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TERMS OF USE



BY ACCESSING OR USING THIS APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, PRIVACY POLICY, TERMS OF TRADE, RETURN POLICY AND SUCH OTHER AGREEMENTS, AS MAY BE ADOPTED BY US FROM TIME TO TIME. PLEASE READ THESE AGREEMENTS CAREFULLY BEFORE ENTERING INTO A TRANSACTION ON THIS APPLICATION.

THIS DOCUMENT IS AN ELECTRONIC RECORD UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES 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 RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS TO OR USAGE OF THIS APPLICATION.

1. General

1.1. The Application is owned and operated by Simbiz Technologies, 240/410/2,Roopena Agrahara, 1st Cross, N.G.R. Layout, Opp: Reddy School, Off: Hosur Mani Road, Bengaluru - 560068.

1.2. Your use of the Application is governed by the following Terms of Use as applicable and the Agreements (defined below) provided separately on the Application and which are or may hereafter be incorporated herein by way of reference ("Terms of Use"). If You transact on the Application, You shall be subject to the Agreements / that are applicable to the Application for such Transaction. By mere use of the Application, You shall be contracting with Simbiz Technologies, and these Terms of Use including the Agreements constitute Your binding obligations, with Simbiz Technologies.

1.3. For the purpose of these Terms of Use, wherever the context so requires:

(a) "Application" means the proprietary Simpel Platform or applications which enables the Buyer to access the catalogue of Products and place orders for specific Products

(b) "Buyer" means a User who places an order for purchase of Products and Services on the Application.

(c) "Device" means any device containing the Application;

(d) "GST" means the goods and service tax as levied under the Central Goods and Services Tax Act and Rules (CGST), Integrated Goods and Services Tax Act and Rules (IGST), State Goods and Services Tax Acts and Rules (SGST) levied by the States, Union Territory Goods and Services Tax Act and Rules (UTGST) levied by the Union Territories, and all allied cesses, duties and taxes.

(e) "KYC Documents" means such 'know your customer' documents as may be required to be submitted by the Buyers to Simbiz Technologies from time to time.

(f) "Profile" means the individually identifiable profile of Users create at the time of registering on the Application;

(g) "Transaction" means the process of placing an order for the Products or availing the Services;

(h) "User Content" means content including data or information of You, including Your Product rating, comments, reviews in relation to Products or the Application, suggestions, questions or other information and includes any material that is generated, as a whole or in part, on the Application, including, communication between Users, analytics and reports, trends, patterns, notes, messages, emails, posts and other communication that Users provide or receive, through the Application;

(i) "We", "Us", "Our", or "Simbiz Technologies" means Simbiz Technologies or any of its subsidiaries; and

(j) "You" or "User" means any legal person who is given access to use the Application, including by creating a Profile or as an unregistered user.

1.4. Simbiz Technologies owns and manages the Application, to enable the display and sale of various products ("Products"), and incidental and ancillary services thereto ("Services"). The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.

1.5. By accessing or using this Application, You agree to be bound by these Terms of Use and other applicable policies, such as Privacy Policy, Returns, Refunds, Replacement and Cancellation Policy etc., as set out under the Section 'Policies'/'Agreements' ("Agreements"). In the event that there are any conflicts between (a) the Privacy Policy and any other Agreements (other than these Terms of Use), the Privacy Policy shall take precedence to the extent of the conflict; (b) these Terms of Use and any other notices, disclaimers or guidelines appearing on the Application, these Terms of Use shall take precedence to the extent of the conflict. These Terms of Use together with the Privacy Policy, and the other Agreements, together with all other notices, disclaimers, guidelines appearing on the Application from time to time, constitute the entire agreement upon which You are allowed to access and use the Application to purchase Products and avail the Services.

