This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made there under. 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 HelloKonect service via HelloKonect website or apps. 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 master franchise, franchise, subscriber and user or local business (hereinafter called as "Vendor"/"Service Provider", "You" or "Your") and HelloKonect (hereinafter called as HelloKonect,) and it governs the services offered by HelloKonect through its website (www.hellokonect.com), phone Search, SMS, WAP, APP or any other medium (collectively called "Portals" ). HelloKonect offers you its services only on the Terms and any amendments made under this Terms of Services. HelloKonect endeavor will be to send the Terms of Services to you on your registered email ID and/or mobile number via Emails/Sms/WhatsApp or via a link on Emails/Sms/WhatsApp and the same is also published on HelloKonect website at www.hellokonect.com
1)INTRODUCTION : The Services (defined hereinafter) of 'HelloKonect' is provided & powered by Vasonomics India Pvt Ltd, a company incorporated under the Companies Act, 1956 and having its registered office at Building 31/b Cantt Road 2nd Floor, Dixit Building Odeon Colony Lucknow -226001. HelloKonect carries on the business of providing information about Vendors, master franchise, franchise, subscriber and local business platform (defined hereinafter) of various products and services ("Information") in selected towns and cities in India ("Service") to end users. HelloKonect is local search engine and it primarily provides directory services to its Callers/Users as per their requirements & searches made on HelloKonect portals in as much as this term of use is concerned as applicable to the vendors, master franchise, franchise, subscriber and local business. HelloKonect search service is available to users through multiple platform viz., Internet, mobile internet, telephone, WhatsApp(voice, text & SMS). HelloKonect is merely a medium which connects general public with vendor’s goods and services listed on HelloKonect, 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 HelloKonect portals. HelloKonect 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 ("hereinafter referred as Callers/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. These Terms of Service (defined below) and the invoice mentioned in Clause 13 constitute the entire understanding/Contract) between HelloKonect and the Vendors.
2) INTERPRETATION:
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. HelloKonect will provide only the Information about the Vendor to the Users in the manner provided for in these Terms. Vendor/users agree and acknowledges that HelloKonect does not guarantee any business to the vendor/users and is merely a medium through which information is made available to the general public.
4) GENERAL TERMS :
5) INFORMATION DISSEMINATION:
HelloKonect currently disseminates Information to the Users through different platforms, viz., telephone, internet, SMS and WhatsApp. HelloKonect 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) VENDOR LISTINGS:
1) This refers to the various kinds of Listings Service that can be selected by the Vendor. HelloKonect provides the following kinds of listings Service ("Listings"): (a) Premium Listings (b) Package Listings (iii) VFL / LFL (Verified / Lifetime Listing) Package (iv) SMS-Promo Services. (v) Cost per enquiry-based packages (vi) Other Services as may be introduced by HelloKonect 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 HelloKonect, as per availability in the selected categories and pin codes on the day of receipt of the payment on HelloKonect 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 Services. The packages value may vary based upon the city town, medium, category, and such other parameters as may be identified by HelloKonect.
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 HelloKonect. 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. HelloKonect 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, HelloKonect shall endeavor to allot similar Listing to the Vendor. The final decision making power with regard to Listing shall however vest with HelloKonect 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 HelloKonect does not guarantee on the numbers of enquiries however it shall be its endeavour 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 HelloKonect, 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) VFL (Verified Listing) and Life time listing (LFL) Package.
d) 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 HelloKonect 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 HelloKonect 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 searched 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.
f) Pay Per Enquiry:
Under this plan/services, Vendors in its profile page as made available will be able to access the details of an enquiry or enquiries and its applicable charges that will be deducted from Vendor's account, as maintained with HelloKonect. Vendor availing this plan/services, are required to maintain the interest free & non-refundable deposit amount (as per invoice) from time to time. Vendor's agree and understand that HelloKonect will be entitled to DEDUCT THE CHARGES /FEES PER ENQUIRY, APPLICABLE TAXES & OTHER CHARGES from the account/deposits belonging to a Vendor. Vendor agrees and acknowledges that deposit amount, fees & other charges are subject to change. The charges/cost for per enquiry to be deducted shall also be revised by HelloKonect from time to time. The amount so deposited under this plan/services by Vendor is NON-REFUNDABLE & NON-TRANSFERABLE. Any enquiry as shared by HelloKonect with Vendor under this plan/services or otherwise does not guarantee any business for the Vendor.
g)Pay Per Performance Services:
Details of Services:
Pay per Performance Services: Vendor can avail Bundle Services (as defined above at point no. I) based on the payments made by Vendor to HelloKonect. The visibility of the Vendor's business listing on HelloKonect portal will be determined on the payment plan chosen by Vendor.
Vendors as per their requirement, will be able to exercise control/access their daily expenses from dashboard made available under Bundle Services viz., i) Display, ii) Calls and iii) Direct enquiries to the Vendor. Vendors while availing bundle services will be able to add/reduce the daily amount (subject to minimum threshold) using the control mechanism available the Dashboard.
Optional Services :( As defined above at point no. II) The services can be availed subject to Vendor making necessary payment in advance. Vendor agrees and confirms that HelloKonect is providing the services on AS IS BASIS ONLY, WITHOUT ANY EXPRESS or IMPLIED WARRANTIES OF ANY KIND. Vendor acknowledges that there are no restrictions on the maximum numbers of calls made by users to Vendors and User as per its discretion may directly calls to Vendor.
It is mandatory for the Vendors to maintain the minimum threshold value, in the event if minimum threshold value is not maintained by the Vendors, then HelloKonect will have right to deduct (at any time) the maximum amount as per ECS Mandate form, CCSI, NACH form or any other payment mode executed by Vendor to avail monthly installment payment facilities.
