Terms and Conditions for Information Dissemination
YOUR ACCEPTANCE OF THIS AGREEMENT:
This is an agreement between you ("you" or "your") and RITSWORLD BUSINESS SOLUTIONS PRIVATE LIMITED, a company incorporated under the Companies Act 1956 with its registered office at No 3, 20th Main Rd, 7th Block, Koramangala, Bengaluru, Karnataka 560095 ("RITSWORLD" "we," or "our") that governs your use of the search services offered by RITSWORLD through its website www.ritsworld.com ("Website") or any other medium using which RITSWORLD 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.
HOW YOU MAY USE OUR MATERIALS:
We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively "Materials") for the search services on the Platforms. We provide the Material through the Platforms FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.
While every attempt has been made to ascertain the authenticity of the Platforms content, RITSWORLD 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 RITSWORLD. 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 RITSWORLD, its subsidiaries, parent companies, and/or any third party owner of such rights.
HOW YOU MAY USE OUR MARKS:
The RITSWORLD 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 RITSWORLD 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 RITSWORLD name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of RITSWORLD. Requests for authorization should be made to [email protected]
HOW WE MAY USE INFORMATION YOU PROVIDE TO US:
REVIEWS, RATINGS & COMMENTS BY USERS:
Since, RITSWORLD provides information directory services through various mediums (SMS, E-Mail, Website, APP and voice or phone), your ("Users") use of any of the aforementioned medium to post Reviews, Ratings and Comments about the RITSWORLD services and also about the Advertiser's listed at RITSWORLD 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 RITSWORLD and any materials you add to the Site or add to any mediums offered by RITSWORLD, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you(the "Communications"). RITSWORLD does not endorse or accept any of your Communication as representative of their (RITSWORLD) views. By transmitting any public Communication to the Site, you grant RITSWORLD 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 RITSWORLD . You hereby waive and grant to RITSWORLD all rights including intellectual property rights and also "moral rights" in your Communications, posted at RITSWORLD through any of mediums of RITSWORLD. RITSWORLD 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 RITSWORLD reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Questions posted by you.
RITSWORLD has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Questions. RITSWORLD cannot review all Communications made on and through any of the mediums of RITSWORLD. However, RITSWORLD reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which RITSWORLD in its sole discretion deems inappropriate, offensive or contrary to any RITSWORLD policy, or that violate this terms:
RITSWORLD reserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which is
- obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
- constitutes or contains false or misleading indications of origin or statements of fact;
- slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
- causes injury of any kind to any person or entity;
- 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;
- violates any applicable laws, rules, or regulations;
- 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;
- 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 Questions, then RITSWORLD reserves right to take appropriate legal action against you. Further, you shall indemnify and protect RITSWORLD against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Questions. RITSWORLD takes no responsibility and assumes no liability for any content posted by you or any third party on RITSWORLD site or on any mediums of RITSWORLD.
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 RITSWORLD.
RITSWORLD 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 RITSWORLD 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 .
RITSWORLD 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 endeavour 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 RITSWORLD. 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 RITSWORLD or its affiliates. RITSWORLD 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 RITSWORLD.
RITSWORLD 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 RITSWORLD will at no point of time be responsible for the accuracy or correctness of such information. RITSWORLD 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).
RITSWORLD 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, RITSWORLD 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 RITSWORLD. RITSWORLD 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. RITSWORLD 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. RITSWORLD 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. RITSWORLD DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND MATERIALS. RITSWORLD DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
RITSWORLD 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 "RITSWORLD GUARANTEE" and "RITSWORLD’s Right"
The "RITSWORLD Guarantee" and "RITSWORLD’s Right" is a limited assurance offered by RITSWORLD that the name and contact information of the advertiser and the category in which the advertiser is listed by RITSWORLD, have been verified as existing and correct at the time of the advertiser's application to register with RITSWORLD. RITSWORLD 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 RITSWORLD service across the following mediums ie. through internet ie www.ritsworld.com Website, 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 RITSWORLD.
