TERMS OF SERVICE FOR LISTING SERVICES

This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of Rhobotech service via Finndit Portals. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872

This Terms of Service guides the contractual relation between Vendors (hereinafter called as "Vendor"/"Service Provider", "You" or "Your") and Rhobotech Pvt Limited (hereinafter called as Rhobotech,) and it governs the services offered by Rhobotech through its website (www.finndit.com), phone Search, SMS, APP or any other medium (collectively called "Portals”). Rhobotech offers you its services only on the Terms and any amendments made under this Terms of Service. Finndit’s endeavor will be to send the Terms of Service to you on your registered email ID and/or mobile number via Emails/SMS and the same is also published on Finndit website at https://www.finndit.com.

1) INTRODUCTION: The Services (defined hereinafter) of 'Finndit' is provided by Rhobotech, a company incorporated under the Companies Act, 1956 and having its registered office at D-185, Sector-74, Sahibzada Ajit Singh Nagar, Punjab-160055 ("Finndit"). Finndit 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. Finndit is local search engine and it primarily provides directory services to its Callers/Users as per their requirements & searches made on Finndit’s portals in as much as this terms of use is concerned as applicable to the vendors. Finndit search service is available to users through multiple platform viz., Internet, mobile internet, telephone (voice, text & SMS). Finndit is merely a medium which connects general public with vendor’s goods and services listed on Finndit, however, at the same time it does not intend to guarantee any business to such Vendors. The Vendor details as provided by them are specified in the listing available at Finndit's portals. Finndit'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. These Terms of Service (defined below) and the invoice mentioned in Clause 13 constitute the entire understanding/Contract) between Finndit and the Vendors.

2) INTERPRETATION:

    (a) Contract means this Terms of Service 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.

3)SUBSCRIPTION: Vendors 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. Finndit will provide only the Information about the Vendor to the Users in the manner provided for in these Terms. Vendor agrees and acknowledges that Finndit does not guarantee any business to the vendor and is merely a medium through which information is made available to the general public.

4) GENERAL TERMS:

    (i) This Terms of Service, including any Invoice, Annexures etc. together will be referred as "Contract/ Terms of Service". This Terms of Service will override any previous understanding (whether written or oral) between the Vendor and Finndit on the subject matter hereof. The Terms of Service 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 Service subject to the timely receipt of the payment. The Service would automatically stand renewed unless (a) the Vendor intimates Finndit 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 Service or (b) is terminated by either Party prior to renewal in accordance with these Terms. In the absence of any written communication by the Vendor as to non-renewal after the expiry of the 1 (one) year tenure or unless terminated earlier by either Party, the Service would stand automatically renewed on terms specified herein. By agreeing to the terms of the Contract, the Vendor 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. Finndit 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 Vendors. It shall be the sole responsibility of the Vendors to visit the Website and update themselves of the modifications/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 Vendor.

    (ii) The automatic renewal of the Service is subject to the absolute discretion of Finndit. The amount mentioned in the Invoice along with any other document which forms a part of this Terms of Service, Total Fee is the decided fee for the provision of Services and shall not be reviewed at any point except at the discretion of Finndit. The Vendor’s by making the payment as raised in the invoice confirms the acceptance of Terms of Service as set out herein, for availing the service from Finndit.

    (iii) It is clarified that, irrespective of whether the Vendor 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 acceptance of the Terms Of Service, the Vendor would be deemed to have given their consent and authorized Finndit to share the Vendor’s details and contact numbers for business and promotional purpose with Users of the Service and for other business purposes of Finndit. Further the Vendor, by accepting the Terms of Service, has given his consent to Finndit to contact him for any business promotion of Finndit. The Vendor confirms that Vendor shall carry out all the obligations as specified in the Terms of Service. The Vendor also undertakes to take all such measures as may be necessary to ensure that the Users do not encounter any difficulty in contacting the Vendor. In the event the Users are unable to contact the Vendor it would not be deemed to any deficiency in the Services rendered by Finndit. The Vendor 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 Finndit will not face any difficulty in contacting the Vendors.

INFORMATION DISSEMINATION : Finndit currently disseminates Information to the Users through different platforms, viz., telephone, internet, WAP (Wireless Access Protocol) and Wireless (SMS short code) SMS and WhatsApp. Finndit 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.

