Terms and conditions for(CLICKNGETS Sender)
We may amend these Terms at any time by posting a revised version on www.CLICKNGETS.com or mobile site i.e., http://wap.CLICKSNGET.com/?m=1 any other website we maintain for purposes of providing the CLICKNGETS Services. Amended Terms are effective at the time we post them and your continued use of the CLICKNGETS Services constitutes your acceptance of any amended Terms. We may notify you regarding upcoming Terms changes by us.
INTRODUCTION
This TERMS OF USE FOR CLICKNGETS Services governs the terms of your use of CLICKNGETS Services offered by CLICK N GETS MEDIA CORPORATION. (herein after referred to as CLICK N GETS MEDIA CORPORATION)
BY REGISTERING FOR OR USING CLICKNGETS Services, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THE CLICKNGETS Services.As the CLICKNGETS Services owned by CLICK N GETS MEDIA CORPORATION, hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of CLICK N GETS MEDIA CORPORATION.
When you use CLICKNGETS Services provided by CLICK N GETS MEDIA CORPORATION, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to usage of CLICKNGETS Services. You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the CLICKNGETS Services.
DEFINITIONS
“Account” refers to the account created for a User as soon as he successfully completes the process of registering at www.CLICKNGETS.com, which contains information regarding his CLICKNGETS Services, which permit payment and domestic money remittance as per RBI direction, as amended by RBI from time to time.
“Customer” “or” “you” mean a person who has registered with CLICK N GETS MEDIA CORPORATION for availing the CLICKNGETS Services and who has accepted these Terms and Conditions and, owns/operates/has access to an internet compatible device that supports the CLICKNGETS Services.
“Charge(s)” or “Service Charge” shall mean the charges which CLICK N GETS MEDIA CORPORATION may levy upon you in consideration for subscribing to the CLICKNGETS Services.
“Eligible” means satisfying the conditions of eligibility prescribed under these T&Cs.
“KYC” stands for Know your Customer and refers to the various norms, rules, laws and statutes issued by RBI from time to time under which CLICK N GETS MEDIA CORPORATION is required to procure personal identification details from you before any services can be delivered. Know your Customer (KYC) documents may be required by CLICK N GETS MEDIA CORPORATION from the Customer at the time of Registration and/ or on a later date, for availing and / or continuation of the CLICKNGETS Services.
“CLICKNGETS Services” allows its registered users to: a) to make a payment via payment gateway internet enabled links which shall be sent on their email/sms/links; or b) scan QR Codes placed on posters or other media displayed at Merchant’s establishment to enable you to quickly and easily make payment via method internet enabled links which shall be sent on their email/sms/links (i) register with and/or log in to the Merchant’s website; and/or (ii) make payments to the Merchant, or (c) transfer funds to a savings or current bank account, or to make any valid transaction, upon completing the necessary formalities mentioned herein, or otherwise mention time to time.
“Merchant” means any of the establishments listed on the webpage available at www.CLICKNGETS.com or at its portals which/who accepts payment through CLICKNGETS Services for sale of their goods and services and with whom we have executed physical contracts. The list of Merchants available at www.CLICKNGETS.com
may be revised by us from time to time without intimation to you.
“Merchant Establishment” shall mean and include physical Merchant’s shops, and any other outlet that has been authorized by CLICK N GETS MEDIA CORPORATION to accept payment using CLICKNGETS Services.
“CLICK N GETS Registered Users” mean any User who completes the necessary formalities as required for registration
“Password” means the secret password used to secure CLICKNGETS Services applications, without knowledge of which CLICKNGETS Services will not be operable.
“RBI” means the Reserve Bank of India.
“Registration Form” shall mean the CLICKNGETS Services Registration Form, as is required by CLICK N GETS MEDIA CORPORATION from the Customer at the time of Registration for availing and / or continuation of theCLICKNGETS Services.
“Transaction” means make a payment for purchase of goods or services at Merchant establishments or fund transfer to the savings or current bank account, or any other legitimate transactions.
“Terms and Conditions of Service” or “T&Cs” refers to these terms and conditions of use of CLICK N GETS MEDIA CORPORATION’s Services, and any future revisions of the same, which you are informed of via automated e-mail sent to Your Registered E-mail Address.
ELIGIBILITY TO USE THE CLICKNGETS Services
While using CLICKNGETS Services, you represent and confirm that:
You must be 18 (eighteen) years old;
You are Indian citizen, a legal resident of India or a business entity, authorized to conduct business in India;
You must be an authorized representative with the authority to bind that company or entity to these Terms;
You are not ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1972;
You are entering into and performing this Agreement, as per applicable law and are not a person debarred from using the CLICKNGETS Services under the laws of India or other applicable laws.
CLICKNGETS Services can only be used in India. You acknowledge that CLICK N GETS MEDIA CORPORATION Services may be subject to export restrictions imposed by the laws, rules, regulations, and guidelines in force in India.
We reserve the right to immediately terminate your Account if we have reason to believe that your Account is being used by any person who is not eligible, or for any other reason. We rely completely on your representation that you are eligible and will bear no liability if you or anyone who uses your Account or CLICKNGETS Services is found to be not eligible.
REGISTRATION OF CLICK N GETS REGISTERED USERS- USER ACCOUNT
To open an Account or to Use the Services, you must provide us with the following “Registration Data”: a valid and functional e-mail address (“Registered E-mail ID”); a valid and functional phone number registered in your name (“Registered Phone Number”); a password; Valid Bank / Card details (for example, Bank Account No, IFSC Code, Bank Account No, Card No, Card Expiry details etc.) and any additional information that RBI Regulations may prescribe to be necessary to satisfy Know Your Customer norms (“KYC Norms”), or as we deem fit.
The Registration Data and any other information provided by you to us must be accurate, current and complete information about yourself or your company as prompted by our registration form (including your email address) and maintain and update your information (including your email address) to keep it accurate, current and complete. Any liability for false, fictitious, inaccurate, not current or incomplete Registration Data provided by you will be borne solely by you and not us.
You must keep password confidential and not share it with any other person. You are responsible for all activity on your account, whether or not you authorized it. Please do not share your Registration Data with any third parties as you will be solely responsible for maintaining the confidentiality of your Registration Data and will be liable for all activities and transactions that occur through your Account and CLICK N GETS Registered Users, whether initiated by you or any third party.
In order to protect the security of your Account and CLICK N GETS Registered Users, we require you to (a) immediately inform us at our Hotline No. 814 049 3271 & email us at SUPPORT@CLICKNGETS.com , of any unauthorized use of your Account and (b) to ensure that you log out of Your Account at the end of every session.
In accordance with RBI Regulations to prevent money laundering and the funding of terrorism in India, We may suspend or terminate your Account with immediate effect if we have reason to believe that the Registration Data or any other data provided by you is incorrect, or that the security of your Account has been compromised in any way. Please note that in order to comply with RBI Regulations, we do not allow you to open more than one Account in association with the phone number registered in your name.
In the event that you have forgotten the password to your Account, you may click on Forgot Password to request a new password. Based on our sole discretion and if we are satisfied that the identity of the applicant for a new password matches your identity, we will send an e-mail to your Registered E-mail ID, with instructions to reset your password (“Password Instructions”). You will be solely responsible for any transactions which occur through your Account once we send the Password Instructions to your Registered E-mail ID.
In the event that you are unable to access to your Account for any reason other than forgetting your password, please inform us at our Hotline No. 814 049 3271 & email us at SUPPORT@CLICKNGETS.com and make a request for blocking your Account. We will not be liable for any unauthorized transactions made through your Account prior to you making a request for blocking.
You may be required to provide additional information to allow us to verify your identity and/or your account information. We may also verify your information against third party databases or other sources and you authorize CLICK N GETS MEDIA CORPORATION to make such inquiries.
You are responsible for keeping your Account information and password secure. If you share your Account credentials with another person, you are responsible for all activity they conduct using CLICKNGETS Services, regardless of whether or not you authorized their activity. We will never ask you for your Account credentials.
DOCUMENTATIONS
The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and CLICK N GETS MEDIA CORPORATION reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. CLICK N GETS MEDIA CORPORATION reserves the right to discontinue services/ reject applications for CLICKNGETS Services at any time if there are discrepancies in information and/or documentation provided by you.
Any information provided to CLICK N GETS MEDIA CORPORATION with the intention of securing CLICKNGETS Services shall vest with CLICK N GETS MEDIA CORPORATION, and may be used by CLICK N GETS MEDIA CORPORATION, for any purpose consistent with any applicable law or regulation, at its discretion.
Once you have successfully created an Account after completing the registration process in accordance with these T&Cs, you can start availing of our CLICKNGETS Services.
Once you have successfully created an Account after completing the registration process in accordance with these T&Cs, you can start availing of our CLICKNGETS Services.
GENERAL CONDITIONS:
6.1. Use of CLICKNGETS Services
In order to access CLICKNGETS Services, YOU/ Merchant is required to download CLICK N GETS MEDIA CORPORATION application , you may be required to provide information about yourself (such as identification, contact or payment details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to us will always be true, accurate, correct, complete and up to date. Any phone number used to register with our service needs to be registered in your name and you might be asked to provide supporting documents to prove the same.
CLICKNGETS Services allows you to make a payment to Merchant via payment gateway internet enabled links and/or QR Codes for the products and services purchased by you or transfer funds to the savings or current bank account of the person, after completing the necessary formalities mentioned herein or otherwise mention by CLICK N GETS MEDIA CORPORATION time to time.
CLICKNGETS Services also allows you to store your bank or credit account information with CLICK N GETS MEDIA CORPORATION for making the instant payment without re-entering that information or sharing it with third parties. CLICKNGETS Services is encrypted and secure and your information is safe with us. CLICKNGETS Services cannot be used to hold or store money and CLICK N GETS MEDIA CORPORATION does not hold or store any of your funds. CLICK N GETS MEDIA CORPORATION does not have control of, or liability for, any goods or services that you pay for using the CLICKNGETS Services. CLICK N GETS MEDIA CORPORATION does not guarantee the identity of any Vendors, sellers, and does not guarantee that a transaction will be completed.
You may also choose to make the payment to Merchant through CLICKNGETS Services, for the products and services purchased by you or Fund Transfer by using your valid credit / debit and/ or any other cards including e-wallets, online banking facility to make payment. You shall be bound to use your own credit / debit and/ or any other payment cards, online banking accounts to make payment via CLICKNGETS Services. CLICK N GETS MEDIA CORPORATION shall not be liable and responsible for any credit/debit or any other card frauds, misuse of your card or any unauthorized payment transactions which has been processed by Bank / third party payment processor.
