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Terms of Use

Terms Of Use For Information Dissemination

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 Just Dial’s service via Just Dial Portal. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.

YOUR ACCEPTANCE OF THIS AGREEMENT:北京28 This is an agreement between you ("you" or "your") and Just Dial Limited, a company incorporated under the Companies Act 1956 with its registered office at Building M, 501-B, Palm Court Complex, Besides Goregaon Sports Club, New Link Road, Malad (W), Mumbai 400 064 ("Just Dial" "we," or "our") that governs your use of the search services offered by Just Dial through its website sennevent.com ("Website"), telephone search, SMS, WAP or any other medium using which Just Dial may provide the search services (collectively "Platforms" ). When you access or use any of the Platforms you agree to be bound by these Terms and Conditions ("Terms").

CHANGES: We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.

HOW YOU MAY USE OUR MATERIALS:北京28 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, Just Dial 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 Just Dial.. 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 Just Dial, its subsidiaries, parent companies, and/or any third party owner of such rights.

HOW YOU MAY USE OUR MARKS: The Just Dial 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 Just Dial 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 Just Dial name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Just Dial. Requests for authorization should be made to

HOW WE MAY USE INFORMATION YOU PROVIDE TO US:北京28 Do not send us any confidential or proprietary information. Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and nonproprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.

REVIEWS, RATINGS & COMMENTS BY USERS:

Since, Just Dial 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 Just Dial services and also about the Advertiser's listed at Just Dial 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 Just Dial and any materials you add to the Site or add to any mediums offered by Just Dial, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you(the "Communications"). Just Dial does not endorse or accept any of your Communication as representative of their (Just Dial) views. By transmitting any public Communication to the Site, you grant Just Dial 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 Just Dial . You hereby waive and grant to Just Dial all rights including intellectual property rights and also "moral rights" in your Communications, posted at Just Dial through any of mediums of Just Dial. Just Dial 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 Just Dial reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.

Just Dial has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. Just Dial cannot review all Communications made on and through any of the mediums of Just Dial. However, Just Dial reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which Just Dial in its sole discretion deems inappropriate, offensive or contrary to any Just Dial policy, or that violate this terms:

北京28Just Dial reserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which

  1. is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
  2. constitutes or contains false or misleading indications of origin or statements of fact;
  3. slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
  4. causes injury of any kind to any person or entity;
  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. violates any applicable laws, rules, or regulations;
  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;
  8. impersonates another person or entity, or that collects or uses any information about Site visitors.

北京28It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then Just Dial reserves right to take appropriate legal action against you. Further, you shall indemnify and protect Just Dial against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments Just Dial takes no responsibility and assumes no liability for any content posted by you or any third party on Just Dial site or on any mediums of Just Dial.

北京28You 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 Just Dial.

PRIVACY POLICY:

Just Dial is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the Website. To read our privacy policy statement regarding such personal information please refer PRIVACY POLICY

CONTENT DISCLAIMER:

Just Dial 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 Just Dial 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.

北京28All 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 .

北京28Just Dial 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.

北京28All rights, title and interest including trademarks and copyrights in respect of the domain name and Platforms content hosted on the Platforms are reserved with Just Dial. 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 Just Dial or its affiliates. Just Dial 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 Just Dial.

Just Dial 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 Just Dial will at no point of time be responsible for the accuracy or correctness of such information. Just Dial 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).

Just Dial 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.

北京28While every attempt has been made to ascertain the authenticity of the content in the Platforms, Just Dial is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses etc.

WARRANTY DISCLAIMER:

北京28Please remember that any provider of goods or services is entitled to register with Just Dial. Just Dial 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. Just Dial 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.

北京28Any use of the Platforms, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. Just Dial 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. JUST DIAL DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND MATERIALS. JUST DIAL DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

JUST DIAL 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 "Just Dial/JD Verified stamp, JD Trusted Stamp", "Just Dial GUARANTEE" and "Just Dial’s Right"

北京28"Just Dial/JD 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 Just Dial. 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.

北京28"JD 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. “JD Trusted Stamp” are also allocated to the vendor’s/service providers considering user’s reviews/ratings or any other criteria.

Just Dial strongly recommends to its users/callers to verify all relevant details of vendors/services prior to availing any products/services from them. Just Dial does not implicitly or explicitly endorse any product/s or services provided by the vendors/service providers.

The "Just Dial Guarantee" and "Just Dial’s Right" is a limited assurance offered by Just Dial that the name and contact information of the advertiser and the category in which the advertiser is listed by Just Dial, have been verified as existing and correct at the time of the advertiser's application to register with Just Dial. Just Dial 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.

ADDITIONAL DISCLAIMER:

Users using any of Just Dial service across the following mediums ie. through internet ie sennevent.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 Just Dial.

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 Just Dial does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with Just Dial .Further, Just Dial is not at all responsible for any act of Advertiser/s listed at Just Dial.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL JUST DIAL 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 JUST DIAL 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. JUST DIAL DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE PLATFORMS.

THE USER OF THE PLATFORMS ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PLATFORMS AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

THIRD PARTY SITES:

Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through the Platforms, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Platforms. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, authenticity, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the use of the Platforms . We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Platforms.

MONITORING OF MATERIALS TRANSMITTED BY YOU: Changes may be periodically incorporated into the Platforms. Just Dial 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 Just Dial 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. Just Dial 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: Just Dial 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. Just Dial 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 Just Dial, may be, defamatory, infringing or violate of applicable law. Just Dial reserves the right to exclude Material from the Platforms. Materials submitted to Just Dial for publication on the Platforms may be edited for length, clarity and/or consistency with Just Dial's editorial standards.

INDEMNIFICATION:

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

MISCELLANEOUS:

These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and Just Dial. Just Dial 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. Just Dial 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: Just Dial Limited, Building M, 501-B, Palm Court Complex, Besides Goregaon Sports Club, New Link Road, Malad(w), Mumbai 400 064.

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 Mumbai, 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 email to us at ""北京28 or call on our hotline No. 8888888888.

Disclaimer北京28: "Just Dial Limited is proposing, subject to receipt of requisite approvals, market conditions and other considerations, to make an initial public offering of its equity shares and has filed a Draft Red Herring Prospectus ("DRHP") with the Securities and Exchange Board of India ("SEBI"). The DRHP is available on the website of SEBI at and the respective websites of the Book Running Lead Managers at and . Potential investors should note that investment in equity shares involves a high degree of risk and for details relating to the same, see the section entitled "Risk Factors" in the offer document. The equity shares of Just Dial Limited have not been and will not be registered under the U.S. Securities Act 1933, as amended ("U.S. Securities Act") or any state securities laws in the United States and may not be offered or sold in the United States absent registration or an exemption from registration under the U.S. Securities Act. This announcement has been prepared for publication in India and may not be released in the United States. This announcement does not constitute an offer for sale of securities in any jurisdiction, including the United States. Just Dial Limited does not intend to register any portion of the offering in the United States or to conduct a public offering of equity shares or any other securities in the United States."

Terms Of Use For Search Plus Services

YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between You ("you”,” your" or “user”) and Just Dial Limited. ("JustDial" "we," or "our") that governs your use of the search, booking/request services or any other services offered by JustDial through its website sennevent.com ("Website"), telephone search, SMS, WAP or any other medium (collectively "portal" ). Use of the portal is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Just Dial at its sole discretion and posted on the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE PORTAL INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS OF JUST DIAL AND SELLER, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING:

1) Membership Eligibility

Use of the Portal is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Just Dial portal and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Just Dial reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Just Dial’s notice or if it is discovered that you are under the age of 18 years.

Subject to compliance with the Terms of Use, Just Dial grants You a non-exclusive, limited privilege to access and use the portals and the Services provided therein.

2) Your Account and Responsibility

If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

3) Transaction at Just Dial Portal

i) Just Dial portal facilitates Seller and Users to interact with each other for the purposes of commercial/contractual transactions. In this transaction Just Dial is acting as an intermediary, by creating a bridge between Seller and Users of Just Dial enabling users to place orders/bookings/request through various portals.

ii) All commercial/contractual terms are offered by and agreed to between You and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Just Dial does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the User and Seller.

北京28iii) Just Dial does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Portal. Just Dial does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Just Dial accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

iv) Just Dial is not responsible for any non-performance or breach of any contract entered into between You and Sellers. Just Dial cannot and does not guarantee that the concerned Sellers and/or You will perform any transaction concluded on the Just Dial portal. Just Dial shall not and is not required to mediate or resolve any dispute or disagreement between Seller and You.

v) Just Dial does not at any point of time during any transaction between Seller and You on the Portal come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to You.

北京28vi) Just Dial through its platform is acting as an intermediary between You and Seller by facilitating the online ‘Search Plus’ Services’ for the users. These Search Plus Services are aimed at making several day to day tasks conveniently actionable and accessible to the users.

vii) Just Dial is only providing a platform for the purposes of transaction and communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between You and Seller.

北京28viii) At no time shall Just Dial hold any right, title or interest over the products nor shall Just Dial have any obligations or liabilities in respect of any transaction between You and Seller. Just Dial 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.

北京28ix) Prices mentioned on the Just Dial portal are subject to change. You are hereby advised to check with Seller for the final price, availability of the product and shipping charges (if applicable)

x) Pricing on any product(s) as is reflected on the portal may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).

北京28xi) If the calculation of pricing of any product is insufficient to cover the actual cost of products/services which is paid by the Seller to its wholesaler/supplier, then the Seller is not obligated to fulfill the transaction placed by you. Where the Seller chooses not to absorb the additional fee, Seller will notify you that the calculations are different from real costs and may offer you the option of paying the difference and going ahead with the transactions placed by you. You may choose to proceed and pay the higher delivery fee or cancel the transaction placed at Just Dial portal.

4) Mode of payment

ii) User may choose to make the payment for the Services/Products through their valid credit / debit and/ or any other cards including e-wallets, online banking facility to make payment against any transaction being effected at the portal. User shall be bound to use his/her own credit / debit and/ or any other payment cards, online banking accounts to make any payment. Just Dial shall not be liable and responsible for any credit/debit or any other card frauds, misuse of User’s card or any unauthorized payment transactions which has been processed by User’s Bank / third party payment processor.

北京28iii) User accepts and acknowledges that payment processing portal is hosted by a third party payment processor and usage of such payment processing portal shall be subject to such additional terms and conditions which such third party payment processor may prescribe from time to time. Just Dial will not process, store or transmit credit/debit or any other card related information or any banking related information at its portal.

北京28iv) In such event, it is Just Dial’s policy is to redirect User to a payment processing portal hosted by a third party payment processor.

v) Just Dial will take adequate encryption and security measures to maintain the data secured generated via portal and it shall maintain high standards in relation to providing secure services to Users using Just Dial portal.

5) Charges

北京28Membership on the Website is free for You. Just Dial does not charge any fee for browsing and buying from any of its portals however, we reserve our right to charge the fee and/ or change fee policy as may be applicable from time to time.

6) Returns or Refunds

If at any time you are not satisfied with the quality of the products you have purchased, you may call customer care number 8888888888 of JustDial wherein your complaint will be noted and will be forwarded to the respective supplier for its resolution or you can complain to the seller directly and may claim for a credit, replacement or refund of the purchased damaged or incorrect product. Further, you hereby confirm and agree that you will not any right to claim or allege anything against Just Dial in respect of the products/services which are provided to you by the Seller.

7) Cancellation and Modification

Cancellation or modification of any Order made through JustDial shall be strictly in accordance with the respective Seller’s cancellation policy, including with respect to refund. You may directly contact the respective Seller and/or Just Dial customer care 8888888888 for processing any requests pertaining to cancellation or modification of Orders. The cancellation and modification request made by you to Just Dial customer support will be forwarded to respective Seller for the resolution.

8) Content disclaimer

We have no control over and are not responsible for the content of any third-party websites linked to or framed within the Website, or any third-party advertisements and we expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Website should not be construed as an endorsement, approval or recommendation by us of the linked website or its content. We are not responsible for the content or privacy practices associated with linked websites. When viewing a third party website, you should read the terms, conditions and privacy statements detailed on that website. Your use of or reliance upon such third-party websites is at your own risk.

北京28We derive our information from sources which we believe to be accurate and up to date at the time of publication. All information provided on the Website is provided in good faith. We do not make any representation or warranty that the information provided is timely, reliable, accurate or complete, and will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Website, or for any incorrect information provided on the Website.

北京28JustDial reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the portal. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.

北京28All those sections in the portal that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and JustDial will at no point of time be responsible for the accuracy or correctness of such information. JustDial reserves the absolute right to accept/reject information from readers and/or users and impose portal access rules and regulations for any user(s).

北京28While every attempt has been made to ascertain the authenticity of the content in the portal, JustDial is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the portal including but not limited to any decisions based on content in the portal resulting in loss of data, revenue, profits, property, infection by viruses etc.

9) Warranty Disclaimer:

北京28Any provider of products or services is entitled to register with JustDial. JustDial provides the goods/services related information on its portal which has been provided/shared by sellers. Before availing any products/services you must satisfy yourself about all relevant aspects prior to placing an order for goods or services or before entering into any transaction. JustDial has also not negotiated or discussed any terms of engagement with any of the seller. Booking, purchasing and availing goods and services from sellers shall be at your own risk.

We do not represent the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the portal.

北京28References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the portal.

北京28THE MATERIAL/INFORMATION/SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT UNLESS OTHERWISE AGREED BY JUST DIAL IN WRITING. JUSTDIAL DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PORTAL AND MATERIALS. JUSTDIAL DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

JUSTDIAL DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, PRODUCTS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PORTAL SUBJECT TO APPLICABLE LAW.