7)"HelloKonect/HELLOKONECT Verified" Stamp
"HelloKonect/HELLOKONECT verified" means, the information related to name, address, contact details of the business establishments have been verified as existing at the time of registering any Vendor with HelloKonect. This verification is solely based on the documents as supplied by a Vendor/s or as per the details contained in Customer E - Registration Form.
8)"HelloKonect Trusted" Stamp
"HelloKonect Trusted Stamp" indicates that the identity & information of the vendors/services, viz., name, address, contact details, business name has been verified on best effort basis, as existing, based on the documents/information furnished by the vendors/service providers. "HelloKonect Trusted Stamp" are also allocated to the vendor's/service providers considering user's reviews/ratings or any other criteria.
9) LISTING/ SERVICE AND OTHER FEES:
10) PAYMENT MODES:
11) CONSEQUENCES OF NON-PAYMENT OF SERVICE FEE AMOUNT:
12)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.
13) ISSUANCE OF INVOICE/ANNEXURES:
14) PRIORITY OF INFORMATION ABOUT VENDORS:
For HelloKonect, 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 HelloKonect 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 HelloKonect, 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 HelloKonect from providing Users with Information about other Vendors whether in priority to the Vendors or otherwise, as HelloKonect may in its sole discretion determine. The Vendor acknowledges that HelloKonect 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.
15) NO GUARANTEE OF BUSINESS:
HelloKonect 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.
16) NO MARKETING:
HelloKonect is not obliged and does not market the offerings of Vendor and shall not be obliged to recommend Vendor to the Users. HelloKonect obligation under the contract is limited to the obligations explicitly set out herein and in no event does HelloKonect undertake to generate or guarantee Enquiries or business to the Vendor.
17)INDEMNIFICATION:
Vendor shall defend, indemnify, and hold harmless HelloKonect, 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:
18) 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 HelloKonect, 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 HelloKonect is made aware of any such practice of the Vendor in violation of the terms of this Terms Of Service, HelloKonect 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.
19) VENDORS’ OBLIGATIONS TOWARDS END USERS:
20) VENDORS’ OBLIGATIONS TOWARDS HELLOKONECT:
21) VENDORS’ GENERAL OBLIGATIONS:
22)DISCLAIMER AND LIMITATION OF LIABILITY:
To the fullest extent permitted by law, HelloKonect 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, HelloKonect disclaims all guarantees regarding accurate Listing of the Vendor. Vendor understands that there may be errors in such positioning. Neither HelloKonect nor the Vendor 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 vendor’s indemnification obligation. HelloKonect aggregate liability to the vendor is limited to amounts paid to HelloKonect by vendor during the 12 (twelve) months immediately preceding the date of the claim. HelloKonect is also not liable for any claim owing to any misrepresentation of the information pertaining to the Vendor so long as the information exhibited/ communicated by HelloKonect conforms to the Information made available by the vendor or its authorized representative.
23) ADDITIONAL DISCLAIMER:
24) DISPUTE RESOLUTION:
25)
TERMINATION:
26) NOTICES:
HelloKonect shall send notices to Vendors in writing through email or Whatsapp/SMS and may be followed by registered post and dispatched through a reputed courier. Any notice refused by the Vendor would be deemed to have been legally delivered and Vendor will be deemed to have received such notice. Vendors can send notices to HelloKonect in writing on customer support email id or to company's registered office address.
27)
MODIFICATIONS TO TERMS OF SERVICE:
HelloKonect reserves the right to change the Terms of Service at any time without any prior notice to the Vendor. Changes to the terms of Service 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 HelloKonect. For Terms of Service with Vendor visit www.hellokonect.com
28)TAXES:
HelloKonect is entitled to charge the vendor 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 Vendor's relationship with HelloKonect) and vendor hereby agrees to pay the said taxes and charges promptly without raising any objections. Vendor also agrees that in the event the said taxes and charges are not charged by HelloKonect the same shall be paid by the Vendor directly to the authorities concerned without raising any objection. The vendor further agrees that the taxes and charges payable under this Clause is in addition to the fee paid by the vendor for the Listing and Services rendered by HelloKonect. i) All TDS deductions, form no. 16A should be sent at www.hellokonect.com iii) Goods and 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 Goods and Service tax. It is the responsibility of the Vendor to provide the correct Goods and Service tax number before the payments are made. If Vendor fails to provide the GST number or provide incorrect number before making the payment then the Vendor will not get due GST credit for which vendor shall be solely responsible.
29)MISCELLANEOUS:
30)ARBITRATION:
All disputes, differences and/or claims arising out of the Terms of Service 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 HelloKonect. The Vendor shall not challenge the nomination of Arbitrator or his award on the ground that the nomination is made by authorized representative/ Director of HelloKonect. The arbitration proceedings shall be held at Lucknow and the arbitration shall be conducted in English Language. The award of the Arbitration shall be final and binding on the Vendor and HelloKonect. The arbitrator will pass a written and reasoned award and will be entitled to award cost of the proceedings.
31)
ENTIRE CONTRACT:
This Contract, including any Invoice, Annexure, along with the Terms of Service 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 TERMS between the Parties relating to the subject matter hereof.
32)AMENDMENTS AND WAIVERS:
Unless otherwise expressly stated in this Terms of Service, the failure on the part of HelloKonect to exercise or delay in exercising a right or remedy under this Terms shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Terms of Service shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy available to HelloKonect.
Terms for Reseller
This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. 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 HelloKonect service via HelloKonect Portal. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.
You confirm that by providing the Reseller Services you indicate your acceptance of all terms and conditions of this Contract that are binding, the terms has been clearly read, understood and accepted by you. We reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It's your responsibility to review these Terms periodically for updates/ changes. Your continuation of services following the posting of changes will mean that they have accepted and agreed to the revisions.
1. DEFINITIONS:
(i) 'Reseller' - means any business entities, adult individuals, professionals who have paid registration fees and have agreed to perform the Reseller services on the terms as specified in this Reseller Contract.