VENDOR LISTINGS: 1) This refers to the various kinds of Listings Service that can be selected by the Vendor. Finndit provides thefollowing kinds of listings Service ("Listings"): (a) Premium Listings (b) Package Listings (iii) Other Services as may be introduced by Finndit from time to time and or as mentioned in the invoice or the proposal forms as the case may be.

a) Premium Listing The Vendor agrees that the PREMIUM LISTINGS are the position-based services, which can be fixed or rotational in nature as reasonably decided by Finndit, as per availability in the selected categories and pin codes on the day of receipt of the payment on Finndit's account. Under rotational search, in respect of specific area search, the listing of the vendors will appear on those positions, which have been opted by them. In respect of all area searches, the listings will be displayed rotationally on the basis of amounts paid by them for that category. The Vendor agrees that it shall enlist itself under the Listing which is mentioned in Clause 6 of the Terms of Service. The packages value may vary based upon the city town, medium, category, and such other parameters as may be identified by Finndit. In the event Vendors wish to change/add any categories/pin code etc, it will be done at additional cost, depending on the availability and discretion of Finndit. However in case of removal/cancellation/deletion of any categories/pin code in the existing listing, the Vendors shall not claim to reduce the cost or refund the money on the basis of removal/cancellation/deletion of any categories/pin-codes. Finndit reserves the right to change the aforesaid Listing Service options by adding new listings or deleting the existing listings or adding, deleting, modifying or merging any categories or keywords or pin-codes. In the event the listing applied for is no longer available, Finndit shall endeavor to allot similar Listing to the Vendor. The final decision making power with regard to Listing shall however vest with Finndit and such decision shall be final and binding on the Vendor. The Vendor agrees and undertakes that if Vendor has opted for the maximum number of enquiries in the contract (irrespective of tenure), under such arrangement there shall be no fixed tenure that would be defined. The tenure would be determined on the basis of maximum numbers of enquiries provided to the Vendor’s listings. The Vendor acknowledges that numbers of enquires shall solely be dependent on the market trend/response or user’s demand and Finndit does not guarantee on the numbers of enquiries however it shall be its endeavor to provide the services on best effort basis.

b) Package Listings Under Package listings, the consideration as paid by the vendor would be allocated by Finndit, as available, over categories and pin-codes / locations as opted by the vendor for their listing/contract. The services under package listing would be on rotational basis for a given area specific search or all area search. Vendors would be given preference on the visibility in proportion to the consideration amount paid for that category etc.

c)Cost per enquiry: the Vendor/ business listing must identify the business category in which he/she wants to be listed (“Category”) and agrees to pay per enquiry & the total nos. of enquiries. An enquiry is generated when (i) in relation to Telephone & SMS when Finndit disseminates information about the vendor/ business listings to a user/caller upon the request by the caller/user for information (ii) in relation to online information, be it directory or other facilities as made available to the users who enquires relevant details of vendors his products/services or business entities details. Currently the mediums available are Telephone/ SMS & online. The cost per enquiry shall be determined based on the total nos. of enquiries divided by total amount as paid by the vendor. To clarify, upon each enquiry being generated through Finndit an amount equal per enquiry shall be deducted from the total amount paid by the vendor/business listing. Upon threshold being reached on a given day, no more enquiries shall be shared under the contract however; the vendor may have an option to renew the services as per the prevailing rates.

e) Guaranteed Leads / Calls / Transactions: Under Guaranteed Enquiry campaign, Vendor//business entities will receive enquiries, calls, among other details, in relation to the information as sought by the user. These enquiries as shared to Vendor/business entities are chargeable, as per payment plans opted by the Vendor/ business entities under this campaign. The services under Guaranteed Enquiry campaign will remain in effect till the completion of minimum enquiry commitment.

