TERMS AND CONDITIONS

Last updated as on October 16, 2022These Terms and Conditions regulates the accessing, browsing, crawling, scraping or in any way using (collectively referred to as “use” or “using”) the information technology related facilities available by Urbanic Step Marketing Private Limited (the “company”) on or through www.www.justdun.com (the “site” or “website”) or Justdun mobile application (the app”), individually and/or collectively referred to as the “Platform” under the brand name of “Justdun”. These terms are applicable immediately for those using our platform after the effective date and will become applicable for those having pre-existing accounts, individually and/or collectively referred to as “user”, or “users”.
Your use of any of our platforms constitutes your acceptance of the terms and conditions (the “terms) as set forth and amended in this page, the privacy policy and supplementary policies which include all other additional, or supplemental guidelines, policies, and disclaimers as made available or issued by us from time to time (collectively, the "agreement" or “contract”).
The Terms constitute a binding and enforceable legal contract between the company including its affiliates and the users (referred to as individually as the “party” or collectively as the “parties”. By using our platform, you represent and warrant that you or anyone you represent have full legal capacity, power and authority to agree to and bind by these Terms. All the users are kindly requested to read and review the terms of our agreement carefully before the use of our platform. Do not use the site if you are unwilling or unable to be bound by this contract.

1. DEFINITIONS

"User" is someone who registers, accesses, browses, crawls, scrapes or in any way uses our platform for personal or commercial purposes. The words "you", "your" and "yourself" refer exclusively to the user
“Justdun” represents the company registered under the name of Urbanic Step Marketing Private Limited having its registered office at 367, 2nd Floor Sector-9, Dwarka, New Delhi, India – 110077 and includes its employees, agents, partners, associates and affiliates. The words "we", "us", "our", “company” refer exclusively to the Justdun
"Content" means text, images, photos, graphics, audio, video, communications and all other forms of data submitted or transmitted to or through our platform, including ratings, reviews, invitations and all other forms of information that is displayed through your account profile. "User Content" means Content that Users submit or transmit to or through the Platform and includes content created by users themselves or Justdun on behalf of users. “Justdun Content" means Content that we create, provide or make available on the Platform. "Third Party Content" means Content that is made available on the Platform by parties other than the Justdun or its Users and includes content created by Third party themselves or Justdun on behalf of third party. The word "Content" means all of the Content that is made available on the website and mobile application, including Justdun Content, User Content and Third-Party Content.
“Customer” is the user who uses the site for the purpose of search and schedule of different products and services offered by vendors.
”Vendor” is the user who is associated with us for offering their products and services to the customers. Vendors are not employees, affiliates, associates, agents, contractors, or partners of Justdun, they precisely include the independent retailers, wholesalers, service providers, professionals and delivery partners rendering their products and services through our platform.
“Products and/or Services” includes the goods, facilities and provisions available on or through the Platform of Justdun by the vendors. The products and/or services made available under the brand of vendor are not owned or licensed by Justdun in anyway.

2. ELIGIBILITY

You must have the requisite capacity and authority to enter into an agreement or contract in order to use this platform. If you are 13 years or younger, please do not use this platform for any purpose. You must be at least 18 years of age to use our platform. If you are a minor between the ages of 14 to 18, you can only use this platform as a customer with the consent and under the supervision of your parents or legal guardians. You shall not use the platform if:
(i) You believe you are a competitor of Ours,
(ii) We deem you as a competitor of Ours, or (iii) We have previously banned you from the use of our Platform.
If you use the platform on behalf of a company, entity or organization, you represent that you are an authorized representative of such company, entity or organization with the capacity and authority to bind it to the agreement. If you do not meet the eligibility requirements as set forth, Justdun may, at its sole discretion, choose to restrict your user of the platform or terminate your account at any point of time.
(a) Changes to Terms: It is your responsibility to review these Terms periodically for any updates or changes. You will be deemed to have accepted the changes made to these Terms if you continue to use the Platform once it has been posted.
(b) Modification to the Services: We reserve the right at any time to add, modify, or discontinue, temporarily or permanently, the Services (or any part thereof), with or without cause. We shall not be liable for any such addition, modification, suspension, or discontinuation of the Services.