(ii) 'Sub-Reseller' - means any business entities, adult individuals, professionals to whom Reseller has explained the Terms of this Reseller Contract and they have shown their interest in providing services as mentioned under this Contract along with paying registration fees. For the purposes convenience, "Reseller and Sub-reseller" shall be collectively referred as "RESELLER".
(iii) 'Referrer' - shall mean a non-defaulter person having valid and active id in his/her name, has referred another adult individual to become a Reseller on the terms specified under this Contract.
(iv) 'Vendor' - shall means any business entities, adult individuals, professionals or any service providers/product sellers to whom Reseller has explained the Terms of Services as available www.hellokonect.com and that business person after knowing the Terms of Services has shown interest in availing services from HelloKonect.
(v) 'Paid Services' - means Listing services or any other services offered by HelloKonect are subscribed by the Vendors by making the requisite payment for services to HelloKonect, after having the complete understanding of Terms of Service available at www.hellokonect.com from the Reseller.
(vi) 'Contract Value' means the complete payment made by the Vendor which is received by HelloKonect in its bank account, before the activation of the services by HelloKonect.
(vii) 'Vendor's Data' shall mean any Vendor's Business details such as the business name, contact person, address, telephone number, mobile number, toll free number, email id, website, facsimile number, categories of service or products, any documents such as id address proof, categories, pin codes etc. made available by the Vendor to HelloKonect through Reseller are validated/verified as correct, genuine and existing by the Reseller.
(viii) 'Duplicate Contract' shall mean the contract of those Vendors/Business entities who is availing paid services from HelloKonect or has taken paid services during last 60 (Sixty) days.
(ix) 'Reseller Module' b> shall mean the software module link using which Reseller shall enter Vendor's data and collect the payment/Contract Value from Vendor. This module will also maintain the records of non-paid Data/Listing created by Reseller, details of the packages/services to be sold by Reseller, details of payment collected by Reseller from Vendors for providing Paid Services and any other features as developed by HelloKonect from time to time.
(x) 'Confidential Information' means all information including but not limited to information disclosed to the Reseller by HelloKonect or Vendor, and any such information that the Reseller has access to, or comes into possession of during the term of this Contract. Confidential information would include, but not be limited to information available on the HelloKonect proprietary database software application, the database of names and addresses and other directory information compiled by HelloKonect at significant cost and effort, the method of categorizing of directory data adopted by HelloKonect, the personal or any information of Vendors, personal / business data and information including but not limited to the IDs and passwords made available to the Reseller by HelloKonect to access the proprietary software of HelloKonect, the data available to the Reseller through the proprietary software of HelloKonect, the information regarding potential Vendors, business plans of HelloKonect, bank account/financial details, discoveries, ideas, concepts, know-how (whether patentable or copyrightable or not), research, development, designs, drawings, blueprints, diagrams, models, samples, flow charts, data including Customer data, computer programs, disks, diskettes, tapes, algorithms, software programs, marketing plans or techniques, technical, pricing, financial, or business information" trade secrets which includes but is not restricted to any portion or scientific or technical or proprietary information, design, process, procedure, formula or improvement which is not generally available to the public and any other information, which by its nature and circumstance of its disclosure has the right to be treated as Confidential.
(xi) 'Membership ID' means the unique digit number allocated by HelloKonect to the Reseller which the Reseller shall quote in all correspondence with the HelloKonect.
(xii) 'Source' - shall mean the means source based on which the Vendor's data is collected, edited and uploaded by Reseller in the Reseller Module of HelloKonect.
2. SERVICES
Reseller shall be responsible for providing services including but not limited to marketing, promoting and selling various services/products offered by HelloKonect from time to time using Reseller Module. Reseller shall be responsible for presenting, promoting and selling products/services to prospective customers and giving them the cost-benefit and needs analysis and maintain good business relationship with the Vendors all the time.
3. ELIGIBILITY CRITERIA
i. At the time of entering into this Contract, you must be at least 18 years of age and should be able to provide your own id/address proof and other documents as requested by HelloKonect from time to time. Your account registration requires you to submit to HelloKonect certain personal information, such as, (i) your personal details (i.e. Name, Current Address, Permanent Address, mobile phone number and age etc (ii) Address cum Identification Proof (i.e. KYC documents) and (v) Bank Details or any other documents as an when requested by HelloKonect. For the purpose of clarity, KYC documents include, (1) the passport; (2) the driving licence; (3) Voter's Identity Card issued by the Election Commission of India; (4) Copy of Aadhar Cards; (5) Job card issued by NREGA duly signed by an officer of the State Government; (6) letter issued by the National Population Register containing details of name and address; along with PAN Card.
(ii) You hereby confirm that you can form legally binding contracts under Indian Contract Act, 1872. You are not "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc.
4. REGISTERTATION FORMALITIES
a. You for purposes of registering with HelloKonect, has to create login id visiting the HELLOKONECT signup on HELLOKONECT App in the section of Reseller Program.
b. You shall be responsible for adding the correct referrer details in the Reseller Module. If Reseller has added incorrect referrer details or missed/skip to add the referrer details then Reseller cannot add/amend or modify at later stage and the Referrer will not get the due credit/commission (if any) for referring you as Reseller to HelloKonect.
c. In the signup process Reseller will provide his/her correct mobile no, email id and documents such as id, address proof and other documents as requested by HelloKonect from time to time.
d. Reseller shall pay one time Registration Fees as communicated to the Reseller. On the receipt of Registration Fees, HelloKonect will issue an invoice and send it to Reseller on its registered email id and mobile no.