When you choose to make the payment or transfer funds to the savings or current bank account of the other person through CLICKNGETS Services, you have to submit the complete bank details of the recipient of money such as Bank Account No, IFSC Code, and/or any additional information that is necessary to complete the transaction or RBI may prescribe time to time. If you would not submit the bank details of the recipient of money, we will not process your transactions or funds will not transfer to the bank account of the recipient.
When we receive payment instructions from you to pay a Merchant or to any Users or person, you authorize and order us to commit your payment to that Merchant or to another Users or Person. This authorization will remain in effect as long as you maintain an Account with us.
In the event that you are having any issues in goods or services which is including but not limited to cancellation, refund, pricing, warranty, guarantee or you are not satisfied with the goods or services provided to you by a Merchant for any reason, we recommend that you report the matter to the Merchant in question. Please note that CLICK N GETS MEDIA CORPORATION is an are intermediary and are not responsible for the goods or services provided by Merchants and cannot be involved in any disputes between a Merchant and User regarding the same.
You accept and acknowledge that payment processing is hosted by a third party payment processor and usage of such payment processing shall be subject to such additional terms and conditions which such third party payment processor may prescribe from time to time.
You agree and confirm to comply with the terms and conditions of the Merchant from whom you are taking the services/products and thereafter making the payment to them via CLICKNGETS Services.
CLICK N GETS MEDIA CORPORATION facilitates payment solutions to the Users to make a payment to Merchant or Transfer Fund. In the case of commercial transactions CLICK N GETS MEDIA CORPORATION is acting as an intermediary, which enabling users to make a payment to Merchant through CLICKNGETS Services. All commercial terms are offered by and agreed to between you and Sellers alone. CLICK N GETS MEDIA CORPORATION does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of any commercial terms between the User and Merchant.
In order to use the CLICKNGETS Services, you must link you bank account/card details, to CLICKNGETS Services. When you make a payment to Merchant or Transfer Fund using the CLICKNGETS Services, you are authorizing us to initiate an electronic transfer from your linked bank account in the amount you specify. You are solely responsible for complying with any terms set by your bank with respect to your bank account, including any fee terms, such as non-sufficient fund or overdraft fee terms. If you receive a payment from Merchant or Fund Transfer via CLICKNGETS Services or are entitled to a reversal, refund, or other adjustment associated with a payment or Fund Transfer made by you using the CLICKNGETS Services, you also authorize a credit to your linked bank account to complete that transaction.
If you make payment for a purchase using the CLICKNGETS Services or using for Fund Transfer, fund will be transferred to Merchant/ Users instantly.
CLICK N GETS MEDIA CORPORATION does not provide any endorsements or guarantees for any individual or entity using the CLICK N GETS Registered Users, nor any third party offers, goods or services featured on our websites. Information regarding third party offers, goods, and services is provided on our websites for informational purposes only, and may not be true, accurate, or reliable.
Information provided by CLICK N GETS MEDIA CORPORATION or otherwise obtained from the Website will not be used for any unauthorized and unlawful purpose;
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by CLICK N GETS MEDIA CORPORATION, unless you have been specifically allowed to do so in a separate agreement with us;
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services);
You agree that you are solely responsible for (and that CLICK N GETS MEDIA CORPORATION has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which CLICK N GETS MEDIA CORPORATION may suffer) of any such breach. CLICKNGETS Services is not transferable.
6.2. ‘One Tap’ Feature:
By availing the complete ‘One Tap’ feature, you will be able to process your payment requests made using your debit or credit card stored with us by simply selecting the faster checkout saved card and clicking the “Make Payment” button. The One Tap feature may be divided in two parts:
CLICK N GETS MEDIA CORPORATION shall process a refund, when a valid authorization and presentment was previously processed and the Users subsequently either cancelled the transaction or returns the goods, or wishes to refund the amount in cases of services not rendered, or to rectify any transaction processing error, or services/goods is not delivered within prescribed period of your completion of the transaction, then you may inform us by sending an email to our customer services email address mentioned on the Contact Us page, containing the complete details of the said disputed transactions such as date, time, order/transaction numbers, account number etc..
For processing a refund, the users shall present a refund request to CLICK N GETS MEDIA CORPORATION along with all the required detail to identify the previously authorized and settled transaction and CLICK N GETS MEDIA CORPORATION shall process the refund within 5 (Five) working days from the date the refund request is received. The refund request must describe the failed / returned / rejected / cancelled transactions or merchandise were returned, services cancelled or adjustment made.
The funds have to be credited back to the same source from where these were received, and not by cash or any other mode. In case of any users’ complaint regarding non- refund for failed transactions and/or non-credit for successful transactions shall be dealt by the Bank. Any complaint about credit not being given to Users should be dealt with conclusively and bilaterally by the remitting and beneficiary banks as per its Policy.
Note: CLICK N GETS MEDIA CORPORATION is not responsible for any wrong purchase or recharge for an incorrect mobile number or DTH account number or fund transfers in an incorrect bank account or any unauthorised payment by users. You are sole responsible for the accuracy, authenticity of information pertaining to the goods/services or the payment credentials while using the CLICKNGETS Services.
By registering to use of CLICKNGETS Services, you consent to conduct transactions and receive communications, notices and information from us electronically or otherwise, whether sent by e-mail or other means. Communications shall be deemed to have been received by you when we send the communication to the email address/mobile number that as per our records, or when we post the communication on CLICK N GETS MEDIA CORPORATION website. You can withdraw your consent at any time by contacting us, but we reserve the right to terminate your account upon such withdrawal. Withdrawal of your consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received. You agree to notify us promptly if your email address or other contact information changes by updating your account information or contacting us.
Except for Posted Information that you submit, all of the information available on or through the Services and/or the Website, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent and trade secret laws, other proprietary rights and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain CLICK N GETS MEDIA CORPORATION’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Website in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in the Website and the Services not expressly granted by us to you are retained by CLICK N GETS MEDIA CORPORATION.
Terms Of Service For Advertiser
INTRODUCTION : The Services (defined hereinafter) of ‘CLICK N GETS MEDIA CORPORATION’ is provided by CLICK N GETS MEDIA CORPORATION, a company incorporated under the Companies Act, 1956 and having its registered office at Building M-501/B, Palm Court Complex, New Link Road, Malad (West), Mumbai-400 064 (“CLICK N GETS MEDIA CORPORATION”). CLICK N GETS MEDIA CORPORATION carries on the business of providing information about Vendors (defined hereinafter) of various products and services (“Information”) in selected towns and cities in India (“Service”) to end users. CLICK N GETS MEDIA CORPORATION Provides Users (defined below) with its search service with information and user reviews for CLICK N GETS MEDIA CORPORATION database of local business, products and services across India. CLICK N GETS MEDIA CORPORATION search service is available to users through multiple platform viz. Internet, mobile internet, telephone (voice, text & SMS). CLICK N GETS MEDIA CORPORATION is merely a medium which connects general public with vendor’s goods and services (“Vendors”) listed on CLICK N GETS MEDIA CORPORATION however at the same time it does not intend to guarantee any business to such Vendors. The Vendor details are specified at Page 1 of the contract, Vendors are hereinafter referred to as (“Advertiser”). CLICK N GETS MEDIA CORPORATION’s objective is to provide a quicker guide for up-to-date Information in a user friendly manner and via a medium that the end user is comfortable with. The end users of the Service are persons who may want to purchase goods / avail services and are seeking information about the Vendors of such goods and services (“Users”). These Terms (defined below) read with the contract form (“Contract Form”) and the invoice mentioned in Clause 11 constitute the entire understanding and Contract (“Contract”) between CLICK N GETS MEDIA CORPORATION and the Advertiser.
2) This money is non refundable.
3) We are liable for your service which you get in foam of ( BUSINESS CREDIT ). But there is no anytime limit to complit this service. Maybe its done in little time and may be its take so many times.
INTERPRETATION :
3)
SUBSCRIPTION:
Advertisers may be business houses, small medium enterprises, corporate entities, semi-corporate entities, establishments or individuals, who subscribe to the Service in order to list their company or business. CLICK N GETS MEDIA CORPORATION will provide only the Information about the Advertiser to the Users in the manner provided for in these Terms. Advertiser agrees and acknowledges that CLICK N GETS MEDIA CORPORATION does not guarantee any business to the Advertiser and is merely a medium through which information is made available to the general public.
4)
GENERAL TERMS :
5)
INFORMATION DISSEMINATION :
CLICK N GETS MEDIA CORPORATION currently disseminates Information to the Users through different platforms, viz., telephone, internet, WAP (Wireless Access Protocol) and Wireless (SMS short code) SMS. CLICK N GETS MEDIA CORPORATION may, at its discretion cease providing Information over any of the above platforms or provide Information over other platforms or modify the manner in which Information is provided over any of the existing platforms, as it may deem fit, from time to time.
6)
ADVERTISER LISTINGS :
This refers to the various kinds of Advertising listings that can be selected by the Advertiser. CLICK N GETS MEDIA CORPORATION provides the following kinds of Advertising listings (“Listings”): (i) Platinum Listing,(Premium Position) (ii)Diamond Listing, (Premium Position) (iii)Package Listing. (Normal Position) (iv) SMS Promotion. (v)Other promotions as may be specified. (vi) The Advertiser agrees that it shall list itself under the Listing which is mentioned in Clause 6 of the Contract. (vii) CLICK N GETS MEDIA CORPORATION reserves the right to change the aforesaid Advertising Listing options by adding new listings or deleting the existing listings or adding, deleting, modifying or merging any categories or keywords. In the event the listing applied for in the Contract Form is no longer available, CLICK N GETS MEDIA CORPORATION shall endeavor to allot similar Listing to the Advertiser. The final decision making power with regard to Listing shall however vest in CLICK N GETS MEDIA CORPORATION and such decision shall be final and binding on the Advertiser.
7)
LISTING FEES:
The Advertiser agrees to pay a non-refundable Listing Fee for the Services, which will be determined by CLICK N GETS MEDIA CORPORATION at the time of entering into this contract. The (“Listing Fee”) shall be paid by the Advertiser in advance simultaneously with the signing of the Contract.
8)
PAYMENT MODES :
9)
CONSEQUENCES OF NON-PAYMENT OF SERVICE FEE / ECS AMOUNT:
If an advertiser opt the lump sum payment mode while entering into the contract then the tenure of the contract will be equivalent to the amount paid by the advertiser.
