This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulations 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 123Coimbatore’s service via 123Coimbatore Portal. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.
Your acceptance of this aggreement:
This is an agreement between you ("you" or "your") and 123Coimbatore , 2rd Floor, Iswarya Complex, Netaji Rd, P N Palayam, Tamil Nadu- 641037 ("123Coimbatore" "we," or "our") that governs your use of the search services offered by 123Coimbatore through its website www.123coimbatore.com ("Website"), telephone search, SMS, WAP or any other medium using which 123Coimbatore may provide the search services (collectively "Platforms" ). When you access or use any of the Platforms you agree to be bound by these Terms and Conditions ("Terms").
We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.
In order to become a 123Coimbatore member, you must first create a member account on this Platform by providing information about yourself including name, email or mobile number and your current city of residence. 123Coimbatore may check for the validity of the email addresses or mobile numbers. You should ensure that you do not in any manner provide false and / or inconsistent and / or untrue information.
HOW YOU MAY USE OUR MATERIALS:
We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively "Materials") for the search services on the Platforms. We provide the Material through the Platforms FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.
While every attempt has been made to ascertain the authenticity of the Platforms content, 123Coimbatore 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 123Coimbatore.. 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 123Coimbatore, its subsidiaries, parent companies, and/or any third party owner of such rights.
HOW YOU MAY USE OUR MARKS:
The 123Coimbatore 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 123Coimbatore orbits 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 pertain to the material being copied. You are not authorized to use any 123Coimbatore name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of 123Coimbatore. Requests for authorization should be made to firstname.lastname@example.org
HOW WE MAY USE INFORMATION YOU PROVIDE TO US:
REVIEWS, RATINGS & COMMENTS BY USERS:
Since, 123Coimbatore 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 123Coimbatore services and also about the Advertiser's listed at 123Coimbatore 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 123Coimbatore and any materials you add to the Site or add to any mediums offered by 123Coimbatore, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you(the "Communications"). 123Coimbatore does not endorse or accept any of your Communication as representative of their (123Coimbatore) views. By transmitting any public Communication to the Site, you grant 123Coimbatore 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 123Coimbatore. You hereby waive and grant to 123Coimbatore all rights including intellectual property rights and also "moral rights" in your Communications, posted at 123Coimbatore through any of mediums of 123Coimbatore. 123Coimbatore 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 123Coimbatore reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.
123Coimbatore has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. 123Coimbatore cannot review all Communications made on and through any of the mediums of 123Coimbatore. However, 123Coimbatore reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which 123Coimbatore in its sole discretion deems inappropriate, offensive or contrary to any 123Coimbatore policy, or that violate this terms:
123Coimbatore reserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which
is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
constitutes or contains false or misleading indications of origin or statements of fact;
slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
causes injury of any kind to any person or entity;
infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
violates any applicable laws, rules, or regulations;
contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Impersonates another person or entity, or that collects or uses any information about Site visitors.
It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then 123Coimbatore reserves the right to take appropriate legal action against you. Further, you shall indemnify and protect 123Coimbatore against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments 123Coimbatore takes no responsibility and assumes no liability for any content posted by you or any third party on 123Coimbatore site or on any mediums of 123Coimbatore.
You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site or any of the mediums of 123Coimbatore.
123Coimbatore 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 123Coimbatore has no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, and material on the Platforms may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platforms or any of them including but not limited to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc.
All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Platforms.
123Coimbatore reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platforms. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.
All rights, title and interest including trademarks and copyrights in respect of the domain name and Platforms content hosted on the Platforms are reserved with 123Coimbatore. 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 123Coimbatore or its affiliates. 123Coimbatore 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 123Coimbatore.
123Coimbatore 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 123Coimbatore will at no point of time be responsible for the accuracy or correctness of such information. 123Coimbatore 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).
123Coimbatore also reserves the right to impose/change the access regulations of the Platforms, whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Platforms.