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 RITSWORLD does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with RITSWORLD .Further, RITSWORLD is not at all responsible for any act of Advertiser/s listed at RITSWORLD.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL RITSWORLD 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 RITSWORLD 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. RITSWORLD DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE PLATFORMS.
THE USER OF THE PLATFORMS ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PLATFORMS AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
THIRD PARTY SITES:
MONITORING OF MATERIALS TRANSMITTED BY YOU: Changes may be periodically incorporated into the Platforms. RITSWORLD 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 RITSWORLD 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. RITSWORLD 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: RITSWORLD 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. RITSWORLD 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 RITSWORLD, may be, defamatory, infringing or violate of applicable law. RITSWORLD reserves the right to exclude Material from the Platforms. Materials submitted to RITSWORLD for publication on the Platforms may be edited for length, clarity and/or consistency with RITSWORLD'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 RITSWORLD. RITSWORLD 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. RITSWORLD 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: RITSWORLD BUSINESS SOLUTIONS Private Limited, No 3, 20th Main Rd, 7th Block, Koramangala, Bengaluru, Karnataka 560095
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 Bangalore, India.
Entire Agreement. These Terms constitutes the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided in Section 1, these Terms may not be modified except by writing signed by you and us; provided, however, we may change these Terms from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Website.
Terms of Service for Advertiser
The Services (defined hereinafter) of ‘RITSWORLD’ is provided by RITSWORLD BUSINESS SOLUTIONS Private Limited, a company incorporated under the Companies Act, 1956 and having its registered office at Building No 3, 20th Main Rd, 7th Block, Koramangala, Bengaluru, Karnataka 560095 (“RITSWORLD”). RITSWORLD 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. RITSWORLD Provides Users (defined below) with its search service with information and user reviews for RITSWORLD database of local business, products and services across India. RITSWORLD search service is available to users through multiple platform viz. Internet, mobile internet, telephone (Text & SMS). RITSWORLD is merely a medium which connects general public with vendor’s goods and services (“Vendors”) listed on RITSWORLD however at the same time it does not intend to guarantee any business to such Vendors. The Vendor details are specified at Page 1 of the contract, Vendors are hereinafter referred to as (“Advertiser”). RITSWORLD’s objective is to provide a quicker guide for up-to-date Information in a user friendly manner and via a medium that the end user is comfortable with. The end users of the Service are persons who may want to purchase goods / avail services and are seeking information about the Vendors of such goods and services (“Users”). These Terms (defined below) read with the contract form (“Contract Form”) and the invoice mentioned in Clause 11 constitute the entire understanding and Contract (“Contract”) between RITSWORLD and the Advertiser.
- (a) Contract means this Contract together with all Schedules and Annexures (if any);
- (b) References to a party hereunder shall include such party’s successors, permitted assigns and any persons deriving title under it;
- (c) The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of the content of such Clauses;
- (d) The use of words in the singular or plural, or with a particular gender, shall not limit the scope or exclude the application of any provision of this Contract to such person or persons unless the context otherwise permits;
- (e) Any grammatical form of a defined term herein shall have the same meaning as that of such term; and The words “including” and “includes” herein shall always mean “including, without limitation” and “includes, without limitation”, respectively
Advertisers may be business houses, small medium enterprises, corporate entities, semi-corporate entities, establishments or individuals, who subscribe to the Service in order to list their company or business. RITSWORLD will provide only the Information about the Advertiser to the Users in the manner provided for in these Terms. Advertiser agrees and acknowledges that RITSWORLD does not guarantee any business to the Advertiser and is merely a medium through which information is made available to the general public.