10) Disclaimer for "Justdial GUARANTEE" and "Just Right"

The "Justdial Guarantee" and "Just Right" is a limited assurance offered by JustDial that the name and contact information of the seller and the product/service category in which the seller is listed by JustDial, have been verified as existing and correct at the time of the receipt of the Seller’s application to register with JustDial. JustDial makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the seller, or the quality, quantity, merchantability or fitness for use of the products or services offered by the seller.

11) Additional Disclaimer:

Users (You) using any of Just Dial service across the following portal i.e. through internet Website (sennevent.com), WAP, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before You (Users) rely, act upon, make any bookings or enter into any transaction with the Seller listed with Just Dial.

All the users are cautioned that all and any information/products or services of whatsoever nature provided or received from the Seller is taken in good faith, without least suspecting the bonafide of the Seller and Just Dial does not confirm, does not acknowledge, or subscribe to the claims and representation made by the seller listed with Just Dial. Further, Just Dial is not at all responsible for any act of Seller listed at Just Dial or any claims arising owing to or pursuant to such acts of the Seller.

12) IPR Infringement

If you notice that any Intellectual Property right has been violated by any of our sellers, you may follow the process as may specified under the infringement policy.

13) Unlawful Activity

北京28We reserve the right (at our discretion) to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your registration data, usage history, posted materials, IP addresses and traffic information etc.

14) Risk and Title

Risk in the products/services passes to you upon delivery of the products/services to the delivery address by the Seller. JustDial does not have any liability and you shall have no claim against Just Dial, for any loss or damage that the products/services provided to you may have suffered during transit.

15) Indemnity 

You agree to indemnify, defend and hold harmless Just Dial including but not limited to its affiliate sellers, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Just Dial that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold Just Dial harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

北京28In no event shall Just Dial, its officers, directors, employees, partners or suppliers be liable to You, the seller or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Just Dial has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.

16) Limitation of liability:

You acknowledge that JustDial is an "as is site" and that JustDial is not making and has not made any warranty or representation as to suitability, merchantability, quality of the products/services which will be supplied or delivered by its Seller for any particular purpose. You agree that in using JustDial, You are not relying on any statement or representation made by JustDial which is not expressly contained in this Agreement.

IN NO EVENT SHALL JUSTDIAL BE LIABLE TO YOU ON ACCOUNT OF YOUR BOOKING, USE, MISUSE OR RELIANCE ON THE PORTAL: FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF JUSTDIAL is AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PORTAL, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PORTAL. JUSTDIAL DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PORTAL OR OTHER MATERIAL ACCESSIBLE FROM THE PORTAL.

北京28YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PORTAL AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY.

Notwithstanding anything to contrary, Just Dial's entire liability to You under this Terms of Use or otherwise shall be the refund of the money charged from You for any specific product or service, under which the liability arises.

北京28The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

17) Changes:

We may periodically change the Terms and the Website without notice, and you are responsible for checking these Terms periodically for any revisions. All amended Terms become effective upon our posting to the Website, and any use of the Website after such revisions have been posted signifies your consent to the changes. If any such change or modification is unacceptable to you, please refrain from using the services offered by the Website. If following any such change or modification you continue to use the Website or content, you will be deemed to have accepted those changes or modifications and no specific consent will be required.

18) Privacy Policy:

JustDial is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the Website. To read our privacy policy statement regarding such personal information please refer PRIVACY POLICY.

You hereby confirm and acknowledge that the contact details, age and other details provided by you to JustDial are accurate and can be used and forwarded by JustDial to the Seller for which the call or enquiry has been made by you to Just Dial.

19) General Instructions

Seller’s listed at Just Dial portal who have processed and delivered your ordered products/services are solely responsible for quality, delivery and billing of the goods/services. JustDial only acts as a channel between you and the Seller.

We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the portal or its content for any particular purpose.

We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Website, or the Website’s inability to meet your needs.

We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the portal, which is beyond our control. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Website or any linked website.

20) Force Majeure

北京28Just Dial and its registered Sellers will be not be liable for breach of these Terms to the extent caused by or arising from prohibition, or restriction by law, or regulation or any government, fire, flood, storms, weather, strike, lock-out or other labour problems, accident, riots, acts of God or any other events which is beyond its control.

21) Arbitration:

北京28In the event a dispute arises between you and JustDial as per these Terms, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 90 days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Mumbai. The arbitration shall be conducted by a sole arbitrator appointed by Just Dial. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.

22) Governing Law and Jurisdiction:

These Terms shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.

23) Provisions are severable.

Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.

Please exit sennevent.com Website, if you don't agree to these Terms,

If you have any questions or concerns about this Agreement please contact us - 8888888888北京28 for more information.

TERMS OF SERVICE (JD PAY Receiver)

JD PAY TERMS OF SERVICE北京28 are a legally binding agreement between Merchant (hereinafter referred to as “You”), and Just Dial Limited (hereinafter referred to as "Just Dial"), and apply to your use of JD PAY Services. Just Dial offers a payment service solution that allows users to make a payment for goods or services.

北京28 It is important that you read and understand these Terms as they govern your use of the JD 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 JD 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 JD PAY Services.

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

北京28 By clicking on the “I AGREE” button or a similar affirmation, or by acknowledging acceptance of the Agreement by any other method allowed by Just Dial, or by using or accessing the JD 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 JD 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 JD PAY Services.

1. DEFINITIONS:

  1. JD Pay Services: Just Dial provides JD 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 Just Dial from time to time.
  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.
  3. Customer: shall mean person who is intending to purchase goods and services and willing to make the online payment to Merchant.
  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.
  5. Services: means JD Pay services provided by Services Provider to Merchant under the terms of this Agreement.
  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 JD Pay Services.
  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.
  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.
  9. Financial Institution Partners Services: shall mean the payment gateway system and services provided by the Acquiring Banks such as to (i) route internet based Valid Card transactions; (ii) offer various facilities through the internet, including Net Banking facilities; (iii) provide Authentication and Authorization from Card Associations or other third party clearing houses; and (iv) provide settlement facilities in respect of payment instructions initiated by the customers.
  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.
  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
  12. Merchant Bank Account: shall mean the bank account maintained and nominated by you for settlement of your Settlement Amount.
  13. Settlement Amount: shall mean Customer Charge minus the TDR and any other charges/fees payable by you to Just Dial under this Agreement.
  14. Chargeback: shall mean reversal of the value of the Customer Charge with respect to any Transaction, inter alia, on account of (i) alleged forgery of the card number /bank account or other details (ii) any charge/debit made on a card that has been listed as a hot listed card or otherwise listed on the Card association warning bulletins (iii) duplicate processing of the transaction; or (iv) for other reasons as per applicable rules and guidelines issued by RBI, Card Associations, Acquiring Banks and Issuing Institutions. In addition, it shall include any debit to Just Dial bank account to recover the value of the Customer Charge in the event that you have insufficient funds and/or you fail to pay for the same.
  15. Proof of Delivery: shall mean sufficient legitimate records evidencing Delivery of the Product to the Customer.

2. INTRODUCTION

  1. Just Dial offers a JD Pay Services that, amongst other things, allows users (i) to make a payment via payment gateway links which shall be sent on their email/sms; (ii) scan QR Codes placed on invoices, web pages, emails, posters or other media produced by the Merchant to enable the Users to quickly and easily (i) register with and/or log in to the Merchant's website; and/or (ii) make payments to the Merchant.
  2. The Merchant for the purposes of JD pay services is required to register with Just Dial 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 Just Dial. By clicking on the check box Merchant agrees that it has read and understood this Terms of Service.

3. SCOPE OF SERVICES:

  1. The Merchant is desirous of availing JD Pay Services in order to accept the payments online from Customers for Services / Products purchased by them (Customers) from the Merchant or its agents.
  2. Just Dial hereby grants Merchant a right to access and use the JD Pay Services and to utilize systems, and/or communication links furnished by Just Dial in accordance with this Terms of Service and any other implementation and use requirements provided to Merchant by Just Dial from time-to-time.
  3. Merchant shall not misuse, rent, lease, assign, or otherwise transfer the JD 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 JD Pay services/System. All rights, title and interest to the JD Pay services are owned exclusively by Just Dial.
  4. Just Dial shall perform the Services with reasonable skill and care.

4. ELIGIBILITY :

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

  1. You are 18 (eighteen) years of age or older;
  2. You are Indian citizen, a legal resident of India or a business entity, authorized to conduct business in India;
  3. You are not 'incompetent to contract' within the meaning of the Indian Contract Act, 1972; and
  4. You are entering into and performing this Agreement, as per applicable law and are not a person debarred from using the JD Pay Service under the laws of India or other applicable laws.
  5. JD Pay Service can only be used in India. You acknowledge that Just Dial Services may be subject to export restrictions imposed by the laws, rules, regulations, and guidelines in force in India.

5. OUR RELATIONSHIP WITH MERCHANT :

  1. Just Dial facilitates individuals and legal entities in accepting payments initiated by their customers on their website or mobile application directed to the Just Dial Site or through Just Dial’s IVR System, using Valid Cards, Net Banking and various other acceptable modes of Payment Mechanism provided by Just Dial.
  2. JD Pay is a software application. Just Dial will act as an intermediary, by creating a link between the Merchant and the respective Financial Institution by means of the Software Application and Just Dial site, for enabling the Customers to make payment for the Transactions carried, using JD Pay Service. In order to serve in this role, we have entered into agreements with Financial Institution and other software providers who are in the business of providing information technology services, including but not limited to, internet based electronic commerce, internet payment gateway and electronic software distribution services, to enable use of internet payment gateways developed by them, to (i) route internet based Valid Card Transactions; (ii) offer various facilities through the internet, including net banking facilities; (iii) provide Authorization from Card Associations or other third party clearing houses; and (iv) provide settlement facilities in respect of payment instructions initiated by the Buyers.
  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.
  4. The relationship between Just Dial 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. Just Dial has no connection or interest of whatsoever nature in your business or the Products offered/ marketed on the Merchant Site. Just Dial shall provide JD Pay Services to you, as an independent entity and under the terms and conditions of this Agreement. Just Dial 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 Just Dial nor the Financial Institution or anybody connected to Just Dial or Financial Institution shall have any responsibility or liability towards the Customers and you shall keep Just Dial and Financial Institution fully indemnified for all times to come in this respect.
  6. Just Dial 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 Just Dial.

6. OBLIGATIONS OF JUST DIAL:

  1. In providing the Services, the Just Dial 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 Just Dial Provider. It is the responsibility of the Merchant and not the Just Dial to resolve any dispute or claim raised by Customers/Users relating to the purchase or sale of goods or services from the Merchant.
  2. In case of an unauthorized Refund or a Refund that was incorrectly executed due to an error by Just Dial, Just Dial shall at the Merchant's request immediately credit to the Merchant Account the refunded amount including all related Service Fees deducted therefrom. The Just Dial 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 Just Dial 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 Just Dial’s attention within 24 (Twenty Four) Hours from the time/date of the transaction.
  3. Just Dial is obligated to perform only those duties expressly described in this Agreement. Just Dial 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.
  4. Just Dial shall maintain daily transaction record for accounting purpose and data and information generated/maintained by Just Dial under this agreement shall prevail and be binding on the parties.
  5. Just Dial hereby agrees that the payment identification number generated by Just Dial shall be the proof of payment made by Just Dial to Merchant.

