal is made, although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper/ misleading/ offensive/ inappropriate content is sighted on the portal, please write to us at support@MadJock.com

MadJock respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at support@MadJock.com; as per our infringement policy.

The users hereby acknowledge and undertake that they are accessing the services on the online platform and transacting at their own risk and are using their best and prudent judgment before entering into any transactions through the website/ platform. The users further acknowledge and undertake that they will use the platform to purchase or rent a property only for their personal use. MadJock shall neither be liable/responsible for any actions or inactions of owner, nor any breach of conditions, representations or warranties by the owner/agent/builder/developer of the properties and hereby expressly disclaim and any or all responsibility and liability in that regard. MadJock shall not mediate or resolve any dispute or disagreement between the user and the owner/agent/builder/developer of the properties. We do not implicitly or explicitly support or endorse the sale or purchase of any property on/through our platform. At no time shall any right, title or interest in the property sold through or displayed on the platform vest with MadJock nor shall MadJock have any obligations or liabilities in respect of any transactions on or through its platform.

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

This is an agreement between you ("you" or "your") and Tark INnovation Pvt Limited, a company incorporated under the Companies Act 1956 with its registered office at “Samaira Arcade”, #06,A1 Block, Vijaynagar 3rd Stage,Mysore 570030 ("MadJock" "we," or "our") that governs your use of the search services offered by MadJock through its website www.MadJock.com ("Website"), telephone search, SMS, WAP or any other medium using which MadJock may provide the search services (collectively "Platforms" ). When you access or use any of the Platforms you agree to be bound by these Terms and Conditions ("Terms").

We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.

We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively "Materials") for the search services on the Platforms. We provide the Material through the Platforms FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.

While every attempt has been made to ascertain the authenticity of the Platforms content, MadJock is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to decisions based on the content in the Platforms which results in any loss of data, revenue, profits, property, infection by viruses etc.

Accordingly, you may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to MadJock.. You may not use the Platforms or any of them to compile a collection of listings, including a competing listing product or service. You may not use the Platforms or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by MadJock, its subsidiaries, parent companies, and/or any third party owner of such rights.

The MadJock company names and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from MadJock or it's wholly owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials on any of the Platforms must bear any copyright, trademark or other proprietary notice located on the respective Platforms that pertains to the material being copied. You are not authorized to use any MadJock name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of MadJock. Requests for authorization should be made to support@MadJock.com

Do not send us any confidential or proprietary information. Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and nonproprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.

Since, MadJock provides information directory services through various mediums (SMS, WAP, E-Mail, Website, APP and voice or phone), your ("Users") use any of the aforementioned medium to post Reviews, Ratings and Comments about the MadJock services and also about the Advertiser's listed at MadJock is subject to additional terms and conditions as mentioned herein.

You are solely responsible for the content of any transmissions you make to the Site or any transmissions you make to any mediums offered by MadJock and any materials you add to the Site or add to any mediums offered by MadJock, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you(the "Communications"). MadJock does not endorse or accept any of your Communication as representative of their (MadJock) views. By transmitting any public Communication to the Site, you grant MadJock an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.

You confirm and warrant that you have the right to grant these rights to MadJock . You hereby waive and grant to MadJock all rights including intellectual property rights and also "moral rights" in your Communications, posted at MadJock through any of mediums of MadJock. MadJock is free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by your Friend's tagged by you. Also MadJock reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.

MadJock has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. MadJock cannot review all Communications made on and through any of the mediums of MadJock. However, MadJock reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which MadJock in its sole discretion deems inappropriate, offensive or contrary to any MadJock policy, or that violate this terms:

MadJock reserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which

6.1) Is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;

6.2) Constitutes or contains false or misleading indications of origin or statements of fact;

6.3) Slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;

6.4) Causes injury of any kind to any person or entity;

6.5) Infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;

6.6) Violates any applicable laws, rules, or regulations;

6.7) Contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

6.8) Impersonates another person or entity, or that collects or uses any information about Site visitors.

It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then MadJock reserves right to take appropriate legal action against you. Further, you shall indemnify and protect MadJock against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments MadJock takes no responsibility and assumes no liability for any content posted by you or any third party on MadJock site or on any mediums of MadJock.

You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site or any of the mediums of MadJock.

MadJock is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the Website.

MadJock communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. While every attempt has been made to ascertain the authenticity of the content on the Platforms MadJock has no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, and material on the Platforms may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platforms or any of them including but not limited to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc.

All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Platforms .

MadJock reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platforms. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.

All rights, title and interest including trademarks and copyrights in respect of the domain name and Platforms content hosted on the Platforms are reserved with MadJock. Users are permitted to read, print or download text, data and/or graphics from the Website or any other Platforms for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in the Platforms in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users.

Links to external Internet sites may be provided within the content on Website or other Platforms as a convenience to users. The listing of an external site does not imply endorsement of the site by MadJock or its affiliates. MadJock does not make any representations regarding the availability and performance of its Platforms or any of the external websites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Website or other Platforms, your browser automatically may direct you to a new browser window that is not hosted or controlled by MadJock.

MadJock and its affiliates are not responsible for the content, functionality, authenticity or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to any of our Platforms, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.

Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. We do not fully screen or investigate business listing websites before or after including them in directory listings that become part of the Materials on our Platforms, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.

All those sections in the Platforms that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and MadJock will at no point of time be responsible for the accuracy or correctness of such information. MadJock reserves the absolute right to accept/reject information from readers and/or advertisements from advertisers and impose/relax Platforms access rules and regulations for any user(s).

MadJock also reserves the right to impose/change the access regulations of the Platforms , whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Platforms.

While every attempt has been made to ascertain the authenticity of the content in the Platforms, MadJock is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses etc.

Please remember that any provider of goods or services is entitled to register with MadJock. MadJock does not examine whether the advertisers are good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. MadJock has also not negotiated or discussed any terms of engagement with any of the advertisers. The same should be done by you. Purchasing of goods or availing of services from advertisers shall be at your own risk.

We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms.

References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Platforms.

Any use of the Platforms, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. MadJock disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the search results in the Platforms.

THE MATERIAL AND THE PLATFORMS USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE ) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MADJOCK DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND MATERIALS. MADJOCK DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MADJOCK DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PLATFORMS SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.

DISCLAIMER for "MadJock/MADJOCK Verified stamp, MADJOCK Trusted Stamp", "MadJock GUARANTEE" and "MadJock’s Right"

"MadJock/MADJOCK verified" means, the information related to name, address, contact details of the business establishments have been verified as existing at the time of registering any advertiser with MadJock. This verification is solely based on the documents as supplied by an advertiser/s or as per the details contained in Customer E-Registration Form.

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

MadJock strongly recommends to its users/callers to verify all relevant details of vendors/services prior to availing any products/services from them. MadJock does not implicitly or explicitly endorse any product/s or services provided by the vendors/service providers.

The "MadJock Guarantee" and "MadJock’s Right" is a limited assurance offered by MadJock that the name and contact information of the advertiser and the category in which the advertiser is listed by MadJock, have been verified as existing and correct at the time of the advertiser's application to register with MadJock. MadJock makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the advertiser, or the quality, quantity, merchantability or fitness for use of the goods or services offered by the advertiser.

Users using any of MadJock service across the following mediums ie. through internet ie www.MadJock.com Website, Wapsite, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction ) with the Advertiser listed with MadJock.

All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and MadJock does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with MadJock .Further, MadJock is not at all responsible for any act of Advertiser/s listed at MadJock.

IN NO EVENT SHALL MADJOCK BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE PLATFORMS FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF MADJOCK ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PLATFORMS, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PLATFORMS. MADJOCK DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE PLATFORMS.

THE USER OF THE PLATFORMS ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PLATFORMS AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through the Platforms, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Platforms. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, authenticity, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the use of the Platforms . We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Platforms.

MONITORING OF MATERIALS TRANSMITTED BY YOU: Changes may be periodically incorporated into the Platforms. MadJock may make improvements and/or changes in the products, services and/or programs described in these Platforms and the Materials at any time without notice. We are under no obligation to monitor the material residing on or transmitted to the Platforms . However, anyone using the Platforms agrees that MadJock may monitor the Platforms contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. MadJock reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platforms that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions. DELETIONS FROM SERVICE: MadJock will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. MadJock reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of MadJock, may be, defamatory, infringing or violate of applicable law. MadJock reserves the right to exclude Material from the Platforms. Materials submitted to MadJock for publication on the Platforms may be edited for length, clarity and/or consistency with MadJock's editorial standards.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and MadJock. MadJock reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. MadJock reserves the right to seek all remedies available at law and in equity for violations of these Terms.

Notices. All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice. All of your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address:, “Samaira Arcade”, #06,A1 Block, Vijaynagar 3rd Stage,Mysore 570030.

Force Majeure. In no event shall we or any Distribution Site have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure. Indemnification. You agree to indemnify us and the Distribution Sites and hold us and the Distribution Site harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys' fees) that may at any time be incurred by us or them arising out of or in connection with these Terms or any Advertising Products or services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features. Telephone Conversations. All telephone conversations between you and us about your advertising may be recorded and you hereby consent to such monitoring and recordation. Arbitration: Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996. a) All proceedings shall be conducted in English language. b) Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties. c) The venue of Arbitration shall be in Mysore, India.

Entire Agreement. These Terms constitutes the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided in Section 1, these Terms may not be modified except by writing signed by you and us; provided, however, we may change these Terms from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Website.

In relation to any complaints or concerns, you can visit our online customer care page - email to us at support@MadJock.com or call on our hotline No+91-8277257321.