4)GENERAL TERMS :
- (i) These Terms of Service, including any Annexures hereto, (“Terms”) along with the Contract Form set forth the terms and conditions under which the Advertiser may be identified as a Vendor to the Users. The Contract shall come into effect upon the Advertiser or any authorized agent of the Advertiser signing and delivering the Contract to RITSWORLD and upon the realization of consideration. (“Effective Date”). The Contract will override any previous understanding (whether written or oral) between the Advertiser and RITSWORLD on the subject matter hereof. The Contract 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 the Contract subject to payment received under the Contract. The Contract would automatically stand renewed unless (a) the Advertiser intimates RITSWORLD by prior written notice (either by email or through registered post) at least 3 (three) months before the expiry of the 1 (one) year tenure, expressing their intention not to renew the Contract or (b) is terminated by either Party prior to renewal in accordance with these Terms. In the absence of any written communication by the Advertiser as to non-renewal after the expiry of the 1 (one) year tenure or unless terminated earlier by either Party, the Contract would stand automatically renewed on terms of this Contract. By agreeing to the terms of the Contract, the Advertiser shall be deemed to have consented unconditionally to all such addendums and amendments to the Contract without requirement of any specific notice or signature thereto. The Advertiser acknowledges and agrees that in case of conflict between this Contract and the terms and conditions (“Terms of Service”) contained on the Website, the Terms of Service as updated in website shall prevail. RITSWORLD is entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to the Advertiser. It shall be the sole responsibility of the Advertiser to visit the Website and update himself / herself of the changes to the Terms of Service. Any changes to or amendment to these Terms or the Terms of Service will be deemed to take effect from the Effective Date and will be binding on the Advertiser.
- (ii) Subject to terms set out in Clause above, it is clarified that the automatic renewal of the Contract will also be subject to sufficient credit balance of Advertiser being available in the Advertiser’s account with RITSWORLD. It is further clarified that in ECS/ CCSI mandate should be active and the payment should be honored on the stipulated date for the purposes of renewal of the contract.
- (iii) The automatic renewal of this Contract is subject to the absolute discretion of RITSWORLD. The amount mentioned in the Contract Form along with any other document which forms a part of this Contract (“Total Fee”), is the decided fee for the provision of Services and shall not be reviewed at any point except at the discretion of RITSWORLD. By accepting these Terms, the Advertiser confirms to pay the Total Fee on the terms set out therein.
- (iv) Advertiser hereby authorizes that upon the execution of ECS / CCSI MANDATE RITSWORLD is authorized to DEDUCT minimum of 9 months ECS, thereafter Advertiser has the option of terminating the contract. The Advertiser shall only terminate the Contract upon the completion of minimum tenure of 9 months from effective date which can be terminated by giving prior 3 (Three) months written notice (either by email or through registered post) to its bill due date, expressing intentions of discontinuing the Services.
- (v) It is clarified that, irrespective of whether the Advertiser has registered or not registered their entity/ firm’s contact numbers in the “Do Not Call” registry of Telecom Regulatory Authority of India (TRAI), or any other statutory body, upon the signing and acceptance of the Contract, the Advertiser would be deemed to have given their consent and authorized RITSWORLD to share the Advertiser’s details and contact numbers for business and promotional purpose with Users of the Service. Further the Advertiser, by signing and accepting the terms of the Contract, has given his consent to RITSWORLD to contact him for any business promotion of RITSWORLD. The Advertiser confirms that RITSWORLD shall be at liberty to carry out all the obligations undertaken under the Contract. The Advertiser also undertakes to take all such measures as may be necessary to ensure that the Users do not encounter any difficulty in contacting the Advertiser. In the event the Users are unable to contact the Advertiser it would not be deemed to any deficiency in the Services rendered by RITSWORLD. The Advertiser undertakes to comply with all the present and future TRAI regulations or regulations of any other regulatory bodies on subject matter covered under this clause and would ensure that User or RITSWORLD will not face any difficulty in contacting the advertisers or for the purposes of entering into this Contract.
5)INFORMATION DISSEMINATION :
RITSWORLD currently disseminates Information to the Users through different platforms, viz., telephone, internet and Wireless (SMS short code) SMS. RITSWORLD 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.
The Advertiser agrees to pay a non-refundable Fee for the Services, which will be determined by RITSWORLD at the time of entering into this contract. The (“Advertising Fee”) shall be paid by the Advertiser in advance simultaneously with the signing of the Contract.