7. OBLIGATION OF THE MERCHANT

  1. Merchant shall be responsible for working with the Just Dial development team to make sure JD Pay Services are available subject to pre notified downtime of the system.
  2. Merchant will designate an Account to which all amounts due pursuant to JD Pay Services will be credited as per its terms and Conditions. Merchant shall be responsible for providing its accurate bank details to Just Dial. Just Dial shall not credit amounts due pursuant to JD Pay Services to the Merchant’s Account, until or unless Merchant shall not settle all disputes relating to payment or chargeback etc..
  3. Merchant hereby expressly authorizes Just dial to initiate credit entries to Merchant’s Account for payment of amounts due to Merchant as per record and entries available with Just Dial, and to debit Merchant’s Account (for commission, payment gateway charges or any other charges) from time to time.
  4. Merchant hereby confirms to provide relevant information to Just Dial and to comply with applicable laws and industry rules or standards or as otherwise reasonably necessary to receive JD Pay services from Just Dial. m Merchant shall be required to submit the KYC documents as sought by the Just Dial from time to time or in compliance to statutory obligation for the purposes of availing services under this agreement.
  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 Just Dial upon request.
  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 Just Dial 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, Just Dial 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. Merchant acknowledges that with respect to Transactions, Just Dial will be acting as the payment facilitator to the Merchant.
  8. Merchant for any support or disputes can email at , with brief details of the support required or call on our hotline No. 8888888888.
  9. Merchant shall not cause to be done any act/representation/omissions which results to loss of goodwill and damage to the reputation of Just Dial and vice versa.
  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 Just Dial to be in breach of any such applicable law. If Merchant breaches the obligations, it shall indemnify Just Dial against any costs claims and liabilities arising as a result of the breach.
  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/Just dial. 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 Just Dial, from any loss as may be caused to it.
  12. Merchant shall provide such assistance for the prevention and detection of fraud in respect of any transaction as Just Dial may from time to time request.
  13. In the transaction between the Merchant and the Customers, Just Dial shall not be responsible for any defect in goods/services sold/provided by the Merchant. Just Dial 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 Just Dial to be a party to any such dispute except where the dispute between Just Dial and the Customer has arisen by the acts and omission of Just Dial.
  14. Merchant agrees that it shall provide to Just Dial the Customer Data relating to the Customers as defined under this agreement.
  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;
  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 Just Dial
  17. The Merchant shall only accept payments and submit data to Just Dial in respect of Transactions which Customers/Users have authorized in accordance with Applicable Law, the Agreement and any other information or instructions provided by Just Dial to the Merchant from time to time.
  18. The Merchant shall cooperate with the Just Dial and provide all information as the Just Dial shall reasonably require enabling it to provide the JD PAY Services;
  19. Merchant shall display the QR Code at significant location where it is easily visible to customers.
  20. The Merchant shall also be responsible for informing, updating the customer’s about the cancellation and refund policy and Just Dial shall not be responsible for the same in any manner.
  21. The Just dial 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).
  22. Unless otherwise agreed by the Just Dial 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.
  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. Just Dial 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 Just Dial to be subject to investigation, prosecution, or legal action.
  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.
  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. Just Dial shall not be a party to such third party agreements and does not warrant or guarantee any third party product or service.
  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 Just Dial in all respects. Just Dial 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.
  27. If you link a bank account with JD Pay, the bank must be a registered with RBI. When you make a payment that is funded by your bank, you are authorizing Just Dial 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 JD Pay Services, you also authorize Just Dial to credit your linked bank account to complete that transaction.
  28. You shall have the marketable and legal right and title to sell Products offered by it to the Customers by using JD Pay.
  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.
  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.
  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.
  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 JD Pay Services provided under this Agreement.
  33. In the event that you opt for JD Pay Services, you agree and understand that you and your Customers shall be bound by the terms and conditions at sennevent.com/terms.You shall ensure that you and all your Customers comply with the terms and conditions.
  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, Just Dial or Financial Institution Partners.
  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.
  36. You shall in writing inform Just Dial 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.
  37. You shall not engage in activities that harm the business and/or brand of Just Dial, the Financial Institutional Partners.
  38. You shall be responsible to resolve all customer disputes and provide whatever assistance necessary to assist the Financial Institutional Partners and Just Dial deal with all Customer disputes at its own cost.
  39. You authorize Just Dial to share Transaction data and Customer information with the respective Financial Institutional Partners.
  40. You agree that Just Dial reserves a right to suspend the payment and/or JD Pay Services provided herein, forthwith, in event you fail to observe the terms and conditions herein.
  41. You agree that Just Dial shall not be responsible for any incorrect information provided by Merchant and the transaction thereof.
  42. Merchant shall immediately inform Just Dial incase of any theft or lost of its instruments /mobile devices etc used for the JD Pay services. Merchant agrees that Just Dial shall not be responsible in the event merchants fails to inform about such lost/theft of instruments /mobile devices etc.
  43. You acknowledge and confirm that while accepting the payment using JD 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 JD Pay is used. If at any stage it is brought to the notice of Justdial / Bank that such a charge is being levied by you, then services will be immediately terminated by Just Dial or the Bank.

8. DORMANT ACCOUNTS

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

9. PRIVACY

  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.
  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.

10. OBLIGATIONS TOWARDS FINANCIAL INSTITUTION PARTNERS

  1. As you will be using the JD 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 Just Dial by an Financial Institution Partners, then without prejudice to Just Dial’s other rights hereunder, you shall forthwith indemnify Just Dial 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, Just Dial may suspend settlement or suspend/terminate the JD Pay Services forthwith.

11. CONNECTIVITY AND INTEGRITY OF HOTLINK:

  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 JD Pay Service.
  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 JD Pay Service.
  3. You shall take all such precautions and measures as may be directed by Just Dial from time to time to ensure that there is no breach of security and the integrity of the link. You shall also ensure that there are proper encryption and robust security measures to prevent any hacking into the information of the Customers and other data. In addition to the above, you shall also comply with security practices and procedures as prescribed in the Information Technology Act, 2000 and the rules made thereunder and/or the RBI rules and Regulations. Any loss incurred to you, Just Dial 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 Just Dial and the Financial Institution Partner from any claims, actions, damages or losses arising out or in relation thereto.
  4. Without prejudice to the generality of the aforesaid, you shall routinely and at such time intervals as may be specified by Just Dial check the integrity of the Hotlink and provide such reports from time to time.

12. PUBLICITY:

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

13. REPRESENTATION, COVENANTS AND WARRANTIES OF MERCHANT:

  1. Merchant has all the necessary licenses, permissions, approvals, rights and is fully authorized to sell the products/services to customers;
  2. Merchant has full corporate power and authority to execute, deliver and perform this Agreement;
  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.
  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;
  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;
  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 JD.
  7. Merchant hereby agrees that Just Dial 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 Just Dial.
  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 Just Dial shall be entitled to debit the amount of such cancelled transaction from Merchant’s account without any further communication to Merchant.
  9. In consideration of Just Dial providing the services as provided under this agreement, Merchant shall at all times use the logo of Just Dial / JD Pay services in all their promotional material and in their advertisement after taking the written consent from Just Dial.

14.FEES/CHARGES:

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

15. PAYMENT & SETTLEMENT TERMS:

  1. The JD 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 Just Dial will process the Payment. Provided that the issuing bank authorizes the payment, Just Dial 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 Just Dial.
  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 Just Dial and Just Dial will promptly investigate and attempt to resolve any reported discrepancies. In the event of any dispute in the reconciliation/Invoice, Just Dial shall have a right to review and verify, the information provided by Merchant under this Clause based on the data and information available with Just Dial. It is hereby expressly agreed between Parties that in case of any discrepancy, the data and information generated by Just Dial shall prevail and be binding upon the Parties and the merchant shall not challenge the same in any manner whatsoever.
  3. Just Dial may suspend the processing of any Transaction / stop the payment to Merchant where Just Dial reasonably believes that the Transaction may be fraudulent or involves any criminal activity, until the satisfactory completion of the Just Dial’s 's investigation or that of any third party under Applicable Law. Just Dial 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) Just Dial , 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.
  4. Just Dial may refuse to execute a Refund if it does not meet the conditions in this Agreement or is prohibited by law. If Just Dial 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 Just Dial 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
  5. It is acknowledged and confirmed by Merchant that Just Dial may in future charge the commission percentage by notifying to Merchant.
  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 Just Dial 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 Just Dial for providing JD Pay Services including but not limited to payment gateway charges, any fees or penalty imposed by payment gateway service provider or issuing institutions etc.
  7. Just dial 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.
  8. Just Dial may defer any Settlement Payment: (A) if the amount of such Settlement Payment is less than the minimum Settlement Payment threshold that the Just Dial reasonably determines in the Just Dial’s 's sole and absolute discretion (of which the Just Dial will notify the Merchant from time to time), until the total Settlement Payment payable reaches that threshold; (B) where the Just Dial reasonably believes that a Transaction may be fraudulent or involves other criminal activity, until the satisfactory completion of the Just Dial 's investigation or that of any third party; or (C) without limit in amount or time, if Just Dial 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.
  9. Just Dial 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.
  10. Just dial will make the settlement of the amount in the Merchant’s bank account provided by the Merchant to Just Dial.
  11. Just Dial 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.
  12. Merchant shall be liable to deposit all indirect taxes that may arise on orders/bookings placed by the Customer. Merchant agrees to indemnify Just Dial 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.
  13. Just Dial is only acting as a facilitator for receipt of payment of goods/services for Merchants. Just Dial does not maintain/deliver any goods at any point of time and property in goods does not pass to Just Dial under any circumstances. Just Dial 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.
  14. Just Dial shall have no liability for any penalty, interest, fine or other charges due to the delayed or non-payment of any (applicable) taxes to the tax authorities under this agreement.

16. RESERVE:

  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 Just Dial with Reserve of such amounts as may be requested by Just Dial 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 Just Dial or any other indications of performance problems related to your use of the JD Pay Service. If you fail to provide Just Dial with Reserve within seven (7) days of receipt of notice for the same, Just Dial reserves the right to suspend and/or terminate the Settlement Amount payable you or the JD Pay Service without further notice. Just Dial may use this Reserve to set-off including but not limited to any Outstanding Amounts payable by you to Just Dial, Financial Institution and/or Customers.
  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 Just Dial and/or the Financial Institution the remaining amount due immediately upon request. Just Dial 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 Just Dial 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 Just Dial to recover all such losses, costs and damages etc from you by any other means, which may be available to Just Dial 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. CHARGEBACK:

  1. The Merchant shall bear the risk of Chargebacks initiated in respect of Customers/Users. If a Chargeback is initiated, Just Dial 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 Just Dial to process, administer, challenge or dispute Chargebacks. If the Chargeback is successfully challenged by submitted relevant documents and reversed, Just Dial shall credit the Merchant the amount of such reversal and if Merchant is unable to defend the Chargeback then Just Dial shall deduct the amount from Merchant’s account and shall credit in the User’s account.
  2. Merchant hereby acknowledges that Issuing Bank/ payment Gateway service provider reserves the right to either accept or reject the chargeback of the Customer.
  3. In case of cancellation of transactions by the, refund process shall be as follows:
    1. The Merchant shall give intimation to Just Dial regarding details of transactions cancelled by the customers either by electronic mail or by letter.
    2. Just Dial shall not be liable for the calculation of cancellation charges which may be based on factors like terms & conditions of the Merchant selling the goods/services, the time of cancellation and the status of the transactions and shall accept the refund sent by the Just Dial as final in this regard. The Merchant shall provide the details and Just dial will credit the amount of refund due to the customers.
    3. Just Dial shall reverse the debit entries in case of refund transaction from Payment Gateway Service Provider and shall in turn debit the Merchant with the amount of cancellation money as given by Just Dial and crediting the same to Customer.
    4. In case of fraudulent online purchase transaction done by Customer then it shall be resolved by Customer and the Merchant at the exclusion of Just Dial. The Merchant shall immediately inform the Just Dial.

18. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS:

  1. Both the Parties hereby acknowledge and agree that each Party is the absolute owner of all right, title and interest in respect of their own trade name, logo, trademark, copyright, device, label, colour combination, artwork and visual representation and they shall not, by virtue of this Agreement, assume activities under this Agreement or affiliation with the other Party, acquire or claim any interest in any such trade names or copyright belonging to and/or owned by the other Party.
  2. Each Party shall at all times, render assistance in its power to restrain the infringement, passing-off, duplication, unauthorized use or colorable imitation of any such trade descriptions, logo, device, label, art work, trade names, trademarks or Copyrights.
  3. Each Party hereby agrees and undertakes that it shall not register, use or file and/ or assist in and/ or allow registering, using or filing, either directly or indirectly, for itself or through, on behalf of or in conjunction with any person or legal entity and whether as principal, agent, shareholder, consultant, employee or in any capacity whatsoever, any trademarks/ service marks in any class, either alone or in combination with any other mark or material, which is similar and or identical and/ or resembling in any manner with the other party’s marks and/ or intellectual property rights of the other party and not to associate the other party marks and/ or intellectual property rights of the other party with its own business and/ or the business of any third party associated with it, except as contemplated under this Agreement.
  4. Upon the termination of this Agreement for any reason, the Parties shall immediately cease to use other party’s marks and/ or intellectual property rights vested in the other party in any manner whatsoever.
  5. Either Party shall not claim any right, title, or interest in the other party marks and/ or intellectual property rights vested in the other party and the same shall at all times continue to be the exclusive property of the other party.
  6. 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. CONFIDENTIALITY:

  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.
  2. Both Parties have agreed that, save and except with the prior written consent of the other Party:
    1. On and from the date of this Agreement, the contents of this Agreement and any documents, data, or information, which a Party may obtain from the other Party pursuant to this Agreement, or sensitive personal data and information defined under the Information Technology (reasonable security practices and procedure and sensitive personal data or information) Rule, 2011 (hereinafter referred to as "Confidential Information") shall be kept confidential and shall not be disclosed by either Party to any third party.
    2. Upon the expiry of the term of this Agreement or the termination of this Agreement, neither Party shall issue any adverse official written communication relating to such termination or the factum of this Agreement.
    3. However, the Parties may disclose such Confidential Information under following circumstances: (i) if it is essential for the assessment of the transaction to disclose Confidential Information, (ii) may disclose such Confidential Information to its employees, agents and advisors (including without limitation, attorneys, accountants, consultants, bankers, financial advisors, or their representatives) whose knowledge of the Confidential Information is essential for fulfilling its obligations under the Agreement; (iii) disclose the said confidential Information to lawful authority after getting the lawful order; & (iv) where the disclosure is necessary for compliance of a legal obligation. Subject to the aforesaid conditions, the Parties shall not under any circumstances disclose to any third party or to any other Just Dial the terms and conditions of this Agreement & all confidential Information, documents, manuals and other materials provided by the other Party, during the subsistence & survival of this Agreement.
  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.
  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. WARRANTIES AND INDEMNITIES:

  1. The Merchant warrants and represents that all information provided to Just Dial in the course of applying to use the JD PAY Service is true and accurate in every respect and the Merchant will keep all such information up to date during the Term.
  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 JD PAY meet all Applicable Law in the Territory and the provision of the Services by Just Dial will not contravene any such Applicable Law. If it is determined that such acts do contravene any Applicable Law, Just Dial may terminate this Agreement immediately.
  3. The Merchant shall indemnify and hold Just Dial/ Payment Gateway Service Provider harmless from and against any and all claims brought against Just Dial/ Payment Gateway Service Provider by Users/Customers or a financial institution or other third party, or which Just Dial may suffer or incur, to the extent such claims arise out of or in consequence of or in connection with: (A) a Transaction; (B) any security breach in relation to compromise or theft of Payment data held by the Merchant or on the Merchant's behalf; (C) a breach of the warranties clauses and; (D) a failure by the Merchant to comply with the requirements of a regulatory authority or Applicable Law;.