1.6. On the condition that You comply with these Terms of Use and the Agreements, We grant You a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Application on the Device. You are not to modify the Application, or any portion of it. This licence does not include any collection and use of any Product listings or prices; any derivative use of this Application or its contents; any downloading or copying of account information for the benefit of another person; or any use of data mining, robots, or similar data gathering and extraction tools.

1.7. This Application or any portion of this Application, including but not limited to any copyrighted material, trademarks, or other proprietary information shall not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose.

1.8. You release and indemnify Simbiz Technologies and / or any of its directors, officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Application and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Simbiz Technologies cannot take responsibility or control the information provided by third parties on the Application. You may find such information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Application. Please note that there could be risks in dealing with people acting under false pretence.

1.9. The price of the Product is displayed in Indian Rupees. The price unless specified otherwise is inclusive of all applicable taxes including GST, customs duty, excise duty or other tax or levy that the User may be required to remit in connection with such a Transaction. The price is provided on the Application on an 'as is' basis. Due to technical reasons there may be errors in price which may be corrected by Simbiz Technologies at any time and any acceptance of offer of sale by the Users of the Products subject to such faulty selling price shall, subject to Your discretion, not be a valid acceptance and such Transaction can be avoided by You.

1.10. Simbiz Technologies is not responsible for any damages to the Products, or Products being out of stock, unavailable or back ordered.

1.11. The Buyer understands and agrees that the offer for sale of the Product by Simbiz Technologies is not an absolute or an unconditional offer. Such offer to sell is subject to repudiation by Simbiz Technologies at any time before the delivery of the Product to the Buyer and without any obligation to assign or provide any reason for such repudiation and without any consent from the Buyer and without any liability or any obligation towards the Buyer. You understand and agree that Simbiz Technologies has the right to cancel any Transaction, listing or acceptance (a) for any reason in accordance with the Agreements, or (b) under an order or instruction from any statutory, quasi-judicial or judicial authority.

1.12. The availability of the Product under the offer to sell is subject to change without notice prior to the purchase of the Product by the Buyer. However, there may be circumstances where the Product may not be available to be delivered to the Buyer after the purchase transaction. In such an event, You may cancel or instruct Simbiz Technologies to cancel such Transaction without any recourse to You and without any liability to Simbiz Technologies. If Your order is so cancelled after some payments for the order have been processed, the said amounts will be reversed / remitted to the Buyer in accordance with the Agreements.

2. Access to the Application and Services

2.1. You may access and use the Application only if You are 18 (eighteen) years of age or older and are legally capable of entering into a binding contract as per applicable law, including, in particular, the Indian Contract Act, 1872. Simbiz Technologies reserves the right to terminate Your membership and / or refuse to provide You access to the Application if it is brought to Simbiz Technologies notice or if it is discovered that You are a minor, insolvent or in any manner barred from entering into a contract.

2.2. When You use the Application or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records or otherwise from Us periodically to the electronic or residential address provided to us at the time of registration, and as and when required. Simbiz Technologies may communicate with You by email or by such other mode of communication, electronic or otherwise.

2.3. Simbiz Technologies will undertake reasonable efforts to ensure that availability of the Application will be uninterrupted and that transmissions will be error-free. However, due to the inherent nature of the internet, this cannot be guaranteed. The Application may also be occasionally suspended or restricted to carry out repairs, maintenance, or the introduction of new facilities, upgradations or services at any time without prior notice. Notwithstanding anything to the contrary, Simbiz Technologies reserves the right to refuse access to the Application to new users or to terminate access granted to existing Users at any time.

3. Your Profile and Your Information

3.1. Buyers are required to register on the Application by submitting the requisite documents and information (including KYC Documents) and subsequently creating a Profile. Upon successful registration, Buyers will be issued a username and password which are linked to Your Profile. These are non-transferable. Please keep this information confidential as You are responsible for all acts or omissions committed on the Application using Your username or password and for all the information / content posted under Your Profile. Buyers are prohibited from selling, trading, or otherwise transferring their Profiles to other persons. Representatives of Simbiz Technologies may assist the Buyers with creating their account and registering them on the Application.