3. MODIFICATIONS

The Terms are subject to revisions at any time, as determined by us. We may at our sole discretion modify the agreement from time to time, to reflect changes by the law or Justdun itself. We shall post a revised version of the terms on this page with required modifications as and when deem fit. We will also indicate the date on which modifications were last made on this page itself. All the changes are effective immediately upon being posted on the Platform and shall not apply retrospectively except as expressly provided. You are requested to revisit this page on a regular basis as the revised version of terms will be binding thereof. If you do not agree to the modified terms, you should immediately discontinue your use of our platform. Your continued use of the platform after any posted modifications to the terms indicates your assent to the modified terms of the agreement

4. USER ACCOUNTS

To use some of the features on the Platform, you may be required to create an account and provide certain details and information to us. We have two types of accounts which are as follows:
"Personal Account" is an account meant for use of customers for personal purpose only. While creating or updating a Personal Account, you are required to provide complete, true and accurate information about yourself. You agree not to impersonate, or provide any information other than your own, or create multiple Personal Accounts.
"Business Account” is an account meant for use of vendors for commercial purposes of representing your business on the platform. While creating or updating a Business Account, you must be an authorized representative of the business in consideration, and you must provide complete, true and accurate information about yourself and the business you represent. You shall not provide any information that does not relate to your business or create multiple Business Accounts for the same business.
Personal Account and Business Account are individually and collectively referred to as “Account”. You agree to promptly update your details on the Platform in the event of any change to or modification of your information. You are exclusively responsible for maintaining the security and confidentiality of your account credentials and for all activities that occur in connection with your account. We shall not be liable for any breach of security or unauthorised disclosure or use of your account or content. You are required to notify us immediately for any such breach of security or unauthorized disclosure or use of your account or content. We reserve the right to close your account at any time for any or no reason.

5. OWNERSHIP

All rights, titles, and interest contained in, and to the platform are owned by or otherwise licensed to us. We own the Justdun website and mobile application, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, user reviews, ratings and all other elements and components of the Platform and the Content thereon excluding User Content and Third-Party Content. We also own the intellectual and proprietary rights arising out of the platform including but not limited to copyrights, trademarks, patent, trade names, publicity rights and other rights throughout the world associated with the Justdun Content and the Platform. All our rights are protected by copyright, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, publicly display, distribute, create copies or adaptions or in any way exploit any of the Justdun Content or Platform in whole or in part except as expressly authorized by us. We do not grant you any express or implied rights to use the Platform and the Justdun Content, except as expressly and unambiguously provided herein. Nothing in these Terms should be construed as conferring any right in, or licence to, our or any third party’s intellectual property or propriety rights.

6. USE OF THE PLATFORM

Justdun hereby grants you a non-exclusive, non-transferable, non-sub licensable, revocable, and limited licence to use the platform in accordance with these terms and instructions issued from time to time. The Platform is intended for use within India, in the event you avail the products and services from a jurisdiction other than India, you will be deemed to have accepted the terms and conditions of this contract. Use of the Platform is available on web and mobile devices. We grant you the permission to use the Platform subject to the restrictions as laid down in our agreement. You agree not use the Platform in a way other than those allowed and authorized by the terms. While using the platform, you may come across any user or third-party inappropriate content, Justdun does not promote or endorse any such content and as a part and parcel of this agreement, specifically restricts all users from submitting or transmitting such content to the Platform. We reserve the right to investigate and take appropriate action at our sole discretion, if you violate any terms of the agreement
Except as expressly permitted in these terms, you agree not to, and will not assist or enable others to directly or indirectly in any capacity, use the Platform:
To threaten, harm, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Platform;
To submit or transmit spam or junk letters, contests, messages, emails, schemes, surveys, or other mass communication, whether commercial in nature or not;
For promotional or commercial purposes, except in connection with a Business Account and as expressly allowed in by Justdun;
In a manner that may create a conflict of interest, such as trading reviews or compensating someone or being compensated to write, modify, fake or remove a review, or by writing a defamatory review;
For keyword spamming or otherwise attempt to manipulate natural search results;
To promote racism or discrimination on the basis of race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic, against any persons or other users for any reason;
To violate any intellectual property or proprietary right of any person or entity, including breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right and publicity right;
Except for the purposes of this agreement, to copy, display, publish, modify, adapt, reproduce, distribute, translate, create, store, translate, post, submit, sublicense or transmit any content that might be illegal, offensive, indecent, untruthful, inaccurate, objectionable, pornographic, defamatory or otherwise inappropriate;
To attempt, accept or encourage inappropriate solicitations, engagements, influence, impact and approaches;
For fraudulent, malicious or illegal activities;
In any manner inconsistent with these terms, unlawful manner or in violation of any applicable law and regulations; Users are further prohibited to undertake any of the following actions on the Platform:
Reformat, decompile, reverse engineer, or disassemble any part of the Platform, except otherwise permitted by Justdun; Copy, duplicate, print, remove or modify any intellectual property or proprietary rights or materials available on the Platform; Make unauthorized use or disclosure of any user content; Record, process or mine information about other users; Deploy any robot, spider, site search, retrieval application or other automated device, manual process or means to directly or indirectly compile, access, retrieve, scrape or index the platform, database, directory or any content; Construct or populate a search-able database of business reviews from the Platform; Mirror, link, copy or frame all or any portion of the Platform; Impose unreasonable, disproportionate or large load on Justdun’s platform and database systems; Gain or attempt to gain unauthorized use of the Platform, user accounts, computer systems or networks connected to the Platform; Use any device, software or routine that interferes or attempt to interfere with the working of the Platform; Violate the security of any computer network, crack passwords or security encryption codes; Undertake hacking, password mining, or any other illegitimate means or destructive practices; Remove, circumvent, disable, damage, disrupt or otherwise interfere with the security of, or otherwise cause harm to, the platform content, security-related features, features that prevent or restrict the use or copying Content, or features that enforce limitations on the use of the platform;Transmit, or send or upload any content that contains viruses, trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or any harmful programmes, or codes to adversely affect the operation of our platform or any computer software or hardware;