THIS SOFTWARE LICENSE & HOSTING SERVICE AGREEMENT (the "Agreement") is entered into between Tark INnovation Pvt Limited, having its registered Office at ‘Samaira Arcade’ #6,A1 Block, Vijaynagar 3rd Stage,Mysore 570030 (hereinafter referred to as "MadJock", "Licensor", "We", "Our"), and Clients (hereinafter referred to as "Client", "Licensee", & "You"). MadJock hereby grants the right to use its MadJock Software Program and Hosting Services (hereinafter referred to as "Product and Service") to the "Client", and the client acknowledges and agrees to comply with all of these Terms and consent to the transmission of certain information during Activation and for internet-based features of the software and hosting service. If you do not Accept and comply with these terms, you may not use the software and hosting service.

You will use the MadJock's Product and Service in a manner consistent with all local, states and Union regulations and laws. We reserve the right to suspend or cancel your access to any or all services provided by us when you are not in compliance to the terms of this agreement and/or we decide that your account has been inappropriately used.

This agreement applies to the most recent release of MadJock Software program. MadJock Software(hereinafter referred as Software) is a one stop solution for retailers to manage their in-store and online business. It is a cloud based platform/solution to manage products inventory, purchases, suppliers, sales and customers. You will be able to use this software for the purposes of setting up your store virtually and starting your online business. This Software has the features through which you yourself can set up your store virtually, add & delete the products, access to Dashboard, manage inventory & purchases of your store, print your own barcode. This software is available on website as well as on mobile app. In this software you have the option of choosing the features which you want to use and pay only for those features as agreed between parties. This software will be accessible on website as well as on compatible mobile devices. The software accessible on compatible mobile devices will be available with limited features for its proper, easy and smooth functioning.

This agreement only gives you rights to use the Product and Service as per the features obtained and fee paid by you. You may use the Product and Service only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Product and Service that only allow you to use it in certain ways. Client has the exclusive right to use the Product and Service only for a license period or as per the rights granted under this agreement.

You may only use the software on a single computer at one time and may do so only via a user interface connected directly to said single computer and not in any manner over a network, regardless of whether said network is a wide area network (WAN) or a local area network (LAN). You may NOT distribute copies of or documentation of the software to others. THE ACTUAL SOFTWARE PROGRAM COMPONENTS REMAIN THE PROPERTY OF MADJOCK. You may not sell, lease, rent, or otherwise distribute and/or sub-license the Software, including the manuals and documentation of same, to another person at any price. It is illegal to make copies of the Software Program, or Components. The Software Program and Components are protected by the copyright laws pertaining to computer software. It is illegal to give copies of the Software Program, Components and Modules, or manuals and documentation of same to another person, or to duplicate the Software Program or Components and Modules by any other means, including electronic transmission. Software contains trade secrets and in order to protect such trade secrets you may not decompile, reverse engineer, disassemble, or otherwise reduce software program to human perceivable form. You may not modify, adapt, translate, rent, lease, or create derivative works based upon software program or any part thereof.

Upon execution of this Agreement, You are granted right to use the Product and Service in accordance with the terms of this Agreement.

Effective use of Product and Service provided by MadJock presumes a certain degree of knowledge and skill on the part of the Client. We will not be held responsible for your inability to use our Product and Service due to your lack of the requisite knowledge and skills.

6.1) The software is licensed, not sold. Under this agreement, we grant you the right to install and run one copy of software only on one computer with which you acquired the software, for use by one person at a time, but only if you comply with all the terms of this agreement. You may not make the software available for simultaneous use by multiple users. MadJock grants you the license to right to use the software only upon the receipt of license fees as determined by MadJock from time to time. The necessary instructions for operating the software are mentioned in the user manual available in the software after successful login.

6.2) The components of the software are licensed as a single unit. You may not separate or virtualize the components and install them on different computers. MadJock does not give permission for installation of the software on a server or for use by or through other computers or devices connected to the server over an internal or external network. You may not, however, transfer or sublicense the Licensed Programs to any third party, in whole or in part, in any form, whether modified or unmodified.

6.3) MadJock may use commercially reasonable efforts to provide corrections to Software error. Any other upgrades or enhancements to the Software are not made available by MadJock as part of this agreement and may be subject to additional charges.

MadJock grants you the license of MadJock Software program only upon receipt of license fee as determined by MadJock, from time to time , in according to the terms of this Agreement.

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

9.1) In consideration of MadJock providing the Product and Service as specified in this agreement, you shall make the payment of fee as per the invoice issued to you from time to time. The terms of invoice shall prevail over the terms of this agreement.

9.2) Your right to use the Product and Service is limited to the license period. You may have the option to extend your Service upon paying of the requisite fees. If you extend your service, you may continue using the Product and Service until the end of your extended service period. After the expiration of the period, Product and Service will stop running on your computer.

9.3) MadJock shall make best efforts to install & activate the product and services from the date of receipt of fee into its bank account (subject to delay due to technical malfunctions). However MadJock will not be liable in any manner for any delay in activating your contract.

9.4) You agree to pay the fee as specified in invoice copy. You can pay the fee, either by way of upfront payment (payment of entire fee), or by way of the easy instalments payment options as available. If You opts to pay the fee/consideration by paying instalments, under such payment schemes, the You shall be liable to pay to MadJock the SERVICE FEES (including applicable Tax), at the time of registration and the balance payment can be paid through the various payment modes such as ECS (Electronic Clearing Service); CCSI (Credit Card Standing Instruction) & NACH (National Automated Clearing House). It is hereby clarified that the services shall only be activated once the first ECS/ CCSI/ NACH payment is credited on MadJock's account as per the payment plan or the payment as received for the services/products as availed. Under no circumstances shall MadJock be liable to make any refund of any amount as paid by You on account of deactivation/non-activation of services due to non-receipt of any payment through ECS/ CCSI/ NACH/Cheques etc.. MadJock reserves the right, at its sole discretion, to change, modify and amend the Terms pertaining to the activation of your services at any time by publishing the amended Terms on our portals at https://www.MadJock.com/Terms-of-Use/Service-for-Listing- Services with or without notice to you. You are advised to check the Terms at regular interval to received uninterrupted services. MadJock does not encourage/prefer that payments be made in cash. Any cash payments made by you, shall be at your sole risk, without any recourse to MadJock.

9.5) In the event, if you fail to make any installments in time and as per the payment plan chosen by You, MadJock may, in its sole discretion, suspend the services until necessary payments are made by you. The right of MadJock to suspend the Service shall be without prejudice to MadJock’s right to terminate the agreement, without any further notification

9.6) MadJock shall be allowed to terminate the right to use the service to a particular licensor for non-payment of fees, for noncompliance, with any applicable rules, regulations or agreements regarding the use of the service or with applicable laws or regulations, or to exercise other remedies allowed at law or in equity. MadJock will notify you of any such instance including the name of licensor and reason for termination.

9.7) If any cheques are dishonored due to insufficient of funds, MadJock may present the cheques before the banks until the cheques are honored or till the validity of cheques. You shall not raise any objection in this regards and also shall be responsible for any/all liability, if any incurred. Further you acknowledge that any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881. You shall also be liable to pay interest @18 % per annum during that period.

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

MadJock will issue an invoice to you containing, inter-alia, the following details: a) Clients details b)License Fees c)Description of the features of Software, if required d)Type of access chosen by you (either website or App or both) if required.

MadJock is entitled to levy you for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services. You shall pay the said taxes and charges promptly without raising any objections. You also agree that in the event the said taxes and charges are not charged by MadJock the taxes shall be paid by you directly to the authorities concerned without raising any objection. You further agrees that the taxes and charges payable under this Clause is in addition to the license fee paid by You for the Services rendered by MadJock. The Taxes would include Service Tax & VAT ( Value Added Tax) or other taxes as applicable.

MadJock agrees to host and maintain your website on its server(s), as outlined in this Agreement. MadJock will take all reasonable precautions to implement data backup services on the data stored in your websites. MadJock agrees to monitor hosting services and make sites available to Internet users. However, MadJock is not responsible for unintentional damages or loss, either incidental or direct, caused by a loss of your information.

You shall acquire and maintain the Internet Protocol address and corresponding domain names for your website. MadJock may help you in obtaining the domain names and Internet Protocol address and maintaining the same at additional cost decided by MadJock from time to time. MadJock shall execute the actions necessary to establish the address of your website, or to delete the address in the event your relationship is terminated or website cancelled in accordance with the rules, and regulations related to the product. MadJock shall provide you the ability to access data on your Website and make changes with a password set by you. Your connection will be secured by the firewall.

Your right to use the hosting service is limited for the period of 5 (Five) years. You may have the option to extend your hosting service on paying of the fees. If you extend your hosting service, you may continue using the hosting service until the end of your extended period. After the expiration of your period, hosting service will stop. MadJock reserves its right to charge the fees for the hosting service, at any time, at its sole discretion, and the same shall be notified to client, in advance. All Web Hosting and Hosting plans, including the unlimited plans, are subject to a limitation prescribed by MadJock time to time. In the event these limitations are exceeded, your site may slow down or not be served until more resources are added. More resources may be added for additional fees.

You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Services.

14.1) MadJock will use commercially reasonable efforts to make available MadJock Support Center on Monday through Friday, during MadJock's normal business hours, excluding MadJock's scheduled holidays. MadJock will provide you all the customer and technical support via telephone hotline support 9380626815 or through support@MadJock.com. However our support services shall be limited to providing matter pertaining our software under this agreement not otherwise.

14.2) We shall not provide technical support for any third party products/software of any kind, incorporated by you into the website. On best effort basis, we will use all commercially reasonable means to resolve your issues in this Agreement.

14.3) MadJock will have no obligation to provide Maintenance Services for any Software that are damaged, modified (by anyone other than MadJock), incorporated into other software, or installed in any computing environment not supported by MadJock software program; or for any version of a software program other than the latest and immediately preceding version; or for any problems caused by your negligence, abuse, misuse, or by any causes beyond MadJock's reasonable control.

All fees paid by you to MadJock are final and non-refundable. Until you terminate this Agreement, as specified in this agreement, you are responsible for paying the fee, regardless of whether you use our Product and Service or not.