e. Reseller agrees that a registration fee is a conditional refundable fees for enrolling himself/herself as Reseller with HelloKonect. This registration charges will be refundable on pro-rata basis only after completion of minimum 1 (one) year duration, subject to non-receipt of complaints or service related or other issues against Reseller. In the event of any service related issue or any complaint against reseller the refund will be on pro-rata basis which will be equally divided in 5 (five) years. Reseller agrees that he/she will be entitle to receive refund on pro-rata basis for each uncompleted year of services after the Contract is terminated by him/her as specified in Clause 12 (ii). However, Reseller will not be entitled to receive any refund for partially completed year of services.
f. On completion of registration formalities and receipt of registration fees from Reseller, HelloKonect will send login details such as user id password and other details for accessing and using Reseller Module to your registered email id.
g. You agree to maintain accurate, complete, and up-to-date information in your Account at all times and you acknowledge that failure to do so shall result in your access to the Services being suspended without notice to you.
h. No person other than yourself has the right to access your account. You agree and acknowledge that you will not allow any other person to access your account and that you will not share your login credentials (i.e. your user name and password) with any other person. If it is reasonably suspected by HelloKonect that login credentials have been compromised by reseller or allowed a person other than yourself to access and use your Account, your access to the Account will be suspended without notice to you. In cases where it is established that you have allowed a person other than yourself to access and use your Account these Terms will stand terminated and your access to the Services will be permanently revoked without notice to you.
i. You may only possess one Account. If it is found that you possess multiple Accounts on the HelloKonect Platform, your access to all Accounts on HelloKonect Platform will be permanently revoked without notice.
j. You hereby expressly acknowledge and agree that you and not HelloKonect will be liable for your losses and damages (whether direct or indirect) caused an unauthorised use of your Account. Notwithstanding the foregoing, you may be liable for the losses of HelloKonect or others due to such unauthorised use of service.
k. You shall be obligated to provide necessary documents/information as requested by HelloKonect from time to time.
5. RESELLER'S RESPONSIBILITIES
(i) The Reseller shall discharge the following responsibilities with complete skill and diligence. The Reseller shall at all time work diligently to promote the products and services offered by HelloKonect and protect the interests of HelloKonect.
(ii) Reseller shall take proper training as updated in the Reseller Module and HelloKonect website and as provided by HelloKonect from time to time.
(iii) Reseller confirms that he/she will meet the Vendor (owner of the business/listing) at the address given in the listing and will ensure that the details/documents provided by the Vendor are correctly captured in the Reseller Module.
(iv) Reseller confirms that the Vendor's Data and its source is validated/verified and always be correct and complete in every manner and it will be correctly uploaded in the Reseller Module of the Company. Reseller undertakes that he/she should not submit any incorrect information or unverified documents in the Reseller Module of the Company.
(v) The Reseller shall market HelloKonect Services and enlist Vendor's, for the products/services as made available by HelloKonect in Reseller Module or as instructed by HelloKonect from time to time.
(vi) Reseller shall ensure that the list of documents, including relevant documents (related to id, address, business proofs etc).and clear visible geo-coded photo of the vendor and its business establishment,) and Contract Value as provided in Reseller Module is collected by Reseller.
(vii) The Reseller shall be responsible to ensure that the prescribed Vendors documentation is duly completed in all respects and uploaded in the in the Reseller Module of the Company. Also, applicable terms and conditions available at www.hellokonect.comare explained in the vernacular language to the Vendor. Reseller on receiving the payment from Vendor via Reseller Module (or other means as prescribed by HelloKonect) confirms that he/she has collected relevant documents, verified it as existing & correct and has also explained the applicable terms and conditions, which is accepted by Vendor without any demur and protest. The Reseller shall not be eligible for any commission on any Paid Services wherein the Reseller has not fulfilled the terms as mentioned in this Contract, irrespective whether HelloKonect is providing any product or services to that Vendor or not.
(viii) The Reseller understands and agrees that HelloKonect has the sole discretion to provide Services to Vendors and has the liberty to refuse any Paid Services to Vendors entered by the Reseller which are not as per applicable terms and conditions of the Contract.
(ix) Reseller confirms that subject to compliance of other terms, he/she will be eligible for payment of commission on Paid Contact only when the contract value is received from the Vendor and has been realized/encashed by HelloKonect.
(x) The Reseller shall be solely responsible at its own cost for obtaining all necessary approvals, sanctions, permissions and licenses for providing the Service, under these Terms, from Municipal, Local or Government Authority or any other Authority/party as may be required from time to time.
(xi) Reseller shall always quote the Reseller's Membership Id when logging in and/or submitting the details related to Vendor's Paid Services to HelloKonect and in all other correspondence with HelloKonect.
(xii) If Reseller has any doubt with respect to Reseller's obligations under this Contract and the manner to discharge the said obligations, or related to Reseller program, training module, earning process, applicable terms and conditions to Reseller and to the Vendors, then Reseller shall have the duty to get the clarifications from HelloKonect authorized representative in respect of such doubts by sending email at support@hellokonect.com and giving the Membership Id and other necessary details necessary for indentifying the queries raised by Reseller.
(xiii) It shall be the responsibility of Reseller to keep confidential the Membership Id and the username and password provided to Reseller by HelloKonect for accessing the Reseller Module. Reseller shall immediately inform HelloKonect of any breach of this sub clause. HelloKonect may, in its sole discretion, terminate this Contract for any breach of this sub clause and also claim damages for any losses which HelloKonect might have incurred due to the misuse and/or breach of the Link.
(xiv) Reseller shall adhere strictly to the representations and warranties and obligations of non-compete, confidentiality and intellectual property as prescribed under this Contract.
(xv) Reseller hereby confirms that any dispute which arises between the parties in relation to the Vendor's data, terms of this Contract and any other matters, HelloKonect decision will be final and binding on Reseller.
(xvi) Reseller confirms that the data and information captured by Reseller Module shall prevail and be binding on You at all times.