7. RIGHTS OF JUSTDUN

We are under no legal obligation to monitor the platform or its content. However, we reserve the right to investigate possible violations of the agreement described herewith or block users from the Platform, and refer matters to law enforcement authorities for further investigation. We may disclose platform content to third parties, including your content, in accordance with the privacy policy. We further reserve the right to modify, update, or discontinue the platform at our sole discretion, at any time, for any or no reason, with or without any notice or liability. We shall exercise lawful measures as we deem necessary to prevent any unauthorized disclosure or use of the platform, including, but not limited to, technological barriers, IP mapping and right to inform your Internet Service Provider (ISP) regarding such unauthorized use or disclosure.
You agree that we have the necessary authority and permissions to use your content for the purposes described herein. You hereby irrevocably grant us a world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to collect, use, publish, display, store, host, share, transfer, process, communicate, distribute, make available, modify, adapt, translate, and create derivative works of the user content, for the (i) functioning of, and in connection with, the platform or for the limited purposes of advertising and promoting the products and services, (ii) analytics, trend identification, and purposes of statistics to further enhance the effectiveness and efficiency of our platform, (iii) provision of beneficial schemes, new offers, (iv) experience enhancement or furnishing evidence before a court or authority of competent jurisdiction under applicable laws. You also irrevocably grant the platform’s users and the users of any third-party media the right to access your content in connection with their use of the platform and third-party media. By “use” here we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyse, commercialize, and prepare derivative works of Your Content. We will never advertise, sell, trade, submit or transmit the information of users nor allow anyone to advertise, sell, trade, submit or transmit the information of users otherwise than for the purposes of this agreement. You irrevocably waive, and cause to be waived Justdun and our users against any claims and assertions of moral rights or attribution with respect to your content’s misuse or unauthorized disclosure.
Our Platform may contain interactive features that allow users who have created an account with us to post, upload, publish, display, transmit, or submit comments, reviews, suggestions, feedback, ideas, or other content on or through the Platform. As part of the effective provision of the services and quality control purposes, we may request reviews from you as customers and you agree and acknowledge that customers may provide reviews about you as vendors to us. You must not knowingly provide false, inaccurate, or misleading information in respect of the reviews. Reviews will be used by us for quality control purposes and to determine whether customers and vendors are appropriate users of the platform. If we determine at our sole discretion that you are not an appropriate user, we reserve the right to terminate your account or cancel your registration or remove you from our Platform.
Justdun reserves the right to send any communications with respect to booking details, marketing information or appointment reminders, payment requests, pricing details, notifications, any promotional offers about the product and services offered by us, vendors and our third party partner, and/or any other matter in relation to the facilities made available through our platform We expressly provide that Justdun is not responsible for any user content or third-party content and neither we are responsible for the pricing, quality and liability issues arising on account of the products and services offered by the vendors or third party partners. In certain instances, we may require you to furnish identification proofs to avail the products and services offered by vendors.
We reserve the right to add, remove, screen, edit, revise or reinstate any Justdun content, user content or third-party content on the platform from time to time at our sole discretion for any reason or no reason, and with or without notice to you. We have no obligation to retain or copy your content, nor we make any guarantees or representations against breach of any confidentiality with respect to your content. Further, we do not imply that your content is in any way sponsored or endorsed by Justdun. You may be expose to liability if your content (i) violates any third-party intellectual property or proprietary rights, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, privacy right, publicity right; (ii) contains material that is false, intentionally misleading, or defamatory; (iii) contains material that is unlawful, including illegal, hatred or pornography; (iv) exploits or otherwise harms anyone; or (v) violates or advocates the violation of any law or regulation.
Justdun and its licensed partners may display advertisements, promotions and other third-party content adjacent to or included with your content on the platform and third-party media. We are not entitled for any liability such for advertising, promotional and third-party content. The manner, mode and extent of such third-party content and user content are subject to change without specific notice to you.