21. LIMITATION OF LIABILITY:

  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: Just Dial makes no representations or warranties, express or implied, with respect to Merchant ability, fitness for a particular purpose or non-infringement; Just Dial does not warrant or guarantee that Merchant will achieve any level of sales, revenue or profit; Just Dial does not warrant or guarantee that the JD PAY Services will always be available or operate error-free, or that any errors, omissions or misplacements in the software will be corrected.
  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.
  3. Without prejudice to above clause: Just Dial’s 's total liability arising under or in connection with this Agreement, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall be limited to an amount not more than the payment made by the customers/users in the one month immediately prior to the date on which the cause of action for such liability arose;

22. DISCLAIMER :

  1. THIS SERVICES ARE PROVIDED ON AN “AS IS, “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES. JUST DIAL 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 JUST DIAL EXCEPT AS EXPRESSLY SET FORTH HEREIN.
  2. JUST DIAL 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 JUST DIAL 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.
  3. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, MERCHANT EXPRESSLY AGREES THAT JUST DIAL 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, JUST DIAL, PAYMENT GATEWAY SERVCE PROVIDER , PAYMENT PROCESSOR OR ISSUING BANK; OR (E) THE LIMITATION OF THE FUNCTIONING OF ANY TRANSACTION SERVICES OR SOFTWARE, HARDWARE, OR EQUIPMENT ASSOCIATED THEREWITH.

23. TERM :

  1. 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. TERMINATION :

  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.
  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.
  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.
  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. Just dial 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.
  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. GENERAL PROVISIONS :

  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.
  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.
  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 Just Dial, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control.

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

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

ANNEXURE ‘A’

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

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

1. INTRODUCTION

  1. This TERMS OF USE FOR JD PAY SERVICES governs the terms of your use of JD PAY Services offered by Just Dial Limited. (herein after referred to as Just Dial)
  2. BY REGISTERING FOR OR USING JD PAY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THE JD PAY SERVICES. As the JD PAY Services owned by Just Dial, hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Just Dial.
  3. When you use JD PAY Services provided by Just Dial, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to usage of JD 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 JD PAY Services.

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

2. DEFINITIONS

  1. "Account" refers to the account created for a User as soon as he successfully completes the process of registering at sennevent.com, which contains information regarding his JD Pay Services, which permit payment and domestic money remittance as per RBI direction, as amended by RBI from time to time.
  2. "Customer" "or" "you" mean a person who has registered with Just Dial for availing the JD PAY Services and who has accepted these Terms and Conditions and, owns/operates/has access to an internet compatible device that supports the JD PAY Services.
  3. "Charge(s)" or "Service Charge" shall mean the charges which Just Dial may levy upon you in consideration for subscribing to the JD PAY Services.
  4. "Eligible" means satisfying the conditions of eligibility prescribed under these T&Cs.
  5. "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 Just Dial is required to procure personal identification details from you before any services can be delivered. Know your Customer (KYC) documents may be required by Just Dial from the Customer at the time of Registration and/ or on a later date, for availing and / or continuation of the JD PAY Services.
  6. "JD 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.
  7. "Merchant" means any of the establishments listed on the webpage available at sennevent.com or at its portals which/who accepts payment through JD Pay Services for sale of their goods and services and with whom we have executed physical contracts. The list of Merchants available at sennevent.com
  8. may be revised by us from time to time without intimation to you.
  9. "Merchant Establishment" shall mean and include physical Merchant's shops, and any other outlet that has been authorized by Just Dial to accept payment using JD PAY Services.
  10. "JD Registered Users" mean any User who completes the necessary formalities as required for registration
  11. "Password" means the secret password used to secure JD PAY Services applications, without knowledge of which JD PAY Services will not be operable.
  12. "RBI" means the Reserve Bank of India.
  13. "Registration Form" shall mean the JD PAY Services Registration Form, as is required by Just Dial from the Customer at the time of Registration for availing and / or continuation of the JD PAY Services.
  14. "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.
  15. "Terms and Conditions of Service" or "T&Cs" refers to these terms and conditions of use of Just Dial'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.

3. ELIGIBILITY TO USE THE JD PAY SERVICES

北京28A. While using JD Pay Services, you represent and confirm that:

  1. You must be 18 (eighteen) years old;
  2. You are Indian citizen, a legal resident of India or a business entity, authorized to conduct business in India;
  3. You must be an authorized representative with the authority to bind that company or entity to these Terms;
  4. You are not 'incompetent to contract' within the meaning of the Indian Contract Act, 1972;
  5. You are entering into and performing this Agreement, as per applicable law and are not a person debarred from using the JD Pay Services under the laws of India or other applicable laws.
  6. JD Pay Services can only be used in India. You acknowledge that Just Dial Services may be subject to export restrictions imposed by the laws, rules, regulations, and guidelines in force in India.
  7. 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 JD Pay Services is found to be not eligible.

4. REGISTRATION OF JD PAY- USER ACCOUNT

  1. 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.
  2. 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.
  3. 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 JD Pay, whether initiated by you or any third party.
  4. In order to protect the security of your Account and JD Pay, we require you to (a) immediately inform us at our Hotline No. 8888888888 & email us at , of any unauthorized use of your Account and (b) to ensure that you log out of Your Account at the end of every session.
  5. 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.
  6. 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.
  7. In the event that you are unable to access to your Account for any reason other than forgetting your password, please inform us at our Hotline No. 8888888888 & email us at 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.
  8. 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 Just Dial to make such inquiries.
  9. 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 JD Pay Services, regardless of whether or not you authorized their activity. We will never ask you for your Account credentials.

5. DOCUMENTATIONS

  1. The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and Just Dial reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. Just Dial reserves the right to discontinue services/ reject applications for JD PAY Services at any time if there are discrepancies in information and/or documentation provided by you.
  2. Any information provided to Just Dial with the intention of securing JD PAY Services shall vest with Just Dial, and may be used by Just Dial, for any purpose consistent with any applicable law or regulation, at its discretion.
  3. Once you have successfully created an Account after completing the registration process in accordance with these T&Cs, you can start availing of our JD PAY Services.
  4. Once you have successfully created an Account after completing the registration process in accordance with these T&Cs, you can start availing of our JD PAY Services.

6. GENERAL CONDITIONS:
6.1. Use of JD Pay Services

  1. In order to access JD Pay Services, YOU/ Merchant is required to download Just Dial application , you may be required to provide information about yourself (such as identification, contact or payment details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to us will always be true, accurate, correct, complete and up to date. Any phone number used to register with our service needs to be registered in your name and you might be asked to provide supporting documents to prove the same.
  2. JD Pay Services allows you to make a payment to Merchant via payment gateway internet enabled links and/or QR Codes for the products and services purchased by you or transfer funds to the savings or current bank account of the person, after completing the necessary formalities mentioned herein or otherwise mention by Just Dial time to time.
  3. JD Pay Services also allows you to store your bank or credit account information with Just Dial for making the instant payment without re-entering that information or sharing it with third parties. JD Pay Services is encrypted and secure and your information is safe with us. JD Pay Services cannot be used to hold or store money and Just Dial does not hold or store any of your funds. Just Dial does not have control of, or liability for, any goods or services that you pay for using the JD Pay Services. Just Dial does not guarantee the identity of any Vendors, sellers, and does not guarantee that a transaction will be completed.
  4. You may also choose to make the payment to Merchant through JD Pay Services, for the products and services purchased by you or Fund Transfer by using your valid credit / debit and/ or any other cards including e-wallets, online banking facility to make payment. You shall be bound to use your own credit / debit and/ or any other payment cards, online banking accounts to make payment via JD Pay Services. Just Dial shall not be liable and responsible for any credit/debit or any other card frauds, misuse of your card or any unauthorized payment transactions which has been processed by Bank / third party payment processor.
  5. When you choose to make the payment or transfer funds to the savings or current bank account of the other person through JD Pay Services, you have to submit the complete bank details of the recipient of money such as Bank Account No, IFSC Code, and/or any additional information that is necessary to complete the transaction or RBI may prescribe time to time. If you would not submit the bank details of the recipient of money, we will not process your transactions or funds will not transfer to the bank account of the recipient.
  6. When we receive payment instructions from you to pay a Merchant or to any Users or person, you authorize and order us to commit your payment to that Merchant or to another Users or Person. This authorization will remain in effect as long as you maintain an Account with us.
  7. In the event that you are having any issues in goods or services which is including but not limited to cancellation, refund, pricing, warranty, guarantee or you are not satisfied with the goods or services provided to you by a Merchant for any reason, we recommend that you report the matter to the Merchant in question. Please note that Just Dial is an are intermediary and are not responsible for the goods or services provided by Merchants and cannot be involved in any disputes between a Merchant and User regarding the same.
  8. You accept and acknowledge that payment processing is hosted by a third party payment processor and usage of such payment processing shall be subject to such additional terms and conditions which such third party payment processor may prescribe from time to time.
  9. You agree and confirm to comply with the terms and conditions of the Merchant from whom you are taking the services/products and thereafter making the payment to them via JD Pay Services.
  10. Just Dial facilitates payment solutions to the Users to make a payment to Merchant or Transfer Fund. In the case of commercial transactions Just Dial is acting as an intermediary, which enabling users to make a payment to Merchant through JD Pay Services. All commercial terms are offered by and agreed to between you and Sellers alone. Just Dial does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of any commercial terms between the User and Merchant.
  11. In order to use the JD Pay Services, you must link you bank account/card details, to JD Pay Services. When you make a payment to Merchant or Transfer Fund using the JD Pay Services, you are authorizing us to initiate an electronic transfer from your linked bank account in the amount you specify. You are solely responsible for complying with any terms set by your bank with respect to your bank account, including any fee terms, such as non-sufficient fund or overdraft fee terms. If you receive a payment from Merchant or Fund Transfer via JD Pay Services or are entitled to a reversal, refund, or other adjustment associated with a payment or Fund Transfer made by you using the JD Pay Services, you also authorize a credit to your linked bank account to complete that transaction.
  12. If you make payment for a purchase using the JD Pay Services or using for Fund Transfer, fund will be transferred to Merchant/ Users instantly.
  13. Just Dial does not provide any endorsements or guarantees for any individual or entity using the JD Pay, nor any third party offers, goods or services featured on our websites. Information regarding third party offers, goods, and services is provided on our websites for informational purposes only, and may not be true, accurate, or reliable.
  14. Information provided by Just Dial or otherwise obtained from the Website will not be used for any unauthorized and unlawful purpose;
  15. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Just Dial, unless you have been specifically allowed to do so in a separate agreement with us;
  16. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services);
  17. You agree that you are solely responsible for (and that Just Dial has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Just Dial may suffer) of any such breach. JD PAY Services is not transferable.

6.2. 'One Tap' Feature:

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

  1. Faster Checkout option: When you enter your debit card/debit card details for the first time while making a payment, we will provide you an option to save such card details for faster checkout. If you select the ‘One Tap Checkout’ option (currently name as One Tap Checkout), you understand and agree that we will save your card details in a manner compliant with our PCI DSS certification. For the next time when you make a payment using the Services, you will not be required to enter your card details. You can simply click on the saved card, while making a payment request and your payment instructions will be sent to the Payment System Providers for authentication, authorization and processing. The second part ‘auto-read OTP’ option is currently only available on our android mobile application.
  2. Auto-Read of One Time Password ("OTP"): OTP is a one-time password, which is provided by your issuing bank in order to carry out the second factor authentication of your debit/credit card. If you register for our 'One Tap' feature, you understand that we will be able to retrieve your OTP from the message received on your mobile and populate and submit the OTP on the issuer’s page for second factor authentication of your debit/credit card. In order to avail the entire ‘One Tap’ feature, you may go to the payment page and save the card for One Tap Checkout.
    You understand that you have agreed to select the 'One Tap' feature in whole or in part at your own risk and for your convenience. You agree that we are only acting as your technology intermediary and eliminating the need for you to manually enter your card details or OTP. All information and instructions received from your Card will be deemed to have been authorized by you and we shall not be liable for any unauthorized use of your Cards or any unauthorized transactions made using the whole or any part of the 'One Tap feature'. It is to be clarified that the 'One Tap' feature doesn't avoid the two-factor authentication system, it only provides a technology platform which eliminates the need of manual typing of card details and OTP by you. We emphasize that we are not involved in the authentication, authorization and processing of you payment request and only facilitate you in sending such payment instruction to the Payment System Provider.
    In the event that your device (mobile, tablet, laptop, etc.) is stolen/lost or your suspect any unauthorized use of your debit/credit Card, please ensure you go to the payment page of Justdial App and de-activate the 'One Tap' feature immediately. You should also inform us of the same after de-activation at . In the event that you have de-activated the 'One Tap' feature and informed Just Dial of the same and thereafter an unauthorized transaction is made, Just Dial’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. Just Dial’s service provider shall determine that legitimacy of the claim at our sole discretion.

7. CHARGES

  1. Currently, we do not charge you to use the JD Pay Services. However, your mobile network operator may charge you to access the JD Pay and you are responsible for these charges.
  2. Please note that in future JD Pay Services may be chargeable at the discretion of Just Dial, in the form and manner prescribed for such payment. Just Dial may at its discretion, change, amend, increase, or reduce the Service Charges without prior intimation to the Customer.
  3. Just Dial reserves the right to introduce a policy as per the applicable RBI guidelines for JD 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 JD PAY Services.