3.2. By creating a Profile, You confirm that the information in Your Profile is accurate, genuine and will be regularly updated and You shall immediately notify Us of any un-authorized use of Your Profile or any other breach of these Terms of Use or security known to You.

3.3. By creating a Profile, You will be responsible for maintaining the confidentiality and security of Your Profile, and are fully responsible for all activities that are carried out through Your Profile. You agree to (a) immediately notify Simbiz Technologies of any unauthorized use of Your Profile or any other breach of security, and (b) ensure that You exit from Your Profile at the end of each session. Simbiz Technologies cannot and will not be liable for any loss or damage arising from Your failure to comply with these requirements.

3.4. Simbiz Technologies does not pre-screen Your Profile information or User Content. However, Simbiz Technologies at its discretion and in accordance with applicable law may monitor any content or information posted by You and may remove any User Content from the Application if Simbiz Technologies determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. Where Simbiz Technologies removes User Content from the Application, Simbiz Technologies will make reasonable efforts to inform the User who had posted such User Content. Such actions do not in any manner, negate or dilute Simbiz Technologies position as an intermediary or impose any liability on Simbiz Technologies with respect to User Content.

 

3.5. Further, You authorize Us to:

(a) collect, use, share, process and store all information provided by You and Your access information including the IP address, IMEI number and MAC address of the Device from where the Application was accessed;

(b) either directly, or through third parties, verify and confirm information in Your Profile;

(c) contact You using the information in Your Profile and provide promotional materials that may be of interest to You;

(d) use any and all of the information provided by You to create Your Profile; and

(e) modify, limit or delete Your Profile as may be required.

4. Use of the Application

4.1. The Application is utilized by Users to interact with Simpel for their Transactions. Registration and membership on the Application is free for Buyers. Simbiz Technologies does not charge any fee for browsing on the Application. Simbiz Technologies reserves the right to change its fee policy from time to time.

4.2. You agree not to host, display, upload, modify, publish, transmit, update, share or otherwise make available on the Application any information, that:

(a) contains content or other material protected by intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

(b) defames, abuses, harasses, stalks, hurts religious or ethnic sentiments of, threatens or otherwise violates the legal rights of others;

(c) 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;

(d) infringes any patent, trademark, copyright or other proprietary rights;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) abets or assists with impersonating another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or disrupts public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;

(j) conducts or forwards surveys, contests, pyramid schemes or chain letters;

(k) creates profiles or provides content that promotes escort services or prostitution;

(l) uses any other internet service to send or post spam to drive visitors to any other site hosted on or through Our systems, whether or not the messages were originated by You, under Your direction, or by or under the direction of a related or unrelated third party; or

(m) contains any content which is non-compliant with the Information Technology Act, 2000, Rules and regulations, guidelines made thereunder, including Rule 3 of The Information Technology (Intermediaries Guidelines) Rules, 2011, the Indian Penal Code, 1860, Terms of Use or Privacy Policy, as amended / re-enacted from time to time.

4.3. You further agree to make use of the Application in a bona fide manner. In particular, You agree not to:

(a) print, distribute, share, download, duplicate or otherwise copy, delete, vary or amend or use any data or information posted by any User other than You;

(b) use or attempt to use another person's Profile;

(c) attempt to gain unauthorized access to any portion or feature of the Application, or to any server, computer, network, or to any of the Services by hacking, password "mining" or any other illegitimate means;

(d) probe, scan or test the vulnerability of the Application or breach the security or authentication measures on the Application;

(e) use any automated systems to extract data from the Application;

(f) make any inaccurate, false, unfair or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or any User on the Application;

(g) make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Simbiz Technologies group company, affiliates, or Simbiz Technologies on the Application or otherwise tarnish or dilute any Simbiz Technologies group company or Simbiz Technologies trade or service marks, trade name and / or goodwill associated with such trade or service marks, trade name as may be owned or used by Us;

(h) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application or Our systems or networks, or any systems or networks connected to Us;

(i) circumvent or manipulate our Application, Services, registration process, billing system, or attempt to do so;

(j) engage in commercial activities and / or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Application.