7)PAYMENT MODES :
- i) RITSWORLD allows the Advertiser to make the remaining payments for the Services, after payment of the Service Fee, i.e., the Total Fee excluding Service Fee (“Subscription Fee”) by way any of the following modes:
- (i) Cheque; (ii) Demand Draft; (iii)RTGS (Real Time Gross Settlement); (iv) ECS (Electronic Clearing Service); and, (v) CCSI (Credit Card Standing Instruction) (vi) NACH (National Automated Clearing House)
- (ii) It is hereby clarified that RITSWORLD does not encourage/prefer that payments be made in cash. Any cash payments made by the Advertiser pursuant to a contract with RITSWORLD, shall be at the sole risk of the Advertiser, without any recourse to RITSWORLD.
- (iii) Payments can be made by the Advertiser either weekly, fortnightly, monthly, quarterly and half-yearly as directed by RITSWORLD. RITSWORLD shall make best efforts to activate the contract within 14 (Fourteen) working days from the date of receipt of the Service Fee into its bank account, for the respective advertising service (subject to delay due to technical malfunctions). However RITSWORLD will not be liable in any manner for any delay in activating the contract of an Advertiser.
- (iv) The Advertiser hereby agrees that it shall make the payment via such mode which is mentioned on the Clause 8 of these Terms. Any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881. The Advertiser shall also be liable to pay interest @18 % per annum during that period.
8)CONSEQUENCES OF NON-PAYMENT OF SERVICE FEE / ECS AMOUNT:
If an advertiser opt the lump sum payment mode while entering into the contract then the tenure of the contract will be equivalent to the amount paid by the advertiser.
9)LUMP SUM PAYMENT MODE:
In the event the Advertiser fails to make any payment, including the Service Fee or the ECS amount, in time and as per the payment plan chosen by him, RITSWORLD may, in its sole discretion, suspend the Advertiser’s account or access to the Service, as the case may be, until necessary payments are made by the Advertiser. Further, the Advertiser agrees and acknowledges that the Advertiser shall be deemed to have waived his rights to the Service and the Advertiser’s listing for the period during which the Service and the Listing is suspended for non-payment. The right of RITSWORLD to suspend the Service and the Listing shall be without prejudice to RITSWORLD’s right to terminate the Contract for any material breach committed by the Advertiser. Advertiser hereby acknowledges that the opted position/listing will be released to other advertisers in the event of non-payment of Service fee or ECS amount without any notice/intimation from RITSWORLD.
10)ISSUANCE OF INVOICE :
- (a) On receipt of the Service Fee and activation of the advertising service thereafter, RITSWORLD will issue an invoice to the Advertiser containing, interalia, the following details: (i) The Total Fee including the fees paid and payable as on the date of the invoice; (ii) The advertising service allotted to the Advertiser; and (iii) Description of the products and services of the Advertiser.
- (b) It is hereby clarified that in the event of a conflict between the information relating to Sub-clauses (I), (ii) and (iii) above, as contained in these Terms and in the Invoice, the provisions of the invoice shall prevail.
- Invoice is valid subject to realization of payment.
11)PRIORITY OF INFORMATION ABOUT ADVERTISERS:
For RITSWORLD, providing Information that is relevant to the User is a priority. The User has to identify the location and category in respect of which he is seeking Information and RITSWORLD will provide such Information (subject to availability of such information) based on such choice. Amongst the Vendors who fall within the parameters identified by the User, Information about Vendors registered with RITSWORLD, that is, the Advertisers is first provided on best effort basis, subject to delays due to any technical malfunction. Priority among Advertisers i.e., determined on the basis of the listing selected by the Advertiser and on the basis of Total Fee to be paid by the Advertiser. Nothing contained in the Contract shall be deemed to restrict or prevent RITSWORLD from providing Users with Information about other Vendors whether in priority to the Advertisers or otherwise, as RITSWORLD may in its sole discretion determine. The Advertiser acknowledges that RITSWORLD 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 Advertiser.
12)GUARANTEE OF BUSINESS:
RITSWORLD does guarantee that enquiries/leads will be generated by it for the Advertiser but does not guarantee the conversion of business for the Advertiser. RITSWORLD will also assure the the enquiries or leads generated through the platform are genuine.
RITSWORLD is not obliged and does not market the offerings of Advertiser and shall not be obliged to recommend Advertiser to the Users. RITSWORLD’s obligation under the Contract is limited to the obligations explicitly set out herein and in no event does RITSWORLD undertake to generate or guarantee Enquiries or business to the Advertiser.