8. YOUR INFORMATION

  1. When you use the JD Pay Services, we will send your information (including, where applicable, your encrypted payment card details) from the JD Pay server to the third party payment services provider.
  2. By using JD Pay Services you agree to receive promotional SMS/Emails from Just dial or its associates, agent or partners.
  3. Your privacy is very important to Just Dial. When you using JD Pay Services, you confirm that you have read and accepted our Privacy Policy. The Privacy Policy, which is accessible through the JD Pay Services and forms an integral part of this Agreement, describes how we collect and use your Information.
  4. The Just Dial 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 Just Dial, any of its related group companies or participating merchants.
  5. 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 JD 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 JD Pay Services.

9. YOUR OBLIGATIONS

  1. JD PAY Services availability is subject to the maintenance of an active mobile phone, internet connection with an associated telecom provider and Bank / Card Account. JD 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 JD PAY Services channel or application.
  2. You must ensure the availability of sufficient funds before executing any Transaction from your JD PAY Services.
  3. 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 JD PAY Services. In case the Password is lost or misplaced, you shall promptly inform Just Dial 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 JD PAY Services is lost/stolen/misplaced/ no longer in your control; you shall promptly inform Just Dial. Just Dial will upon receipt of such information block the relevant account.
  4. You shall intimate Just Dial about change in your address, if any, in writing along with such proof of address as per the KYC documents.
  5. You shall not use JD PAY Services for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, Just Dial policy or public policy or for any purpose that might negatively prejudice the goodwill of Just Dial.
  6. You acknowledge and understand that JD 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.
  7. Information submitted by you for availing JD PAY Services and/or information submitted while using JD PAY Services may be shared with third parties by Just Dial, inter alia, to facilitate the provision of JD PAY Services.
  8. You shall ensure that the Services are not used for Transactions in foreign currency. JD PAY Services is issued & shall be valid only in India and shall be used at Merchant Establishments only in India.
  9. Without limiting the foregoing, you agree that you will not use the Just Dial 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 Just Dial'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.
  10. You shall not misuse, rent, lease, assign, or otherwise transfer the JD 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 JD Pay services/System. All rights, title and interest to the JD Pay services are owned exclusively by Just Dial.
  11. You will only use the JD Pay services for your own purposes and not on behalf of any other person or entity;
  12. You and all payments initiated by you will comply with all laws, rules, and regulations; and you will not use the JD Pay, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the functionality of the JD Pay services.
  13. You will not breach these Terms or any other applicable terms or policies;
  14. 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;
  15. You will not attempt to receive or actually receive duplicate compensation for a disputed payment from the Merchant, Just Dial, and/or your bank; or
  16. You will not engage in activity that indicates, in Just Dial's sole discretion, that there may be a high level of risk associated with you, or your Account activity. The use of any JD Pay that has connectivity to the Internet or any external network poses an increased risk, and you assumes all liability for such increased risks.
  17. You will fully cooperate with Just Dial in complying with the laws.
  18. 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.
  19. 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 Just Dial 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.
  20. 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 Just Dial, without its permissions, and further use the said devices for cheats by personation.

10. REFUNDS POLICY

Just Dial 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..

北京28For processing a refund, the users shall present a refund request to Just Dial along with all the required detail to identify the previously authorized and settled transaction and Just Dial 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: Just Dial 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 JD Pay Services.

11. SECURITY AND UNAUTHORISED PAYMENTS

  1. We give you the opportunity to choose a password to gain access to the JD Pay Services itself or to various features within the JD 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 JD Pay Services, you are also responsible and liable for any access, use, misuse or disclosure of your Password by such person.
  2. If you become aware of a payment being made via the JD Pay Services that was not authorised by you or if you lose the device on which the JD Pay is installed, disclose your Password to a person unauthorised by you, or believe that someone else can use the JD Pay by impersonating you, you should inform us immediately and we will disable the payments feature of the JD Pay until you re-enter your payment card details in the JD Pay. Unless and until you provide such notice:
    1. you will be responsible for any instruction which we receive and act on, even if it was not given by you; and
    2. we will not be responsible for any unauthorised access to confidential information about you in the JD Pay.
  3. 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 JD Pay is being used for an illegal purpose; or (v) may harm our reputation.
  4. 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 JD Pay Services.

12. OUR OBLIGATIONS

  1. When you use the JD 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.
  2. You understand and agree that the Just Dial shall not be responsible for the outcome of your transactions with external merchants via the JD 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 JD Pay Services.
  3. Just Dial shall not be responsible for any fraudulent transaction by any person in any manner whatsoever.
  4. Just Dial shall not be responsible for any chargeback, refunds or cancellation of products or services.
  5. Just Dial 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.
  6. Just Dial is not responsible for any non-performance or breach of any contract entered into between you and Merchants. Just Dial cannot and does not guarantee that the concerned Merchants and/or You will perform any transaction concluded via JD Pay, Just Dial shall not and is not required to mediate or resolve any dispute or disagreement between Merchants and You.
  7. Just Dial 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 Just Dial hold any right, title or interest over the products nor shall Just Dial have any obligations or liabilities in respect of any transaction between you and Merchants. Just Dial 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.
  8. 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 JD Pay Services. We may, however, initiate a refund if (a) a payment made via the JD 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.
  9. Just Dial is as an independent entity under the terms and conditions of this Agreement. Just Dial has no relationship with Merchant. You alone shall be responsible and neither Just Dial nor the Bank or anybody connected to Just Dial shall have any responsibility or liability. Just Dial 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.

13. CONSENT TO COMMUNICATIONS AND TRANSACTIONS:

北京28By registering to use of JD 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 Just Dial website. You can withdraw your consent at any time by contacting us, but we reserve the right to terminate your account upon such withdrawal. Withdrawal of your consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received. You agree to notify us promptly if your email address or other contact information changes by updating your account information or contacting us.

14. YOUR USE OF OUR INFORMATION

北京28Except 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 Just Dial'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 Just Dial.

15. TERMINATION/SUSPENSION OF SERVICE

  1. We may suspend or terminate your access to the JD 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 JD Pay, (ii) we believe that you have breached any of the terms of this Agreement, (iii) your use of the JD Pay has been in any way improper or breaches the spirit of this Agreement, (iv) we reasonably believe use of the JD 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.
  2. Just Dial reserves the right to suspend/discontinue JD PAY Services to you at any time, for any cause, including, but not limited, to the following-
    1. For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the terms and conditions mentioned in this document
    2. For any suspected discrepancy in the particular(s), documentation or registration Form provided by you;
    3. To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure reasons etc;
    4. If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons.
    5. If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
    6. If the mobile connection with which your JD PAY Services is related ceases to be operational or in your possession or control.
    7. If Just Dial believes, in its reasonable opinion, that cessation/ suspension is necessary.

16. THIRD PARTY INFORMATION ON THE WEBSITE

  1. As some information appearing on the Website is provided to Just Dial by third parties, Just Dial 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.
  2. All dealings and communication arising from Just Dial's facilitation of interaction between Merchant and users will be between the Merchant and users only and Just Dial 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. Just Dial is not an agent for any of the Merchants listed on this Website and Just Dial has no responsibility for and no liability whatsoever in respect of the conduct of a Merchant or quality of service provided by a Merchant.

17. ADDITIONAL T&Cs

  1. When you acquire goods, software or any other services from a Merchant Establishment through any of Just Dial's Services, you understand and agree that, Just Dial is not a party to the contract between you and the Merchant Establishment. Furthermore, Just Dial 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 Just Dial shall not be responsible or liable for any deficiency in goods and/or services purchased using JD PAY Services. This exclusion of liability shall apply even for goods and/or services made available by Just Dial 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.
  2. Any amount transferred erroneously by the Customer to any Merchant Establishment shall not be refunded to the Customer by Just Dial in any circumstances.
  3. In the event of any dispute, Just Dial records shall be binding as the conclusive evidence of the Transactions carried out through use of JD PAY Services.
  4. Just Dial 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.
  5. You agree to receive all commercial message including transactional messages from Just Dial.

18. DISCLAIMER:

  1. 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.
  2. THE JD 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 JD PAY.
  3. WE MAKE NO WARRANTY THAT THE OPERATION OF THE JD PAY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS ,OR REPRESENT THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS THEREIN.

19. LIMITATION OF LIABILITY:

  1. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER JUST DIAL, 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.
  2. 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).

20. INDEMNITY: You agree to indemnify, defend and hold Just Dial 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 JD PAY Services, any breach of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you.

21. COMPLIANCE WITH LAW: 北京28 Just Dial shall comply with the laws as applicable for the time being in force.

22. CONFIDENTIALITY: 北京28 You specifically agree that in order to facilitate the provision of JD PAY Services, Just Dial may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise.

23. INTELLECTUAL PROPERTY RIGHTS: The Just Dial hereby grants you the non-exclusive, non-transferable right to use our JD 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 JD 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 JD Pay to create a competing product. You hereby acknowledge that by using the JD Pay services, you obtain no rights in the software, trademarks or content related to the JD Pay and you may only use the same in accordance with this Agreement. Unauthorized use is strictly prohibited. All rights are expressly reserved to Just Dial.

24. SYSTEM COMPLAINTS AND DISPUTE RESOLUTION: For Redressal of disputes/complaints you can email to us at , with brief details of your complaint or call on our hotline No. 8888888888. Our customer service staff will acknowledge and redress your complaint on best effort basis.

25. ARBITRATION:北京28 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 Just Dial. Arbitration shall be held at Mumbai, India. The proceeding of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. The parties irrevocably agree that the Agreement shall be governed by and construed in accordance with the laws of India and the courts of Mumbai, India, shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement and waive any objection to such personal jurisdiction based on forums non-convenience or any other basis.

26. FORCE MAJEURE: Just Dial 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 Just Dial, 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.

27. GENERAL:

  1. We reserve the right to modify or terminate the JD Pay Services at any time, without notice, and we will not be liable to you as a result of any such action.
  2. Just Dial shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates group companies.
  3. This Agreement constitute the entire Agreement between Merchant and the Just Dial pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the parties.
  4. 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.
  5. To the maximum extent permitted by law, you waive, release, discharge and hold harmless Just Dial, 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/ JD PAY Services.
  6. 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.
  7. 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.
  8. In this Agreement and unless otherwise stated, "we", "us" or "our" refers collectively to the Just Dial and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.
Terms and conditions for JDRR CERTIFICATE

1.北京28 This Terms of Use is entered between Just Dial and the Vendor/business entity who have been issued JDRR Certificate. The Vendor/business entity hereby confirms that by applying, accepting, using the JDRR 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. Just Dial 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 JDRR Certificate following the posting of changes will mean that they have accepted and agreed to the revisions.

2. SERVICES

  1. JDRR Certificate is issued to the Vendor whose business is listed with Just Dial and they have expressed their interest in availing the JDRR certificate. The JDRR Certificate denotes User's Choice to those Vendor who has user rating of more than 4 stars from 30 (thirty) or more users on their listing as visible on Just Dial portals.
  2. Vendor without any star rating and denoting "JD Certified" to those Vendor who doesn't have any user's star ratings on their listing visible on Just Dial portals.
  3. The term "JD Certified" with star rating certify that ratings given by the Users on Just Dial portal is/was there for the respective Vendor as on the date of issuance of the JDRR certificate. The term "JD Certified" without any star ratings certify that the user has not given any star ratings by the user on Just Dial portal.
  4. The details of the Vendor ' business listing updated on Just Dial platforms is on the basis of the representation made by the Vendor at the time of availing the JDRR certificate. However, Just Dial by providing JDRR Certificate does not explicitly or implicitly gives any warranty of any kind or endorses any product/s or services provided by Vendor/business entity.
  5. Once a JDRR Certificate is issued, Just Dial has no obligation to keep the Business Entities' under surveillance during the Term. JDRR Certificate is not a recommendation or advice from Just Dial in relation to entering (or not entering) into any transaction/dealings with the Vendor by any Third party or any one.

3. FEE:

  1. The Vendor agrees to pay a non-refundable Fee for availing the JDRR Certificate from Just Dial. The Fee for JDRR Certificate as determined by Just Dial shall be paid by the Vendor, as per the payment plan opted by them.
  2. Just Dial allows the Vendor/business entity to make the payments on 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). It is hereby clarified that Just Dial does not encourage/prefer that payments be made in cash. Any cash payments made by the Vendor/business entity shall be at the sole risk of the Vendor/business entity, without any recourse to Just Dial.
  3. The Vendor can pay the fee, either by way of upfront payment (payment of entire fee), or by way of the easy monthly instalments payment options. If Vendor choses to pay the fee by paying monthly instalments, under such payment scheme the vendor shall be liable to pay the initial amount of 25% of the total fee (including applicable Tax) at the time of confirming the order. The remaining payment can be paid through the payment mode as mentioned herein-above. It is hereby clarified that if vendor choses to pay the fee by way of monthly instalments under such payment scheme the JDRR certificate shall be issued only after the receipt of the first monthly payment and initial amount of 25% of the total fee including applicable Tax.
  4. The Vendor undertakes to honour all the payments as per the payment plan opted by him. The Vendor/business entity unconditionally agrees that Just Dial shall reserve its right to present the payment mandates i.e. ECS/CCSI/ NACH any number of times to recover its just dues /balance payments.
  5. The Vendor/business entity further unconditionally agrees that if the Vendor/business entity fails to honour all/any payments, Just Dial shall have the right to recover its just dues/balance payments from the vendor by initiating the appropriate actions and/or legal proceedings without any further notice or at the peril/risk of the vendor/ business entity.