While every attempt has been made to ascertain the authenticity of the content in the Platforms, 123Coimbatore is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses etc.
Please remember that any provider of goods or services is entitled to register with 123Coimbatore. 123Coimbatore 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. 123Coimbatore has also not negotiated or discussed any terms of engagement with any of the advertisers. The same should be done by you. Purchasing of goods or availing of services from advertisers shall be at your own risk.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms.
References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Platforms.
Any use of the Platforms, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. 123Coimbatore 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. 123COIMBATORE DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND MATERIALS. 123COIMBATORE DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
123COIMBATORE 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.
123Coimbatore strongly recommends to its users/callers to verify all relevant details of vendors/services prior to availing any products/services from them. 123Coimbatore does not implicitly or explicitly endorse any product/s or services provided by the vendors/service providers.
123Coimbatore makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the advertiser, or the quality, quantity, merchantability or fitness for use of the goods or services offered by the advertiser.
Users using any of 123Coimbatore service across the following mediums i.e. through internet i.e. www.123coimbatore.com Website, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Advertiser listed with 123Coimbatore.
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 123Coimbatore does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with 123Coimbatore .Further, 123Coimbatore is not at all responsible for any act of Advertiser/s listed at 123Coimbatore.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL 123Coimbatore 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 123Coimbatore 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. 123Coimbatore DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE PLATFORMS.
THE USER OF THE PLATFORMS ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PLATFORMS AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
THIRD PARTY SITES:
MONITORING OF MATERIALS TRANSMITTED BY YOU:
Changes may be periodically incorporated into the Platforms. 123Coimbatore 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 123Coimbatore 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. 123Coimbatore 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: 123Coimbatore 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. 123Coimbatore 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 123Coimbatore, may be, defamatory, infringing or violating applicable law. 123Coimbatore reserves the right to exclude Material from the Platforms. Materials submitted to 123Coimbatore for publication on the Platforms may be edited for length, clarity and/or consistency with 123Coimbatore's editorial standards.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. You 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 123Coimbatore. 123Coimbatore 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. 123Coimbatore reserves the right to seek all remedies available at law and in equity for violations of these Terms.
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: 123Coimbatore Limited, 2rd Floor, Iswarya Complex, Netaji Rd, P N Palayam, Tamil Nadu 641037
In no event shall we or any Distribution Site have liability or be deemed to be in breach thereof 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.
These Terms constitute 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 "email@example.com" or call on our hotline No. 9791604123
13. REPRESENTATION, COVENANTS AND WARRANTIES OF MERCHANT:
Merchant has all the necessary licenses, permissions, approvals, rights and is fully authorized to sell the products/services to customers;
Merchant has full corporate power and authority to execute, deliver and perform this Agreement;
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.
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;
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;
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 123Coimbatore.
Merchant hereby agrees that 123Coimbatore 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 123Coimbatore.
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 123Coimbatore shall be entitled to debit the amount of such cancelled transaction from Merchant’s account without any further communication to Merchant.
In consideration of 123Coimbatore providing the services as provided under this agreement, Merchant shall at all times use the logo of 123Coimbatore in all their promotional material and in their advertisement after taking the written consent from 123Coimbatore.
PAYMENT & SETTLEMENT TERMS:
When a User initiates a Payment, the 123Coimbatore will process the Payment. Provided that the issuing bank authorizes the payment, 123Coimbatore 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 123Coimbatore.
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 123Coimbatore and 123Coimbatore will promptly investigate and attempt to resolve any reported discrepancies. In the event of any dispute in the reconciliation/Invoice, 123Coimbatore shall have a right to review and verify the information provided by Merchant under this Clause based on the data and information available with 123Coimbatore. It is hereby expressly agreed between Parties that in case of any discrepancy, the data and information generated by 123Coimbatore shall prevail and be binding upon the Parties and the merchant shall not challenge the same in any manner whatsoever.