(k) engage in deceptive, fraudulent, anti-competitive practices or other invalid means to meet the other User's requirements; or

(l) engage in any form of fraudulent traffic generating methods including use of robots, spiders, auto-spawning browsers, auto reloading, meta refreshes or any other form of fraudulent and artificial traffic.

4.4. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force) and international laws, foreign exchange laws, Statutes, Ordinances and Regulations (including, but not limited to GST, income tax, octroi, service tax, central excise, custom duty, local levies) regarding Your use of the Application and Your listing, purchase, solicitation of offers to purchase, and sale of Products. You shall not engage in any transaction in an item or service, which is prohibited by applicable law.

4.5. Unless otherwise specified, the material on the Application is presented solely for the purpose of sale in India. Simbiz Technologies makes no representation that the Products on the Application are appropriate or available for use in other locations other than India. Those who choose to access the Application from other locations / countries other than India, do so on their own initiative and Simbiz Technologies is not responsible for such actions.

4.6. The Buyers hereby represent, warrant and undertake that they shall not use the Products purchased from the Application for their personal use, and that all such Products shall only be utilised for onward sale to end consumers.

5. Payment

5.1. You agree that the Transactions, transaction price and all commercial terms such as dispatch of Products and / or Services are principal to principal bipartite contractual obligations between the Users and the payment facility is merely used by the Users to facilitate the completion of Transactions, unless specifically set out by Simbiz Technologies on the Application. Buyers may be required to pay additional charges / fees for Services availed by them on the Application. Use of the payment facility shall not render Simbiz Technologies liable or responsible for non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the Products and / or Services listed on the Application. All payments made against the purchase of Products on the Application shall compulsorily be in Indian Rupees. The Application will not facilitate Transaction with respect to any other form of currency. The Application facilitates payments through: (i) cash, (ii) net banking, (iii) credit / debit card; and (iv) e-wallets or any other facilities as set out in the Agreements. A portion of the price of the Products may be required to be paid by the Buyers as an advance, and the balance amount of the Price will be required to be paid prior to the delivery of the Products. Simbiz Technologies reserves the right to change the advance and balance payment percentages/portion with respect to the order total at its sole discretion without any prior notice to buyers. Buyer shall be responsible for reviewing these changes and informing himself/herself of all such applicable changes.

5.2. Cash:

(a) Cash is available as a payment method for the Users. Eligible Products will be indicated by the message "Eligible for payment by cash" on the Product details page. You will need to make the payment before opening the Product packaging. There may be nominal additional processing charges, which can be viewed at the time of placing the order and in all order related emails. This charge shall not be refunded if a Product is returned or if the cancellation request is raised after the Order is shipped.

(b) You hereby specifically authorize Simbiz Technologies or its service providers to collect, process, facilitate, and remit payments and / or the transaction price electronically or by cash to and from You in respect of Transactions through payment facility. You agree that Simbiz Technologies is an independent contractor for all purposes and does not have control of or liability for the Products or Services that are listed on the Application and paid for by using the payment facility.

5.3. Net banking:

All online bank transfers from valid bank accounts are processed using the payment gateway provided by the respective issuing bank which supports payment facility to provide these Services to the Users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between the Users and the respective issuing bank.

5.4. Credit / Debit cards:

All valid credit / debit / cash card / and other payment instruments are processed using a credit card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between Users and the respective issuing bank and payment instrument issuing company. The information provided by a User will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. The User will be solely responsible for the security and confidentiality of their credit / debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of the User's credit / debit card. You must use Your own credit / debit card for a Transaction.