MadJock shall not be liable for any loss or damage resulting from non-performance by MadJock or its suppliers under this Agreement or from any delay in delivery of the Product and Service due to fire, labour unrest or strikes, delays in transportation or shipping, acts of God, war, acts of a public enemy, accident, hacking, technical glitch or any other cause or causes beyond the control of MadJock.

MadJock will not be liable for any costs incurred as a result of Client, for any reason, employing the services of a third party consultant or other technical personnel.

This agreement is non-transferable or assignable by the Client without the prior written consent of MadJock.

MadJock reserves the right to increase/raise the fees, at its discretion. The fees will only become effective upon renewal of the order. For clarity, additional purchases of the service/ other features will be subject to the new pricing.

You represent and warrant that

20.1) You would be solely responsible and liable for the information uploaded, edited, modified in the Software provided by MadJock.

20.2) You shall be solely responsible and liable for any dispute arising out of your usage of our services.

20.3) You acknowledge and confirm that you will be subject to the rules, guidelines, policies, terms, and conditions applicable to the MADJOCK. MadJock reserve the right, at its discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you.

20.4) You undertake to provide a copy of the licenses/ registrations (in case of corporate body) including but not limited to valid Identity proofs such as ration card, adhar card, voter id card and residential proofs such as electricity bill, telephone bill etc., (in case of individual) required to use our services.

20.5) You acknowledge that any breach of the covenants set forth here may be a cause for termination of your service by MadJock, at its sole discretion.

20.6) You agree that at all times, you will maintain appropriate records relating to the usage of our services and shall allow MadJock/ Government, /statutory authorities and any other appropriate entities to examine, inspect, audit and review all such records and any source document pertaining to the services.

20.7) You hereby undertake to upload the terms and conditions on your website which will be applicable to the user of your websites who visit you website for any purposes including but not limited to buys the product/s or avails the services whether online or otherwise.

20.8) You shall ensure and take all appropriate security measures to prevent unauthorized disclosure and/or access of any details such as user ids, passwords, sensitive personal information or any other information of any end-customers/ Customers, third party which are obtained by you in any manner whatsoever.

20.9) You shall make available any and all customer assistance channels to assist and guide the end-customers/ Customers using your services and respond to any queries and address any issues that may arise in using MadJock services.

20.10) You shall cooperate with MadJock and render assistance to it for connecting the respective MADJOCK systems of the Parties.

20.11) You shall take all such precautions and measures to ensure that there is no breach of security. You shall work upon developing and implementing various security mechanisms at your own cost and ensure that there are proper encryption and robust security measures to prevent any hacking into the information and other data store on your computer system.

20.12) You acknowledge that responsibility for all content provided by you to MadJock for the performance of the Services or otherwise included in the Website is the sole and exclusive responsibility of yours and that MadJock will not be held responsible in any way for any copyright infringement or violation, or the violation of any other person’s rights or the violation of any laws, including but not limited to infringement or misappropriation of copyright, trademark or other property right of any person or entity, arising or relating to the Content.

20.13) You before providing the services to the end user through (MADJOCK), shall be liable to check VAT/any other tax rates applicable on each and every product sold or services provided by you. MadJock shall not be liable for any error in any VAT/any other tax rates in the services provide through MADJOCK.

20.14) MadJock shall not be liable to update any changes in the VAT/any other tax rates in MADJOCK. You shall be liable to update the VAT/ any other tax rates from time to time as per applicable laws on the products sold or services provided by you.

20.15) You acknowledge and agree that we may elect at its sole discretion to monitor the Content. We shall have the right, but not the obligation, to remove the content which is deemed, in our sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law.

20.16) You agree to use the Services for legal purposes only. In the event that we become aware or reasonably believe, in its sole discretion, that the Services is being used for illegal purposes, we shall immediately terminate the Agreement and the Services as per our discretion, without notice, in addition to any remedies to which it (MadJock) may be entitled under law.

20.17) Any attempt to undermine or cause harm to a server of ours is strictly prohibited. This includes, but is not limited to, attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your server, or anything that causes server malfunction. Failure to comply is subject to immediate account deactivation without refund.

20.18) On the receipt of payment MadJock grants you the right/access to install and run one copy of the MADJOCK only on one computer/PC. For a single license You will use/install MADJOCK only in one outlet and if you intent to utilize MADJOCK for your another/additional outlet then you will have to make additional payment for availing MADJOCK on the price/charges determined by MadJock from time to time.

You acknowledge that you are not acquiring title to or any interest in any MadJock Product and Service other than right to use the same. Your right to use of our Product and Service is conditioned upon your timely payment of the full amount of Fees due for Product and Service and your compliance with the terms of this agreement, including the following restrictions. When the Term expires, your rights to use the Product and Service also expire and you may no longer use the Product and Service.

Client will not make any unauthorized, false, misleading, or illegal statements in connection with this Agreement or regarding the Product and Service. Client will not make any representations or warranties concerning the Product and Service on behalf of MadJock.

21.1) This Product and Service is available to you “as-is whereas basis." You bear the risk of using it. MadJock gives no express warranties, guarantees or conditions. MadJock will make all reasonable efforts to provide uninterrupted access and hosting services subject to down time and regular maintenance. However, notwithstanding anything in this Agreement, you acknowledge that MadJock and its business partners disclaim all warranties including but not limited to express or implied, written or oral. MadJock shall not be responsible or liable if any unauthorized person hacks into or gains access to your website. In addition MadJock shall not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data or business; interruption or stoppage to the access to and/or use of our service; interruption or stoppage of services etc. MadJock does not warrant that hosting services will be provided uninterrupted or free from errors or it is free from any virus or other malicious, destructive or corrupting code, program or macro. No advice or information, whether oral or written, obtained by you from MadJock or through or from MadJock shall create any warranty. MadJock shall have no liability in this respect.

21.2) MadJock’s sole obligation and the your sole and exclusive remedy in the event of interruption services, or loss of use and/or access to service, shall be to use all reasonable endeavors to restore the Services as soon as reasonably possible.

22.1) EXCEPT FOR THE ABOVE WARRANTY, THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES ARE PROVIDED "AS IS WHEREAS BASIS". THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES IS ASSUMED BY CLIENT. NEITHER MADJOCK, NOR AGENTS OF MADJOCK, NOR THE CREATORS OF THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES, WARRANT OR GUARANTEE THE RESULT TO BE OBTAINED WITH THE SOFTWARE PROGRAM, AND COMPONENTS AND MODULES IN TERMS OF CORRECTNESS, RELIABILITY OR LEGALITY. THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF THE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

22.2) THE LIABILITY OF MADJOCK OR ANY AGENT OF MADJOCK OR ANY CREATOR OF THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES UNDER THE LIMITED WARRANTY SET FORTH ABOVE SHALL BE LIMITED TO AND NOT EXCEED THE AMOUNT PAID BY CLIENT FOR THE PROGRAM SOFTWARE MEDIA AND RELATED SOFTWARE AND MATERIALS. IN NO EVENT SHALL MADJOCK, OR ANY AGENT OF MADJOCK, OR ANY CREATOR OF THIS SOFTWARE PROGRAM, AND COMPONENTS AND MODULES, BE LIABLE FOR ANY LOSS OF PROFITS OR ANY OTHER DAMAGES INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CLIENT.

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

23.1) Breach of any provision of this Agreement or non-performance of any of its obligations under this Agreement by you; or

23.2)Anything done or omitted to be done by you due to gross negligence, willful default or willful misconduct you or any of your officers, directors, employees or agents.

23.3)OR Resulting from Your business operations or use of Software provided by MadJock.

24.1) The right to use our Product and Service hereunder shall continue subject to payment of fees as prescribed by MadJock, time to time or unless and until terminated pursuant to Clause (ii) hereof and subject to your proper performance of its obligations hereunder.

24.2) MadJock has the right to terminate this Agreement upon any material breach of terms and conditions by you. In the event of termination by client for any reason, MadJock will not refund the amount paid by you. On termination you shall forthwith return or destroy all data, information and software program and its updated versions, and provide written intimation of the same to MadJock.

24.3) You agree that any breach of one or more provisions of this Agreement that threatens to, or causes MadJock substantial harm is a material breach. Furthermore, any breach of the confidentiality, or non-competition provisions by you, or failure to make payments, shall be considered material breaches. Furthermore, any conduct or negligence that adversely affects the business or good will and brand name of MadJock will be considered a material breach MadJock Under such circumstances shall terminate the agreement without any further notice .

24.4) Upon termination of this agreement, MadJock shall retain all proprietary technology and services provided to you, and shall render inoperable all Subscriber websites and software after allowing for a commercially reasonable and orderly transition by you. Each Party shall return or destroy all originals and copies of any Confidential Information of the other Party regarding this agreement.

25.1) The following content and activities may not be displayed or promoted by you and any person on your behalf nor Associated in any way with the Client's account or MadJock's services. MadJock shall be the sole arbiter as to what constitutes violation of this provision.

25.2) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that belongs to another person and to which the user does not have any right to;

25.3) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

25.4)You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that infringes any patent, trademark, copyright or other proprietary rights; or that violates any law for the time being in force;

25.5) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

25.6) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

25.7) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information/contents on the website that promotes any illegal or prohibited activity. viii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that may be damaging to MadJock's servers or to any other server on the Internet.

25.8) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that promotes or sale of unsolicited or bulk e-mail (SPAM) software or services or unsolicited or bulk e-mail or group posts (SPAM) which references and/or is traceable to MadJock and/or any Client in any way.

25.9) Your sending any promotional emails/sms to your consumers and MadJock assumes no responsibility, liability including but not limited to the issues arising in connection with your customers being registered in DO NOT CALL/ DND registry with the Telecom Regulatory Authority of India.

25.10) You and any person on your behalf must vigilantly comply with all applicable law, including, without limitation to, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made thereunder.

25.11) You and any person on your behalf shall not, knowingly or intentionally conceal, destroy or alter or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer program, computer system or computer network of MadJock, without the permission of MadJock.