4. The Vendor upon the receipt of the JDRR Certificate shall satisfy itself about the details visible on JDRR Certificate. If Vendor have any concerns in relation to JDRR Certificate then the same shall be raised maximum within 45 (forty five) days from the date of the receipt of the JDRR certificate from Just Dial. Any concerns received from Vendor after 45 (forty five) days shall not be entertained by Just Dial.

5. The Vendor shall not use, misrepresent, make any changes to, obliterate or tamper with JDRR Certificate or present any part of either of them out of context. The Vendor shall not make multiple copies of the JDRR Certificate issued by JUST DIAL. Any such act of using or displaying of the JDRR Certificate at more than one location by any Vendor without the permission of JUST DIAL would immediately give JUST DIAL the authority to claim such amount as was originally charged to such Vendor to whom the JDRR Certificate ) was issued for the first time. JUST DIAL 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 JUST DIAL TO THE BUSINESS ENTITIES. ANY SUCH ACT OF VENDOR WILL LEAD TO CONFISCATION OF THE JDRR CERTIFICATE (S) ISSUED TO VENDOR ALONG WITH THE COPY OF THE JDRR CERTIFICATE(S) WHICH IS USED BY THE BUSINESS ENTITIES. JUST DIAL WILL ALSO BE AT LIBERTY TO TAKE APPROPRIATE LEGAL ACTION AS IT DEEMS FIT AGAINST SUCH BUSINESS ENTITIES.

7.北京28 The JDRR 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. JUST DIAL 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.北京28 The Vendor are prohibited and warned not to indulge in any manner of influencing the ratings to be given to their business listing at JUST DIAL portal, by deploying fake Users to give a rating to such any Business Entities' business Listings. Vendor understands that any Advertisement of the JDRR Certificate (s) through any medium is strictly prohibited. JUST DIAL 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 JDRR Certificate (s) are based on the User review and User experience at the relevant point of time when the JDRR Certificate (s) was issue to the Business Entities. The Ratings given are susceptible to change, post issuance of the JDRR Certificate, as the same is purely based on User review and User experience over which JUST DIAL 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 JDRR certificate is for one year from the date of issuance by Just Dial. In case Business Entities' breaches any conditions of the Terms of Use or Just dial receives any complaints against the Vendor from any one or for any other reasons, Just dial shall have right to terminate this Terms of Use forthwith and Vendor shall immediately stop using JDRR certificate issued by Just Dial.

11. Consequences of Termination
北京28 On expiry or earlier Termination of this Terms of Use, Vendor shall (a) cease using the JDRR Certificate; (b) return or destroy the JDRR 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: (i) Just Dial Brands; (ii) JDRR Certificate belong exclusively to Just Dial. 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 Just Dial. Vendor shall not have any right to use or reproduce in any manner any intellectual property owned by Just Dial, including any trademarks, trade names, logos etc.

13. No Liability
JUST DIAL assumes no liability or guarantee to the accuracy, completeness or actuality of Ratings given to any Business Entities. The Ratings as given on the JDRR 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 JDRR Certificate and as displayed on the JUST DIAL website is to be deemed as recommendation to place an order or purchase a Product or avail any Service of any Vendor listed with JUST DIAL. JUST DIAL has no obligation to update any information. JUST DIAL does not act as a rating agency for recommending any Product or Service of the Vendor who listed with JUST DIAL. JUST DIAL 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 JUST DIAL.

14. Disclaimer
The Ratings given by any User of the JUST DIAL Service is provided "as is" with no express or implied warranties, representations, endorsements or conditions with respect to the JDRR Certificate (s) and any information contained therein (the information contained therein, in the JDRR Certificate, including without limitation, usefulness, completeness, accuracy, timeliness, reliability and fitness for a particular purpose or use) which is issued by JUST DIAL to it’s Business Entities. Furthermore, JUST DIAL does not represent or warrant that the Product or Service of any Vendor listed at JUST DIAL will meet the User’s requirements and needs. Under no circumstances JUST DIAL 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 JUST DIAL. Decision to use or avail any Product or Service of any Vendor listed at JUST DIAL is at User's sole risk.

15. Indemnity
Vendor shall defend, indemnify, and hold harmless Just Dial, 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 Just Dial (including, without limitation, reasonable attorneys' fees and expenses) arising out of or in relation to or in connection with:

  1. Breach of any provision of this Terms of Use or non-performance of any of its obligations;
  2. By reason of any infringement of any intellectual property rights;
  3. Any representation and warranty given by the Vendor to Just Dial under this Terms of Use being found to be untrue, false or incorrect; or
  4. Anything done or omitted to be done by the Vendor due to its negligence, default or misconduct of the Vendor or any of its officers, directors, employees or agents.
  5. Any third party claims

16. Disputes Resolution
北京28 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 Just Dial 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 Mumbai. Language of Arbitration shall be English. Cost of Arbitration shall be borne in equal proportion by the Parties. Attorney costs shall be borne individually by each Party. The Arbitration award shall be final and binding upon the Parties.

17. Relationship
北京28 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 Just Dial or between Just Dial 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
北京28 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
北京28 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:
北京28 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 Mumbai, 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.

Terms of use for JD SOCIAL

北京28These Terms of Use (the "TOU") create a contract between You ("You, Your") and Just Dial Limited ("Just Dial, We, Our"). By using or visiting Just Dial's website, WAP & APP (collectively the "Platforms") or any other Just Dial's products, software, data feeds, and services provided to you on, from, or through JD Social ("Services") on JD App, you signify your agreement to (1) these Terms of Use, (2) Privacy Policy, (3) infringement Policy, found at sennevent.com and incorporated herein by reference. If you do not agree to any of these terms, please do not use the Service.

Although we may attempt to notify you when amendments are made to these Terms of Use, you should periodically review the most up-to-date version at sennevent.com. Just Dial may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications/amendments or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

1. INTRODUCTION

1.1    These Terms govern your use of JD Social ("Services"), through which you can view on, or access the news, articles, graphics, images, music, movies online, videos, cricket, radio, audio-visual combinations, interactive features and other materials (collectively, "Contents", "Materials") and you may also chat, comments, reviews, ratings on the same. Contents may be offered through JD Social by Just Dial or a third party. To receive our uninterrupted Services, you need compatible hardware, software and Internet access.

1.2 The contents of JD Social are provided by third party websites that are not owned or controlled by Just Dial. Just Dial has no control over, and assumes no responsibility for, the contents, privacy policies, or practices of any third party websites. In addition, Just Dial will not and cannot censor or edit the content of any third-party site. By using JD Social, you expressly relieve Just Dial from any and all liability arising from your use these contents through JD Social. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website where you are re-directed.

2. LOGIN DETAILS

2.1 In order to access the JD Social, you will have to first download the Just Dial App and create a Just Dial Account to login JD social. However creating Just Dial account is not mandatory. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Just Dial immediately of any breach of security or unauthorized use of your account. Although Just Dial will not be liable for any unauthorized use of your account, you may be liable for the losses of Just Dial or others due to such unauthorized use.

3. JD SOCIAL

3.1 "JD Social" provides the platform to chat, comments, reviews, ratings and also makes available access to Live TV, Music, News, Cricket, Movies Online, Radio & Videos etc. to you and you shall access to specified services and contents provided by third party services and content providers.

3.2北京28 You can access Live TV contents by clicking on the option “Live TV” from the channels listing page. User are required to scroll vertically to find the channel of choice and click on the same, you will be re-directed to the respective channel website and the live channel page is launched and "Current Program" will be displayed on the screen. On the respective channels website the option of "previous Programs" will also be displayed on the screen and you can either play the current program or previous Programs as per your choice. For most channels, you can stream Content and watch the shows. Contents may not be available for download at all. Contents can be a redirection to an external site, or YouTube Plugin or Streamed on our servers. Channels are bifurcated on the basis of languages, i.e., Hindi, English and other regional languages.

3.3北京28 Apart from Live TV, you also get to discover & access to streaming online movies, music and TV shows with extensive catalogues in Bollywood, Hollywood & Regional content along with short videos. For accessing to movies, music and TV shows through JD Social. You are required to choose content and click on icon of program/contents to start playing/viewing the contents and thereafter you will be redirected to the respective contents providers’ website, as applicable, to view/watch the contents of your choice. Just Dial uses YouTube Plugin for accessing or streaming online movies/videos and the contents are hosted on Just Dial's servers. Movie synopsis has been sourced from open sources for your preview and non commercial use and the Title has been stored at Just Dial’s server for your preview purposes.

3.4 Further while accessing the News on JD social, you need to choose content and click on the option of News to start viewing contents of News of your choice and upon clicking on News icon, you will be redirected to the respective news contents providers’ website, as applicable, to view/watch the News. We only store the Titles of News on JD Social for your preview purposes as available on open source feeds.

3.5 Further while accessing or watching the Cricket on JD Social, you need to click on the option of Cricket to start viewing the Cricket Commentary. We redirect you to the contents providers’ site for watching cricket live/video, we generally use YouTube Plugin. Cricket Commentary is available through open source and Team related Information as declared officially and the score details are updated by internal team of Just Dial.

3.6北京28   Data charges will be applicable on the usage of Services and viewing contents on JD Social. You can also provide feedback on the application by rating the application between 1 & 5. You can customize the app by adding your profile name, profile picture, therefore making the app as more personal. Just Dial reserves the right to change the availability of Services at its sole discretion and is not responsible for any such inconvenience.

4. JD SOCIAL's USAGE RULES

4.1 Your use of JD Social must follow the rules set forth herein below ("Usage Rules"):

4.1.1 All contents/materials provided on JD Social, including but not limited to all information, materials, functions text, logos, designs, graphics, images, sounds, software, documents, products and services, and the selection, arrangement and display thereof, are the copyrighted works of Just Dial /or the respective owners of the contents/materials. All contents/materials herein and all Company software are proprietary to Just Dial or the respective owners of the contents/materials and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the contents/materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Just Dial and the respective owners of the contents/materials.

4.1.2 Just Dial hereby grants you the right to access and use JD Social only for your personal and non-commercial use. You may not use the JD Social for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

4.1.3 When the JD Social provides for the download of particular Material including a software, you may download such Material or software to a computer or mobile device (as applicable) for your personal, non-commercial use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on JD Social or the Material including the software, in whole or in part, and (c) transfer any Material or software or any part thereof to any other computer of mobile device. Any commercial or business use of JD Social or any Material including the Software is expressly prohibited.

4.1.4 You acknowledge and agree that nothing in these terms of use shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names or other proprietary rights in the JD Social or Material or any part thereof to you or any third party.

4.1.5北京28 You may not tamper with or circumvent any security technology included with JD Social.

4.1.6北京28 You may access JD Social only by using Just Dial’s software, and may not modify or use modified versions of such software.

4.1.7 The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Just Dial, subject to copyright and other intellectual property rights under the law.

4.1.8 Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Use.

4.1.9 You shall not download any Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Just Dial or the respective licensors of the Content. Just Dial and its licensors reserve all rights not expressly granted in and to the Service and the Content.

4.1.10 You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or enforce limitations on use of the Service or the Content therein.

4.1.11 You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Just Dial is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is 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 Just Dial with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Just Dial, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

4.2 USE OF PUBLIC FORUM

4.2.1 Certain sections or pages of the JD Social contain a provision for the users to post or upload comments, feedback, data, links, videos, audios, graphics, images, messages and other material ("User Content"). Through the Public Forum you can communicate with other users of JD Social.

4.2.2 You are entirely responsible for all the User Content that you upload, post, email, transmit or otherwise make available on the Public Forum. You understand that such User Content can be viewed by other users of the JD Social and therefore you shall exercise due care to ensure that such User Content does not offend or abuse other users of the JD Social. Company does not control the User Content posted on the Public Forum and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the JD Social, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Company be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available on the Site.

4.2.3 When you post or upload Your Content on JD Social, you grant Company (and its licensees, distributors, agents, representatives and other authorised users), the rights a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform or display such User Content, in whole or in part, in any form, media or technology known or hereafter developed.

4.2.4北京28 User Content posted by you shall be subject to relevant laws and may be disabled, or/and may be subject to investigation under appropriate laws. You agree that the Company may disclose or preserve User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) respond to claims that any User Content violates the rights of third-parties; or (c) protect the rights, property, or personal safety of the Company and the public. Furthermore, if you are found to be in non-compliance with the laws and regulations, these Terms of Use, or the Privacy Policy, we may block your access to JD Social and we reserve the right to remove any of User Content that is non-compliant with these Terms of Use.

4.2.5 You agree that Company has no liability or responsibility for the storage or deletion of any User Content and reserves the right to change its general practices and limits at any time in its sole discretion, with or without notice.

5. YOUR CONTENT AND CONDUCT

5.1 As a Just Dial account holder you may submit Content to the Service, including videos and user comments. You understand that Just Dial does not guarantee any confidentiality with respect to any Content you submit.

5.2北京28 You shall solely be responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Just Dial all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Use.

5.3 For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Just Dial, you hereby grant Just Dial a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service and Just Dial's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

5.4 You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of the Service and under these Terms of Use . The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Just Dial may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

5.5 You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Just Dial all of the license rights granted herein.

5.6北京28 You further agree that you will not submit to the Service any Content or other material that is contrary to applicable local, national, and international laws and regulations.