10)
LUMP SUM PAYMENT MODE:
In the event the Advertiser fails to make any payment, including the Service Fee or the ECS amount, in time and as per the payment plan chosen by him, CLICK N GETS MEDIA CORPORATION may, in its sole discretion, suspend the Advertiser’s Listing or access to the Service, as the case may be, until necessary payments are made by the Advertiser. Further, the Advertiser agrees and acknowledges that the Advertiser shall be deemed to have waived his rights to the Service and the Advertiser’s listing for the period during which the Service and the Listing is suspended for non-payment. The right of CLICK N GETS MEDIA CORPORATION to suspend the Service and the Listing shall be without prejudice to CLICK N GETS MEDIA CORPORATION’s right to terminate the Contract for any material breach committed by the Advertiser. Advertiser hereby acknowledges that the opted position/listing will be released to other advertisers in the event of non-payment of Service fee or ECS amount without any notice/intimation from CLICK N GETS MEDIA CORPORATION.
11)
ISSUANCE OF INVOICE :
12)
PRIORITY OF INFORMATION ABOUT ADVERTISERS:
For CLICK N GETS MEDIA CORPORATION, providing Information that is relevant to the User is a priority. The User has to identify the location and category in respect of which he is seeking Information and CLICK N GETS MEDIA CORPORATION will provide such Information (subject to availability of such information) based on such choice. Amongst the Vendors who fall within the parameters identified by the User, Information about Vendors registered with CLICK N GETS MEDIA CORPORATION, that is, the Advertisers is first provided on best effort basis, subject to delays due to any technical malfunction. Priority among Advertisers i.e., determined on the basis of the listing selected by the Advertiser and on the basis of Total Fee to be paid by the Advertiser. Nothing contained in the Contract shall be deemed to restrict or prevent CLICK N GETS MEDIA CORPORATION from providing Users with Information about other Vendors whether in priority to the Advertisers or otherwise, as CLICK N GETS MEDIA CORPORATION may in its sole discretion determine. The Advertiser acknowledges that CLICK N GETS MEDIA CORPORATION will merely convey the Information to the Users on demand and does not guarantee that any of such User requests will result in business prospects for the Advertiser.
13)
NO GUARANTEE OF BUSINESS:
CLICK N GETS MEDIA CORPORATION does not guarantee that enquiries/leads will be generated by it for the Advertiser or that any of such enquiries/leads will be converted into business for the Advertiser.
14)
NO MARKETING:
CLICK N GETS MEDIA CORPORATION is not obliged and does not market the offerings of Advertiser and shall not be obliged to recommend Advertiser to the Users. CLICK N GETS MEDIA CORPORATION’s obligation under the Contract is limited to the obligations explicitly set out herein and in no event does CLICK N GETS MEDIA CORPORATION undertake to generate or guarantee Enquiries or business to the Advertiser.
15)
INDEMNIFICATION:
Advertiser shall indemnify and hold harmless CLICK N GETS MEDIA CORPORATION, its affiliates, directors, officers, agents and employees from loss, or damage including attorney’s fee, arising from any claim asserted by any third party including any User due to or arising out of any action or inaction of Advertiser, its employees or agents, including but not limited to, intellectual property claims, any claims pertaining to incorrect or false information about the Advertiser that was provided to CLICK N GETS MEDIA CORPORATION and any claims including but not limited to the quality or usefulness of the products or services of the Advertiser.
16)
CONFIDENTIALITY AND RELATED OBLIGATIONS:
The Advertiser shall keep any information regarding the Users of the Service (“User Information”) confidential both, during the subsistence of this Contract and after its termination. The Advertiser shall not, without the prior written consent of CLICK N GETS MEDIA CORPORATION, transfer (whether for consideration or otherwise) User Information to any third party for any reason whatsoever. The Advertiser is specifically prohibited from using the User Information for purposes of seeking any commercial gain out of said User Information. In the event CLICK N GETS MEDIA CORPORATION is made aware of any such practice of the Advertiser in violation of the terms of this Contract, CLICK N GETS MEDIA CORPORATION shall be entitled to terminate the Contract as well as initiate such legal proceedings against the Advertiser, as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable law.
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ADVERTISER OBLIGATIONS:
18)
DISCLAIMER AND LIMITATION OF LIABILITY:
To the fullest extent permitted by law, CLICK N GETS MEDIA CORPORATION disclaims all warranties, express or implied, including without limitation for non-infringement, merchantability, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, CLICK N GETS MEDIA CORPORATION disclaims all guarantees regarding accurate Listing of the Advertiser. Advertiser understands that there may be errors in such positioning. Neither CLICK N GETS MEDIA CORPORATION nor the Advertiser will be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose or of any remedy except for Advertiser’s indemnification obligation. CLICK N GETS MEDIA CORPORATION’s aggregate liability to the Advertiser is limited to amounts paid to CLICK N GETS MEDIA CORPORATION by Advertiser during the 12 (twelve) months immediately preceding the date of the claim. CLICK N GETS MEDIA CORPORATION is also not liable for any claim owing to any misrepresentation of the information pertaining to the Advertiser so long as the information exhibited/ communicated by CLICK N GETS MEDIA CORPORATION conforms to the Information made available by the Advertiser or its authorized representative.
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ADDITIONAL DISCLAIMER:
20)
TERMINATION:
21)
NOTICES:
Notices shall be sent by email or facsimile to the facsimile number/ email addressed notified by CLICK N GETS MEDIA CORPORATION/Advertiser from time to time in writing and shall be followed by notice by registered post and dispatched through a reputed courier. Any notice refused by an Advertiser would be deemed to have been legally delivered and Advertiser will be deemed to have notice of the contents of such notice.
22)
MODIFICATIONS TO TERMS OF SERVICE:
CLICK N GETS MEDIA CORPORATION reserves the right to change the terms of the Contract or the Terms of Service at any time without any prior notice to the Advertiser. Changes to the terms of the Contract or the Terms of Service shall come into effect upon from the time it is put up on the Website or by any other mode of communication as may be determined by CLICK N GETS MEDIA CORPORATION. For Terms of Service with Advertiser visit http://www.CLICKNGETS.com/Terms-of-Use.
23)
TAXES:
CLICK N GETS MEDIA CORPORATION is entitled to charge the Advertiser for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services and Listing fees (including bids arising out of Advertiser’s relationship with CLICK N GETS MEDIA CORPORATION) and Advertiser hereby agrees to pay the said taxes and charges promptly without raising any objections. Advertiser also agrees that in the event the said taxes and charges are not charged by CLICK N GETS MEDIA CORPORATION the same shall be paid by the Advertiser directly to the authorities concerned without raising any objection. The Advertiser further agrees that the taxes and charges payable under this Clause is in addition to the fee paid by the Advertiser for the Listing and Services rendered by CLICK N GETS MEDIA CORPORATION. i) All TDS deductions, form no. 16A should be sent at tds@CLICKNGETs.com ii) Advertisers fall in category of Advertisement Services under section 194C of Income Tax Act, wherein maximum TDS rate is mentioned as 2%. iii) Service Tax is levied as per existing government policy. iv) Pursuant to Income Tax circular No 1/2014 dated 13-01-2014 TDS should not be deducted on service tax.
24)
MISCELLANEOUS:
25)
ARBITRATION:
All disputes, differences and/or claims arising out of the Contract shall be settled by Arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996 or any statutory amendment thereof. The dispute shall be referred to a single arbitrator who shall be appointed by the authorized representative/ Director of CLICK N GETS MEDIA CORPORATION. The Advertiser shall not challenge the nomination of Arbitrator or his award on the ground that the nomination is made by authorized representative/ Director of CLICK N GETS MEDIA CORPORATION. The arbitration proceedings shall be held at Mumbai and the arbitration shall be conducted in English Language. The award of the Arbitration shall be final and binding on the Advertiser and CLICK N GETS MEDIA CORPORATION. The arbitrator will pass a written and reasoned award and will be entitled to award cost of the proceedings.
26)
ENTIRE CONTRACT:
These Terms, including any Annexures, along with the Contract Form hereto forms a single Contract between the Parties hereto and constitute the entire understanding between the Parties with regard to the subject matter hereof and supersede any other Contract between the Parties relating to the subject matter hereof.
27)
AMENDMENTS AND WAIVERS:
No waiver by any Party of any term or condition of the Contract, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of the Contract on any future occasion.
28)
INSTRUMENTS:
The contract is executed in duplicate and the advertiser has retained a carbon copy of this contract, both copies constitute one and the same contract.
Infringement Policy
CLICK N GETS MEDIA CORPORATION portal contains the trademark, logos, trade name, service marks and other marks (collectively “Marks”) which are the intellectual property of CLICK N GETS MEDIA CORPORATION or their vendors or respective third parties. You understand that CLICK N GETS MEDIA CORPORATION uses the Marks of vendors and respective third parties procured from the owner and/or distribution channel. In doing so, CLICK N GETS MEDIA CORPORATION has no intention, whatsoever, to acquire rights of use or license to these Marks.
This Infringement policy helps in creating a safer marketplace by prohibiting the use of CLICK N GETS MEDIA CORPORATION portal for infringing the intellectual property rights of third parties or of the rightful owner. CLICK N GETS MEDIA CORPORATION policy requires sellers and buyers or users to comply with all governmental laws and regulations including but not limited to the Infringement policy as amended from time to time.
If you see something on the CLICK N GETS MEDIA CORPORATION portal, which you believe is violating the intellectual property rights, please send an infringement initimation to CLICK N GETS MEDIA CORPORATION at SUPPORT@CLICKNGETS.com
CLICK N GETS MEDIA CORPORATION will be unable to process requests which do not specify exact product IDs or URLs and the details which are specified below. Please do not provide links to browse pages or links of search queries as these pages are dynamic and their contents change with time.
How to report a listing
If you have a good faith belief that your IP right has been infringed by any of our sellers or anyone else on CLICK N GETS MEDIA CORPORATION’s portal , you may follow the below process and /or seek Legal advice.
We require that the Intellectual Property right owner or authorized representative provide the following details and email to the aforementioned email id.
The email should contain the below information.
Grievance Redressal policy.:
CLICK N GETS MEDIA CORPORATION shall take all necessary steps and/or remove the infringed product/details from its portal within 15 (Fifteen) working days subject to verification of the details as given above and the nature of complaint.