25.12) You and any person on your behalf shall not, fraudulently or dishonestly, make use of the electronic signature, password or any other unique identification feature of any other person and you shall not misuse the computer resource of MadJock, without it permissions, and further shall not use the said devices for cheating by personating.

25.13) You and any person on your behalf shall not access or use of an Internet account or computer resources without the owner's authorization and further shall not download, copy or extract any data, computer data base or information from such computer network in any manner whatsoever;

25.14) You and any person on your behalf shall not introduce or causes to be introduced any computer contaminant or computer virus into any computer system or computer network and damages or causes to be damaged any computer system or computer network, data, computer data base or any other programs residing in such computer system or computer network.

25.15) You and any person on your behalf shall not, disrupt or causes disruption of any computer, computer system or computer network or denies or causes the denial of access to any person authorized to access any computer system or computer network by any means.

25.16) You and any person on your behalf shall not, destroy, delete or alter any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means and steel, conceal, destroy or alter or cause any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage.

25.17) You agree that you and any person on your behalf shall not indulge or conspired, in any manner whatsoever in the aforesaid illegal activities. MadJock shall have the right, but not the obligation, to remove the Content which is deemed, in MadJock’s sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law.

25.18) You are strictly prohibited from installing any third party software on our services without the express written authorization of MadJock. In the event that you install third party software on MadJock’s servers without the express written authorization of MadJock, MadJock at its discretion shall have the right to terminate the Services without any notice.

You may not copy or use any Software program in any manner that is not expressly allowed under this agreement; You may not use our Software program or its output to develop or enhance any product that competes with a MadJock software; You may not disclose the results of any benchmarking of a Software program (whether or not the results were obtained with assistance from MadJock) to any third party; or You may not use a Software program in the development of any product if the failure or malfunction of that product could reasonably be expected to result in personal injury, death, or catastrophic loss.

You are prohibited to use, publish, email, reproduce, disclose, furnish, reveal, communicate, transfer or make accessible to any other person for any purpose any information that you encounter, acquire or learn about in connection with this agreement and MadJock has not given you written authorization to disclose or made available to the public, except as needed in the course of and for the benefit of the client. You are not indulging in any kind of piracy of software and also unauthorized, copying, downloading, sharing, selling, distribution or installing multiple copies onto personal or work computers of copyrighted software.

You are strictly prohibited from installing any third party software on our program without the express written authorization of MadJock. In the event that you install third party software on MadJock’s servers without the express written authorization of MadJock, MadJock at its discretion shall have the right to terminate the Services without any notice.

26.1) MadJock maintains control and ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. Client shall keep the rights of ownership and use of his own domain name(s) even if Client changes MadJock. In case of disputes regarding authority over domain names, MadJock will follow industry standard practice of giving ultimate authority to the domain name registrant. MadJock maintain control and ownership of any copyright, proprietary and/or licensed software, scripts, programs, images, or other electronic data or media installed and or provided by MadJock.

26.2) All contents stored by you shall at all times remain the property of yours. You grant to MadJock non-exclusive, world-wide licence to the content only to the extent necessary for MadJock to host the website. MadJock uses the information it collects through the software features to upgrade or fix the software and otherwise improves the products and services. Additionally, you agree that MadJock may use and disclose the information and you would be deemed to have given your consent to contact you for any business promotion of MadJock and its affiliates.

During the term of this Agreement, and for a period of 2 (two) years after the termination of this Agreement, You agree not to develop or create any program of its own that is comparable in functionality or would compete with MadJock’s service in any way. You shall not directly, or through third person(s) or entity(s), attempt to develop, engineer, reverse engineer, create or re-create, any service that is comparable in functionality or concept with our service as outlined in this agreement. You shall not decompile, disassemble, or reverse engineer MadJock Materials or attempt to discover source code or other information concerning MadJock Materials including, without limitation, its design. You will not create any derivative work, program or product based on, or derived from MADJOCK, or use any information learned from MADJOCK to create any other program or product. You will not allow, encourage, facilitate, or assist any third party to do anything. You would be precluded from doing under this provision.

You shall not disclose to any third party or use, except in connection with the performance of Services hereunder, any confidential information of MadJock’s business (“Confidential Information”) in the course hereof.

Confidential Information shall include;

i) MadJock software program and plans for the Website.

ii) Specifications of MadJock’s software program and any future development plans.

iii) Concepts relating to MadJock software program not disclosed from the operation of the Website/

iv) Trade secrets of MadJock

v) Information derived from providing the Services when Website is in operation, including but not limited to:

MadJock and Client will mutually keep the data private and not share or reuse the other party's data, and put in place all normal reasonable security measures to protect each other's data, including corresponding NDA agreements with employees and contractors. Client recognizes that MadJock can be required to provide data to legal authorities upon valid legal injunction, and to comply to such injunctions with or without Client's authorization or consent. Furthermore, Client understands there is no absolute security, and in order to limit consequences of any accidental exposure, Client agrees to not use the Hosting storage for data beyond the data required for the Hosting. Client authorizes MadJock to backup and archive the Servers on-site and off-site, including Client's data and Sites for the purpose of continuous Hosting operations, and to maintain Server logs required for MadJock's technical operations and legal compliance. This authorization does not imply that MadJock must make or keep such backups, archives and logs. In case of suspected unauthorized use, or complaint, MadJock can, but must not, inspect Client data and traffic for compliance check purposes, prior to his decision to take measures.

30.1)Client has taken adequate encryption and security measures to maintain its computer resources secured under this agreement. You must ensure that you use the software through a secure network that requires a protective security safeguards. You shall comply with the security standards, as prescribed by the governments and implements the security management and procedures, network architecture, software design, and other critical protective measures to protect data and information.

30.2)You shall be solely responsible for undertaking measures to:

MadJock will exercise no control whatsoever over the content of the information passing through the network, email or website.

32) AUDIT AND COMPLIANCE:

MadJock may audit (using its own employees and those of an independent auditing firm that is subject to appropriate confidentiality obligations) your use of the Software and Documentation to verify your compliance with this agreement. You agree to give MadJock (or the auditing firm) reasonable access to your facilities and records for purposes of conducting these audits. MadJock will give you reasonable advance notice before conducting an audit. Audits will be conducted during normal business hours and no more than once per year, unless MadJock has a good-faith basis for believing that more frequent audits are warranted. MadJock will bear all the costs it incurs (including the fees and expenses of the auditing firm, if any) in conducting an audit, unless the audit reveals that you have failed to comply with this agreement in a material way, in which case you agree to reimburse MadJock for these costs, in addition to other Damages.

33) INTELLECTUAL PROPERTY RIGHTS:

This Software is owned by MadJock and is subject to protection under the copyright, patent and trademark laws of the India and other countries. You shall not have any right to use or reproduce in any manner any intellectual property owned by MadJock, including any trademarks, trade names, logos etc. ii) MadJock owns and retains all ownership and proprietary rights relating to services and its programming architecture, including, but not limited to, HTML code, program code, graphical code, design, technique, and all proprietary rights in the Services and all software code and content relating to the Services etc.. This Agreement does not transfer, sell, assign, or entitle you to any of our source codes, programming documentation, or trade secrets except as provided in the this Agreement. During the term of this Agreement, MadJock grants you, a right to use our services in connection with the use and maintenance of our service, consistent with the terms of this Agreement.

34) MISCELLANEOUS:

i) No Guarantee of Business: MadJock does not guarantee that by installing and using of this software, your business/profit will increase.

ii) No Marketing: MadJock is not obliged and does not promote you business. MadJock’s obligation under the Contract is limited to the obligations of providing access to software upon the receipt of requisite payment from your end.

iii) Entire Agreement: This Agreement constitutes the entire Agreement and understanding between the Parties, and supersedes any previous agreement or understanding or promise between the Parties, regarding the Software.

iv) Supersession- This Agreement supersedes all prior agreements and understandings (whether written or oral) between MadJock and the Clients, or any of them, with respect to the subject matter hereof.

v) Amendment – MadJock is entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to You. It shall be Your sole responsibility to visit MadJock Website and update himself / herself of the changes to the Terms of Service.

vi) Severability: If any provision of this Agreement is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions of this Agreement unlawful or otherwise ineffective, the remainder of this Agreement

shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.

vii) Waiver: Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

viii) Survival of Provisions: The terms and provisions of this Agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this Agreement.

ix) Force Majeure: MadJock shall not be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, hacking, virus prone, technical glitch, defacement, sabotage, stoppage of display or transmission of the website, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control.

x) Arbitration: In the event a dispute arises between the parties under this AGREEMENT, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 30 (thirty) days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Mysore. The arbitration shall be conducted by a sole arbitrator to be appointed by MadJock at its sole discretion. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.

xi) Assignments: You shall not assign, in whole or in part, the benefits or obligations of this Agreement unless otherwise mutually agreed in writing.

xii) Notices: All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the addresses as mentioned in the title to this document. Notices may also be sent through emails.

xiii) Non-Exclusive Right: It is expressly agreed and understood between the parties hereto that this Agreement is on a non-exclusive basis and MadJock is free to provide similar services to third party.

xiv) Governing Law and Jurisdiction: This AGREEMENT shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mysore, India.

1)This Terms of Use is entered between MadJock and the Vendor/business entity who have been issued MADJOCK Certificate. The Vendor/business entity hereby confirms that by applying, accepting, using the MADJOCK certificate indicates their agreement to all the terms and conditions under this Terms of Use and other applicable Terms and conditions, which has been clearly read, understood and accepted by the them. MadJock reserve the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to Vendor. It’s Vendor/business entity responsibility to review these Terms of Use periodically for updates/ changes. Vendor continued use of the MADJOCK Certificate following the posting of changes will mean that they have accepted and agreed to the revisions.

2)SERVICES:

3) FEE:

4) The Vendor upon the receipt of the MADJOCK Certificate shall satisfy itself about the details visible on MADJOCK Certificate:
If Vendor have any concerns in relation to MADJOCK Certificate then the same shall be raised maximum within 45 (forty five) days from the date of the receipt of the MADJOCK certificate from MadJock. Any concerns received from Vendor after 45 (forty five) days shall not be entertained by MadJock.