5.5. E-wallets:

Payments through e-wallets are processed through third party service providers. The same will also be governed by the terms and conditions agreed to between Users and the respective payment instrument issuing company.

5.6. Buyers may also avail of financing facilities from financial partners identified by Simbiz Technologies, in which case the payment for the Products will directly be received from such financial partners. Simbiz Technologies will not guarantee or be responsible in any manner, for the obligations of the Buyers under such financial arrangements between the Buyers and the financial partners.

5.7. You understand, accept, and agree that the payment facility provided by Simbiz Technologies is neither a banking nor financial service, and that Simbiz Technologies is merely a Service Provider providing an electronic, automated online electronic payment facility for receiving payment through cash, collection and remittance for transactions on the Application using the existing authorized banking infrastructure and credit card payment gateway network. Further, by providing payment facility, Simbiz Technologies neither acts as a trustee nor fiduciary with respect to transaction or transaction price.

5.8. You shall comply with all applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using payment facility and Application.

6. Logistics and Fulfilment Services Policy

6.1. You are obligated to collect / take delivery of the Products purchased by You, that are said to be in a deliverable state. In the event of non-acceptance or refusal to collect / accept the delivery of the Products ordered by You, You may be liable to Simbiz Technologies, for such non-acceptance and shall further be liable to Simbiz Technologies for any loss of any fee or charges that Simbiz Technologies shall have earned if such delivery or Transaction should have been completed. You acknowledge that such damages or loss to Simbiz Technologies are not consequential or indirect. You will be asked to sign a collection / delivery form, in which You confirm that the Product was collected / delivered in the correct condition (without obvious defects or damage).

6.2. Delivery charges are not hidden charges and are charged (if at all) extra depending on the Buyer's and Our Logistics and Fulfilment Services Policy. Delivery times are influenced by Product availability, geographic location of the person from whom Simbiz Technologies sources the Product, Your shipping destination and the courier partner's time-to-deliver in Your location. Products are only delivered on business days. Apart from Sundays, there are certain holidays throughout the year that are not considered as business days.

7. Intellectual Property

7.1. The intellectual property in the Application, and in the material, content and information made available on the Application including graphics, images, photographs, logos, trademarks, the appearance, organisation and layout of this Application and the underlying software code belong to Us or Our licensors. You must not copy, modify, alter, publish, broadcast, distribute, sell or transfer (whether in whole or in part) any of material referred to above. The information provided on the Application and the Products are for Your personal use only.

7.2. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Simbiz Technologies without our prior written consent. You may not use any meta tags or any other "hidden text" utilisingSimbiz Technologies or its affiliates' names or trademarks without the prior written consent of Simbiz Technologies and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by Simbiz Technologies and / or its affiliates, as applicable.

7.3. All material on the Application, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute any material in any way, including by email or other electronic means and whether, directly or indirectly, You must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website / networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which You receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.

8. User Content

You grant Us license to use and modify all User Content in which You may hold any intellectual property rights. We can, consistent with Our Privacy Policy, use the User Content, including for creating databases, creating derivative works, analysing data, analysing trends and usage, and in any other manner.

The User hereby affirms that the information provided by him / her is true, correct and complete to the best of his / her knowledge and belief. The User agrees and understands that he / she will be solely responsible in the event of any inaccuracy or deviation therefrom at a later stage.

9. Contents Posted on the Application

9.1. The Application and the processes, and their selection and arrangement, including but not limited to the text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Application is owned and controlled by Simbiz Technologies or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Application, by no means are any rights impliedly or expressly granted to You in respect of such content. Simbiz Technologies reserves the right to change or modify such content from time to time at its sole discretion.

9.2. You may use information on the Products and Services purposely made available on the Application for downloading, provided that You (a) do not remove any proprietary notice language in all copies of such documents, (b) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (c) make no modifications to any such information, and (d) do not make any additional representations or warranties relating to such documents.