5.7 Just Dial does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Just Dial expressly disclaims any and all liability in connection with Content. Just Dial does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Just Dial will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Just Dial reserves the right to remove Content without prior notice.

6. PROHIBITED USE

6.1 As a condition of your use of JD Social, you will not use this for any purpose that is unlawful or prohibited by these Terms of Use or by any domestic or international laws, statutes, ordinances and regulations. Your use of JD Social is your sole responsibility.

6.2 You shall not, display, upload, modify, publish, transmit, update or share any information on JD Social, that –(i) belongs to another person and to which you do not have any right; (ii) 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; (iii) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming" or unsolicited commercial advertisement; (iv) harm minors in any way; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any law for the time being in force; (vii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (viii) impersonate another person; (ix) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

6.3 You agree not to distribute in any medium any part of the Service or the Content without prior written authorization from the owner of respective contents.

6.4 You agree not to alter or modify any part of the Service.

6.5北京28 You agree not to access Content through any technology or means other than Just Dial may explicitly authorize to do it.

6.6北京28 You agree not to use the Service for: (i)the sale of access to the Service; (ii) the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or (iii) You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Just Dial servers. (iv) You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.

6.7 In your use of the Service, you will comply with all applicable laws. Just Dial reserves the right to discontinue any aspect of the Service at any time.

7. JUST DIAL PRIVACY POLICY

7.1 Your access to and use of the Services constitutes acceptance of and is subject to Just Dial's Privacy Policy. You can review the most current version of the Just Dial's Privacy Policy at any time by clicking on the Privacy Policy at http://sennevent.com/Privacy-Policy.

8. INTEROPERABILITY WITH OTHER NETWORKS

8.1 The contents/materials available on JD Social may be provided on platforms that are not owned by Just Dial. These platforms may have their own Terms of Use and privacy policy and we encourage you to review those Terms of Use and privacy policy while using the contents/materials available on JD Social. Just Dial assumes no responsibility for those platforms nor the conduct of persons or entities with which you communicate on those platforms.

9. COPYRIGHT AND TRADEMARKS

9.1 Just Dial operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party. Details of that policy can be found at http://sennevent.com/Infringement-Policy. As part of Just Dial's IPR policy, Just Dial will terminate your access to JD Social if you have been determined to be a infringer. In the event of any kinds of IPRs infringement, Just Dial reserves its right to terminate your right to access to JD Social.

9.2 Unless otherwise stated, copyright and all intellectual property rights in all Materials on JD Social (including but not limited to text, audio, video, music, or images, or technology, the look and feel), trademarks and logos appearing on JD Social are the property of Just Dial and respective contents owner and are owned and controlled by them. Materials on JD Social are solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the Materials, use of the Materials on any other web site or networked computer environment or use of the Materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Company or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site, including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

9.3 We respect other people's intellectual property rights and if you believe that any content or material on JD Social infringes intellectual property rights you can write to us at .

10. LINKS

10.1 JD Social may contain the links to other websites but you should not infer or assume that Just Dial operates, controls, or is otherwise connected with these other websites. When you click on a link within JD Social, Just Dial may not warn you that you have left JD Social and are subject to the terms and conditions (including privacy policies) of another website. Please be careful to read the terms of use and privacy policy of any other website before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website. The Company is not responsible for the content or practices of any other website even if it links to JD Social and even if the website is operated by a company affiliated or otherwise connected with the Company. You acknowledge and agree that the Company is not responsible or liable to you for any content or other materials hosted and served from any website.

11. DISCLAIMER

11.1 JD Social, all the Materials made available to you through this are gathered from a variety of sources and are intended solely as general information and provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of JD Social is/are the personal opinion of such experts/consultants/persons and does not constitute or indicate our endorsement, representation or warranty of such information and are not subscribed to by JD Social. Without prejudice to the forgoing paragraph, Just Dial does not warrant that JD Social will be constantly available, or available at all; or the information on JD Social is complete, legal, true, accurate or non-misleading.

11.2北京28 You understand that Just Dial is not responsible for the security or privacy of communications. You use JD Social at your own risk. Just Dial disclaims responsibility for any actions you may take based on information that you may obtain from JD Social. Any required or optional equipment or third party plug-in applications that you use to use, access, or augment the Services, including your mobile or other device, whether required or optional, is subject to the terms, conditions, warranties and disclaimers provided by the manufacturer of such equipment or third party plug-in applications, and Just Dial makes no warranties or representations whatsoever regarding such equipment and third party plug-in applications. Please refer to the materials you received when you purchased the equipment or obtained the third party plug-in applications to understand your rights and obligations, including what warranties and disclaimers apply to you. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JUST DIAL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO SUCH EQUIPMENT OR THIRD PARTY PLUG-IN APPLICATIONS, INCLUDING ANY IMPLIED TERMS AND WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PROVISION OF ASSISTANT SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL AND AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.

11.3 TO THE FULLEST EXTENT PERMITTED BY LAW, JUST DIAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, JUST DIAL EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEP, APP, SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO JD SOCIAL AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF JD SOCIAL, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM JD SOCIAL, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH JD SOCIAL BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA JD SOCIAL. JUST DIAL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH JD SOCIAL OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND JUST DIAL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING THIRD-PARTY PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

12. LIMITATION OF LIABILITY

12.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JUST DIAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF JD SOCIAL, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM JD SOCIAL, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH JD SOCIAL BY ANY THIRD PARTY, AND/OR (V) 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, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA JD SOCIAL, 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.

12.2北京28 YOU SPECIFICALLY ACKNOWLEDGE THAT JUST DIAL SHALL NOT BE LIABLE FOR CONTENT 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.

13. INDEMNITY

13.1 To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Just Dial, its 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: (i) your use of and access to JD Social; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of JD Social.

14. GENERAL INFORMATION

a)Saving and Accessing Information:北京28 Just Dial may save on Just Dial servers the conversations and other information that you provide when using JD Social. Your use of JD Social constitutes your consent to allow Just Dial to store these communications and other information on its servers for back up, security and all other purposes set forth in this Terms of Use. You are solely responsible for the content that you use or store in connection with JD Social. Except as set forth herein, you acknowledge and agree that Just Dial does not guarantee that data associated with your account will be accessible to you, or that any data deleted, removed or rendered inaccessible can be provided to you.

b)Advertisements: You understand and agree that JD Social may include advertisements and that these advertisements are necessary for Just Dial to provide the Services.

c) Communications from Just Dial:北京28 You also understand and agree that JD Social may include certain communications from Just Dial, such as Services announcements and administrative messages and that you will not be able to opt out of receiving such communications. Your use of JD Social constitutes your consent to allow Just Dial to communicate with you using these different methods as part of the JD Social.

d)Just Dial Support:  Just Dial may elect to provide you with customer support and/or upgrades, enhancements, or modifications for JD Social (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. You understand and agree that in the event Just Dial elects to provide you with Support, such Support is provided voluntarily in Just Dial’s sole discretion and that it does not create any contractual right to receive Support and that you may not rely upon any statement or offer of Support to create a contractual right to Support.

e)Redressal Mechanism:  Any complaints or concerns with regards to content and or comment or breach of these terms, you can email to us at , with brief details of your complaint or call on our hotline No. 8888888888. Our customer service staff will acknowledge and redress your complaint on best effort basis.

f) Ability to Accept Terms of Use:北京28 You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms. We provide these Terms so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and that you have agreed to them.

g) Termination: Just Dial reserves the right, at its discretion, to immediately, with or without notice, suspend or terminate your registration, the Terms of Use, and/or your access to all or a portion of JD Social and/or remove any registration information or User Content from JD Social, for any reason. Upon termination or expiration of the Terms of Use, your obligations and Just Dial's rights and disclaimers survive, but your right to use JD Social immediately ceases. Any express waiver or failure to exercise promptly any right under the Terms of Use will not create a continuing waiver or any expectation of non-enforcement.

h) Entire Agreement:北京28 The Terms of Use and Privacy Policy, as amended from time to time, constitute the entire agreement between you and Company. If any provision of these Terms of Use is considered unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

i) Assignment:北京28 These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Just Dial without restriction.

j) International Use:北京28 JD Social is controlled and operated from or within India. Just Dial makes no representation that JD Social is appropriate or available in locations outside of India. Those who choose to access JD Social from other locations do so at their own risk and are responsible for compliance with applicable laws.

k) Force Majeure: Notwithstanding anything to the contrary in this Agreement, Just Dial shall not be liable for any delay in the performance or any non-performance of any of its obligations hereunder (and shall not be liable for any loss or damages caused thereby) where the same is occasioned by any cause whatsoever that is beyond its control including but not limited to an Act of God, war, civil disturbance, requisitioning, governmental or parliamentary restrictions, technical failure, defect in connectivity, loss of interconnectivity due to reasons beyond its control, prohibitions or enactment’s of any kind, of regulations, exchange control regulations, fire or accident, earthquakes, shipwrecks etc..

l) Choice of Law and Forum:北京28 The substantive law of India governs the interpretation of this Terms of Use and applies to all claims related to it, regardless of conflict of laws principles. You and Just Dial irrevocably consent to the exclusive jurisdiction and venue of the courts located in Mumbai, Maharashtra, in India for all disputes arising out of or relating to this Terms of Use or arising out of or relating to the relationship between you and Just Dial regardless of the type of claim.

Terms for Digital Catalogue

1. INTRODUCTION

1.1    This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of Just Dial's service via Just Dial 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 Just Dial Limited (hereinafter referred to “We”, “Our” or “Us”) and Vendors/Business entity (hereinafter referred to “You” or “Your”). You confirm that by applying, accepting, using our B2B Market Place Service (“Service”) indicates your acceptance of all the terms and conditions of this agreement, which has been clearly read, understood and accepted by you. We reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It’s your responsibility to review these Terms periodically for updates/ changes. Your continued use of our service following the posting of changes will mean that they have accepted and agreed to the revisions.

2. SERVICES: 北京28 Just Dial 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 Just Dial’s portal so that the users can directly access your products & services and check out the products & services whenever they want to. This gives user the convenience and they can decide to buy your products & services when they feel the desire or the need. Therefore, this digital catalogue may help you to increase your business in an effective way.

3. FEE: Just Dial may create digital catalogue for your business, free of cost as of now for your B2B Market Place service. However Just Dial reserves the right, at its sole discretion, to determine the cost of its service as and when it requires.

4. YOUR'S REPRESENTAION, WARRANTIES & OBLIGATION:

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

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

4.1.3北京28  the business carried on by you do not violate or infringe upon any law or regulation and all registrations, authorizations and /permission necessary approvals required for carrying on business have been procured by you; and

4.1.4北京28 all information provided about yourself to Just Dial 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 Just Dial.

4.2 You acknowledge that you shall be solely responsible for all materials/information and its use of Just Dial 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 Just Dial 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 Just Dial 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 北京28 You acknowledge that Just Dial 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 Just Dial saved and harmless from any such actions or claims that may be initiated against it. You shall also indemnify and hold indemnified Just Dial 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 Just Dial 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 Just Dial’s portals in any manner whatsoever. Any such conduct will lead to an immediate action and Just Dial at its discretion will initiate proceedings against you before appropriate forum.

4.7 北京28 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 Just Dial portals to cause any wrongful harm to Just Dial or its users. You represent that in event the loss is caused due to your negligence, then you will bear the entire loss and Just Dial shall not be responsible for the same.

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

4.9 北京28You are solely responsible for any transactions of any kind entered into between you and third parties accessing or acting in reliance on the Service. You must ensure that you shall comply with all consumers and other legislation, instructions or guidelines issued by regulatory authorities, relevant licences and any other codes of practice which apply to you.

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

4.11 北京28You 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. JUST DIAL'S OBLIGATIONS:

5.1 Just Dial reserves the right to vary the contents of digital catalogue from time to time by adding, removing or modifying content as Just Dial 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北京28 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 Just Dial.

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北京28 We will provide you with the Service as per the terms of this agreement and with the reasonable skill and care of a competent service provider. We will use reasonable endeavours to provide uninterrupted Service, but from time to time faults may occur, which we will repair as soon as reasonably practicable, but occasionally for operational reasons change the technical specification of the Service or for any other reason beyond our reasonable control suspend the Service for operational reasons such as repair, maintenance or improvement of the Service or because of an emergency. Service will be restored as soon as possible.

6. DISCLAIMER & LIMITATION OF LIABILITY:

6.1北京28 To the fullest extent permitted by law, Just Dial 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, Just Dial disclaims all guarantees 4 regarding the services and digital catalogue. You understand that there may be errors in the services. Just Dial 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. Just Dial 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 Just Dial 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, Just Dial 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 Just Dial is not entitled to rely on any contents/materials of Digital Catalogue of your business as approved by you and that the use of the Catalogue Content for any purpose is at your sole risk.

7. INDEMNITY: 北京28 You shall defend, indemnify, and hold harmless Just Dial, 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 Just Dial (including, without limitation, reasonable attorneys' fees and expenses) arising out of or in relation to or in connection with:

7.1北京28 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北京28 Any representation and warranty given by You to Just Dial under this Terms being found to be untrue, false or incorrect; or

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

7.5 Any third party claims

8. OWNERSHIP: 北京28 The ownership of the product images, specifications, descriptions & other details of digital catalogue shall be vested with you. However the ownership of digital catalogue shall be vested with us. Ownership of the Product(s) excluding the software will pass to you. The Product(s) will appear in in the name of your business. In the event of threatened seizure of the Product(s) or any other restrictions, you will immediately notify us and we may take appropriate action in this regard

9. INTELLECTUAL PROPERTY RIGHTS: All intellectual property rights in:

9.1 Just Dial Brands.

9.2 digital catalogue belong exclusively to Just Dial. 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 Just Dial. You shall not have any right to use or reproduce in any manner any intellectual property owned by Just Dial, including any trademarks, trade names, logos etc.