INTRODUCTION
This TERMS OF USE FOR CLICKNGETS Services governs the terms of your use of CLICKNGETS Services offered by CLICK N GETS MEDIA CORPORATION. (herein after referred to as CLICK N GETS MEDIA CORPORATION)
BY REGISTERING FOR OR USING CLICKNGETS Services, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THE CLICKNGETS Services.As the CLICKNGETS Services owned by CLICK N GETS MEDIA CORPORATION, hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of CLICK N GETS MEDIA CORPORATION.
When you use CLICKNGETS Services provided by CLICK N GETS MEDIA CORPORATION, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to usage of CLICKNGETS Services. You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the CLICKNGETS Services.
DEFINITIONS
“Account” refers to the account created for a User as soon as he successfully completes the process of registering at www.CLICKNGETS.com, which contains information regarding his CLICKNGETS Services, which permit payment and domestic money remittance as per RBI direction, as amended by RBI from time to time.
“Customer” “or” “you” mean a person who has registered with CLICK N GETS MEDIA CORPORATION for availing the CLICKNGETS Services and who has accepted these Terms and Conditions and, owns/operates/has access to an internet compatible device that supports the CLICKNGETS Services.
“Charge(s)” or “Service Charge” shall mean the charges which CLICK N GETS MEDIA CORPORATION may levy upon you in consideration for subscribing to the CLICKNGETS Services.
“Eligible” means satisfying the conditions of eligibility prescribed under these T&Cs.
“KYC” stands for Know your Customer and refers to the various norms, rules, laws and statutes issued by RBI from time to time under which CLICK N GETS MEDIA CORPORATION is required to procure personal identification details from you before any services can be delivered. Know your Customer (KYC) documents may be required by CLICK N GETS MEDIA CORPORATION from the Customer at the time of Registration and/ or on a later date, for availing and / or continuation of the CLICKNGETS Services.
“CLICKNGETS Services” allows its registered users to: a) to make a payment via payment gateway internet enabled links which shall be sent on their email/sms/links; or b) scan QR Codes placed on posters or other media displayed at Merchant’s establishment to enable you to quickly and easily make payment via method internet enabled links which shall be sent on their email/sms/links (i) register with and/or log in to the Merchant’s website; and/or (ii) make payments to the Merchant, or (c) transfer funds to a savings or current bank account, or to make any valid transaction, upon completing the necessary formalities mentioned herein, or otherwise mention time to time.
“Merchant” means any of the establishments listed on the webpage available at www.CLICKNGETS.com or at its portals which/who accepts payment through CLICKNGETS Services for sale of their goods and services and with whom we have executed physical contracts. The list of Merchants available at www.CLICKNGETS.com
may be revised by us from time to time without intimation to you.
“Merchant Establishment” shall mean and include physical Merchant’s shops, and any other outlet that has been authorized by CLICK N GETS MEDIA CORPORATION to accept payment using CLICKNGETS Services.
“CLICK N GETS Registered Users” mean any User who completes the necessary formalities as required for registration
“Password” means the secret password used to secure CLICKNGETS Services applications, without knowledge of which CLICKNGETS Services will not be operable.
“RBI” means the Reserve Bank of India.
“Registration Form” shall mean the CLICKNGETS Services Registration Form, as is required by CLICK N GETS MEDIA CORPORATION from the Customer at the time of Registration for availing and / or continuation of theCLICKNGETS Services.
“Transaction” means make a payment for purchase of goods or services at Merchant establishments or fund transfer to the savings or current bank account, or any other legitimate transactions.
“Terms and Conditions of Service” or “T&Cs” refers to these terms and conditions of use of CLICK N GETS MEDIA CORPORATION’s Services, and any future revisions of the same, which you are informed of via automated e-mail sent to Your Registered E-mail Address.
ELIGIBILITY TO USE THE CLICKNGETS Services
While using CLICKNGETS Services, you represent and confirm that:
You must be 18 (eighteen) years old;
You are Indian citizen, a legal resident of India or a business entity, authorized to conduct business in India;
You must be an authorized representative with the authority to bind that company or entity to these Terms;
You are not ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1972;
You are entering into and performing this Agreement, as per applicable law and are not a person debarred from using the CLICKNGETS Services under the laws of India or other applicable laws.
CLICKNGETS Services can only be used in India. You acknowledge that CLICK N GETS MEDIA CORPORATION Services may be subject to export restrictions imposed by the laws, rules, regulations, and guidelines in force in India.
We reserve the right to immediately terminate your Account if we have reason to believe that your Account is being used by any person who is not eligible, or for any other reason. We rely completely on your representation that you are eligible and will bear no liability if you or anyone who uses your Account or CLICKNGETS Services is found to be not eligible.
REGISTRATION OF CLICK N GETS REGISTERED USERS- USER ACCOUNT
To open an Account or to Use the Services, you must provide us with the following “Registration Data”: a valid and functional e-mail address (“Registered E-mail ID”); a valid and functional phone number registered in your name (“Registered Phone Number”); a password; Valid Bank / Card details (for example, Bank Account No, IFSC Code, Bank Account No, Card No, Card Expiry details etc.) and any additional information that RBI Regulations may prescribe to be necessary to satisfy Know Your Customer norms (“KYC Norms”), or as we deem fit.
The Registration Data and any other information provided by you to us must be accurate, current and complete information about yourself or your company as prompted by our registration form (including your email address) and maintain and update your information (including your email address) to keep it accurate, current and complete. Any liability for false, fictitious, inaccurate, not current or incomplete Registration Data provided by you will be borne solely by you and not us.
You must keep password confidential and not share it with any other person. You are responsible for all activity on your account, whether or not you authorized it. Please do not share your Registration Data with any third parties as you will be solely responsible for maintaining the confidentiality of your Registration Data and will be liable for all activities and transactions that occur through your Account and CLICK N GETS Registered Users, whether initiated by you or any third party.
In order to protect the security of your Account and CLICK N GETS Registered Users, we require you to (a) immediately inform us at our Hotline No. 814 049 3271 & email us at SUPPORT@CLICKNGETS.com , of any unauthorized use of your Account and (b) to ensure that you log out of Your Account at the end of every session.
In accordance with RBI Regulations to prevent money laundering and the funding of terrorism in India, We may suspend or terminate your Account with immediate effect if we have reason to believe that the Registration Data or any other data provided by you is incorrect, or that the security of your Account has been compromised in any way. Please note that in order to comply with RBI Regulations, we do not allow you to open more than one Account in association with the phone number registered in your name.
In the event that you have forgotten the password to your Account, you may click on Forgot Password to request a new password. Based on our sole discretion and if we are satisfied that the identity of the applicant for a new password matches your identity, we will send an e-mail to your Registered E-mail ID, with instructions to reset your password (“Password Instructions”). You will be solely responsible for any transactions which occur through your Account once we send the Password Instructions to your Registered E-mail ID.
In the event that you are unable to access to your Account for any reason other than forgetting your password, please inform us at our Hotline No. 814 049 3271 & email us at SUPPORT@CLICKNGETS.com and make a request for blocking your Account. We will not be liable for any unauthorized transactions made through your Account prior to you making a request for blocking.
You may be required to provide additional information to allow us to verify your identity and/or your account information. We may also verify your information against third party databases or other sources and you authorize CLICK N GETS MEDIA CORPORATION to make such inquiries.
You are responsible for keeping your Account information and password secure. If you share your Account credentials with another person, you are responsible for all activity they conduct using CLICKNGETS Services, regardless of whether or not you authorized their activity. We will never ask you for your Account credentials.
DOCUMENTATIONS
The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and CLICK N GETS MEDIA CORPORATION reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. CLICK N GETS MEDIA CORPORATION reserves the right to discontinue services/ reject applications for CLICKNGETS Services at any time if there are discrepancies in information and/or documentation provided by you.
Any information provided to CLICK N GETS MEDIA CORPORATION with the intention of securing CLICKNGETS Services shall vest with CLICK N GETS MEDIA CORPORATION, and may be used by CLICK N GETS MEDIA CORPORATION, for any purpose consistent with any applicable law or regulation, at its discretion.
Once you have successfully created an Account after completing the registration process in accordance with these T&Cs, you can start availing of our CLICKNGETS Services.
Once you have successfully created an Account after completing the registration process in accordance with these T&Cs, you can start availing of our CLICKNGETS Services.
GENERAL CONDITIONS:
6.1. Use of CLICKNGETS Services
In order to access CLICKNGETS Services, YOU/ Merchant is required to download CLICK N GETS MEDIA CORPORATION application , you may be required to provide information about yourself (such as identification, contact or payment details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to us will always be true, accurate, correct, complete and up to date. Any phone number used to register with our service needs to be registered in your name and you might be asked to provide supporting documents to prove the same.
CLICKNGETS Services allows you to make a payment to Merchant via payment gateway internet enabled links and/or QR Codes for the products and services purchased by you or transfer funds to the savings or current bank account of the person, after completing the necessary formalities mentioned herein or otherwise mention by CLICK N GETS MEDIA CORPORATION time to time.
CLICKNGETS Services also allows you to store your bank or credit account information with CLICK N GETS MEDIA CORPORATION for making the instant payment without re-entering that information or sharing it with third parties. CLICKNGETS Services is encrypted and secure and your information is safe with us. CLICKNGETS Services cannot be used to hold or store money and CLICK N GETS MEDIA CORPORATION does not hold or store any of your funds. CLICK N GETS MEDIA CORPORATION does not have control of, or liability for, any goods or services that you pay for using the CLICKNGETS Services. CLICK N GETS MEDIA CORPORATION does not guarantee the identity of any Vendors, sellers, and does not guarantee that a transaction will be completed.
You may also choose to make the payment to Merchant through CLICKNGETS Services, for the products and services purchased by you or Fund Transfer by using your valid credit / debit and/ or any other cards including e-wallets, online banking facility to make payment. You shall be bound to use your own credit / debit and/ or any other payment cards, online banking accounts to make payment via CLICKNGETS Services. CLICK N GETS MEDIA CORPORATION shall not be liable and responsible for any credit/debit or any other card frauds, misuse of your card or any unauthorized payment transactions which has been processed by Bank / third party payment processor.
When you choose to make the payment or transfer funds to the savings or current bank account of the other person through CLICKNGETS Services, you have to submit the complete bank details of the recipient of money such as Bank Account No, IFSC Code, and/or any additional information that is necessary to complete the transaction or RBI may prescribe time to time. If you would not submit the bank details of the recipient of money, we will not process your transactions or funds will not transfer to the bank account of the recipient.