7)LISTING/ SERVICE FEES:

    a) The Vendor agrees to pay a non-refundable Listing/Service Fee for the Services that will be determined by Finndit at the time of accepting the Service. The ("Listing Fee") shall be paid by the Vendor in advance and Finndit will send the customer receipt to the registered Mobile Number and email ID of the Vendor, simultaneously after receipt of payment from Vendor. Finndit shall, at its sole discretion, reserve its right to decide the Listing Fee for the Services, from time to time.

    b) The vendor/service provider can pay the fee, either by way of upfront payment (payment of entire fee), or by way of the easy instalments payment options as available. If vendor/service provider opts to pay the fee/consideration by paying instalments, under such payment schemes, the vendor/service provider shall be liable to pay to Finndit the initial amount (including applicable Tax), at the time of registration of listing services and the balance payment can be paid through the various payment modes

8)PAYMENT MODES:

    i) Finndit allows the Vendor to make the payments for the Services, including the payment of the Service/Listing Fee, i.e., the Total Fee excluding Service Fee/ Subscription Fee by way any of the following modes: (a) Cheque; (b) Demand Draft; (c) RTGS (Real Time Gross Settlement)

    (ii) It is hereby clarified that Finndit does not encourage/prefer that payments be made in cash. Any cash payments made by the Vendor pursuant to Terms of Service with Finndit, shall be at the sole risk of the Vendor, without any recourse to Finndit. Vendors shall not share to any employee of Finndit Limited any banking related information or any information that is considered to be sensitive personal information within the meaning of Information Technology Act, 2000 as amended or any other law for the time being in force.

    iii) Payments can be made by the Vendor either weekly, fortnightly, monthly, quarterly and half-yearly as directed by Finndit. Finndit shall make best efforts to activate the Terms Of Service within 14 (Fourteen) working days from the date of receipt of the Service Fee and relevant documents into its bank account, for the respective Listing (subject to delay due to technical malfunctions). However, Finndit will not be liable in any manner for any delay in activating the Service of Vendor.

9)CONSEQUENCES OF NON-PAYMENT OF SERVICE FEE / ECS AMOUNT:

    a) The Vendor hereby agrees that it shall make the payment via such mode which is mentioned on the Clause 10 of these Terms. Any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881 including other appropriate legal proceedings to recover its just dues. The Vendor shall also be liable to pay interest @18 % per annum during that period. Finndit reserve its right to recover to recover its just dues as per the services or the packages availed by the Vendor.

    b) In the event if the Vendor fails to make any payment for the services as availed, including the Service Fee or the ECS amount, in time and as per the payment plan chosen by him, Finndit may also, in its sole discretion, suspend the Vendor’s Listing or access to the Service, as the case may be, until the Vendor makes necessary payments. Further, the Vendor agrees and acknowledges that the Vendor shall be deemed to have waived his rights to the Service and the Vendor’s listing for the period during which the Service and the Listing is suspended for non-payment. The right of Finndit to determine the listing, suspend the Service and the Listing shall be without prejudice to Finndit’s right to terminate the services for any material breach committed by the Vendor. Vendor hereby acknowledges that the opted position/listing will be released to other Vendors in the event of non-payment of Service fee or ECS amount without any notice/intimation from Finndit.

10)LUMP SUM PAYMENT MODE:

Vendors who pays the lump sum amount while availing the services under such payment mode the tenure of the Service will be equivalent to the amount paid by the Vendor.

11)PRIORITY OF INFORMATION ABOUT VENDORS:

For Finndit, providing Information that is relevant to the User is a priority. The User may or may not identify the location and category in respect of which he is seeking Information and Finndit will provide such Information (subject to availability of such information) based on such choice of the Users. Amongst the Vendors who fall within the parameters identified by the User, Information about Vendors registered with Finndit, that is, the Vendors is first provided on best effort basis, subject to delays due to any technical malfunction. Priority among Vendors i.e., determined on the basis of the listing selected by the Vendor and on the basis of Total Fee to be paid by the Vendor. Nothing contained in the herein, shall be deemed to restrict or prevent Finndit from providing Users with Information about other Vendors whether in priority to the Vendors or otherwise, as Finndit may in its sole discretion determine. The Vendor acknowledges that Finndit 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 Vendor.

12)NO GUARANTEE OF BUSINESS:

Finndit does not guarantee that enquiries/leads will be generated by it for the Vendor or that any of such enquiries/leads will be converted into business for the Vendor.