10. Privacy Policy

Any personal information You supply to Us when You use this Application, or the Device will be used in accordance with Our Privacy Policy. The personal information / data provided to Us by You during the course of Your usage of the Application or the Device will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations.

11. Infringement and Take Down Policy

11.1. We are committed to removing listing or content on the Application which infringes any intellectual property rights of others. To facilitate this, We have a verification process so that the Users who are intellectual property owners could easily report listings or content that infringe their rights. In the event that You believe that Your intellectual property right has been infringed by any of our Users, please email Us immediately at grievance @simpel.in along with the information set out below:

(a) Description of the alleged intellectual property right that has been infringed along with adequate information to identify the intellectual property, including URL or screen shots of the listing / content on our Application;

(b) Details establishing that the complainant is the owner or the exclusive licensee of the infringed intellectual property;

(c) Details of the person, if known who is responsible for uploading the listing / content, infringing Your intellectual property;

(d) Undertaking that You will file an infringement suit in a competent court against the User responsible for uploading the infringing intellectual property, and undertaking that You shall produce the orders of the court to Us within 21 days from the date of receipt of infringement notice; and

(e) Your address, telephone number, and email address.

11.2. We will respond to all infringement notices and will comply with all applicable law in relation to the take down of such listings or content on the Application. We also reserve the right to terminate a User's account if the User is guilty of such infringement.

11.3. When You send Us an infringement notice, You: (i) declare that all statements made by You are true; (ii) acknowledge and agree that We may share Your infringement notice with third parties including the parties involved in the allegedly objectionable activities / infringing activities, our group companies, our legal advisors and other third parties; (iii) You agree to indemnify Us in the event Your notice is issued with any malafide intentions and we suffer any loses for taking action based on Your notice.

11.4. On receipt of Your notice and we will verify the allegations and if We find that the alleged listing / content is infringing Your intellectual property rights, We shall remove the listing / content with 36 (thirty six) hours of the receipt of Your notice.

11.5. Simbiz Technologies has the right to restore listing of the Product in the event that You are unable to produce the orders of the competent court having jurisdiction as set out above. We are further not obligated to respond to any further takedown notices in relation to same alleged infringements.

12. Breach of these Terms of Use

If You have, or if We have reasonable grounds to believe that You have, violated these Terms of Use or any Agreements or any other additional terms that apply to You, We reserve the right to suspend or terminate Your access to the Application at any time, forfeit any amounts paid by You, take all such remedies available to Us and report such action to relevant authorities.

13. Third Party Sites

All third party advertisements, hyperlinks or other redirection tools on the Application which take You to content operated by third parties are not controlled by Us and do not form part of the Application. We are not liable for any loss or harm that may occur to You as a result of such sites.

14. Disclaimer and Limitation of Liability

14.1. The access to the Application is provided on an "as is" and "as available" basis without any representation or warranty, express or implied. We do not warrant that:

(a) the Application will be constantly available, or available at all. We shall have no liability to You for any interruption or delay in access to the Application, irrespective of the cause;

(b) the information on the Application is complete, true, accurate or non-misleading;

(c) that the Application is secure or free of viruses, trojans or other malware; or

(d) the contents of the Application do not infringe any intellectual property rights.

14.2. We shall not be liable for any direct, special, punitive, incidental, indirect or consequential damages including but not limited to any loss of profits, revenue, contracts, anticipated savings, goodwill, expenditure, business or data of any kind in connection with these Terms of Use, or any Transactions that occur on the Application. Our combined liability (if any) for any losses or claims arising out any Transaction shall not exceed the total fees paid to Us for such Transaction.

14.3. Simbiz Technologies neither recommends You to buy nor sell any Products on the Application nor does Simbiz Technologies endorse, control or accept any responsibility for any such Products and nor does Simbiz Technologies (unless expressly stated otherwise) provide any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, merchantability, fitness of the Product or Service, offer to sell or transactions of sale or purchase of Products on the Application or non-infringement of third party intellectual property rights.