Advertiser shall indemnify and hold harmless RITSWORLD, its affiliates, directors, officers, agents and employees from loss, or damage including attorney’s fee, arising from any claim asserted by any third party including any User due to or arising out of any action or inaction of Advertiser, its employees or agents, including but not limited to, intellectual property claims, any claims pertaining to incorrect or false information about the Advertiser that was provided to RITSWORLD and any claims including but not limited to the quality or usefulness of the products or services of the Advertiser.
15)CONFIDENTIALITY AND RELATED OBLIGATIONS:
The Advertiser shall keep any information regarding the Users of the Service (“User Information”) confidential both, during the subsistence of this Contract and after its termination. The Advertiser shall not, without the prior written consent of RITSWORLD, transfer (whether for consideration or otherwise) User Information to any third party for any reason whatsoever. The Advertiser is specifically prohibited from using the User Information for purposes of seeking any commercial gain out of said User Information. In the event RITSWORLD is made aware of any such practice of the Advertiser in violation of the terms of this Contract, RITSWORLD shall be entitled to terminate the Contract as well as initiate such legal proceedings against the Advertiser, as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable law.
- (a) Advertiser represents and warrants that (i) it is a bona fide business organization carrying on business in relation to the items disclosed to RITSWORLD; (ii) it has the rights to use the trademarks; (iii) the business carried on by Advertiser does not violate or infringe upon any law or regulation and all registrations, authorizations and /permission necessary approvals required for carrying on business have been procured by it; and (iv) all information provided about itself (Advertiser) to RITSWORLD, is and shall at all times be accurate, valid and complete; (v) it would be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by the Advertiser to RITSWORLD) to RITSWORLD.(vi) Advertiser shall not have right to terminate the contract upto 9 months from the date of activation of the contract. For the purpose of clarity it is agreed between the parties that RITSWORLD will not be liable to refund any ECS amount which has been deducted during the validity of the agreement.
- (b) Additional Covenants (i) The Advertiser acknowledges and accepts that any grievance as to the Services will be entertained only as long as the Contract remains in force and that RITSWORLD will not entertain such grievances post-expiry or termination of the Contract; (ii) Advertiser accepts that it is responsible to cross verify and ensure filling up of all the Advertiser details including but not limited to the contact information, information pertaining to its products/services provided by the Advertiser and keep RITSWORLD updated in this regard. Further the advertiser shall ensure that contract Form will be free from any handwritten notes or overwriting. In the event the relevant information form is not filled completely or accurately, the Advertiser would, by default, be bound by the explanation or description of the product/service or any other details of the Advertiser communicated by RITSWORLD to the Users or any other third party; (iii) Advertiser hereby agrees to keep proper receipts, invoices and details for the transactions entered into by it (Advertiser) and the User; (iv) The Advertiser undertakes to provide a copy of the licenses/ registrations or any other documents including but not limited to valid Identity proofs such as ration card, adhar card, pan card, passport, voter id card and residential proofs such as electricity bill, telephone bill, bank passbook etc, as required by it (Advertiser) to run the business. The Advertiser acknowledges that any breach of the covenants set forth herein may cause delay in activation, non-activation or termination of the Contract by RITSWORLD, at its sole discretion. Advertiser further acknowledges that Advertiser shall not be entitled for any refund, compensation, damages, expenses, interest arising of out of business loss, claims, actions, inconvenience suffered by Advertiser from delay in activation of services , non-activation of services or termination of the contract due to their (Advertiser’s) fault of not providing documents, delay in providing the relevant documents or providing incomplete documents to RITSWORLD. It is further acknowledged by an Advertiser that RITSWORLD will be at no obligation to followup with Advertiser for the documents as mentioned herein and it will be Advertiser’s sole responsibility including but not limited to share all the relevant documents confirming their identity, address and business registration details with RITSWORLD. (v) Advertiser hereby agrees and undertakes that during the term of