8. RESPONSIBILITY OF USER

In respect of the user content, you represent and warrant that you own all intellectual property or propriety rights (or have obtained all necessary permissions) to provide user Content and to grant the licences under these terms. It is your sole responsibility to ensure that the user content does not and shall not contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or otherwise violate, infringe, or misappropriate any intellectual property right or other proprietary right of any person or entity. Further, you represent and warrant that all the user content that you provide is complete, true, and correct on the date of provision of such content and shall continue to be complete, true, and correct while you use the platform. If any content that you provide change during the existence of these terms, you undertake to immediately bring such change on the platform. You alone are responsible for your content and assume all risks associated with your content, including, but not limited to, anyone’s reliance on its truthfulness, accuracy, quality, reliability, completeness or usefulness, or inappropriate disclosure by you yourself of your content. We do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any of your content including information, documentation, material, or data, provided to use the platform is incorrect, incomplete, inaccurate, or misleading or if you fail to disclose any material fact.
We request that you treat all users with respect and courtesy, and that you will honour your commitments within booking obligations. Service vendors are obligated to provide their customers a safe, clean, hygienic and appropriate location while Product vendors are obligated to uphold the features and quality of products as described on the platform. Customers shall be entitled to refuse the acceptance of order if you do not provide a safe, clean, hygienic and appropriate location to them, or delivery a product that does not matches the described features or quality or if your behaviour towards them is discourteous, disrespectful, abusive, or otherwise inappropriate or unlawful in any manner. Additionally, you will not resort to any activity that with hinder the health, safety, or well-being of any person or entity. We reserve the right to withhold your use and otherwise limit your use of the platform at our absolute discretion if you do not honour your obligation herein or failed to show respect and courtesy to other users.
You are solely responsible for all activities that occur on or through your account on the platform and agree not to violate any of your obligations or responsibilities under other agreements. Also, you warrant that you shall not engage in any activity that interferes with or disrupts the platform and shall not gain or attempt to gain unauthorised use of any portion or feature of the Platform or any server, systems or networks connected to the Platform. Further, you shall extend all cooperation to us in our defence of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these terms.
Any of the user activities or user content does not or shall not (i) threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, public order, (ii) cause commission of any cognisable offence, prevents investigation of any offence, or is insulting another nation, (iii) defame, grossly harm, offend, invade another’s privacy, (iv) discriminate based on gender, ethnically objects, disparages, (v) relate to, or encourage money laundering or gambling, libellous, hateful, racist, violent, obscene, pornographic or any other unlawful or harmful activities (vi) offends, objects, restricts, or inhibits, any other person from using or enjoying the platform. You agree that the limitation described herein is reasonable, fair and is necessary for the protection of the privacy and security of platform and that this will not prevent you from using the Platform, except as expressly stated herein.