When we receive payment instructions from you to pay a Merchant or to any Users or person, you authorize and order us to commit your payment to that Merchant or to another Users or Person. This authorization will remain in effect as long as you maintain an Account with us.
In the event that you are having any issues in goods or services which is including but not limited to cancellation, refund, pricing, warranty, guarantee or you are not satisfied with the goods or services provided to you by a Merchant for any reason, we recommend that you report the matter to the Merchant in question. Please note that CLICK N GETS MEDIA CORPORATION is an are intermediary and are not responsible for the goods or services provided by Merchants and cannot be involved in any disputes between a Merchant and User regarding the same.
You accept and acknowledge that payment processing is hosted by a third party payment processor and usage of such payment processing shall be subject to such additional terms and conditions which such third party payment processor may prescribe from time to time.
You agree and confirm to comply with the terms and conditions of the Merchant from whom you are taking the services/products and thereafter making the payment to them via CLICKNGETS Services.
CLICK N GETS MEDIA CORPORATION facilitates payment solutions to the Users to make a payment to Merchant or Transfer Fund. In the case of commercial transactions CLICK N GETS MEDIA CORPORATION is acting as an intermediary, which enabling users to make a payment to Merchant through CLICKNGETS Services. All commercial terms are offered by and agreed to between you and Sellers alone. CLICK N GETS MEDIA CORPORATION does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of any commercial terms between the User and Merchant.
In order to use the CLICKNGETS Services, you must link you bank account/card details, to CLICKNGETS Services. When you make a payment to Merchant or Transfer Fund using the CLICKNGETS Services, you are authorizing us to initiate an electronic transfer from your linked bank account in the amount you specify. You are solely responsible for complying with any terms set by your bank with respect to your bank account, including any fee terms, such as non-sufficient fund or overdraft fee terms. If you receive a payment from Merchant or Fund Transfer via CLICKNGETS Services or are entitled to a reversal, refund, or other adjustment associated with a payment or Fund Transfer made by you using the CLICKNGETS Services, you also authorize a credit to your linked bank account to complete that transaction.
If you make payment for a purchase using the CLICKNGETS Services or using for Fund Transfer, fund will be transferred to Merchant/ Users instantly.
CLICK N GETS MEDIA CORPORATION does not provide any endorsements or guarantees for any individual or entity using the CLICK N GETS Registered Users, nor any third party offers, goods or services featured on our websites. Information regarding third party offers, goods, and services is provided on our websites for informational purposes only, and may not be true, accurate, or reliable.
Information provided by CLICK N GETS MEDIA CORPORATION or otherwise obtained from the Website will not be used for any unauthorized and unlawful purpose;
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by CLICK N GETS MEDIA CORPORATION, unless you have been specifically allowed to do so in a separate agreement with us;
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services);
You agree that you are solely responsible for (and that CLICK N GETS MEDIA CORPORATION has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which CLICK N GETS MEDIA CORPORATION may suffer) of any such breach. CLICKNGETS Services is not transferable.
Faster Checkout option: When you enter your debit card/debit card details for the first time while making a payment, we will provide you an option to save such card details for faster checkout. If you select the ‘One Tap Checkout’ option (currently name as One Tap Checkout), you understand and agree that we will save your card details in a manner compliant with our PCI DSS certification. For the next time when you make a payment using the Services, you will not be required to enter your card details. You can simply click on the saved card, while making a payment request and your payment instructions will be sent to the Payment System Providers for authentication, authorization and processing. The second part ‘auto-read OTP’ option is currently only available on our android mobile application.
Auto-Read of One Time Password (“OTP”): OTP is a one-time password, which is provided by your issuing bank in order to carry out the second factor authentication of your debit/credit card. If you register for our ‘One Tap’ feature, you understand that we will be able to retrieve your OTP from the message received on your mobile and populate and submit the OTP on the issuer’s page for second factor authentication of your debit/credit card. In order to avail the entire ‘One Tap’ feature, you may go to the payment page and save the card for One Tap Checkout.
You understand that you have agreed to select the ‘One Tap’ feature in whole or in part at your own risk and for your convenience. You agree that we are only acting as your technology intermediary and eliminating the need for you to manually enter your card details or OTP. All information and instructions received from your Card will be deemed to have been authorized by you and we shall not be liable for any unauthorized use of your Cards or any unauthorized transactions made using the whole or any part of the ‘One Tap feature’. It is to be clarified that the ‘One Tap’ feature doesn’t avoid the two-factor authentication system, it only provides a technology platform which eliminates the need of manual typing of card details and OTP by you. We emphasize that we are not involved in the authentication, authorization and processing of you payment request and only facilitate you in sending such payment instruction to the Payment System Provider.
In the event that your device (mobile, tablet, laptop, etc.) is stolen/lost or your suspect any unauthorized use of your debit/credit Card, please ensure you go to the payment page of CLICKSNGET App and de-activate the ‘One Tap’ feature immediately. You should also inform us of the same after de-activation at SUPPORT@CLICKNGETS.com. In the event that you have de-activated the ‘One Tap’ feature and informed CLICK N GETS MEDIA CORPORATION of the same and thereafter an unauthorized transaction is made, CLICK N GETS MEDIA CORPORATION’s service provider will take responsibility for the same provided that you provide us with adequate information that the transaction was not made by you or any person that you know. CLICK N GETS MEDIA CORPORATION’s service provider shall determine that legitimacy of the claim at our sole discretion.
CHARGES
Currently, we do not charge you to use the CLICKNGETS Services. However, your mobile network operator may charge you to access the CLICKSNGEand you are responsible for these charges.
Please note that in future CLICKNGETS Services may be chargeable at the discretion of CLICK N GETS MEDIA CORPORATION, in the form and manner prescribed for such payment. CLICK N GETS MEDIA CORPORATION may at its discretion, change, amend, increase, or reduce the Service Charges without prior intimation to the Customer.
CLICK N GETS MEDIA CORPORATION reserves the right to introduce a policy as per the applicable RBI guidelines for CLICKSNGEService expiration and balance forfeiture in future. The terms and conditions related to any such policy that we may introduce in the future will come into effect from the date that will be clearly indicated under the “Terms of Use” for CLICKNGETS Services.
YOUR INFORMATION
When you use the CLICKNGETS Services, we will send your information (including, where applicable, your encrypted payment card details) from the CLICKSNGEserver to the third party payment services provider.
By using CLICKNGETS Services you agree to receive promotional SMS/Emails from CLICK N GETS MEDIA CORPORATION or its associates, agent or partners.
Your privacy is very important to CLICK N GETS MEDIA CORPORATION. When you using CLICKNGETS Services, you confirm that you have read and accepted our Privacy Policy. The Privacy Policy, which is accessible through the CLICKNGETS Services and forms an integral part of this Agreement, describes how we collect and use your Information.
The CLICK N GETS MEDIA CORPORATION reserves the right to use your Information in order to contact you in the future in relation to marketing any other products or services offered by the CLICK N GETS MEDIA CORPORATION, any of its related group companies or participating merchants.
You shall be responsible for maintaining the confidentiality of your personal and sensitive data or information and you shall be responsible for all activities that occur under your use of CLICK N GETS Registered Users. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, we shall have the right to indefinitely suspend or block your access to CLICKNGETS Services.
YOUR OBLIGATIONS
CLICKNGETS Services availability is subject to the maintenance of an active mobile phone, internet connection with an associated telecom provider and Bank / Card Account. CLICKNGETS Services availability is subject to the maintenance of a mobile phone handset and other application on which Services run and the Customer is solely responsible for all liability arising from the unavailability of Services due to a mobile handset or internet service provider not supporting any CLICKNGETS Services channel or application.
You must ensure the availability of sufficient funds before executing any Transaction from your CLICKNGETS Services.
You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of CLICKNGETS Services. In case the Password is lost or misplaced, you shall promptly inform CLICK N GETS MEDIA CORPORATION by calling at the customer care numbers where after the Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone/ SIM card associated with your CLICKNGETS Services is lost/stolen/misplaced/ no longer in your control; you shall promptly inform CLICK N GETS MEDIA CORPORATION. CLICK N GETS MEDIA CORPORATION will upon receipt of such information block the relevant account.
You shall intimate CLICK N GETS MEDIA CORPORATION about change in your address, if any, in writing along with such proof of address as per the KYC documents.
You shall not use CLICKNGETS Services for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, CLICK N GETS MEDIA CORPORATION policy or public policy or for any purpose that might negatively prejudice the goodwill of CLICK N GETS MEDIA CORPORATION.
You acknowledge and understand that CLICKNGETS Services are linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/ theft / misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider, in respect of the Services.
Information submitted by you for availing CLICKNGETS Services and/or information submitted while using CLICKNGETS Services may be shared with third parties by CLICK N GETS MEDIA CORPORATION, inter alia, to facilitate the provision of CLICKNGETS Services.
You shall ensure that the Services are not used for Transactions in foreign currency. CLICKNGETS Services is issued & shall be valid only in India and shall be used at Merchant Establishments only in India.
Without limiting the foregoing, you agree that you will not use the CLICK N GETS MEDIA CORPORATION Site to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; Infringes any patent, trademark, copyright or other proprietary rights; contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its web-sites, any software or hardware, or telecommunications equipment; Advertises or offers to sell any goods or services for any commercial purpose; is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material; Violates any law for the time being in force; Belongs to another person to which you do not have any right to; Interferes with or disrupts CLICK N GETS MEDIA CORPORATION’s websites, servers, or networks; Impersonate any other person; Harm minors in any way; Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate your presence on its websites; Engage in any illegal activities; Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence, or prevents the investigation of any offence or insults any other nation.
You shall not misuse, rent, lease, assign, or otherwise transfer the CLICKNGETS Services to any other Person. You may not alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from or included in the CLICKNGETS Services/System. All rights, title and interest to the CLICKNGETS Services are owned exclusively by CLICK N GETS MEDIA CORPORATION.
You will only use the CLICKNGETS Services for your own purposes and not on behalf of any other person or entity;
You and all payments initiated by you will comply with all laws, rules, and regulations; and you will not use the CLICK N GETS Registered Users, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the functionality of the CLICKNGETS Services.