5. The Vendor shall not use, misrepresent, make any changes to, obliterate or tamper with MADJOCK Certificate or present any part of either of them out of context. The Vendor shall not make multiple copies of the MADJOCK Certificate issued by MADJOCK. Any such act of using or displaying of the MADJOCK Certificate at more than one location by any Vendor without the permission of MADJOCK would immediately give MADJOCK the authority to claim such amount as was originally charged to such Vendor to whom the MADJOCK Certificate ) was issued for the first time. MADJOCK will also be at liberty to take appropriate legal action as it deems fit against such Business Entities.

6. THE VENDOR SHALL NOT EDIT, ENLARGE, COPY OR CREATE ANY CERTIFICATE(S) OR TRANSFORM THE CERTIFICATE(S) IN ANY FORM/ MANNER WHICH IS SIMILAR TO THE CERTIFICATE (S) PROVIDED BY MADJOCK TO THE BUSINESS ENTITIES. ANY SUCH ACT OF VENDOR WILL LEAD TO CONFISCATION OF THE MADJOCK CERTIFICATE (S) ISSUED TO VENDOR ALONG WITH THE COPY OF THE MADJOCK CERTIFICATE(S) WHICH IS USED BY THE BUSINESS ENTITIES. MADJOCK WILL ALSO BE AT LIBERTY TO TAKE APPROPRIATE LEGAL ACTION AS IT DEEMS FIT AGAINST SUCH BUSINESS ENTITIES.

7. The MADJOCK Certificate (s) would carry the star ratings that are given by the Users by way of review and their user experience with such Business Entities. MADJOCK has no role to play in terms of influencing or increasing or decreasing the star ratings given by the User to such Business Entities.

8. The Vendor are prohibited and warned not to indulge in any manner of influencing the ratings to be given to their business listing at MADJOCK portal, by deploying fake Users to give a rating to such any Business Entities' business Listings. Vendor understands that any Advertisement of the MADJOCK Certificate (s) through any medium is strictly prohibited. MADJOCK reserves to take appropriate legal action as it deems fit, against any such act done by the Business Entities.

9. The Ratings in the form of stars to be displayed on the MADJOCK Certificate (s) are based on the User review and User experience at the relevant point of time when the MADJOCK Certificate (s) was issue to the Business Entities. The Ratings given are susceptible to change, post issuance of the MADJOCK Certificate, as the same is purely based on User review and User experience over which MADJOCK has no control. It is clarified that, the Business Entities’ Product and Service to their customers/users play a very vital and critical role in the Ratings that are finally given to such Business Entities.

10. Term and Termination:
The tenure of the MADJOCK certificate is for one year from the date of issuance by MadJock. In case Business Entities' breaches any conditions of the Terms of Use or MadJock receives any complaints against the Vendor from any one or for any other reasons, MadJock shall have right to terminate this Terms of Use forthwith and Vendor shall immediately stop using MADJOCK certificate issued by MadJock.

11. Consequences of Termination:
On expiry or earlier Termination of this Terms of Use, Vendor shall (a) cease using the MADJOCK Certificate; (b) return or destroy the MADJOCK Certificate within 7 business days of expiry or termination; and (c) confirm in writing that Vendor has complied with these obligations.

12. Intellectual Property Rights:
All intellectual property rights in:

Nothing in this Terms of Use is intended to grant any rights or license to the Vendor under any work right, copyright, trade secret, trademark or service mark, or other intellectual property right of MadJock. Vendor shall not have any right to use or reproduce in any manner any intellectual property owned by MadJock, including any trademarks, trade names, logos etc.

13. No Liability
MADJOCK assumes no liability or guarantee to the accuracy, completeness or actuality of Ratings given to any Business Entities. The Ratings as given on the MADJOCK Certificate (s) would hold good as per the User review and User experience at the relevant point of time. Such Ratings are solely the statements of opinion of each User as of the date they are expressed. No such rating by way of number of stars given in the MADJOCK Certificate and as displayed on the MADJOCK website is to be deemed as recommendation to place an order or purchase a Product or avail any Service of any Vendor listed with MADJOCK. MADJOCK has no obligation to update any information. MADJOCK does not act as a rating agency for recommending any Product or Service of the Vendor who listed with MADJOCK. MADJOCK is not obliged to ensure which User post review or express their User experience with respect to the Product or Service of any Vendor listed or who are availing the Services of MADJOCK.

14. Disclaimer
The Ratings given by any User of the MADJOCK Service is provided "as is" with no express or implied warranties, representations, endorsements or conditions with respect to the MADJOCK Certificate (s) and any information contained therein (the information contained therein, in the MADJOCK Certificate, including without limitation, usefulness, completeness, accuracy, timeliness, reliability and fitness for a particular purpose or use) which is issued by MADJOCK to it’s Business Entities. Furthermore, MADJOCK does not represent or warrant that the Product or Service of any Vendor listed at MADJOCK will meet the User’s requirements and needs. Under no circumstances MADJOCK shall be liable to the Vendor or the User for any loss (including, without limitation, lost income or lost profits and opportunity costs), damage, liability or expense suffered which is claimed to result from access or use of Ratings given to any Vendor based on which if anybody avails any Service or purchases any Product of Vendor listed at MADJOCK. Decision to use or avail any Product or Service of any Vendor listed at MADJOCK is at User's sole risk.

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

16. Disputes Resolution
If any dispute/difference arises between the parties about the Terms of Use then the Parties shall meet to discuss the matter and shall negotiate in good faith to resolve the matter. However if such matter remains unresolved within 60 days from the date of dispute intimated to other party in writing thereafter the matter shall be referred to the sole arbitrator appointed by MadJock at its discretion. The arbitration shall be conducted by the three member arbitration panel. The Arbitration and Conciliation Act, 1996 shall govern the arbitration proceedings and the place of Arbitration shall be Mysore. Language of Arbitration shall be English. Cost of Arbitration shall be borne in equal proportion by the Parties. Attorney costs shall be borne individually by each Party. The Arbitration award shall be final and binding upon the Parties.

17. Relationship
The relationship of the Parties is on a "principal to principal" basis and the Parties are independent of each other and nothing contained herein is intended to or shall be deemed to create with limitation any partnership, joint venture, employment or relationship of principal and agent between the Parties hereto or between the Vendor and the representatives and employees of MadJock or between MadJock and the representatives and employees of the Vendor or to provide either of the Parties with any right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party.

18. Survival of Information
The terms and provisions of this Terms of use that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this Terms of use.

19. Notices
All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the registered office addresses. Notices may also be sent through emails, however, such emails must be followed up with a physical notice at the above mentioned address within a period of ten (10) days.

20. Waiver:
Unless otherwise expressly stated, the failure to exercise or delay in exercising a right or remedy under this Terms of Use shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Terms of Use shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

21. Governing Law and Jurisdiction:
This Terms of Use shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mysore, India.

22. Assignments:
The Vendor shall not assign, in whole or in part, the benefits or obligations of this Terms of Use unless otherwise mutually agreed in writing.

The website, www.MadJock.com including its relevant shopping section(s) (the "Website") and the corresponding mobile application(s), (the "MADJOCK Business app/ MadJock app(s)") are managed and operated by Tark Innovation Pvt Limited ("MadJock", "us", "we", "our"), a public limited company incorporated under the Companies Act, 1956, having CIN Number [U73100KA2023PTC179105] and its registered office at ‘SAMAIRA ARCADE’, #06, A1 Block,Vijaynagar 3rd Stage,Mysor-570030. The Website and its relevant the mobile application MADJOCK Mobile Application(s) or any standalone mobile application created or allowed to take access of MADJOCK Mobile Application(s) or the Website, are collectively referred to as the "MADJOCK Shopping" or the Platform

MADJOCK Shopping is an online Marketplace that allows third party sellers, brand owners, retailers and distributers ("You" or "Sellers") to list their products for retail sale to end Customers ("Transactions"). The various categories available on the MADJOCK Shopping include without limitation, grocery, personal care, baby care , beverages, home care , electronics, fashion and lifestyle, furniture, books, pet supplies etc. Bundled with retail sale of plethora of products, MADJOCK Shopping also provides advertising, payment, hosting, technology and customer support services to Sellers ("Services").

These terms and conditions of sale ("Terms") govern the Services, access to, and use of MADJOCK Shopping by the Sellers for the purpose of offering products and services to end customers of MADJOCK Shopping ("Customer").

Please read these Terms carefully before using the Services or accessing MADJOCK Shopping. By using MADJOCK Shopping, registering for the Services or expressly accepting the Terms in the manner stipulated by MadJock, you signify your consent to be unconditionally bound by these Terms and any other policies made applicable in addition to these Terms from time to time.

This document is an electronic record in terms of Information Technology Act, 2000 ("IT Act"), the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.

For your ease of understanding, these Terms have been divided into the following parts:

1.1) USE OF MADJOCK SHOPPING

1.1.1) Subject to your strict compliance with these Terms and other such criteria as we may specify from time to time, MadJock grants to you, a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable, revocable and personal license to use MADJOCK Shopping solely for the limited purpose of availing the Services and carrying out Transactions.

1.1.2) By using MADJOCK Shopping and the Services, you grant to MadJock a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any text, images, videos or other form of content uploaded by you onto MADJOCK Shopping (hereinafter referred to as "User Generated Content" or "UGC") without additional approval or consideration for the full term of any rights that may be relevant for such content. You agree that your use of MADJOCK Shopping and the Services shall be deemed to be a waiver of any claim to the contrary over any feedback, comments, ideas or suggestions or any other content provided by you to MadJock through MADJOCK Shopping.