9. BOOKING POLICY

The Platform permits users you to display, request, select or confirm their preferred time slots from the available slots. To make or confirm a booking, you should follow the instructions on the Platform and provide necessary information. As part of the services offered by the Platform, Justdun permits its customers to make appointments with vendor and authorizes vendor to confirm appointment requests made by customers as an when made within suitable time period. Once you place a booking we will provide confirmation of the booking via SMS, email or a push notification. Once your booking has been confirmed, you will be entitled to or required to make payment in accordance with these terms or as indicated on the Platform.
If in an event we cannot find the vendor at the specific time slot, we will contact you to reschedule for an alternative time. In the event, customer elects to reserve an appointment with a vendor on the Platform, the customer covenants that he/she/it or any beneficiary user for whom such appointment is booked will arrive at the designated venue at the booked timings. In the event that the user is unable to honour the appointment after scheduling such, he/she/it agrees to cancel or update such appointment not less than twenty-four (24) hours in advance of the originally scheduled time. You acknowledge and agree that Justdun may suspend or terminate your account in the event that you fail to appear at the venue for any scheduled appointment.
You represent and covenant further that you will not make any false appointments at which you or beneficiary user do not intend to appear and further agree to refrain from any and all conduct which may be adverse to the interest of each of the vendor businesses listed on the Platform. Each user covenants to defend, indemnify and hold harmless Justdun from and against any and all conduct which may be adverse to any of the user on the Platform.

10. PAYMENT TERMS

Justdun charges a specified fee from you, from time to time, for the different products and services you may upload/avail and for any other facilities you may opt for on or via the Platform. In addition, Justdun reserves the right to expressly charge you a convenience fee for facilitating the booking and transferring payments. In respect of products and services that you seek to avail through the Platform as a customer, you shall be required to pay the vendors the amount indicated at the time of booking as well as amounts as revised by the vendor on the basis of actual performance, occurrences or utilization. You acknowledge that the final invoice may the final price and additional charges, including without limitation, a safety fee, warranty fee, insurance fee, welfare fee, transaction fees, service fee and taxes.
Justdun reserves the right to differentially price or reasonably revise the charges and fees at any time at its sole discretion. You acknowledge and agree that charges and fees applicable in certain geographical areas may increase, decrease or vary substantially during times of season or demand. Justdun will use reasonable efforts to inform you of the charges and fees that are applicable from time to time. However, a subsequent change in and charge or fee shall not impact any bookings that have been confirmed before revision.
Justdun may, in its sole discretion, from time to time provide transferrable or non-transferrable subscription or promotional offers for monetary consideration that may be redeemed for discounts or credits. The offers shall provide additional benefits. You agree that subscriptions and promotions shall be subject to additional terms and conditions that will be deemed to be an integral part of these Terms. We may enable or disable any subscriptions and/or promotional offers including discounts and credits therein at its sole discretion for any reason at any time without any liability to you. The validity of discounts and credit offers may expire prior to your use after the prescribed time limits. Different offers may be subject to different terms. On account of offers there may arise a difference in pricing mechanism for same or similar services obtained by different users. If Justdun determines or believes that the use or redemption of the offer and code was unlawful, error, fraudulent, illegal, or in violation of the applicable terms, then we may withhold, deduct or reverse such benefits in future.
The Charges, Fees and Taxes as may be applicable, shall be payable at the time of booking of order or completion of order. Justdun shall intimate the payment methods at the time of booking and you with be authorized to select and make the payment through credit cards, debit cards, net banking, wallets, UPI or cash upon booking or completion of order as the case may be. We have the right to modify and otherwise restrict, from time to time the modes of payment available to you. You acknowledge that certain payment methods such as cash upon completion may not always be available to you as a payment method in certain cases. In the event you pay through the method of ‘cash upon completion’, you acknowledge that you will pay the estimated charges upon completion of order delivery. For the avoidance of doubt, please note that Justdun acts as a collection agent on behalf of vendors and third-party service providers to collect and transfer amounts due to them.
Charges, Fees and Taxes that you pay are final and non-refundable, unless otherwise determined by Justdun or required by the applicable laws. You may be entitled to a refund or other remedies for a failure in the delivery of the product or service. You may also elect to cancel your order not less than twenty-four (24) hours in advance of the originally scheduled time. Orders that are cancelled before confirmation on the Platform will not be charged and orders cancelled after confirmation will be chargeable as per Justdun’s cancellation policy as set out from time to time. Justdun also reserves the right to charge you an appropriate fee, or otherwise deduct applicable taxes in respect of such cancellation fee.
Justdun does not endorse, represent, warrant or designate any portion of your payment as a tip to the vendor. You understand and agree that while you are free to provide such tip voluntarily as a gratuity to any vendor and you are under no obligation to do so. We further inform that we use a third-party payment application for your selected mode of payment and thus processing of payments will be subject to the terms and policies of such third-party service provider in addition to these terms. We shall not be liable for any error that occurs in the processing of payments. In the event of any unsuccessful payment, the money debited shall be credited in accordance with the terms of the such third parties.