You will not breach these Terms or any other applicable terms or policies;
You will not engage in illegal or fraudulent activities. You will not engage in transactions involving illegal goods, including but not limited to counterfeit goods, stolen goods, illegal or controlled substances, and substances that pose a risk to consumer safety, counterfeit services, illegal gambling, and money laundering, purchase, sale, or exchange of Virtual Currency, or provide a Virtual Currency marketplace or exchange;
You will not attempt to receive or actually receive duplicate compensation for a disputed payment from the Merchant, CLICK N GETS MEDIA CORPORATION, and/or your bank; or
You will not engage in activity that indicates, in CLICK N GETS MEDIA CORPORATION’s sole discretion, that there may be a high level of risk associated with you, or your Account activity. The use of any CLICKSNGEthat has connectivity to the Internet or any external network poses an increased risk, and you assumes all liability for such increased risks.
You will fully cooperate with CLICK N GETS MEDIA CORPORATION in complying with the laws.
You shall liable for data security breach and credit card information if you fail to protect the data and information. You shall protect your data.
You must vigilantly comply with all applicable law, including, without limitation to, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made thereunder and any other law for the time being in force, and shall not do, or omit to do, any act that will cause CLICK N GETS MEDIA CORPORATION to be in breach of any such applicable law. If you breach the terms of this agreement, you shall indemnify us against any costs claims and liabilities arising as a result of the breach.
You shall not, fraudulently or dishonestly, make use of the electronic signature, password or any other unique identification feature of any other person and shall not misuse communication device or computer resource of CLICK N GETS MEDIA CORPORATION, without its permissions, and further use the said devices for cheats by personation.
REFUNDS POLICY
SECURITY AND UNAUTHORISED PAYMENTS
We give you the opportunity to choose a password to gain access to the CLICKNGETS Services itself or to various features within the CLICKNGETS Services. As long as the correct Password is entered (or if you elect not to use a Password), we will assume that you are the person giving instructions and making payments or fund transfer and you will be liable for them. You must therefore choose a secure Password that is not easily guessed by another person, keep the Password is secret and make sure that it is not stored in a way that enables others to access it or impersonate you. In addition, for the avoidance of doubt, if you disclose the Password to any person whom you authorise to access the CLICKNGETS Services, you are also responsible and liable for any access, use, misuse or disclosure of your Password by such person.
If you become aware of a payment being made via the CLICKNGETS Services that was not authorised by you or if you lose the device on which the CLICKSNGEis installed, disclose your Password to a person unauthorised by you, or believe that someone else can use the CLICKSNGEby impersonating you, you should inform us immediately and we will disable the payments feature of the CLICKSNGEuntil you re-enter your payment card details in the CLICK N GETS Registered Users. Unless and until you provide such notice:
you will be responsible for any instruction which we receive and act on, even if it was not given by you; and
we will not be responsible for any unauthorised access to confidential information about you in the CLICK N GETS Registered Users.
We can refuse to act on any instruction including where we believe an instruction: (i) was unclear; (ii) was not given by you; or (iii) might cause us to breach a legal or other duty; (iv) if we believe the CLICKSNGEis being used for an illegal purpose; or (v) may harm our reputation.
You agree to fully cooperate with us, affiliates, payment gateway service providers, Banks, merchants, regulatory authorities and the police where you or we suspect there have been Unauthorised Payments in respect of the CLICKNGETS Services.
OUR OBLIGATIONS
When you use the CLICKNGETS Services, we are acting as an intermediary to assist you in concluding the purchase of goods or services from participating merchants or to make the payment successful to the recipient . When you purchase goods or services from participating merchants, the contract for the sale of those goods or services will be between you and the merchant.
You understand and agree that the CLICK N GETS MEDIA CORPORATION shall not be responsible for the outcome of your transactions with external merchants via the CLICKNGETS Services. We do not have control, nor shall we be liable for, the legality of, or the use of, the goods and services that are paid for using the CLICKNGETS Services.
CLICK N GETS MEDIA CORPORATION shall not be responsible for any fraudulent transaction by any person in any manner whatsoever.
CLICK N GETS MEDIA CORPORATION shall not be responsible for any chargeback, refunds or cancellation of products or services.
CLICK N GETS MEDIA CORPORATION will take adequate encryption and security measures to maintain the data secured generated and it shall maintain high standards in relation to providing secure services to you.
CLICK N GETS MEDIA CORPORATION is not responsible for any non-performance or breach of any contract entered into between you and Merchants. CLICK N GETS MEDIA CORPORATION cannot and does not guarantee that the concerned Merchants and/or You will perform any transaction concluded via CLICK N GETS Registered Users, CLICK N GETS MEDIA CORPORATION shall not and is not required to mediate or resolve any dispute or disagreement between Merchants and You.
CLICK N GETS MEDIA CORPORATION is only providing a platform for the purposes of transaction and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between you and Merchants. At no time shall CLICK N GETS MEDIA CORPORATION hold any right, title or interest over the products nor shall CLICK N GETS MEDIA CORPORATION have any obligations or liabilities in respect of any transaction between you and Merchants. CLICK N GETS MEDIA CORPORATION is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable etc.
It is the responsibility of you and the relevant Merchants, not us, to resolve any dispute or claim raised by you relating to any payments or fund transfer made via the CLICKNGETS Services. We may, however, initiate a refund if (a) a payment made via the CLICKNGETS Services is reversed by a court, regulatory authority or other third party acting in accordance with applicable law, (b) we, in our sole and absolute discretion, accept or have reason to believe that a payment was not authorized by you, or (c) a payment is allegedly unlawful, suspicious, or in breach of this Agreement. Where you have a dispute with Merchants, we will provide information we hold, which may assist resolution and otherwise attempt to assist you as far as we consider practicable. We may charge you an administration fee to cover our reasonable costs of providing any such assistance.
CLICK N GETS MEDIA CORPORATION is as an independent entity under the terms and conditions of this Agreement. CLICK N GETS MEDIA CORPORATION has no relationship with Merchant. You alone shall be responsible and neither CLICK N GETS MEDIA CORPORATION nor the Bank or anybody connected to CLICK N GETS MEDIA CORPORATION shall have any responsibility or liability. CLICK N GETS MEDIA CORPORATION is neither concerned nor required to monitor in any manner the use of the payment or fund transfer modes by you. You should be required to use the payment modes at their sole option and risks.
CONSENT TO COMMUNICATIONS AND TRANSACTIONS:
YOUR USE OF OUR INFORMATION
TERMINATION/SUSPENSION OF SERVICE
We may suspend or terminate your access to the CLICKNGETS Services without notice where it is reasonable for us to do so and specifically if: (i) for any reason we decide to discontinue to provide the CLICK N GETS Registered Users, (ii) we believe that you have breached any of the terms of this Agreement, (iii) your use of the CLICKSNGEhas been in any way improper or breaches the spirit of this Agreement, (iv) we reasonably believe use of the CLICKSNGEmay be at risk of fraud or misuse; (v) our information technology infrastructure has failed, is experiencing outages or requires maintenance; or (vi) ordered or recommended to do so by the security services, court or a relevant regulatory authority.
CLICK N GETS MEDIA CORPORATION reserves the right to suspend/discontinue CLICKNGETS Services to you at any time, for any cause, including, but not limited, to the following-
For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the terms and conditions mentioned in this document
For any suspected discrepancy in the particular(s), documentation or registration Form provided by you;
To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure reasons etc;
If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons.
If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
If the mobile connection with which your CLICKNGETS Services is related ceases to be operational or in your possession or control.
If CLICK N GETS MEDIA CORPORATION believes, in its reasonable opinion, that cessation/ suspension is necessary.
THIRD PARTY INFORMATION ON THE WEBSITE
As some information appearing on the Website is provided to CLICK N GETS MEDIA CORPORATION by third parties, CLICK N GETS MEDIA CORPORATION will have no liability in respect of any loss or damage arising from third party information which appears on the Website, including the manner in which the information is displayed or information which may be: Out of date; Inaccurate; Duplication; Impersonation by a person to be another person.
All dealings and communication arising from CLICK N GETS MEDIA CORPORATION’s facilitation of interaction between Merchant and users will be between the Merchant and users only and CLICK N GETS MEDIA CORPORATION is not responsible in any manner for any communication between the users and the Merchant, and has no liability in respect of such dealings whatsoever. CLICK N GETS MEDIA CORPORATION is not an agent for any of the Merchants listed on this Website and CLICK N GETS MEDIA CORPORATION has no responsibility for and no liability whatsoever in respect of the conduct of a Merchant or quality of service provided by a Merchant.
ADDITIONAL T&Cs
When you acquire goods, software or any other services from a Merchant Establishment through any of CLICK N GETS MEDIA CORPORATION’s Services, you understand and agree that, CLICK N GETS MEDIA CORPORATION is not a party to the contract between you and the Merchant Establishment. Furthermore, CLICK N GETS MEDIA CORPORATION is under no obligation to monitor the Merchant Establishment’s service used by you; the Merchant Establishment alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant Establishment must be directly resolved by the Customer with the Merchant Establishment. It is clarified that CLICK N GETS MEDIA CORPORATION shall not be responsible or liable for any deficiency in goods and/or services purchased using CLICKNGETS Services. This exclusion of liability shall apply even for goods and/or services made available by CLICK N GETS MEDIA CORPORATION under promotional schemes. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.
Any amount transferred erroneously by the Customer to any Merchant Establishment shall not be refunded to the Customer by CLICK N GETS MEDIA CORPORATION in any circumstances.
In the event of any dispute, CLICK N GETS MEDIA CORPORATION records shall be binding as the conclusive evidence of the Transactions carried out through use of CLICKNGETS Services.
CLICK N GETS MEDIA CORPORATION shall send all customer communications by SMS and/or email/link and the SMS/link/email shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator.
You agree to receive all commercial message including transactional messages from CLICK N GETS MEDIA CORPORATION.
DISCLAIMER:
WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE PLATFORM/NETWORK AND SERVICES OFFERED. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.
THE CLICKNGETS Services IS PROVIDED “AS IS” “WHERE IS”, “WITH ALL FAULTS” BASIS. WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SATISFACTORY QUALITY, FITNESS FOR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICE OFFERED THROUGH THE CLICK N GETS REGISTERED USERS.
WE MAKE NO WARRANTY THAT THE OPERATION OF THE CLICKSNGEWILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS ,OR REPRESENT THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS THEREIN.
LIMITATION OF LIABILITY:
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER CLICK N GETS MEDIA CORPORATION, NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO USERS OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERMS, THE SITE OR THE OFFERINGS, EVEN IF ANY OF SAID PARTIES HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO INR ONE HUNDRED (INR 100).