1.1.3) In order to facilitate a seamless payment mechanism, MadJock may require you to make and receive payments through a payment aggregator and a payment gateway enabled on MADJOCK Shopping. By using MADJOCK Shopping, you agree to use the payment aggregator and the payment gateway in accordance with the terms and conditions for availing services by such payment aggregator and payment gateway.

1.1.4) These Terms are to be read along with the https://www.MadJock.com/Terms-of-Use/Privacy-Policy ("Privacy Policy") and such other policies as MadJock may notify from time to time, all of which will be deemed to be included herein by reference. Your use of MADJOCK Shopping signifies that you hereby agree to the terms of each such policy made applicable from time to time. MadJock shall provide you with Logistics Services to deliver or to arrange the reverse pick-up of your products from the Customers. The terms in relation to the Logistics Services are not applicable if you choose to deliver the Products yourself.

1.1.5) Your use of MADJOCK Shopping is only to facilitate Transactions between you and Customers. Please note that each Transaction shall be deemed to be a contract only between you and Customer. To clarify, MadJock shall not be a party to any contract or arrangement entered into connection with a Transaction.

1.1.6) Further please note that, MadJock shall at all times at its sole discretion, have the right to refuse you or any other person, the access to MADJOCK Shopping and its services, terminate or suspend your account either permanently or temporary, edit, censor or monitor materials posted on MADJOCK Shopping, with or without notice to you and for such time period as MadJock may deem fit.

1.2) ELIGIBILITY

Only persons who can form legally binding contracts under Indian Contract Act, 1872 may register themselves as Sellers on MADJOCK Shopping, and avail Services. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including without limitation, un-discharged insolvents are not eligible to use MADJOCK Shopping. If you are a minor i.e., under the age of 18 years, you cannot register yourself as a Seller. We reserve the right to terminate your membership and / or refuse to provide you with access to MADJOCK Shopping if it is brought to our notice or if it is discovered that you are incompetent to enter into this contract.

1.3) REGISTRATION

1.3.1) In order to use MADJOCK Shopping, you will be required to create an account with us ("Seller Account"). For creation of such Seller Account, you will be required to provide relevant information as may be deemed appropriate by us, including without limitation, your name, entity details, residence / place of incorporation and contact details (collectively, the "Account Information").

1.3.2) Please note that, you shall be solely liable for:

1.3.3) You shall be responsible for all activities that occur through your Seller Account. If we detect any misuse of your Seller Account, including but not limited to MadJock policies applicable for listing of non-compliant products, MRP violation, restricted products etc. we may delist the Products listed by you on MADJOCK Shopping without any prior intimation, and/ or suspend/terminate your Seller Account on MADJOCK Shopping. You agree that MadJock will not be liable or responsible for the activities, consequences leading to legal proceedings by use or misuse of information that is provided by you on the Platform.

1.3.4) In case your use of MADJOCK Shopping is not in accordance with these Terms and other criteria as may be set out by MadJock from time to time, we may notify you of such non-conformity after having actual knowledge of such non-conformance. Once you are notified, you must adopt appropriate measures to correct deficiencies and non-conformance within a period of 2 (two) business days. Please note that, we will not be liable to settle any payment that accrues or amount that may be payable until you correct such deficiencies or non-conformance to our absolute satisfaction.

1.3.5) Please note that, without prejudice to any other rights available to us under these Terms or otherwise, in the event you fail to correct the notified non-conformance within the period prescribed in Paragraph 3.4 of Part A above, or if such remedial action is not practicable, MadJock will have the right but not the obligation to terminate these Terms or to suspend your Seller Account and your use of the Services with immediate effect at its sole discretion.

1.3.6) Please note that, without prejudice to the other rights available to us under these Terms or otherwise, we may take action for non-conformance with these Terms or representations made by you to the Customers / other users of MADJOCK Shopping or such other actions as MadJock may notify from time to time. By using the Services and MADJOCK Shopping, it shall be deemed that you provide consent for us to send you notifications from MadJock in the form of SMS or WhatsApp on your registered mobile number or e-mails. These notifications could, among other things, relate to your registration, Transactions carried out through MADJOCK Shopping, promotions offered by third party such as banks and brands, and / or other communication in relation to MADJOCK Shopping. Further, we may also send notifications and reminders to you with respect to your activity on MADJOCK Shopping. However, please note that, we shall not be liable for any failure to send such notifications or reminders to you.

1.4)INVOICING AND PAYMENT

Payment terms between Seller and MadJock:

1.4.1) For all payments that a Seller is eligible to receive in connection with each Transaction, MadJock will be entitled to receive as fee, as set out in fee schedule for each such payment, in consideration of facilitating such Transaction through MADJOCK Shopping ("Platform Fees"). Subject to Paragraph 4.1(c), the Platform Fee shall be net of all taxes.

1.4.2) The Platform fee is made up of three components i.e., commission fee, fixed fee and collection fee. Commission fee for each category may be changed or updated from time to time at MadJock’s sole discretion. Such revised fee, as applicable for your category listings can be accessed on your seller portal dashboard under bill plan tab. You are required to appraise on the applicable revised fee structure from time to time. You hereby agree and acknowledge that such revised fee structure will be applicable to you from time to time. Your continued use of MADJOCK Shopping following the changes or updates shall mean that you have accepted and agreed to the revisions.

1.4.3) It is hereby clarified that all payments shall only be settled as T+1 wherein T is calculated upon delivery of the product and expiry of the refund or return window including in case of cash on delivery orders and on the designated day as set out in the fee schedule.

1.4.4) The Seller hereby allows MadJock to collect all payments that the Seller is eligible to receive in connection with each Transaction through the Platform. MadJock will, within such time as set out in Fee schedule, make a cumulative payout to the Seller for all payments received from Customers in connection with Transactions, after deducting the accrued Transaction Fees, and applicable taxes such as GST and TDS, and other applicable deductions, receivable from the Seller as per applicable law . MadJock will raise invoices upon the Sellers for the accrued Transaction Fees.

1.4.5) The Seller hereby allows MadJock to withhold all the payments in case the Seller misuses MADJOCK Shopping or attempts to deceive the Customer. In such cases, MadJock has the right to settle all the payment with the Customer in the rightful manner and/or levy appropriate charges on the Seller for abuse of MADJOCK Shopping.

1.4.6) MadJock reserves the right to introduce a fee for the Seller’s access to services and products of MADJOCK Shopping and/or for provision of certain services to the Seller, in the manner stipulated by MadJock from time to time.

1.5) TERMS OF USE

1.5.1). Each time you access or use MADJOCK Shopping you represent and warrant to MadJock that:

1.5.2) In the event, a person is registering on MADJOCK Shopping on behalf of a business entity, such person by making such registration, represents that such person is duly authorized by such business entity to enter into these Terms and have the authority to bind such business entity to these Terms. Further, such person who is registering on to MADJOCK Shopping on behalf of a business entity shall also provide MadJock with a copy of the duly executed and stamped letter of authority issued on the letterhead of the business entity.

1.5.3) By using MADJOCK Shopping you warrant, you will not, at any time:

1.5.4) You shall not host, display, upload, modify, publish, transmit, update or share any information which:

1.5.5) By using MADJOCK Shopping, you undertake that, at all times:

1.5.6) When you use MADJOCK Shopping, you agree that you may be involved in the transmission of personal information and sensitive personal information, including but not limited to Account Information (collectively "SPI"), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. You must take all necessary steps to secure and maintain the confidentiality of the SPI that you have transmitted in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and Information Technology (Security of Prepaid Payment Instruments) Rules, 2017.

1.5.7) When you use MADJOCK Shopping, you agree that MadJock may provide you with certain data of other users of MADJOCK Shopping ("MadJock Customer Data") for the purpose of creating invoices or for providing installation or warranty services in relation to Transactions. Please note that you may use such MadJock Customer Data only for the limited purpose mentioned above and shall not store or use such MadJock Customer Data for any other purpose whatsoever. Further, without prejudice to the generality of the foregoing, you must delete all such MadJock Customer Data and any copy thereof upon the deactivation of your account with us and provide MadJock with such proof of destruction of the data as MadJock may deem fit. MADJOCK Shopping reserves the right to blacklist you for any breach of this clause and institute appropriate legal proceedings.

1.6) DISCLAIMER OF WARRANTIES

By using MADJOCK Shopping you expressly agree and acknowledge that:

1.6.1) the information, content and materials on MADJOCK Shopping are provided on an "as is" and "as available" basis. MadJock and all its subsidiaries, affiliates, officers, employees, agents and partners disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, accuracy, or fitness for a particular purpose;

1.6.2) MadJock does not pre-screen UGC and some UGC may contain views that may be opinions of users and also of experts. These views do not represent MadJock’s opinions, beliefs, morals or values. You agree and acknowledge that MadJock does not claim any ownership rights to the text, files, images including photos, videos, sounds, musical works or any UGC that you submit or publish on MADJOCK Shopping. After posting any UGC on MADJOCK Shopping, you continue to own the rights that you may have in that UGC, subject to the limited license set out herein below. MadJock shall not be liable to ensure that that UGC on MADJOCK Shopping is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties;

1.6.3) Without prejudice to the other rights available to MadJock under these Terms, please note MadJock shall have no liability for any infringement or claims which result from infringement of Intellectual Property (as defined below) of the Seller or of a third Party by the Seller including without limitation, any infringement arising out of modifications to the Intellectual Property (as hereinafter defined) of MadJock made by you; use of the Intellectual Property of MadJock in combination with any equipment, software, or data, not produced or authorized by MadJock; use of your Intellectual Property by MadJock in combination with any equipment, software, or data, as instructed or authorized by you; or use of the Intellectual Property of MadJock by you in a manner that is unlawful, prohibited under these Terms or for a purpose not contemplated under these Terms;

1.6.4) While MadJock will try to make access to and use of MADJOCK Shopping error-free, however, your access to MADJOCK Shopping may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. MadJock shall not be liable for any access or use problems that arise from internet related issues at your end;

1.6.5) MadJock does not warrant that the operation of MADJOCK Shopping, including the functions contained in any content, information and materials on MADJOCK Shopping or any third-party sites or services linked to MADJOCK Shopping will be uninterrupted, timely or error-free, that the defects will be rectified, or that MADJOCK Shopping or the servers that make such content, information and materials available are free of viruses or other harmful components;

1.6.6) any material downloaded or otherwise obtained through MADJOCK Shopping is accessed by you at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system and / or other electronic device;

1.6.7) MadJock shall not be liable to ensure that other users of MADJOCK Shopping are or will be complying with the foregoing rules or any other provisions of these Terms. As between you and MadJock, you hereby assumes all risk of harm or injury resulting from any such lack of complianc

1.6.8) MadJock does not make any representations or warranties in relation to the products or services proposed to be sold, offered to be sold or purchased on MADJOCK Shopping, including without limitation the quality, value, and / or usability thereof;

1.6.9) MadJock does not implicitly or explicitly support or endorse the sale or purchase of any products and services on MADJOCK Shopping;

1.6.10) MadJock shall not be held liable for any intentional or unintentional actions, errors, omissions, and / or misrepresentations, non-performance or breach of any contract, of you or third parties in relation to the products and services and / or the Transactions on MADJOCK Shopping;

1.6.11) You hereby agree that the title of the Products shall be with You till the time the Product(s) is delivered to the Customer. This would be applicable even when transit services are provided by MadJock. It is further clarified that MadJock shall not gain title to or have any rights or claims over the products or services offered by you.