14.4. Simbiz Technologies does not accept any liability for any errors or omissions, whether on behalf of itself or third parties.

15. Indemnity

You agree to indemnify Simbiz Technologies, its affiliates and its licensors and their respective officers, directors, agents, and employees, on demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment which We may pay, suffer, incur or are liable for, in relation to any act You do or cause to be done, in breach of the Terms of Use or any additional terms applicable to You or Your violation of any law, rules or regulations.

16. Amendments to the Terms of Use

We may amend or replace these Terms of Use, and other Agreements / policies on the Application from time to time, by updating this document. Your use of the Application following the posting of changes will mean that You accept such changes.

17. Severability and Waiver

If any provisions of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

18. Relationship between Us and Users

Neither usage nor registration on the Application creates an association, partnership, venture or relationship of principal and agent, master and servant or employer and employee between the User and Us.

19. Applicable Law, Jurisdiction and Dispute Resolution

19.1. If the parties are unable to resolve any such dispute or difference within a period of thirty (30) days, then any such dispute or difference arising out of, under, or in connection with this Agreement, including any question regarding its formation, existence, validity, enforceability, performance, interpretation or the breach, termination or validity thereof, shall be referred to and finally resolved by arbitration in accordance with the provisions of Arbitration and conciliation Act, 1996 as amended from time to time.

19.2. The arbitral tribunal shall consist of three arbitrators, one appointed by each party and the said 2 appointed arbitrators by the parties shall appoint the presiding arbitrator. The venue of the arbitration shall be Mumbai and the language of the arbitration shall be English.

19.3. The arbitral tribunal shall have the authority to order reasonable discovery including but not limited to: the identification of witnesses, the deposition of witnesses, the production of documents, including but not limited to the exchange of any documents with a specific bearing on the interpretation of the Agreement and a party's performance under the Agreement, and the production of any exhibits upon which a party intends to rely at the Arbitration. There shall be a hearing unless the parties agree in writing that the Arbitral tribunal may decide the case solely on the documents submitted by the part. The arbitral tribunal will be empowered to impose costs on any party that seeks adjournment of the proceedings or hearings, or fails to comply with any directions of the Arbitral Tribunal. After 60 days written notice to the parties, the arbitral tribunal also will be empowered to dismiss the claims or strike off the defence of a party that fails to deposit the costs referred to above, pay the fees of the arbitrators, or costs as directed by the tribunal towards conduct of the arbitration proceedings.

19.4. The arbitral award shall be in writing and shall state the grounds upon which it is based. The arbitral award shall be final and binding on the parties. Unless costs are awarded in the arbitration proceeding, all expenses, costs incurred by the parties in connection with such arbitration will be borne by the party jointly except for the legal fees of the Parties. Judgment upon any award rendered by the Arbitrator may be entered by any court having jurisdiction over the parties or their assets, or an application may be made to such court for judicial recognition of the award or an order of enforcement thereof, as the case may be. This paragraph shall survive the Termination or expiry of this Agreement.

19.5. These Terms of Use and applicable additional terms / policies shall be governed by and interpreted and construed in accordance with the laws of India. Subject to the above paragraph of this clause, any disputes pertaining to the Application shall be subject to the exclusive jurisdiction of the appropriate courts in Mumbai.

20. Grievance officer

In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

You may write to him at the following address:

Name: Bharath Reddy

Address: Simbiz Technologies, 240/410/2, Roopena, Agrahara, 1st Cross, N.G.R. Layout, Opp: Reddy School, Off: Hosur Mani Road, Bengaluru - 560068. Karnataka, India

Email: grievance@simpel.in

Phone Number: +91-9418536349

Please contact Grievance Officer for any questions or comments (including all inquiries related to copyright infringement) regarding the Application.

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