13)NO MARKETING:

Finndit is not obliged and does not market the offerings of Vendor and shall not be obliged to recommend Vendor to the Users. Finndit’s obligation under the contract is limited to the obligations explicitly set out herein and in no event does Finndit undertake to generate or guarantee Enquiries or business to the Vendor.

14)INDEMNIFICATION:

Vendor shall defend, indemnify, and hold harmless Finndit, its officers, employees, agents, Representatives from and against any claims, liability(ies), demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses (without limitation to reasonable attorneys’ fees and expenses) arising out of or in relation to or in connection with:

    a) breach of any provision or non-performance of any of its obligations under this Terms of Service;

    b) by reason of any infringement of third party rights (including intellectual property rights);

    c) any representation and warranty given by Vendor under this Terms of Service being found to be untrue, false or incorrect; or

    d) anything done or omitted to be done due to gross negligence, willful default or willful misconduct of the Vendor or any of its officers, directors, employees or agents or

    e) any third party claims or liability arising out of or related to Vendors' Ads or Services.

15)CONFIDENTIALITY AND RELATED OBLIGATIONS:

The Vendor shall keep any information regarding the Users of the Service ("User Information") confidential both, during the subsistence of this Terms Of Service and after its termination. The Vendor shall not, without the prior written consent of Finndit, transfer (whether for consideration or otherwise) User Information to any third party for any reason whatsoever. The Vendor is specifically prohibited from using the User Information for purposes of seeking any commercial gain out of said User Information. In the event Finndit is made aware of any such practice of the Vendor in violation of the terms of this Terms Of Service, Finndit shall be entitled to terminate the Services as well as initiate such legal proceedings against the Vendor, as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable law.

Use of Finndit Services

    In order to access Finndit Services, YOU/ Merchant is required to download Finndit 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.

    Finndit 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 Finndit time to time.

    Finndit Services also allows you to store your bank or credit account information with Finndit for making the instant payment without re-entering that information or sharing it with third parties. Finndit Services is encrypted and secure and your information is safe with us. Finndit Services cannot be used to hold or store money and Finndit does not hold or store any of your funds. Finndit does not have control of, or liability for, any goods or services that you pay for using the Finndit Services. Finndit 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 Finndit 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 Finndit Services. Finndit 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 Finndit 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 Finndit 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 Finndit Services.

    Finndit facilitates payment solutions to the Users to make a payment to Merchant or Transfer Fund. In the case of commercial transactions Finndit is acting as an intermediary, which enabling users to make a payment to Merchant through Finndit Services. All commercial terms are offered by and agreed to between you and Sellers alone. Finndit 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 Finndit Services, you must link you bank account/card details, to Finndit Services. When you make a payment to Merchant or Transfer Fund using the Finndit 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 Finndit Services or are entitled to a reversal, refund, or other adjustment associated with a payment or Fund Transfer made by you using the Finndit Services, you also authorize a credit to your linked bank account to complete that transaction.

    If you make payment for a purchase using the Finndit Services or using for Fund Transfer, fund will be transferred to Merchant/ Users instantly.

    Finndit does not provide any endorsements or guarantees for any individual or entity using the Finndit, 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 Finndit 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 Finndit, 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 Finndit 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 Finndit may suffer) of any such breach. Finndit Services is not transferable.

REFUNDS POLICY

Finndit shall process a refund, when a valid authorization and presentment was previously processed and the Users subsequently either cancelled the transaction, or wishes to refund the amount in cases of services not rendered, or to rectify any transaction processing error, or services 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 Finndit along with all the required detail to identify the previously authorized and settled transaction and Finndit 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.

TERMINATION/SUSPENSION OF SERVICE

We may suspend or terminate your access to the Finndit 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 Finndit, (ii) we believe that you have breached any of the terms of this Agreement, (iii) your use of the Finndit Services has been in any way improper or breaches the spirit of this Agreement, (iv) we reasonably believe use of the Finndit Services may be at risk of fraud or misuse; (v) our information technology infrastructure has failed, is experiencing outages or requires maintenance; or (vi) ordered or recommended to do so by the security services, court or a relevant regulatory authority.

Finndit reserves the right to suspend/discontinue Finndit 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 Finndit Services is related ceases to be operational or in your possession or control.

    If Finndit believes, in its reasonable opinion, that cessation/ suspension is necessary.

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