1.6.12) irrespective of the reasonable efforts we may make in this regard, MadJock cannot control the information provided by third parties which is made available on MADJOCK Shopping and subject to the applicable law, MadJock will not be held liable in any manner with respect to such information provided by third parties; and

1.6.13) all commercial / contractual terms including without limitation, price, shipping costs, payment methods, mode of delivery, and warranties related to products and services and after-sales services related to products and services offered by you on MADJOCK Shopping shall be your sole liability.

1.7) INDEMNIFICATION

You will indemnify, defend and hold harmless MadJock and its affiliates, and each of its and their officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, penalty (including from governmental authorities), inconveniences and / or costs (including reasonable attorney fees and costs) arising from or in any way connected with your access to or use of MADJOCK Shopping or the Transaction, violation of these Terms or applicable laws, or infringement of any rights related to Intellectual Property or other rights of MadJock or any third-party. In addition to the foregoing and without prejudice thereto, you hereby agree to provide MadJock with such assistance as MadJock may require, at your expense, in defending any such claim, loss, liability, damage, or cost. Your indemnification obligations hereunder will survive the expiry or termination of these Terms and/or your use of the Service.

1.8) LIMITATION OF LIABILITY

1.8.1) By using MADJOCK Shopping you, hereby acknowledge and undertake that you are accessing MADJOCK Shopping, transacting at your own risk and are using your best and prudent judgement before entering into any Transactions or any commercial or non-commercial arrangements through MADJOCK Shopping. You hereby release and agree to indemnify MadJock and / or any of its officers and representatives from any cost, damage, liability or other consequence of any of your actions on MADJOCK Shopping and specifically waive any claims that you may have in this behalf under any applicable law.

1.8.2) To the fullest extent permitted by law, in no event shall MadJock or any of its directors, officers, employees, agents or content or service providers (collectively, the "MadJock Representatives") be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, MADJOCK Shopping or the content, materials and functions related thereto, the services, the provision of information via MADJOCK Shopping, lost business, even if MadJock or such MadJock Representatives have been advised of the possibility of such damages.

1.8.3) Notwithstanding Paragraph 1.8.2 of Part A above, the total cumulative liability of MadJock or MadJock Representatives in relation to any losses arising out of direct damages shall not exceed an amount equal to total Transaction Fees actually paid to MadJock for the period of 12 (Twelve) calendar months immediately preceding the claim for such liability.

1.8.4) In no event shall MadJock or the MadJock Representatives be liable for:

1.8.5) By using MADJOCK Shopping, you agree and acknowledge that MadJock is neither liable nor responsible for any actions or inactions of the other users of MADJOCK Shopping or any breach of conditions, representations or warranties by them. MadJock is not obligated to mediate or resolve any dispute between you and other users of MADJOCK Shopping. MadJock is only a facilitator between the third party service providers and You. You shall be entering into separate agreements with third party service providers if you choose to avail services from them and any dispute or liability arising with such third part service providers, would be governed as per your agreement with third party service providers.

1.8.6) None of the directors, officials or employees of MadJock shall be personally liable for any action in connection with MADJOCK Shopping wherein the services are not directly provided by MadJock.

1.9) CONFIDENTIALITY

1.9.1) By using MADJOCK Shopping, you acknowledge and agree that during the period of your use of MADJOCK Shopping, you might have access to confidential and proprietary information, in oral or written form, whether marked as confidential or not, belonging to MadJock or a third-party, including customers of MADJOCK Shopping, to whom confidentiality obligations are owed, including information relating to these Terms; strategic data (technical, financial, commercial or otherwise); methods of operation, databases, flowcharts, or diagrams; prospective new ventures; policies and procedures regarding the design, development, marketing pricing and distribution of existing and prospective services; research methods and results; creative and programming tools, methodologies, techniques; the identities of sellers, business partners (actual or prospective), business and marketing plans, financial information, data and accounts, sell through data; business practices, operational or security procedures, internal policies, personnel information, training techniques, passwords; contractor relationships and strategic alliances; or consulting services ("Confidential Information"). Provided however that, Confidential Information shall not include any information generally known to the public (other than as a result of unauthorized disclosure by you).

1.9.2) You must, during the period of its use of MADJOCK Shopping and at any time thereafter:

1.9.3) These Terms shall not restrict either you or MadJock from complying with any legal requirement to disclose Confidential Information, provided that you promptly notify MadJock of such legal requirement to the extent that you are not prohibited from doing so by applicable laws, so that MadJock may seek to quash such order and to obtain a protective order requiring that the relevant Confidential Information be held in confidence by such court or agency or, if disclosed, be used only for the purposes for which the order was issued. You must cooperate fully with MadJock in any such proceeding.

1.9.4) By using MADJOCK Shopping, you agree, acknowledge and understand that any disclosure or misappropriation of any of the Confidential Information in violation of these Terms may cause irreparable harm to MadJock, the amount of which may be difficult to ascertain. Without prejudice to any other rights available to MadJock under these Terms or otherwise, MadJock shall have the right to apply to a court of competent jurisdiction for specific performance and / or an order restraining and enjoining any such further disclosure or breach and for such other relief as MadJock shall deem appropriate. To clarify, such right of MadJock shall be in addition to the remedies otherwise available to them, at law or in equity.

1.9.5) For avoidance of doubt, it is hereby clarified that, you shall not disclose the provisions of these Terms, without the prior written consent of MadJock.

1.10) ACCOUNT DEACTIVATION

1.10.1) In the event, you are desirous of deactivating your account and ceasing all use of MADJOCK Shopping, then you shall notify MadJock in writing. MadJock shall within 30 (Thirty) calendar days of receiving the written notice deactivate your account on MADJOCK Shopping. You hereby agree that MadJock shall have the right, but not the obligation to put your account and all related Transactions and payments on hold for a period of 60 (Sixty) calendar days, to carry out such closing procedures as MadJock may deem fit at its sole discretion. Provided that, MadJock shall have the right, but not the obligation to refuse any such request for deactivation of accounts from you, until you have completed payment of all such consideration as may be outstanding to be paid to MadJock and all the products sold to the Customers have completed the return window.

1.10.2) You hereby agree and acknowledge that MadJock shall continue to retain your information after the deactivation of your account or the termination of these Terms for any reason whatsoever.

1.10.3) MadJock shall have the right to temporarily suspend or permanently terminate your access to MADJOCK Shopping with or without notice and to exercise any other remedy available under law with immediate effect:

1.11) CONSEQUENCES OF ACCOUNT DEACTIVATION

1.11.1) Subject to Paragraph 11.5 below, deactivation of your account and / or termination of Seller’s access to MADJOCK Shopping shall not have the effect of relieving the Parties of any obligations accruing to them at any time prior to the deactivation/termination hereof, including any fulfilment of Customer orders placed on MADJOCK Shopping before such deactivation/termination of your account.

1.11.2) Upon deactivation of your account and / or termination / suspension of your access to MADJOCK Shopping, your right to access MADJOCK Shopping or undertake any Transactions will immediately cease and MadJock reserves the right to remove or delete your user information, including but not limited to login credentials, account details and information posted by you.

1.11.3) Upon deactivation of your account and / or termination / suspension of your access to MADJOCK Shopping, all rights, licenses and authorization granted by either party hereunder shall terminate forthwith, and you shall immediately cease using and destroy / return any Intellectual Property of MadJock or any other information provided by MadJock during the period of use of MADJOCK Shopping by you, any copies thereof in accordance with the instructions of MadJock. If MadJock requires for you to destroy any such information, you shall provide a written certification signed by an authorized officer of you, that such information of MadJock has been destroyed.

1.11.4) Upon deactivation of your account and / or termination of your access to MADJOCK Shopping, for any reason other than as provided in the Paragraph 10. 3 of Part A above, MadJock shall, within a reasonable time, pay to you, all outstanding amounts that have accrued to you, until such deactivation/termination.

1.11.5) Upon deactivation of your account and / or termination of your access to MADJOCK Shopping for any reason provided in Paragraph 11.3 of Part A above, MadJock shall pay all outstanding amounts to you that have accrued to you until such deactivation/termination. Such full and final settlement shall be subject to any investigations that may be initiated against you and/or in relation to the events listed out in Paragraph 10.3 of Part A above that resulted in deactivation/termination of your access to MADJOCK Shopping.

2.1) Transactions, Transaction price and all commercial terms such as delivery, warranties related to products or services, dispatch of products and / or services shall be as per principal to principal bipartite contractual obligations between Seller and Customer.