(xvii) Reseller undertakes not to cause or permit anything which may damage or endanger the Intellectual Property Rights or title or assist or allow others to do so. Reseller undertakes to take such reasonable action as HelloKonect may direct in relation to such infringement.
(xviii) Reseller undertakes to compensate HelloKonect for any use of the Intellectual Property Rights and/or to indemnify HelloKonect for any liability incurred to third parties for any use of the Intellectual Property Rights, otherwise than in accordance with this Contract.
(xix) Reseller undertakes, on the expiry or termination of this Contract forthwith, not to use the Intellectual Property Rights or access/use Reseller Module of HelloKonect.
(xx) Reseller acknowledges that any goodwill or reputation for the Service or Vendor Data generated by the Reseller under this Contract will belong to HelloKonect and upon termination of this Contract for whatever reason the Reseller shall not be entitled to claim any compensation, in any manner whatsoever.
(xxi) Reseller not cause to be done any act/representation/omissions which results to loss of goodwill and damage to the reputation to HelloKonect.
(xxii) Reseller agrees not to (directly or indirectly) (i) access, monitor or copy any content or information of HelloKonect using any robot, spider, scraper or other automated means or any manual process for any purpose; (ii) violate the restrictions in any robot exclusion headers on HelloKonect or bypass or circumvent other measures employed to prevent or limit access to HelloKonect.
(xxiii) Reseller has obtained all licenses, clearances, permissions, approvals or consents from any third party or any regulatory or government body which are required by applicable law or regulations, to execute the business/services of this Contract
(xxiv) Reseller shall be solely responsible for the all the costs related to registrations, licenses and other costs related to compliance directions / orders, guidelines / formalities issued by DOT and Telecom Service Providers related to the responsibility of the Reseller and Reseller shall also be responsible for the payment of penalties, charges and compensations imposed by DoT, Service Provider or any competent authority or courts for non compliance of the said directions / orders, guidelines / formalities as stated in clause and shall have no recourse against the HelloKonect for the same.
(xxv) Reseller shall be solely liable for all acts and omissions of Reseller's personnel, whether employees, consultants, agents, subcontractors or otherwise, and whether or not engaged by the Reseller in violation of these Terms.
(xxvi) The Reseller shall carry out all directions and instructions as HelloKonect may issue from time to time.
(xxvii) The Reseller shall not give any warranty to the Vendor in respect of any of the Services without the written authority of HelloKonect.
(xxviii) Reseller agrees that it will not sell, license, lease, rent, transmit, or otherwise distribute or transfer any Vendor's data/information in any manner to third parties, save as is expressly permitted otherwise in this Contract.
(xxix) Unless otherwise provided in this Contract, during the term of this Contract Reseller shall establish and maintain safeguards against the destruction, loss or alteration of Data/information in its possession and Reseller will ensure that it will take all reasonable security practices to avoid any cyber-attacks. Reseller will neither transmit nor send Data nor will it allow Data/information to be accessed by third party.
(xxx) All Data provided by the Reseller is and will remain the property of the HelloKonect. HelloKonect will have all right, title and interest, including ownership of the said data, and all copies made from it. Except as set forth herein, without HelloKonect approval (in its sole discretion), Data shall not be (i) used by Reseller or its agents other than in connection with providing the Services, (ii) disclosed, sold, assigned, leased or otherwise provided to third parties by Reseller or its agents or (iii) commercially exploited by or on behalf of Reseller.
(xxxi) Reseller shall promptly correct any errors or inaccuracies in the Vendor's Data to the extent such errors or inaccuracies were caused by Reseller.
(xxxii) Reseller confirms that HelloKonect do not provide any business/income guarantee to Vendor or to Reseller in any manner.
(xxxiii) Reseller will not "cyber-squat" over and/or otherwise compete with HelloKonect Keywords including but not limited to HelloKonect, HelloKonect.com, HelloKonect services, HELLOKONECT, HELLOKONECT.com thereof on Google Ad words or other media (online or offline) in any manner whatsoever.
6. Data Verification
a. Reseller shall conduct independent verification, by contacting the Vendors or any third party, to verify the correctness and accuracy of Vendor's Data/documents before entering any information/data in the Reseller Module.
b. The Reseller shall be responsible to ensure that the prescribed documentation is duly completed in all respects and Contract Value is collected from Vendor for providing Paid Services,, after explaining them about the applicable terms and conditions of the services as available on www.hellokonect.com including but not limited to ECS process, Duration, listing features, no business guarantee etc..
c. The Reseller shall not be eligible for commission on any Duplicate Contract and any on Paid Services wherein the Reseller has not obtained duly verified and necessary documentation outlined above, even if HelloKonect opts to supply the Services to the Vendor.
d. HelloKonect may conduct the audit/verification on the Vendor's data submitted by Reseller from time to time and if Reseller fails in the Audit/verification process then HelloKonect reserves the right to forthwith terminate this Contract with Reseller.
e. Reseller shall be obligated to collect Vendor's documents or carry out any other verification by contacting Vendors, as communicated by HelloKonect from time to time.
f. HelloKonect may in its sole discretion impose upon Reseller any amount of penalty for any non-compliance of any terms of this Contract.