10. TERMS & TERMINATION: If you breach any conditions of the Terms or Just Dial receives any complaints against you from any one or for any other reasons, Just Dial shall have right to terminate this agreement forthwith and you shall immediately stop using our service. In addition to the termination, Just Dial also reserves the right to initiate appropriate legal proceedings in the event of any material breach of the terms & conditions as stipulated herein.

11. FORCE MAJEURE: If either of the party is unable to perform any obligation under this contract because of any event beyond the party's reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, epidemic or pandemic (whether or not involving employees of either party) or acts of local or central government or other competent authorities. Neither Party shall be liable for breach of this Agreement to the extent caused by or arising from any force majeure event beyond the control of such Party. If Just Dial is prevented by restrictions of a legal or regulatory nature from supplying the Service, Just Dial will have no liability to you for failure to provide the Service

12. DISPUTES RESOLUTION: 北京28 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 Just Dial at its discretion. The Arbitration and Conciliation Act, 1996 shall govern the arbitration proceedings and the place of Arbitration shall be Mumbai. Language of Arbitration shall be English. Cost of Arbitration shall be borne in equal proportion by the Parties. Attorney costs shall be borne individually by each Party. The Arbitration award shall be final and binding upon the Parties.

13. HELP DESK: For approval of any data, image of your products or digital catalogue, you can email to us at . For any complaints or grievances with regard to contents and or comment or breach of these terms, you can email to us at , with brief details of your complaint or call on our hotline No. 8888888888. Our customer service executives will acknowledge and redress your complaint on best effort basis and as per applicable Terms of Service.

14. RELATIONSHIP: The relationship of the Parties is on a "principal to principal" basis and the Parties are independent of each other and nothing contained herein is intended to or shall be deemed to create with limitation any partnership, joint venture, employment or relationship of principal and agent between the Parties hereto or between You and Just Dial or to provide either of the Parties with any right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party.

15. SURVIVAL of INFORMATION: 北京28 The terms and provisions of this agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this agreement.

16. NOTICES: 北京28 All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the registered office addresses. Notices may also be sent through emails, 6 however, such emails must be followed up with a physical notice at the above mentioned address within a period of ten (10) days.

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

18. GOVERNING LAW AND JURISDICTION: This Terms of Service shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.

19. ASSIGNMENTS: You shall not assign, in whole or in part, the benefits or obligations of this Terms of Service unless otherwise mutually agreed in writing.

Terms of use for UPI-Payments

Just Dial is acting as an intermediary between Users and HDFC Bank for providing HDFC UPI facility on its portal.

北京28These terms and conditions shall be in addition to HDFC Bank's Privacy Policy and Just Dial’s Privacy Policy and other applicable policy available at Just Dial portal.

北京28To read HDFC Bank Privacy policy,

The user of this HDFC 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 HDFC 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 HDFC Bank Ltd and may be discontinued by HDFC Bank Ltd at any time without notice.

北京28The User shall be solely responsible and liable:

For the accuracy of any personal or other information provided for availing this Facility/Service.

For Pay or Collect requests initiated through HDFC 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 HDFC Bank Mobile Banking Policy.

北京28HDFC and Just Dial 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

HDFC 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.

北京28This services are provided on an "as is, "as available" basis without any representations or warranties. Just dial 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 or call us at +91 – 8888888888

Dispute Redressal Mechanism - UPI

Dispute Redressal Mechanism - Unified Payments Interface</p>

  1. Every end-user customer can raise a complaint with respect to a UPI transaction, on the PSP app / TPAP app.
  2. End-user customer can select the relevant UPI transaction and raise a complaint in relation thereto
  3. 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
What is NPCI?

北京28NPCI is an authorized payment system operator by RBI. NPCI owns and operates UPI payment system.

What is PSP bank?

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.

What is TPAPs?

北京28Third 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.

What is Customer’s Bank?

北京28The 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.

Who is End User Customer?

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

We hereby confirm that:

  1. We Justdial Limited are a TPAP authorized by NPCI to facilitate payments through PSP Bank(s) namely HDFC BANK Limited We are a service provider and we participate in UPI through the PSP Bank.
  2. We are bound by the tripartite agreement entered with the sponsor PSP Bank HDFC BANK Limited and NPCI. We are responsible for facilitating grievances / complaints resolution of the customers on-boarded on our UPI application.
  3. 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.
Roles and Responsibilities of NPCI and TPAPs in UPI

Roles & Responsibilities of NPCI

  1. NPCI owns and operates the Unified Payments Interface (UPI) platform
  2. 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
  3. NPCI approves the participation of Issuer Banks, PSP Banks, Third Party Application Providers (TPAP) and Prepaid Payment Instrument issuers (PPIs) in UPI
  4. NPCI provides a safe, secure and efficient UPI system and network
  5. NPCI provides online transaction routing, processing and settlement services to members participating in UPI
  6. 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
  7. NPCI provides the banks participating in UPI access to system where they can download reports, raise chargebacks, update the status of UPI transactions etc.

Roles & responsibilities of PSP Bank

  1. PSP Bank is a member of UPI and connects to the UPI platform for availing UPI payment facility and providing the same to the TPAP which in turn enables the end-user customers / merchants to make and accept UPI payments
  2. PSP Bank, either through its own app or TPAP’s app, on-boards and registers the end-user customers on UPI and links their bank accounts to their respective UPI ID.
  3. PSP Bank is responsible for authentication of the end-user customer at the time of registration of such customer, either through its own app or TPAP’s app
  4. PSP Bank engages and on-boards the TPAPs to make the TPAP’s UPI app available to the end-user customers
  5. PSP Bank has to ensure that TPAP and its systems are adequately secure to function on UPI platform
  6. PSP Bank is responsible to ensure that UPI app and systems of TPAP are audited to safeguard security and integrity of the data and information of the end-user customer including UPI transaction data as well as UPI app security
  7. PSP Bank has to store all the payments data including UPI Transaction Data collected for the purpose of facilitating UPI transactions, only in India
  8. PSP Bank is responsible to give all UPI customers an option to choose any bank account from the list of Banks available on UPI platform for linking with the customer’s UPI ID.
  9. PSP Bank is responsible to put in place a grievance redressal mechanism for resolving complaints and disputes raised by the end-user customer

Roles & responsibilities of TPAP

  1. TPAP is a service provider and participates in UPI through PSP Bank
  2. TPAP is responsible to comply with all the requirements prescribed by PSP Bank and NPCI in relation to TPAP’s participation in UPI
  3. TPAP is responsible to ensure that its systems are adequately secure to function on the UPI platform
  4. 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
  5. 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
  6. 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
  7. 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.

Dispute Redressal Mechanism

  1. Every end-user customer can raise a complaint with respect to a UPI transaction, on the PSP app / TPAP app.
  2. End-user customer can select the relevant UPI transaction and raise a complaint in relation thereto
  3. 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.
  4. The complaint can be raised for both the types of transactions i.e. fund transfer and merchant transactions
  5. 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
What is BHIM UPI ID (VPA)?

Virtual Payment Address (VPA) is the key to BHIM UPI fund transfer system. This virtual payment address has replaced the need for bank account details. UPI Based PSP uses this ID for all payment transactions.
User can share this ID with merchant for receiving payment requests and sharing of bank account number is not required.

Please go to contextual menu -> UPI to check your registered JustDial UPI ID

How do I make payment to other UPI ID

To make payment to other contact or UPI ID, user needs to click on JDPay on JustDial app landing screen. Click on Send Money, select contact number or any valid UPI ID and click on Pay.

On Pay, user will be asked to enter transaction amount and message for transaction. User can pay by default bank account linked or can select other bank account for the payment. After correct enter of MPIN for the selected bank, amount will get transferred to bank account linked with Payee's UPI ID and confirmation message will be received.
Please go to JDPay -> Send Money

How do I make payment to Bank Account using my UPI ID

User can opt to Pay to bank Account from JDPay Send Money page. On clicking Pay to Bank Account, page is displayed to enter payee's bank details & amount. Money is transferred from payer's bank account linked with UPI ID to bank account of payee.

While sending money to mobile number, if mobile number does not have any JustDial UPI ID, then user can again Send Money via adding Bank Account details.
Please go to JD Pay -> Pay to Bank Account

How do I send payment request to other UPI ID

User can send request for receiving payment to any other UPI ID. User clicks on JD Pay Request Money section and selects a contact where request needs to be sent. User needs to enter amount and message to contact in order to send request successfully.

How do I pay against requests received on my UPI ID

On received Request on UPI ID from other users or BHIM PSP or merchants, all requests are displayed in UPI Requests section. User can see status of all requests in this section. User can pay or decline pending requests which are not EXPIRED. On click of Pay, user needs to pay the amount received towards in request. On entering correct MPIN for the bank account linked or selected payment is successfully transferred to Merchant or user UPI.

Where do I see all UPI requests

User can see all past UPI request under 'UPI Requests' section. This page displays requests, which is received from other UPI Ids of users or merchant along with amount and status. This section also displays requests which are sent by the user.
Please go to contextual menu -> UPI -> UPI Requests

Where do I see all transactions till date

User can see all transaction details under JDPay Passbook section. Overall transactions done on JustDial app or UPI payments are displayed in this section along with details of transaction.
Please go to contextual menu -> JD Pay -> Passbook

I have an issue with the transaction

User can raise dispute against the transaction for UPI payment from transaction passbook section. On clicking on specific transaction, details of the transaction are provided. User gets option to Raise Dispute or check the status of Dispute from this page.
Please go to contextual menu->JD Pay-> Passbook -> Transaction Details -> Raise Dispute

I wish to block a contact for UPI

User can block the contact from Transaction Detail Page. This option will allow user to block the other user/merchant. After blocking, no more request for payment can be initiated or received against the blocked user. Payment cannot be done towards the blocked user; similarly blocked contact cannot make payment towards the user.
Please go to contextual menu ->JD Pay-> Passbook -> Transaction Details -> Block User

UPI Detail - Bank Accounts

All bank accounts mapped with your UPI ID are listed in this section. Click on individual accounts provides you option to perform many tasks:

  1. Check balance : Bank balance is displayed to user by entering MPIN set for the selected bank account. On correct MPIN entered balance amount from account is fetched and is displayed to user. Please go to contextual menu -> UPI -> Bank Account -> Request for balance
  2. Check Bank Details : User can check details of the bank account in this section like Bank IFSC, Type of account, Bank Name & Masked Account Number. Status of MPIN set and option to set the account as Default is given (If account is not set as default already)
    Please go to contextual menu -> UPI -> Bank Account
  3. Set/Reset MPIN : On clicking option to Set/Reset MPIN, user can reset or set new MPIN against the bank account. MPIN is used for all bank related transactions. User needs to enter last 6 digits of Debit Card of the bank account, Expiry Date. User gets option to change MPIN by entering OTP which is received on bank registered mobile number and New MPIN. Please go to contextual menu -> UPI -> Bank Account -> Set/Reset MPIN
  4. Change MPIN : On clicking option to Change MPIN, user can change existing MPIN set against the bank account. MPIN is used for all bank related transactions. User needs to enter last 6 digits of Debit Card of the bank account, Expiry Date. User gets option to change MPIN by entering Existing MOIN, OTP which is received in SMS on bank registered mobile number and New MPIN.
    Please go to contextual menu -> UPI -> Bank Account -> Change MPIN
  5. Set Account as Default : In case of multiple bank accounts mapped, any one account can be set as default. Default account is used by default for Payment or receiving amount from UPI ID. Please go to contextual menu -> UPI -> Bank Account -> Change Set Account as Default
  6. Unlink Bank Account : User can unlick any bank account mapped with UPI ID. Once unlinked, user will not be able to make further transactions using this bank on JustDial UPI ID. It does not affect the bank account or make any changes to other UPI IDs, if same account is mapped. Please go to contextual menu -> UPI -> Bank Account -> Unlink
How do I register with BHIM UPI

北京28JustDial gives option to register on BHIM UPI. User can install JustDial app on Android/iOS devices.

  1. User registers and logs in the app.
  2. User gets option to Register UPI in sidebar.
  3. SMS is sent from user's device for validating the number at Bank.
  4. User gets list of UPI Enabled Banks.
  5. User selects bank where bank account(s) are associated with the logged in mobile number of the device.
  6. User selected an account and confirm on registration.
  7. User's UPI ID is created with Justdial handle

User can share this UPI ID with anyone for receiving requests for payments. Please go to contextual menu -> UPI -> Register UPI

How do I add more bank accounts to my UPI ID

To add more bank accounts to your registered JustDial UPI ID, user needs to use 'LINK BANK ACCOUNT'. On clicking UPI enabled bank list is provided, user selects bank where bank account(s) are associated with the logged in mobile number of the device. On selection of Bank Account and confirm new account gets linked with user's UPI ID. Please go to contextual menu ->UPI -> Link Bank Account

I wish to deregister my UPI ID

We are sorry you had bad experience with us. Do let us know about your issue and we would be happy to support you and gain your confidence. Although, if you still wish to de-register, please click on De-register option provided under UPI section in sidebar payment modes. Once de-registered all banks linked with UPI ID will be unlinked and shared UPI ID with your contacts/merchants will not function.

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