2.2) With the limited intent to facilitate Transactions, MadJock may itself or through third parties, provide electronic and cash on delivery mechanisms, on such terms and conditions as MadJock may deem fit at its sole discretion, ("Payment Facility"). Use of such Payment Facilities shall be subject to the payment settlement mechanism as set out in the Fee schedule and the terms and conditions provided by the relevant payment facility. Such Payment Facilities may include without limitation:

2.3) You explicitly authorize MadJock and or its service providers to collect, process, facilitate, and remit payments and/or the Transaction price electronically or through cash on delivery to and from Customers in respect of Transactions through Payment Facility.

2.4) By using MADJOCK Shopping, you agree and acknowledge that any consideration provided by a Customer with respect to a Transaction, will be remitted to a Seller’s bank account in accordance with the applicable laws, and the Fee schedule, only in the event that:

2.5) Please note that any dispute with respect to the payment of any consideration / monies to the Seller shall be subject to the fee schedule and where MadJock deems fit, it shall have the right but the obligation to resolve such dispute at its discretion.

2.6) By using MADJOCK Shopping, you hereby agree and acknowledge that:

2.7) You hereby agree and undertake to not get in touch with the Customers or even prospective Customers directly or indirectly.

3.1) You must list goods and / or services for sale on MADJOCK Shopping in accordance with these Terms and such other criteria as MadJock may notify from time to time.

3.2) By using MADJOCK Shopping it is understood that you agree and acknowledge that you are legally competent and permitted to sell the item(s) that you list for sale on MADJOCK Shopping (“Item Listing(s)”) and have all the necessary licenses, certificate, approvals and permits required for such sale. Each Item Listing must be made in accordance with applicable laws, including without limitation the Consumer Protection (E-Commerce) Rules, 2020.

3.3) Each product listed and offered for sale by you on MADJOCK Shopping is made available as per the delivery timelines committed and you will maintain sufficient stock of inventory to fulfill the Customer orders received through MADJOCK Shopping.

3.4) By using MADJOCK Shopping you warrant and undertake that descriptions, images, and other content pertaining to goods or services provided by you on MADJOCK Shopping are accurate and correspond directly with the appearance, nature, quality, purpose and other general features of such goods or services.

3.5) You will be liable to ensure that each Item Listing and advertisements for marketing of goods or services are consistent with the actual characteristics, access and usage conditions of such goods or services being listed on MADJOCK Shopping.

3.6) You must ensure that all items are listed in the appropriate category on MADJOCK Shopping.

3.7) You must at all times, for packaging the products, utilize the packaging materials, advertising, merchandising and promotional materials as per recommended packaging guidelines or as prescribed under the applicable law.

3.8) Please note that, you will be liable to ensure that each Item Listing explicitly provides:

3.9) Please note that, you shall be liable for providing all Product Support for the entirety of the applicable time-period of such Product Support. For clarification, your liability to provide Product Support shall survive the termination / cessation of your account / arrangement with us.

3.10) You must not to list a single product in multiple quantities across various categories on MADJOCK Shopping.

3.11) You must at all times ensure that any Item Listing does not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties.

3.12) You must immediately notify us in writing, in the event you have ever offered goods or services that have previously been removed or access to which has previously been disabled under the Copyright Act, 1957 (14 of 1957), the Trade Marks Act, 1999 (47 of 1999) or the Information Technology Act, 2000 (21 of 2000), and provide such other information and / or documentation as we may request in this regard.

3.13) You must ensure that the MRP or the RSP of the listed item is captured correctly as per the amount declared on the package and ensure that the same is reflecting correctly on the Platform. At no time, the listing price should be higher than the MRP or RSP printed on the packaging.

3.14) You must at all times ensure that all listed items are kept in stock for successful fulfilment of sales.

3.15) You shall maintain adequate stocks for sale on MADJOCK Shopping and update stock status frequently to avoid your product being “out of stock” on a frequent basis.

3.16) Please note that, we have, the right but not the obligation, to delete any listings of any items or otherwise the selling of products with or without notice and / or cause, at our sole discretion.

3.17) Any/all warranties on the products listed by you on MADJOCK Shopping shall be solely provided by you and MADJOCK Shopping shall not be directly or indirectly liable for the same. You shall continue to be liable for such warranties notwithstanding the deactivation/suspension/termination of your account as per the terms hereof. You shall provide clear and ordinarily comprehensible terms & conditions of warranty in relation to such products, including period of warranty, conditions for offering warranty or any other condition important towards fulfilling warranty should be provided. You shall provide all such details to MADJOCK Shopping for mentioning in the product description page.

3.18) In the event a longer warranty period is provided by you on other platforms (both online and offline) on a similar product, then such longer warranty period shall also be offered on the products listed by you on MADJOCK Shopping.

3.19) Third party warranty services may be offered on MADJOCK Shopping. These third party warranty services do not replace the warranties required to be provided by you on the Item Listings. These third party warranty services are over and above the warranty provided by you and as per the terms agreed between the Customer and the third party warranty service provider.

3.20) If you are offering promotions/discounts/offers on products sold by you on other platforms (both online and offline), and the same products are also listed on MADJOCK Shopping, MadJock expects you to promptly inform it of such promotions/discounts/offers. MadJock also expects that you would extend the most favorable promotions/discounts/offers to the Customers on MADJOCK Shopping as well.

3.21) You may avail on MADJOCK Shopping, through a third party, assistance on catalogue creation. MadJock is only a facilitator and is not responsible for any error or discrepancy in the catalogue or the product description page. MadJock shall not be liable for any shortfall in the service provided to you by the third party. You hereby agree to monitor the cataloging services of the third party availed by you regularly and correct any error or discrepancy immediately on MADJOCK Shopping. You will be solely liable for any such error or discrepancy.

3.22) You shall provide correct images and description of the product and monitor whether the same is being reflected correctly on the MADJOCK Shopping website from time to time.

3.23) You shall adhere to all applicable laws in India including but not limited to Legal Metrology Act, 2009, The Food Safety and Standards Act, 2006 and such other laws relating to the Transactions.

3.24) ACCESS OUTSIDE THE REPUBLIC OF INDIA

4.1) TERM

4.2) MADJOCK SHOPPING CONTENT

4.3) PUBLICITY

4.4) LINKS TO THIRD-PARTY WEBSITES AND APPLICATIONS

4.5) EQUITABLE RELIEF

4.6) GOVERNING LAW AND DISPUTE RESOLUTION

4.7) MISCELLANEOUS

4.8) AMENDMENT

Tark INnovation Pvt Limited, having its registered address at palm court building, ‘SAMAIRA ARCADE’, #06, A1 Block,Vijaynagar 3rd Stage,Mysor-570030 ("MadJock", "we", "us" or "our") is managing and operating the mobile application/website MadJock.com referred to as the "MadJock Shopping Platform"). This cancellation, return and refund policy ("Policy"), together with the Terms of Use sets out the terms and conditions for cancellation, return and refund of products listed and sold on MadJock Shopping and its mobile and tablet applications ("MadJock Shopping"). The products listed and sold on MadJock Shopping shall be referred to herein as "Products".

By using MadJock Shopping and/or initiating a request for purchase of Product(s) on the MadJock Shopping, you agree to be bound by the terms contained in this Policy without modification. If you do not agree to the terms contained in this Policy, you are advised not to transact on MadJock Shopping. Please note that, we may from time to time change the terms of the Policy that govern your terms of cancellation, return or refund of an order for Product bought on MadJock Shopping. Every time you wish to use MadJock Shopping, please check the Policy to ensure you understand the terms and conditions that apply at that time.

2.1) You can cancel the order prior to the dispatch of Product by MadJock or the seller. The order cannot be cancelled once the dispatch has been initiated.

2.2) The request for cancellation of the order can be made by cancelling the order from ?My Orders? section by using the order tracking number, or by calling our customer care number, or any other method, as may be intimated by MadJock to you from time to time.

2.3) On the receipt of order cancellation request, your order will be cancelled with immediate effect, and the refund process will be initiated within 24 hours of confirmation of cancellation.

3.1)You may initiate return of Products within the timelines and as per the terms stipulated underAnnexure A(refer to the table provided at the end of this Policy) of this Policy. We would accept the request for return of such Product subject to the terms of this Policy. MadJock will not process return if you have placed the order for a wrong product model, colour or incorrect Product.

3.2)If you have received any Product which is eligible for return in terms of this Policy, we suggest you to immediately register a request in this regard on the MadJock Shopping.

We will in our sole discretion verify if:

Further, to the assessment of the damage or the concern reported in the return request, MadJock may in its sole discretion resolve the issue subject to the assessment report, in a manner as it may deem fit.

3.3)Please be informed that when you opt to cancel or return the Products, upon our verification of the Products and the documents relating thereto, the refund amount for such Products which are eligible for return as per the terms of this Policy, will be processed within a period of 1 business day from the date of us verifying the defect or the non-compliance in the Product. Your refund will be processed only when the conditions as may be stipulated by MadJock are fulfilled. The refund amount will be credited to the original payment mode opted by you or in your wallet associated with the MadJock Shopping ("Wallet") eligible for Wallet refund, as may be chosen by you. You acknowledge that after initiation of refund, it may take additional time for your refund to reflect in your account which is subject to your financial institution or payment solution provider terms and conditions.

3.4)Please be informed that for Products, for which you had opted for ?Cash on Delivery?, as a payment option, you will receive refunds in your bank account (as per the bank account details provided by you to us) in case the Product is purchased from a third-party seller made available. However, if the Sale was consummated by MadJock, you will receive your refund in your Wallet. We do not make any cash refunds.

3.5)The amount claimed as refund will be refunded to you within 15 working days depending upon the mode of payment chosen by you. Sometimes banks or financial intermediaries take a longer time to process the refund request. However, if the refund does not happen by the date advised, you may contact us, and we will gladly help you.

For any feedback, concern or query, you may please reach out to us on the below contact details:

Write to us on: support@MadJock.com

Call us at:+91-8277257321