7. Commission
a. HelloKonect shall pay the commission on the Contract Value /Registration Fees as communicated to Reseller/Sub-Reseller via Reseller Module or in email or through any other mode from time to time subject to the complete compliance by Reseller of the terms and conditions stipulated under this Contract.
b. Reseller shall be entitled to receive commission only if the entire contract value/ Registration Fee are received by HelloKonect in its bank account and no chargeback or refund request is received by HelloKonect at any point in time. In the event if any chargeback or refund request is received by HelloKonect then Reseller/Sub-Reseller shall not be entitled to receive any commission. However, if any chargeback or refund request is received after the commission is transferred to Reseller/Sub-Reseller, then HelloKonect will have full right and absolute discretion to deduct or recover the commission amount paid by HelloKonect to Reseller/Sub-Reseller.
c. Reseller agrees that for the purposes of calculation of commission, the taxes and other cost will be excluded from the Contract Value/Registration Fees.
d. Reseller agrees that HelloKonect has exclusive right to decide fees/commission percentage or registration fees from time to time and it may be changed at any time by sending a communication to Reseller.
e. All payments to the Reseller, Sub-Reseller, shall be subject to deduction of taxes at source or other applicable taxes and charges. Payments to Reseller are inclusive of all taxes, duties and charges. Each party shall be responsible for it own applicable taxes.
f. HelloKonect shall make the monthly payment of undisputed commission (as calculated and shown in Reseller Module) to the Reseller which may be subject to completion of the verification/Audit process by HelloKonect. In the event of any dispute in relation to commission, then Reseller shall escalate to HelloKonect within 2 (two) days of the receipt of monthly commission from HelloKonect. In the event of Reseller has not raised any dispute within 2 (two) days then the commission related dispute will not be entertained by HelloKonect in any manner.
g. Notwithstanding the above provisions, HelloKonect may at any time recover the Commission or any other sums paid to Reseller if it comes to the knowledge of HelloKonect that the Vendor's Data is incorrect or not verified. HelloKonect may recover the Commission and other sums by either deducting the sums from any dues payable to the Reseller subsequently or such other means it deems fit.
8. REPRESENTATION AND WARRANTIES
a. Reseller represents and warrants that Reseller shall perform the Services with professional skill and diligence.
b. It has all requisite power and authority to execute, deliver and perform its obligations under this Contract and has been fully authorized by all requisite corporate actions to do so.
c. It shall comply at all times, with all laws, industry codes, applicable standards or other regulations or directions issued under the law time being in force And as amended. It shall comply with such provisions of Information Technology Act 2000 as amended by the Information Technology (Amendment) Act 2008 and rules and regulations made thereunder.
d. Reseller is adequately equipped and competent to provide the Services in a professional and efficient manner.
9. CONFIDENTIALITY:
a. Reseller shall ensure that any information shared by HelloKonect, irrespective of whether such information pertains to HelloKonect or any third party, under this Contract shall be kept confidential at all times. Without limitation, confidential information shall include the terms of this Contract, Access, contents of the Database to which Reseller may have access while entering Vendor's Data in the Reseller Module, the guidelines annexed thereto. Reseller as per the requirements of HelloKonect will either destroy or return all the confidential information to HelloKonect within 30 (Thirty) days from the expiry or the early termination of this Contract. The obligations contained in this shall survive the termination of this Contract.
b. In the event Reseller discovers a breach or potential breach in security relating to Data or unauthorized possession, use or knowledge, or attempt thereof, of Data, Reseller shall immediately (1) notify the affected HelloKonect and furnish to the HelloKonect the details of the security breach or unauthorized possession, use or knowledge, or attempt thereof, of Data; (2) assist HelloKonect in investigating, curing, or preventing the recurrence of any security breach or unauthorized possession, use or knowledge, or attempt thereof, of Data; (3) cooperate with HelloKonect in any litigation and investigation against third parties deemed necessary by HelloKonect to protect its rights; and (4) provide the assurance satisfactory to that such breach or potential breach will not recur.
10. NON-COMPETE
The Reseller shall not, during the term of these Terms and for Five (05) years thereafter, in India or outside India, solicit Vendors for identical or similar Services as HelloKonect Services, or shall not directly or indirectly, including through their Affiliates or employees, render services to any person who conduct a business or carry's on a business similar to the business of HelloKonect, or during the term of this Contract and for 5 (five) years thereafter the Reseller shall not, by himself or in association with others, directly or indirectly, commence or conduct or carry on any business that competes with the business of HelloKonect. The Reseller shall be deemed to have violated its obligations hereunder if any of its agent, associate, partner or any, director, shareholder, officer, employee of the Reseller violates this provision. The Parties agree that in the event that this provision is found to be invalid or unenforceable by any arbitrator or any court of competent jurisdiction, the obligation under this clause shall be enforceable for such a period that is found to be legally valid and acceptable.
11. No representations
The Reseller shall not give any warranty/guarantee to the Vendor in respect of any of the Listing or other Services without the written approval received from HelloKonect.
12. Term, Renewal and Termination
i) Effective Date: These Terms shall be effective from the date on which signup process is initiated by Reseller on Reseller Module (the "Effective Date").
ii) Term: The term of this Contract shall commence from the effective date and shall be valid for minimum 12 (twelve) months. This Contract can as per the provisions specified in Clause 12. In the event the Contract is not terminated, it shall be automatically renewed for subsequent periods unless otherwise terminated by the parties with written notice of 1 (One) month during the term of this Contract.
iii) Termination for cause: Notwithstanding anything contained herein, HelloKonect shall be entitled to terminate this Contract at any time, without any notice under the following circumstances (i) if the performance of the Reseller is found unsatisfactory, (ii) if the Reseller fails to function/operate properly as per the guidelines and policies intimated from time to time by HelloKonect (iii) if the Reseller breaches any of the provisions of these Terms; (iv) if the Reseller is unable to pay debts/penalty/refunds when due, (v) if the Reseller makes any assignment or composition for the benefit of creditors, (vi) if the Reseller has appointed or suffers the appointment of a receiver or trustee for its business, property or assets, (vii) if the Reseller files or has filed against it any petition under the bankruptcy or insolvency laws that is not finally decided within 60 days of such filing or (viii) if the Reseller is adjudicated bankrupt or insolvent (ix) if any third party files complaints against the Reseller for breach of applicable laws. x) if the vendor is raising any unreasonable dispute/issues or demands xi) or any third party claims.