INDEMNITY: You agree to indemnify, defend and hold CLICK N GETS MEDIA CORPORATION and/or related parties harmless from any and all claims, losses, damages, and liabilities, penalty, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to your use or misuse of the CLICKNGETS Services, any breach of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you.
COMPLIANCE WITH LAW: CLICK N GETS MEDIA CORPORATION shall comply with the laws as applicable for the time being in force.
CONFIDENTIALITY: You specifically agree that in order to facilitate the provision of CLICKNGETS Services, CLICK N GETS MEDIA CORPORATION may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise.
INTELLECTUAL PROPERTY RIGHTS: The CLICK N GETS MEDIA CORPORATION hereby grants you the non-exclusive, non-transferable right to use our CLICKNGETS Services in accordance with this Agreement. We, or our licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (“IP Rights”), in and to the website, the Usage Data or CLICKNGETS Services. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the Site, the Platform or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the CLICKSNGEto create a competing product. You hereby acknowledge that by using the CLICKNGETS Services, you obtain no rights in the software, trademarks or content related to the CLICKSNGEand you may only use the same in accordance with this Agreement. Unauthorized use is strictly prohibited. All rights are expressly reserved to CLICK N GETS MEDIA CORPORATION.
SYSTEM COMPLAINTS AND DISPUTE RESOLUTION: For Redressal of disputes/complaints you can email to us at SUPPORT@CLICKNGETS.com, with brief details of your complaint or call on our hotline No. 814 049 3271. Our customer service staff will acknowledge and redress your complaint on best effort basis.
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, at the sole discretion, by CLICK N GETS MEDIA CORPORATION. Arbitration shall be held at Mumbai, India. The proceeding of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. The parties irrevocably agree that the Agreement shall be governed by and construed in accordance with the laws of India and the courts of Mumbai, India, shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement and waive any objection to such personal jurisdiction based on forums non-convenience or any other basis.
FORCE MAJEURE: CLICK N GETS MEDIA CORPORATION shall not be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by technical issue, server malfunction, war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, web space or website by way of hacking, virus prone, defacement, stoppage of display or transmission of the website/app of CLICK N GETS MEDIA CORPORATION, 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.
GENERAL:
We reserve the right to modify or terminate the CLICKNGETS Services at any time, without notice, and we will not be liable to you as a result of any such action.
CLICK N GETS MEDIA CORPORATION shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates group companies.
This Agreement constitute the entire Agreement between Merchant and the CLICK N GETS MEDIA CORPORATION pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the parties.
The Parties to this Agreement are independent contractors and nothing in this Agreement shall make them joint ventures, partners, employees, agents, associates, affiliates or other representatives of the other party hereto.
To the maximum extent permitted by law, you waive, release, discharge and hold harmless CLICK N GETS MEDIA CORPORATION, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Platform/ CLICKNGETS Services.
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.
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.
In this Agreement and unless otherwise stated, “we”, “us” or “our” refers collectively to the CLICK N GETS MEDIA CORPORATION and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.
(a) Contract means this Contract together with all Schedules and Annexures (if any);
(b) References to a party hereunder shall include such party’s successors, permitted assigns and any persons deriving title under it;
(c) The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of the content of such Clauses;
(d) The use of words in the singular or plural, or with a particular gender, shall not limit the scope or exclude the application of any provision of this Contract to such person or persons unless the context otherwise permits;
(e) Any grammatical form of a defined term herein shall have the same meaning as that of such term; and The words “including” and “includes” herein shall always mean “including, without limitation” and “includes, without limitation”, respectively
(i) These Terms of Service, including any Annexures hereto, (“Terms”) along with the Contract Form set forth the terms and conditions under which the Advertiser may be identified as a Vendor to the Users. The Contract shall come into effect upon the Advertiser or any authorized agent of the Advertiser signing and delivering the Contract to CLICK N GETS MEDIA CORPORATION and upon the realization of consideration. (“Effective Date”). The Contract will override any previous understanding (whether written or oral) between the Advertiser and CLICK N GETS MEDIA CORPORATION on the subject matter hereof. The Contract shall be valid and effective for 1 (one) year or more from the Effective Date unless otherwise agreed by the parties and in accordance with the terms of the Contract subject to payment received under the Contract. The Contract would automatically stand renewed unless (a) the Advertiser intimates CLICK N GETS MEDIA CORPORATION by prior written notice (either by email or through registered post) at least 3 (three) months before the expiry of the 1 (one) year tenure, expressing their intention not to renew the Contract or (b) is terminated by either Party prior to renewal in accordance with these Terms. In the absence of any written communication by the Advertiser as to non-renewal after the expiry of the 1 (one) year tenure or unless terminated earlier by either Party, the Contract would stand automatically renewed on terms of this Contract. By agreeing to the terms of the Contract, the Advertiser shall be deemed to have consented unconditionally to all such addendums and amendments to the Contract without requirement of any specific notice or signature thereto. The Advertiser acknowledges and agrees that in case of conflict between this Contract and the terms and conditions (“Terms of Service”) contained on the Website, the Terms of Service as updated in website shall prevail. CLICK N GETS MEDIA CORPORATION is entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to the Advertiser. It shall be the sole responsibility of the Advertiser to visit the Website and update himself / herself of the changes to the Terms of Service. Any changes to or amendment to these Terms or the Terms of Service will be deemed to take effect from the Effective Date and will be binding on the Advertiser.
(ii) Subject to terms set out in Clause above, it is clarified that the automatic renewal of the Contract will also be subject to sufficient credit balance of Advertiser being available in the Advertiser’s account with CLICK N GETS MEDIA CORPORATION. It is further clarified that in ECS/ CCSI mandate should be active and the payment should be honored on the stipulated date for the purposes of renewal of the contract.
(iii) The automatic renewal of this Contract is subject to the absolute discretion of CLICK N GETS MEDIA CORPORATION. The amount mentioned in the Contract Form along with any other document which forms a part of this Contract (“Total Fee”), is the decided fee for the provision of Services and shall not be reviewed at any point except at the discretion of CLICK N GETS MEDIA CORPORATION. By accepting these Terms, the Advertiser confirms to pay the Total Fee on the terms set out therein.
(iv) Advertiser hereby authorizes that upon the execution of ECS / CCSI MANDATE CLICK N GETS MEDIA CORPORATION is authorized to DEDUCT minimum of 9 months ECS, thereafter Advertiser has the option of terminating the contract. The Advertiser shall only terminate the Contract upon the completion of minimum tenure of 9 months from effective date which can be terminated by giving prior 3 (Three) months written notice (either by email or through registered post) to its bill due date, expressing intentions of discontinuing the Services.
(v) In respect of Platinum, Diamond (which are Premium position listings) or any other Listings, where the payment mode and manner opted by the Advertiser is Electronic Clearing Service (ECS) or Credit Card Standing Instruction (CCSI), the Contract would be automatically renewed as mentioned in Clause 4 of these Terms, however such automatic renewal is subject to the condition that same will be so renewed at revised values (commercials) as existing on the date of automatic renewal and on such other terms as may be determined solely by CLICK N GETS MEDIA CORPORATION. Notwithstanding anything contained in this Contract, the automatic renewal and the terms of such renewal will be at the absolute discretion of CLICK N GETS MEDIA CORPORATION.
(vi) It is clarified that, irrespective of whether the Advertiser has registered or not registered their entity/ firm’s contact numbers in the “Do Not Call” registry of Telecom Regulatory Authority of India (TRAI), or any other statutory body, upon the signing and acceptance of the Contract, the Advertiser would be deemed to have given their consent and authorized CLICK N GETS MEDIA CORPORATION to share the Advertiser’s details and contact numbers for business and promotional purpose with Users of the Service. Further the Advertiser, by signing and accepting the terms of the Contract, has given his consent to CLICK N GETS MEDIA CORPORATION to contact him for any business promotion of CLICK N GETS MEDIA CORPORATION. The Advertiser confirms that CLICK N GETS MEDIA CORPORATION shall be at liberty to carry out all the obligations undertaken under the Contract. The Advertiser also undertakes to take all such measures as may be necessary to ensure that the Users do not encounter any difficulty in contacting the Advertiser. In the event the Users are unable to contact the Advertiser it would not be deemed to any deficiency in the Services rendered by CLICK N GETS MEDIA CORPORATION. The Advertiser undertakes to comply with all the present and future TRAI regulations or regulations of any other regulatory bodies on subject matter covered under this clause and would ensure that User or CLICK N GETS MEDIA CORPORATION will not face any difficulty in contacting the advertisers or for the purposes of entering into this Contract.
i) CLICK N GETS MEDIA CORPORATION allows the Advertiser to make the remaining payments for the Services, after payment of the Service Fee, i.e., the Total Fee excluding Service Fee (“Subscription Fee”) by way any of the following modes:
(i) Cheque; (ii) Demand Draft; (iii)RTGS (Real Time Gross Settlement); (iv) ECS (Electronic Clearing Service); and, (v) CCSI (Credit Card Standing Instruction) (vi) NACH (National Automated Clearing House)
(ii) It is hereby clarified that CLICK N GETS MEDIA CORPORATION does not encourage/prefer that payments be made in cash. Any cash payments made by the Advertiser pursuant to a contract with CLICK N GETS MEDIA CORPORATION, shall be at the sole risk of the Advertiser, without any recourse to CLICK N GETS MEDIA CORPORATION.
(iii) Payments can be made by the Advertiser either weekly, fortnightly, monthly, quarterly and half-yearly as directed by CLICK N GETS MEDIA CORPORATION. CLICK N GETS MEDIA CORPORATION shall make best efforts to activate the contract within 14 (Fourteen) working days from the date of receipt of the Service Fee into its bank account, for the respective Listing (subject to delay due to technical malfunctions). However CLICK N GETS MEDIA CORPORATION will not be liable in any manner for any delay in activating the contract of an Advertiser.
(iv) The Advertiser hereby agrees that it shall make the payment via such mode which is mentioned on the Clause 8 of these Terms. Any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881. The Advertiser shall also be liable to pay interest @18 % per annum during that period.
(a) On receipt of the Service Fee and activation of the Listing thereafter, CLICK N GETS MEDIA CORPORATION will issue an invoice to the Advertiser containing, interalia, the following details: (i) The Total Fee including the fees paid and payable as on the date of the invoice; (ii) The Listing allotted to the Advertiser; and (iii) Description of the products and services of the Advertiser.
(b) It is hereby clarified that in the event of a conflict between the information relating to Sub-clauses (I), (ii) and (iii) above, as contained in these Terms and in the Invoice, the provisions of the invoice shall prevail.