123Coimbatore may suspend the processing of any Transaction / stop the payment to Merchant where 123Coimbatore reasonably believes that the Transaction may be fraudulent or involves any criminal activity, until the satisfactory completion of the 123Coimbatore’s 's investigation or that of any third party under Applicable Law. 123Coimbatore 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) 123Coimbatore, 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.
123Coimbatore may refuse to execute a Refund if it does not meet the conditions in this Agreement or is prohibited by law. If 123Coimbatore 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 123Coimbatore 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
It is acknowledged and confirmed by Merchant that 123Coimbatore may in future charge the commission percentage by notifying Merchant.
In the event of termination of this agreement, Merchant undertakes and confirms to pay all amounts of money that are due and payable to 123Coimbatore within Two (2) days of termination of this Agreement. Merchants shall at all times be responsible for any expenses, cost, charges that may be incurred by 123Coimbatore for any fees or issuing institutions etc.
123Coimbatore shall do the settlement of transaction amounts with merchants 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.
123Coimbatore may defer any Settlement Payment: (A) if the amount of such Settlement Payment is less than the minimum Settlement Payment threshold that the 123Coimbatore reasonably determines in the 123Coimbatore’s 's sole and absolute discretion (of which the 123Coimbatore will notify the Merchant from time to time), until the total Settlement Payment payable reaches that threshold; (B) where the 123Coimbatore reasonably believes that a Transaction may be fraudulent or involves other criminal activity, until the satisfactory completion of the 123Coimbatore 's investigation or that of any third party; or (C) without limit in amount or time, if 123Coimbatore 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.
123Coimbatore 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.
123Coimbatore will make the settlement of the amount in the Merchant’s bank account provided by the Merchant to 123Coimbatore.
Merchants shall be liable to deposit all indirect taxes that may arise on orders/bookings placed by the Customer. Merchant agrees to indemnify 123Coimbatore 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.
123Coimbatore is only acting as a facilitator for receipt of payment of goods/services for Merchants. 123Coimbatore does not maintain/deliver any goods at any point of time and property in goods does not pass to 123Coimbatore under any circumstances. 123Coimbatore 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.
123Coimbatore 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.
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 123Coimbatore with Reserve of such amounts as may be requested by 123Coimbatore 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 123Coimbatore. If you fail to provide 123Coimbatore with Reserve within seven (7) days of receipt of notice for the same, 123Coimbatore reserves the right to suspend and/or terminate the Settlement Amount payable to you without further notice. 123Coimbatore may use this Reserve to set-off including but not limited to any Outstanding Amounts payable by you to 123Coimbatore, Financial Institution and/or Customers.
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 123Coimbatore and/or the Financial Institution the remaining amount due immediately upon request. 123Coimbatore 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 123Coimbatore 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 123Coimbatore to recover all such losses, costs and damages etc from you by any other means, which may be available to 123Coimbatore 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 the same from you.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS:
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.
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.
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.
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.
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.
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.
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.
Both Parties have agreed that, save and except with the prior written consent of the other Party:
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.
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.
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 123Coimbatore the terms and conditions of this Agreement & all confidential Information, documents, manuals and other materials provided by the other Party, during the subsistence & survival of this Agreement.
Upon the expiration, cancellation or termination of this Agreement, each Party shall forthwith stop using and, return or destroy all Confidential Information, documents, manuals and other materials provided by the other Party. Upon request, the receiving Party shall send the disclosing Party a certificate specifying that all the Confidential Information, documents, manuals and other materials have either been destroyed or returned.
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.
WARRANTIES AND INDEMNITIES:
The Merchant warrants and represents that all information provided to 123Coimbatore is true and accurate in every respect and the Merchant will keep all such information up to date during the Term.
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 123Coimbatore PAY meet all Applicable Law in the Territory and the provision of the Services by 123Coimbatore will not contravene any such Applicable Law. If it is determined that such acts do contravene any Applicable Law, 123Coimbatore may terminate this Agreement immediately.