13. Consequences of the Expiry or Termination
a. Return of Documents and Information: Upon expiry of these Terms or earlier termination for any reason whatsoever of this Contract, You shall forthwith deliver to HelloKonect, without maintaining any copies for itself, all documents and information, data including but not limited Vendor's information, any documents, training material, literature and material containing any logos, trademarks, service marks or any other intellectual property of HelloKonect and any other document which may have come to the Reseller's possession or custody in pursuance of this Contract. The Reseller shall also return all HelloKonect property including any copies of any data, trademarks, promotional material, and identity cards etc..
b. Survival of Reseller's obligations: The obligations of the Reseller relating to the Confidential Information under these Terms shall survive the termination or expiration of these Terms.
c. Settlement of accounts: Upon the expiry of the term or termination without cause by HelloKonect or Reseller in accordance with these Terms, HelloKonect shall pay the Reseller all undisputed commission until the expiry or effective date of termination of the Terms after deducting such amounts as HelloKonect thinks fit towards any claims that HelloKonect may have against the Reseller.
14. Indemnification
a. Reseller shall defend, indemnify and hold harmless HelloKonect and its directors, officers, employees, agents and affiliates, including from any third party actions / claims / demands, for all costs, expenses, and losses arising from or in any way attributable to: (i) acts and omissions of the Reseller under these Terms; (ii) breach by Reseller of any of the terms and conditions of these Terms; (iii) violation of any applicable laws by Reseller; (iv) any damage to property or bodily injury (including death) caused by the Reseller; (v) acts of fraud, misappropriation, and disclosure of Confidential Information by the Reseller vi) any claim from vendor or third party claims for reasons attributable to Reseller.
b. The Reseller hereby agrees to indemnify the HelloKonect, its directors and officers from and against any and all claims, suits, actions, demands or proceedings and all related damages, losses, liabilities, cost and expenses (including but not limited to reasonable lawyers' fees) arising out of or relating to any (i) damage, destruction, unauthorised sharing or other misuse of Confidential Information (ii) embezzlement, misappropriation or other misapplication of subscription amount received from the Vendor by the Reseller or any of its employees, (iii) violation or breach by the Reseller of any law, rules or regulations, or any term, policy or obligation under this Terms; (iv) claims made by Reseller's personnel on HelloKonect including but not limited to claims for wages, benefits or employment; (v) breach by the Reseller of its responsibilities under these Terms or a violation of the restrictions hereunder and (vi) claims made by the state or central government, or local authority in respect of non-payment of taxes or fees, for non-provision of statutory benefits by the Reseller to its personnel; and (vii) Misrepresentation to the Vendor or third parties regarding any information relating to HelloKonect or the Services/products.
c. The Reseller shall not make any claim or allegation against HelloKonect or hold HelloKonect liable in respect of any claim, demand or action ("Claims") made or filed by any Vendor against the Reseller. All such Claims shall be resolved solely by the Reseller at Reseller's own cost and expense, failing which the Reseller shall indemnify HelloKonect as provided for in these Terms.
15. INTELLECTUAL PROPERTY RIGHTS
a. All right, title and interest, including all intellectual property rights, in and to, in all content, trademarks, marketing collateral, forms, Vendor-related data, and in all other material handed over to the Reseller, or collected by the Reseller or to which the Reseller may have access to ("HelloKonect Property"), shall absolutely vest in, and be owned by, HelloKonect. No right or other license to such HelloKonect Property is given to the Vendor.
b. HelloKonect names, logos and all related products and service names, design marks and slogans ("HelloKonect marks") are trademarks and service marks owned by and used under license from HelloKonect or its wholly-owned subsidiaries. The Reseller is not authorized to use any HelloKonect Mark in any advertising, publicity or in any other commercial manner without the prior written consent of HelloKonect.
16. LIMITATION OF LIABLITY
HELLOKONECT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL) RELATED TO, IN CONNECTION WITH, OR OTHERWISE, EVEN IF HELLOKONECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HELLOKONECT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND AN VENDOR, EVEN IF HELLOKONECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HELLOKONECT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND HELLOKONECT REASONABLE CONTROL. IN NO EVENT SHALL HELLOKONECT TOTAL LIABILITY TO YOU CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RS.1000/- (RUPEES ONE THOUSAND ONLY)
17. Miscellaneous
a. Force Majeure: Neither Party shall be liable for any failure or delay in performance under this Terms to the extent such failure or delay is caused due to reasons beyond that party's reasonable control such as technical malfunctions, governmental actions, acts of God; acts of a public enemy, wars, insurrections, riots, epidemics pandemics bacterial infection, landslides, lightning, earthquakes, fires, storms, floods, washouts; arrests and restraints of the government; necessity for compliance with any court order, law, ordinance or regulations promulgated by any governmental authority having jurisdiction, either federal or state, civil or military; civil disturbances; any other events, matters, or causes, whether of the same kind enumerated herein or otherwise, which shall not be reasonably within the control of the Party affected thereby and occurring without its fault or negligence, provided that force majeure will apply only if the failure to perform could not be avoided by the exercise of due care by the Party invoking this clause and such party does everything reasonably possible to resume its performance under these Terms. In the event of the force majeure conditions continuing beyond two weeks, the Party to whom the affected obligations are owed shall have the right to terminate these Terms by written notice of fifteen days.
b. Severability: If any provision of these Terms is found by court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of these Terms, and all provisions not affected by such invalidity shall remain in full force and effect. The Parties shall nevertheless be bound to negotiate and settle an alternate clause that shall be as close to the intent of the original clause and which shall nonetheless be valid and enforceable.
c. No Waiver: The waiver by either party of a breach or default of any of the provisions of these Terms by the other Party shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of either Party to exercise or avail itself of any right, power or privilege, operate as a waiver of any breach or default by the other Party.
d. Independent Contractors: It is understood and agreed that the relationship between the Parties is on a principal-to-principal basis. Nothing in these Terms shall constitute an agency, employment, partnership or any other relationship whether in the nature of a joint venture or otherwise between the Parties.