10. TERMINATION

These Terms shall remain in force and effect unless restricted, suspended, deactivated or terminated in accordance with the terms hereunder. In the event of any termination, the clauses of this agreement will continue to stay in force and effect, that are expressly, or by implication, intended to survive beyond termination
We may restrict, suspend, deactivate or terminate your account or ability to use the platform, in whole or in part, at our sole discretion, for any or no reason, and with or without notice or liability of any kind. We shall exercise our termination powers if you breach this agreement or if you involve or are suspected of involvement in illegal activity. Any such termination or suspension will prevent you from using the Platform and the Content thereon, in whole or in part
You may also terminate this agreement at any time for any reason by closing your account and discontinuing your use of any and all parts of the Platform. If you close your account, we will deploy reasonable measures as we deem fit to stop your account profile’s use and display on the platform, but we shall reserve the right to retain, copy or display your content post termination.

11. INDEMNITY

You agree to defend, indemnify and hold harmless our parent company, members, managers, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them from any claim, judicial proceeding, suit, action or demand, including, without limitations all costs, losses, liabilities, damages, settlement fees, litigation costs, attorneys’ fees and legal fees, made by any person or entity due to or arising out of: (i) your use of the platform, (ii) your violation of this agreement, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other propriety right of any person or entity. Justdun reserves the right, to assume the exclusive defence and control mechanism at your expense, of any matter for which you are required to indemnify us and you agree to completely cooperate with our defence and control mechanisms. Justdun will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it and you agree not to settle on any matter without the prior written intimation to Justdun,

12. DISCLAIMERS, WARRANTIES AND LIMITATIONS OF LIABILITY

The entire platform and its content are made available to you on an “as is” basis. Justdun or its parent company, members, managers, subsidiaries, affiliates, any related companies, contractors, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives, makes no warranties, representations or conditions of any kind, express, statutory or implied as to (i) the availability, operation, functionality, communications, theft, destruction, or unauthorised use of the platform, (ii) the accuracy, integrity, completeness, reliability, defects, delays, quality, suitability, availability, merchantability, legality, usefulness, safety and intellectual propriety rights of any of the platform or its content, (ii) the products and services associated with the platform or its content, including but not limited to the products and services by vendors listed on the platform. We further disclaim all warranties, express, statutory or implied, including, but not limited to, implied warranties of merchantability, quality, durability, authenticity, and/or non-infringement. No advice or information, whether oral or written, that you obtain from Justdun shall create any warranty, representation or condition not expressly stated herein.
To the fullest extent permissible by law, Justdun disclaims any and all liability against our parent company, members, managers, subsidiaries, affiliates, any related companies, contractors, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives for any (i) direct, indirect, special, incidental, punitive, exemplary, reliance or consequential damages or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, (ii) loss of profits, revenues or opportunities, (iii) business interruption, (iv) loss of or damage to reputation of Justdun or any third party, or (v) loss of information or data, arising out of the terms or your use of the platform, its content or your communications, dealings or other interactions with any of the users, advertisers or third parties on the platforms, though Justdun reserves the right to monitor disputes between you and them. Your use of the platform, content, deals and communications including their reliability, quality, suitability, availability, defects, delays, authenticity, accuracy or completeness, are at your own discretion and risk, and you will be solely responsible for any resulting liability, including but not limited to, any loss or damage.
We accept no responsibility or liability, nor do we make any warranty, representation, or guarantee in respect or for reliability, interruptions, operations, quality, suitability, availability, defects, delays, authenticity, accuracy or completeness of any orders, deliveries, bookings and performance, or for any acts or omissions of the vendors, customers, delivery partners, third parties, advertiser or any other user of the Platform. You agree and acknowledge that we are merely a platform that connects customers with vendors, and we shall not be liable in any manner for any obligations that have not been explicitly stated in these Terms. Justdun also disclaims any and all warranties and liability for any loss or damage arising out where jurisdictions do not allow the exclusion of certain warranties or limitations. Justdun’s maximum aggregate liability to you for any claims, damages, injuries or causes whatsoever, and regardless of the form of action (whether liability arises due to negligence, breach of contract, misrepresentation or for any other reason), will at all times be limited to the greater of (i) the amount paid, if any, by you to Justdun or (ii) us INR 10000, whichever is lower.