LIMITATION OF LIABILITY:
This clause sets out the entire liability of the parties (including any liability for the acts or omissions of their respective employees, agents and subcontractors) 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: 123Coimbatore makes no representations or warranties, express or implied, with respect to Merchant ability, fitness for a particular purpose or non-infringement; 123Coimbatore does not warrant or guarantee that Merchant will achieve any level of sales, revenue or profit;
Nothing in this Agreement shall limit or exclude the liability of either party for death or personal injury resulting from negligence; fraud or fraudulent misrepresentation; the indemnification obligations; or any other liability that cannot be excluded by Applicable Law.
Without prejudice to above clause: 123Coimbatore’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;
THIS SERVICES ARE PROVIDED ON AN “AS IS, “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES. 123COIMBATORE 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 123COIMBATORE EXCEPT AS EXPRESSLY SET FORTH HEREIN.
123COIMBATORE 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 123COIMBATORE SHALL BEAR NO RISK WITH RESPECT TO MERCHANT’S SALE OF PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY RISK ASSOCIATED WITH CHARGEBACKS OR FRAUD IN ANY MANNER WHATSOEVER.
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, MERCHANT EXPRESSLY AGREES THAT 123COIMBATORE 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;
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.
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.
The Parties have right to terminate this Agreement forthwith by a notice in writing to the other Party, if other Party has committed any material breach of its obligations specified under this Agreement or has violated any law under which its right to business may cease and has failed to remedy the highlighting such breach or non-performance within one week.
Each Party shall have the option to terminate this Agreement, by giving notice in writing, in the event that any other Party becomes insolvent, goes into liquidation or a liquidator is appointed to wind up the Company.
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. 123Coimbatore 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.
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 parties. 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.
GENERAL PROVISIONS :
Assignment: Neither Party shall assign the obligations nor any of the benefits under this Agreement to any person, firm or company, save and except with prior written permission from the other party.
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.
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 123Coimbatore, 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.
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 Chennai, India. The proceedings of arbitration shall be in the English or Tamil 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.
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.
Entire Agreement: This Agreement constitutes the entire Agreement between Merchant and the 123Coimbatore pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the parties.
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.
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.
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 Coimbatore.
Banned/Prohibited list of Products and Services referred to in this Agreement is as mentioned herein below:-
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.
Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.
Body parts which include organs or other body parts.
Bulk marketing tools which include email lists, software, or other products enabling unsolicited email messages (spam).
Cable descramblers and black boxes which include devices intended to obtain cable and satellite signals for free.
Child pornography which includes pornographic materials involving minors.
Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection
Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials
Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.
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
Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms
Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction
Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrollment in online gambling sites, and related content
Government IDs or documents which include fake IDs, passports, diplomas, and noble titles.
Hacking and cracking materials which include manuals, how-to guides, information, or equipment enabling illegal access to software, servers, website, or other protected property.
Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.
Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes.
Offensive goods which includes literature, products or other materials that:
Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors
Encourage or incite violent acts
Promote intolerance or hatred.
Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals.
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.
Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable, and radioactive materials and substances
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
Securities which includes stocks, bonds, or related financial products
Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products
Traffic devices which include radar detectors/jammers, license plate covers, traffic signal changers, and related products.
Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments
Wholesale currency which includes discounted currencies or currency exchanges
Live animals or hides/skins/teeth, nails and other parts etc of animals.
Multi-Level Marketing collection fees
Matrix sites or sites using a matrix scheme approach
Work-at-home approach and/or Work-at-home information
Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international includes the laws of India.
Merchant providing services that have the potential of casting 123Coimbatore 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.
Businesses or websites 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).
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.
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 123Coimbatore 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.
Bulk marketing tools which include email, lists, software, or other products enabling unsolicited email messages (spam).
Web-based telephony/ SMS/Text/Facsimile services or Calling Cards. Bandwidth or Data transfer/ allied services. Voice process /knowledge process services.