e. Notices: All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the registered office addresses. Notices may also be sent through emails, however, such emails must be followed up with a physical notice at the above mentioned address within a period of ten (10) days.
f. Entire Terms: These Terms, including Schedules, shall constitute the entire Terms between the Parties and shall supersede all other and prior arrangements, Contracts, and understandings prior to the execution of these Terms.
g. Arbitration: If any dispute/difference arises between the parties then the Parties shall meet to discuss the matter and shall negotiate in good faith to resolve the matter. However if such matter remains unresolved within 60 days from the date of dispute intimated to other party in writing thereafter the matter shall be referred to the sole arbitrator appointed by HelloKonect. The Reseller has consented to HelloKonect to appoint arbitrator as per its (HelloKonect) discretion under this contract.. The Arbitration and Conciliation Act, 1996 shall govern the arbitration proceedings and the place of Arbitration shall be Mumbai. Language of Arbitration shall be English. Cost of Arbitration shall be borne in equal proportion by the Parties. Attorney costs shall be borne individually by each Party. The Arbitration award shall be final and binding upon the Parties.
h. Governing Law and Jurisdiction: This Terms of Service shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mumbai, India
i. Headings: The headings of clauses in these Terms are merely indicative and shall not be taken into consideration in the interpretation or construction of the Terms.
Terms of use for Real Estate
All data and information set forth on HelloKonect Portal regarding real estate property, for sale, purchase, rental and/or financing are from third parties sources, including but not limited to owner/agent/builder/developer etc.. No warranties are made as to the accuracy of any descriptions and/or other details and such information is subject to errors, omissions, changes of price, tenancies, commissions, prior sales, leases or financing, or withdrawal without notice. Users should seek advice and proper legal counsel with respect to all property, closing costs, timing considerations, financing options, default provisions, zoning implications, renovation considerations and appropriate transfer taxes and other due-diligences. HelloKonect is an intermediary within the meaning of Section 2 (1) (w) of the amended Information Technology Act, 2000 (herein after referred as "HelloKonect" ). HelloKonect provides a platform by bridging the gap between owner/agent/builder/developer of real estate properties (herein after referred as "seller" or "rental" as the case may be) and the users of HelloKonect service and HelloKonect does not facilitate or interfere nor does any transaction for or on behalf of users or seller/ developer in any manner whatsoever.
The portal and all its contents are provided with all faults on an "as is" and "as available" basis. The details displayed on the portal are for information purposes only. No information given under this portal creates a warranty. Your use of the portal is solely at your own risk. Nothing contained herein shall be deemed to constitute any sort of legal advice, opinion, solicitation, marketing, offer of sale, invitation to offer, invitation to acquire etc. by HelloKonect. It is responsibility of the users to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, real estate and other related information listed on the portal. Information on HelloKonect portal does not guarantee that the projects/properties are registered under the Real Estate Regulation Act, 2016 and rules made thereunder ("RERA").
The property / project detail, listings, floor area, location, price, Designs, dimensions, cost, facilities, plans, images, specifications, furniture, accessories, paintings, items, electronic goods, additional fittings/fixtures, decorative items, false ceiling including finishing materials, specifications, shades, sizes, amenities/services and other details shown in the listing are the third party contents (i.e., owner/agent/builder/developer etc.) and/or taken from public domain. Users are hereby advised to use their discretion and to exercise due diligence and independently validate and verify all information/details about any property / project, such as, (i) verification of ownership of property, (ii) N.O.C.'s of various authorities like Municipal Authorities, Fire Authorities, Land Revenue Deptt., Police etc., (iii) Checking of Commencement & Occupancy Certificate, (iv) clearance of title of the plan/land/ property, (v) execution of valid agreement/sale deed, (vi) stamp duty & payment etc., prior to concluding any decision for buying any unit(s)/projects/properties or renting thereof.
HelloKonect under no circumstance will be liable for any expense, loss or damage including, without limitation, indirect or consequential loss or damage, or any expense, loss or damage whatsoever arising from use, or loss of use, of data, arising out of or in connection with the use of this portal. The user acknowledges, agrees and undertakes to not hold HelloKonect or any of its affiliates liable/responsible for any information stated representation /commitment /offer neither made by any third parties on its portal to the user nor make any claims/demands on HelloKonect or any of its affiliates with respect thereto. In no event will HelloKonect be liable for claim made by the users including seeking any cancellation for any of the inaccuracies in the information provided in this Portal. You are therefore required to verify all the details, including area, amenities, services, terms of sales and payments and other relevant terms independently prior to concluding any decision for buying/renting any unit(s)/projects/ properties.
No claim as to the accuracy and correctness of the information on the portal is made, although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper/ misleading/ offensive/ inappropriate content is sighted on the portal, please write to us at support@hellokonect.com
HelloKonect respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at www.hellokonect.com; as per our infringement policy available at www.hellokonect.com
The users hereby acknowledge and undertake that they are accessing the services on the online platform and transacting at their own risk and are using their best and prudent judgment before entering into any transactions through the website/ platform. The users further acknowledge and undertake that they will use the platform to purchase or rent a property only for their personal use. HelloKonect shall neither be liable/responsible for any actions or inactions of owner, nor any breach of conditions, representations or warranties by the owner/agent/builder/developer of the properties and hereby expressly disclaim and any or all responsibility and liability in that regard. HelloKonect shall not mediate or resolve any dispute or disagreement between the user and the owner/agent/builder/developer of the properties. We do not implicitly or explicitly support or endorse the sale or purchase of any property on/through our platform. At no time shall any right, title or interest in the property sold through or displayed on the platform vest with HelloKonect nor shall HelloKonect have any obligations or liabilities in respect of any transactions on or through its platform.
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