13. THIRD PARTIES

The Platform may include links, applications, facilities, documents and content owned, licensed, or otherwise made available by, a third-party (the “Third Party Services”). Further, all intellectual property rights in and to third party services are the property of the respective third parties. Your use of third-party services shall be governed and bound by the terms and conditions and privacy policy of such third party as well.
We do not control or endorse any such third-party service, and you agree that we are not responsible for the availability and security of such services. You understand and acknowledge that third party services are the sole responsibility of the third party that created or provided it and that use of such third-party services is solely at your own risk. You have no authority to distribute, sell, rent, duplicate, display, sublicense or lease such third-party services in whole or in part. You shall not further use it for any purpose other than those as described herein.

14. LAW OF JURIDICTION

These Terms shall be governed by and construed and enforced in accordance with the laws of India. Courts in New Delhi shall have exclusive jurisdiction over all conflicts, controversies, issues, dispute, claim, judicial proceeding, suit, action or demand arising out of these terms about or involving Justdun or its platform and content, you agree that any such dispute will be exclusively governed by the laws of the country of India, without regard to its conflict of law provisions. The Parties do not intent for this provision to negate or limit any provision of this agreement, nor of any other agreement between the parties, that requires (i) mediation, arbitration or other non-judicial dispute resolution procedure; nor (ii) non-binding action to attempt to resolve a dispute by agreement.

15. MEDIATION – ARBITRATION

Any issues, controversies, conflicts, disputes, claims, proceeding, demand or differences, arising out or relating to Justdun, platform, or terms of this agreement, which cannot be settled through negotiation, shall be resolved by arbitration in New Delhi in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential, and not disclose to any person, other than to the legal advisors or anyone who needs to know, unless required to do so by law. The judgement awarded by the arbitrator(s) shall be final and binding on all the parties thereto. Each party to the arbitration shall bear its own costs with respect to any dispute.
The parties hereby knowingly and voluntarily and irrevocably waive their right to trial by jury and agree that if the foregoing binding arbitration provision is determined for any reason to be unenforceable or inapplicable to a particular dispute, then such dispute shall be decided solely by a judge in a court of competent jurisdiction.

16. MISCELLANEOUS

No agency, partnership, joint venture or employment is created as a result of this agreement, and you do not have any authority of any kind to bind us in any respect whatsoever.
We may provide you with notices, notifications, requests and intimations including those regarding changes to this agreement by email, regular mail, postings, messages or otherwise as we deem fit, in our sole discretion.
Except as otherwise stated herein, nothing is intended, nor will be deemed, to confer rights or remedies upon any third party.
This agreement contains the entire agreement between you and us regarding the use of the platform, and supersedes any prior agreement between you and us on such subject matter.
Any failure on our part to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of this agreement is found to be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this agreement unenforceable or invalid as a whole. In such event, such provision shall be changed and interpreted accordingly so as to best accomplish the objectives of such provision within the limits of applicable law or court to the extent necessary and the rest of the provisions of this agreement will remain in effect and enforceable.
Your rights, obligations, or covenants under these Terms, or your Account is not assignable, saleable, sublicensable or otherwise transferable by you in any manner without our prior written consent which we may grant or withhold at our sole discretion. We may assign our rights to any of our affiliates, subsidiaries, parent companies, successor, or any third party without any prior notice to you.
In the event either party is unable to perform its obligations under the terms of this agreement because of acts, events, omissions, or accidents beyond our reasonable control, including without limitation, strikes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, or compliance with any legal or governmental order, rule, regulation, or direction, such party or us shall not be liable for any damages to the other for any such failure to perform or otherwise from such causes.
You shall be required to report your grievances at our help desk at the earliest or within 48 (forty-eight) hours of incidence of such grievance.
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