Invoice is valid subject to realization of payment.
(a) Advertiser represents and warrants that (i) it is a bona fide business organization carrying on business in relation to the items disclosed to CLICK N GETS MEDIA CORPORATION; (ii) it has the rights to use the trademarks; (iii) the business carried on by Advertiser does not violate or infringe upon any law or regulation and all registrations, authorizations and /permission necessary approvals required for carrying on business have been procured by it; and (iv) all information provided about itself (Advertiser) to CLICK N GETS MEDIA CORPORATION, is and shall at all times be accurate, valid and complete; (v) it would be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by the Advertiser to CLICK N GETS MEDIA CORPORATION) to CLICK N GETS MEDIA CORPORATION.(vi) Advertiser shall not have right to terminate the contract upto 9 months from the date of activation of the contract. For the purpose of clarity it is agreed between the parties that CLICK N GETS MEDIA CORPORATION will not be liable to refund any ECS amount which has been deducted during the validity of the agreement.
(b) Additional Covenants (i) The Advertiser acknowledges and accepts that any grievance as to the Services will be entertained only as long as the Contract remains in force and that CLICK N GETS MEDIA CORPORATION will not entertain such grievances post-expiry or termination of the Contract; (ii) Advertiser accepts that it is responsible to cross verify and ensure filling up of all the Advertiser details including but not limited to the contact information, information pertaining to its products/services provided by the Advertiser and keep CLICK N GETS MEDIA CORPORATION updated in this regard. Further the advertiser shall ensure that contract Form will be free from any handwritten notes or overwriting. In the event the relevant information form is not filled completely or accurately, the Advertiser would, by default, be bound by the explanation or description of the product/service or any other details of the Advertiser communicated by CLICK N GETS MEDIA CORPORATION to the Users or any other third party; (iii) Advertiser hereby agrees to keep proper receipts, invoices and details for the transactions entered into by it (Advertiser) and the User; (iv) The Advertiser undertakes to provide a copy of the licenses/ registrations or any other documents including but not limited to valid Identity proofs such as ration card, adhar card, pan card, passport, voter id card and residential proofs such as electricity bill, telephone bill, bank passbook etc, as required by it (Advertiser) to run the business. The Advertiser acknowledges that any breach of the covenants set forth herein may cause delay in activation, non-activation or termination of the Contract by CLICK N GETS MEDIA CORPORATION, at its sole discretion. Advertiser further acknowledges that Advertiser shall not be entitled for any refund, compensation, damages, expenses, interest arising of out of business loss, claims, actions, inconvenience suffered by Advertiser from delay in activation of services , non-activation of services or termination of the contract due to their (Advertiser’s) fault of not providing documents, delay in providing the relevant documents or providing incomplete documents to CLICK N GETS MEDIA CORPORATION. It is further acknowledged by an Advertiser that CLICK N GETS MEDIA CORPORATION will be at no obligation to followup with Advertiser for the documents as mentioned herein and it will be Advertiser’s sole responsibility including but not limited to share all the relevant documents confirming their identity, address and business registration details with CLICK N GETS MEDIA CORPORATION. (v) Advertiser hereby agrees and undertakes that during the term of this Agreement and after its termination of this Agreement (for any reason), it will not directly or indirectly forward leads/enquiries to any third party, mis-utilize, cheat, solicit, or usurp or attempt to solicit, divert or take away any of CLICK N GETS MEDIA CORPORATION’s enquiries/leads. Any such conduct by Advertiser will lead to a termination of the contract and CLICK N GETS MEDIA CORPORATION at its discretion will initiate proceedings against advertiser before appropriate forum. (vi) Advertiser hereby agrees and confirms that during the term of this Agreement and after its termination (for any reason), Advertiser will not directly or indirectly either for itself or for any other commercial enterprise, solicit, divert, hire or attempt to solicit, divert or usurp, any of CLICK N GETS MEDIA CORPORATION’s employees, business or prospective users/callers. Advertiser shall not advertise or perform any solicitation, including but not limited to solicitation of users to use the services of Advertiser directly or promoting its services by any means whereby user are motivated to not to use the CLICK N GETS MEDIA CORPORATION website/services or to use the Advertiser website/services directly. Any conduct by Advertiser that in CLICK N GETS MEDIA CORPORATION’s discretion restricts or inhibits any other user/customer from using or enjoying the CLICK N GETS MEDIA CORPORATION services will not be permitted. During the term of this Agreement and for 5 (five) years after any termination of this Agreement, Advertiser will not directly or indirectly, in any capacity:- (a) solicit any users of CLICK N GETS MEDIA CORPORATION by means of providing discounts, gift coupons etc in the event users uses the website of Advertiser directly. (b) divert, entice, or otherwise take away from CLICK N GETS MEDIA CORPORATION the business of any user/customer, or attempt to do so, or (c) solicit or induce any user/customer to divert or reduce its relationship with the CLICK N GETS MEDIA CORPORATION.
(a) Advertiser confirms that it will be solely responsible and liable for allmatters between User and the Advertiser , including but not limited to transactions entered into between such User and the Advertiser. Further, it is hereby declared that CLICK N GETS MEDIA CORPORATION does not verify the identity of the User of the Service and that the information provided to Advertisers is the information received from the User and will not be independently verified by CLICK N GETS MEDIA CORPORATION.
(b) In the event of receipt of multiple complaints from the Users regarding the Advertiser or Advertiser’s product/service, CLICK N GETS MEDIA CORPORATION reserves the right to discontinue the provision of Service to the Advertiser or take any other action as deemed appropriate. Notwithstanding anything to the contrary contained in this Contract, CLICK N GETS MEDIA CORPORATION may also forfeit the amount lying to the credit of such Advertiser and terminate the Contract at its sole discretion.
(c) Advertiser also agrees that at no time shall CLICK N GETS MEDIA CORPORATION vouch for or guarantee the performance of services or delivery of products by the Advertiser and CLICK N GETS MEDIA CORPORATION will not be liable for any non-payment of amounts due to the Advertiser by any User.
(a) The Advertiser may only terminate the Contract, by giving 3 (three) months written notice (either by email or through registered post), prior to the automatic renewal of the same, stating his intentions of discontinuing the Services.
(b) CLICK N GETS MEDIA CORPORATION reserves the right to terminate the Contract at any time, either with or without cause. If the Advertiser commits a breach of a material duty owed to CLICK N GETS MEDIA CORPORATION, CLICK N GETS MEDIA CORPORATION may, at its discretion, call upon the Advertiser to rectify the breach within 21 (twenty one) days of the receipt of notice, failing which CLICK N GETS MEDIA CORPORATION may terminate the relationship between Advertiser and CLICK N GETS MEDIA CORPORATION.
(c) Upon termination of the Contract, CLICK N GETS MEDIA CORPORATION will not be bound to delist the Advertiser as a Vendor and cease disseminating Information of the Advertiser to the Users. However upon termination, CLICK N GETS MEDIA CORPORATION shall have the right to delist the Advertiser without prior intimation thereof to the Advertiser.
(d) In case of technical difficulties in continuing the contract, CLICK N GETS MEDIA CORPORATION reserves the right to terminate the contract by giving written/oral intimation to the advertiser.
(e) Upon termination of the Contract, either by efflux of time or by determination under this Contract, the balance of the deposit placed by the Advertiser with CLICK N GETS MEDIA CORPORATION, if any, (after deducting payments for the period/tenure for which Services have already been provided by CLICK N GETS MEDIA CORPORATION) shall be retained by CLICK N GETS MEDIA CORPORATION. Under no circumstances, shall the Advertiser be entitled to claim a refund of amounts already paid to CLICK N GETS MEDIA CORPORATION.
(a) CLICK N GETS MEDIA CORPORATION’s interpretation of the Contract shall be final and binding on Advertiser.
(b) Advertiser agrees that no joint venture, partnership, employment, or agency exists between Advertiser and CLICK N GETS MEDIA CORPORATION and that the Advertiser is not entitled to bind CLICK N GETS MEDIA CORPORATION by its actions.
(c) CLICK N GETS MEDIA CORPORATION is subject to existing laws and legal process and nothing contained in the Contract is in derogation of CLICK N GETS MEDIA CORPORATION’s right and obligation to comply with the law.
(d) If any clause or part thereof of the Contract is held to be invalid or unenforceable then the invalid or unenforceable clause/ provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and is nevertheless valid and enforceable and the remainder of the Contract shall continue in effect. Such revision to the Contract will be deemed to have been in effect from the Effective Date.
(e) Advertiser may not assign any rights or obligations against CLICK N GETS MEDIA CORPORATION without CLICK N GETS MEDIA CORPORATION’s prior written consent. CLICK N GETS MEDIA CORPORATION reserves the right to transfer any right or obligation against Advertiser by issuance of notice of such assignment to the Advertiser. Upon such assignment, the assignee shall be bound by the Contract in the same manner as CLICK N GETS MEDIA CORPORATION and CLICK N GETS MEDIA CORPORATION shall cease to have any liability to Advertiser. However, the Parties agree that CLICK N GETS MEDIA CORPORATION has an unfettered right to assign the Contract and the Advertiser is only entitled to a notice of such assignment. The Parties further agree that assignment of the Contract by CLICK N GETS MEDIA CORPORATION will not be subject to Advertiser’s consent.
(f) CLICK N GETS MEDIA CORPORATION shall not be responsible for any delay or deficiency due to any force majeure events such natural disasters, acts of terrorism, civil labor strife, labor and transportation strikes. During a force majeure event, the obligations of CLICK N GETS MEDIA CORPORATION under the Contract will stand suspended.
(g) Nothing in the Contract obliges or will be deemed to oblige CLICK N GETS MEDIA CORPORATION to provide any credit to the Advertiser.
(h) Advertisers agrees that CLICK N GETS MEDIA CORPORATION reserves its right to present the payment mandates i.e. ECS / CCSI / NACH any number of times to receive its just dues / payments for the services rendered under this terms of service.
Identification or description of the Intellectual Property Rights that has been infringed.
Unambiguous identification or description of where the material that you claim is infringing is located on CLICK N GETS MEDIA CORPORATION portal with adequate particulars. Product ID / website links of infringing products.
Your address, telephone number, and email address.
A statement by you, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Brand/Trade Name (in case of Trademark infringement)
Details of the intellectual property being infringed (Provide copyrighted images or trademark certificates as attachments)
Details/documents of legal proceedings initiated against the entities (infringing the Intellectual Property rights of the owner)