this Agreement and after its termination of this Agreement (for any reason), it will not directly or indirectly forward leads/enquiries to any third party, mis-utilize, cheat, solicit, or usurp or attempt to solicit, divert or take away any of RITSWORLD’s enquiries/leads. Any such conduct by Advertiser will lead to a termination of the contract and RITSWORLD at its discretion will initiate proceedings against advertiser before appropriate forum. (vi) Advertiser hereby agrees and confirms that during the term of this Agreement and after its termination (for any reason), Advertiser will not directly or indirectly either for itself or for any other commercial enterprise, solicit, divert, hire or attempt to solicit, divert or usurp, any of RITSWORLD’s employees, business or prospective users/callers. Advertiser shall not advertise or perform any solicitation, including but not limited to solicitation of users to use the services of Advertiser directly or promoting its services by any means whereby user are motivated to not to use the RITSWORLD website/services or to use the Advertiser website/services directly. Any conduct by Advertiser that in RITSWORLD’s discretion restricts or inhibits any other user/customer from using or enjoying the RITSWORLD services will not be permitted. During the term of this Agreement and for 5 (five) years after any termination of this Agreement, Advertiser will not directly or indirectly, in any capacity:- (a) solicit any users of RITSWORLD by means of providing discounts, gift coupons etc in the event users uses the website of Advertiser directly. (b) divert, entice, or otherwise take away from RITSWORLD the business of any user/customer, or attempt to do so, or (c) solicit or induce any user/customer to divert or reduce its relationship with the RITSWORLD.
17)DISCLAIMER AND LIMITATION OF LIABILITY:
To the fullest extent permitted by law, RITSWORLD 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, RITSWORLD disclaims all guarantees regarding accurate of the Advertiser. Advertiser understands that there may be errors in such positioning. Neither RITSWORLD nor the Advertiser 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 Advertiser’s indemnification obligation. RITSWORLD’s aggregate liability to the Advertiser is limited to amounts paid to RITSWORLD by Advertiser during the 12 (twelve) months immediately preceding the date of the claim. RITSWORLD is also not liable for any claim owing to any misrepresentation of the information pertaining to the Advertiser so long as the information exhibited/ communicated by RITSWORLD conforms to the Information made available by the Advertiser or its authorized representative.
- (a) Advertiser confirms that it will be solely responsible and liable for allmatters between User and the Advertiser , including but not limited to transactions entered into between such User and the Advertiser. Further, it is hereby declared that RITSWORLD does not verify the identity of the User of the Service and that the information provided to Advertisers is the information received from the User and will not be independently verified by RITSWORLD.
- (b) In the event of receipt of multiple complaints from the Users regarding the Advertiser or Advertiser’s product/service, RITSWORLD reserves the right to discontinue the provision of Service to the Advertiser or take any other action as deemed appropriate. Notwithstanding anything to the contrary contained in this Contract, RITSWORLD may also forfeit the amount lying to the credit of such Advertiser and terminate the Contract at its sole discretion.
- (c) Advertiser also agrees that at no time shall RITSWORLD vouch for or guarantee the performance of services or delivery of products by the Advertiser and RITSWORLD will not be liable for any non-payment of amounts due to the Advertiser by any User.
- (a) The Advertiser may only terminate the Contract, by giving 3 (three) months written notice (either by email or through registered post), prior to the automatic renewal of the same, stating his intentions of discontinuing the Services.
- (b) RITSWORLD reserves the right to terminate the Contract at any time, either with or without cause. If the Advertiser commits a breach of a material duty owed to RITSWORLD, RITSWORLD may, at its discretion, call upon the Advertiser to rectify the breach within 21 (twenty one) days of the receipt of notice, failing which RITSWORLD may terminate the relationship between Advertiser and RITSWORLD.
- (c) Upon termination of the Contract, RITSWORLD will not be bound to delist the Advertiser as a Vendor and cease disseminating Information of the Advertiser to the Users. However upon termination, RITSWORLD shall have the right to delist the Advertiser without prior intimation thereof to the Advertiser.
- (d) In case of technical difficulties in continuing the contract, RITSWORLD reserves the right to terminate the contract by giving written/oral intimation to the advertiser.
- (e) Upon termination of the Contract, either by efflux of time or by determination under this Contract, the balance of the deposit placed by the Advertiser with RITSWORLD, if any, (after deducting payments for the period/tenure for which Services have already been provided by RITSWORLD) shall be retained by RITSWORLD. Under no circumstances, shall the Advertiser be entitled to claim a refund of amounts already paid to RITSWORLD.
Notices shall be sent by email or facsimile to the facsimile number/ email addressed notified by RITSWORLD/Advertiser from time to time in writing and shall be followed by notice by registered post and dispatched through a reputed courier. Any notice refused by an Advertiser would be deemed to have been legally delivered and Advertiser will be deemed to have notice of the contents of such notice.
21)MODIFICATIONS TO TERMS OF SERVICE:
RITSWORLD reserves the right to change the terms of the Contract or the Terms of Service at any time without any prior notice to the Advertiser. Changes to the terms of the Contract 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 RITSWORLD.
RITSWORLD is entitled to charge the Advertiser for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services and advertising fees (including bids arising out of Advertiser's relationship with RITSWORLD) and Advertiser hereby agrees to pay the said taxes and charges promptly without raising any objections. Advertiser also agrees that in the event the said taxes and charges are not charged by RITSWORLD the same shall be paid by the Advertiser directly to the authorities concerned without raising any objection. The Advertiser further agrees that the taxes and charges payable under this Clause is in addition to the fee paid by the Advertiser for the advertising Services rendered by RITSWORLD. i) All TDS deductions, form no. 16A should be sent at [email protected] ii) Advertisers fall in category of Advertisement Services under section 194C of Income Tax Act, wherein maximum TDS rate is mentioned as 2%. iii) 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 GST.
- (a) RITSWORLD's interpretation of the Contract shall be final and binding on Advertiser.
- (b) Advertiser agrees that no joint venture, partnership, employment, or agency exists between Advertiser and RITSWORLD and that the Advertiser is not entitled to bind RITSWORLD by its actions.
- (c) RITSWORLD is subject to existing laws and legal process and nothing contained in the Contract is in derogation of RITSWORLD's right and obligation to comply with the law.
- (d) If any clause or part thereof of the Contract 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 Contract shall continue in effect. Such revision to the Contract will be deemed to have been in effect from the Effective Date.
- (e) Advertiser may not assign any rights or obligations against RITSWORLD without RITSWORLD's prior written consent. RITSWORLD reserves the right to transfer any right or obligation against Advertiser by issuance of notice of such assignment to the Advertiser. Upon such assignment, the assignee shall be bound by the Contract in the same manner as RITSWORLD and RITSWORLD shall cease to have any liability to Advertiser. However, the Parties agree that RITSWORLD has an unfettered right to assign the Contract and the Advertiser is only entitled to a notice of such assignment. The Parties further agree that assignment of the Contract by RITSWORLD will not be subject to Advertiser’s consent.
- (f) RITSWORLD shall not be responsible for any delay or deficiency due to any force majeure events such natural disasters, acts of terrorism, civil labor strife, labor and transportation strikes. During a force majeure event, the obligations of RITSWORLD under the Contract will stand suspended.
- (g) Nothing in the Contract obliges or will be deemed to oblige RITSWORLD to provide any credit to the Advertiser.
- (h) Advertisers agrees that RITSWORLD 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.
All disputes, differences and/or claims arising out of the Contract 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 RITSWORLD. The Advertiser shall not challenge the nomination of Arbitrator or his award on the ground that the nomination is made by authorized representative/ Director of RITSWORLD. The arbitration proceedings shall be held at Bangalore and the arbitration shall be conducted in English Language. The award of the Arbitration shall be final and binding on the Advertiser and RITSWORLD. The arbitrator will pass a written and reasoned award and will be entitled to award cost of the proceedings.
These Terms, including any Annexures, along with the Contract Form 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 Contract between the Parties relating to the subject matter hereof.
26)AMENDMENTS AND WAIVERS:
No waiver by any Party of any term or condition of the Contract, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of the Contract on any future occasion.
The contract is executed in duplicate and the advertiser has retained a carbon copy of this contract, both copies constitute one and the same contract.