Terms and Conditions
Effective, Last updated: January 01, 2023
Please read these terms and conditions carefully before using Our Service.
Your agreement with Us includes these Terms and Our Privacy Policy (�Agreements�). You acknowledge that You have read and understood Agreements, and agree to be bound of them.
If You do not agree with (or cannot comply with) Agreements, then You may not use the Service. These Terms apply to all visitors, Users and others who wish to access or use Services of AdBrovz and AdBrovz Elite.
1. Interpretation and Definitions
1.1 Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
1.2 Definitions
For the purposes of these Terms and Conditions:
� Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to AdBrovz Private Limited, Bangalore, Karnataka, India.
� Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire Agreement between You and the Company, or Co-Party and the Company, regarding the use of the Service.
� Service refers to the Website or Application.
� Website refers to AdBrovz, accessible from https://www.adbrovz.com
� Application or App means the software programme provided by the Company on the Application Store downloaded by You on any electronic device, named AdBrovz and AdBrovz Elite.
� Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
� Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
� Account means a unique account created for You to access Our Service or parts of Our Service.
� You or User mean the individual accessing or using the Service, or the organisation, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
� AdBrovz Elite or Elite means a Service platform provided for Service Partners, further referred to as �Elite Service Partner�
� Personal Data is any information that relates to an identified or identifiable individual. (or from those and other information either in Our possession or likely to come into Our possession).
� Content refers to content such as text, images, media, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
� Product refer to the products or items offered for sale on the Service.
� Order refer to subscriptions available on the Service.
� Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
� Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
� Module refers to a unique individual platform within the Service identified as Promo, Bazaar, Assist in AdBrovz Service.
� Promo is a module that acts as a platform to provide promotional-mix content to Our Service Users. Users who provide their content to promote on this platform are further referred to as "Clients."
� Bazaar is a module that acts as a platform of facilitate sales directly between Our Service Users. Users who offer to sell on this platform are further referred to as �Sellers�, and Users who interact with the Sellers are referred to as �Buyers�.
� Assist is a module that acts as a platform, allowing artificial intelligence to rapidly connect and streamline operations in order to initiate assignments between a Customer and Elite Service Partners, further referred to as "Co-Party."
� Customer are Users who access Our Services, which are featured on the Assist platform, to inquire for particular assistance from Service Partners.
� Service Partner refers to Elite Service Users who are legally verified by the Company to Assist Customers that are featured on the Assist platform.
� Country refers to: India.
2. Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all Users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, Users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
To use Our Service, there may be additional costs involved, such as internet connection and telecommunication charges that may be applicable to You. Such costs shall be borne by You exclusively, and We shall not be responsible or liable in any manner.
3. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
� In any way that violates any applicable law or regulation.
� For the purpose of exploiting, harming, or attempting to exploit or harm Users in any way by exposing them to inappropriate content or otherwise.
� To transmit, or procure the sending of, any advertising or promotional material, including any �junk mail�, �chain letter,� �spam,� or any other similar solicitation.
� To impersonate or attempt to impersonate Company, a Company employee, another User, or any other person or entity.
� In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
� To engage in any other conduct that restricts or inhibits anyone�s use or enjoyment of Service, or which, as determined by Us, may harm or offend Company or Users of Service or expose them to liability.
Additionally, You agree not to:
� Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party�s use of Service, including their ability to engage in real time activities through Service.
� Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
� Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without Our prior written consent.
� Use any device, software, or routine that interferes with the proper working of Service.
� Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
� Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
� Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
� Take any action that may damage or falsify Company rating.
� Otherwise attempt to interfere with the proper working of Service.
4. Content
Content found on or through this Service are the property of Company or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from Us.
4.1. Content Restrictions
The Company is not responsible for the content of the Service Users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
� Unlawful or promoting unlawful activity.
� Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
� Spam, machine � or randomly � generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
� Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
� Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
� Impersonating any person or entity including the Company and its employees or representatives.
� Violating the privacy of any third person.
� False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by Users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.
5. Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
6. Termination
We may terminate or suspend Your account and bar access to Service immediately, without prior notice or liability, under Our sole discretion, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
If You wish to terminate Your account, You may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or ₹0 (zero) if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
8. "AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
9. Governing Law
These Terms shall be governed and construed in accordance with the laws of India, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between Us regarding Our Service and supersede and replace any prior agreements We might have had between Us regarding Service.
10. Jurisdiction & Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If Our solution does not meet Your needs, You consent to submit within a period of seven (7) days from the date of the first initiation of the dispute to the sole jurisdiction of the courts in Bangalore, India.
11. Severability and Waiver
11.1 Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
11.2 Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
12. Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.
13. Communications
By using Our Service, You agree to receive in-app notification, push notification, emails, marketing or promotional materials, and other information We may send through Our Service.
14. Prices
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
15. Subscription Purchase & Payment Terms
You may be asked to supply certain information relevant to Your purchase including but not limited to, Your credit or debit card number, the expiration date of Your card, name, phone number, Your billing address.
You represent and warrant that: (i) You have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information You supply to Us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting Your information, You grant Us the right to provide the information to these third parties subject to Our Privacy Policy.
Payment can be made through various payment methods We have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (Net banking, UPI for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
16. Return and Refunds
16.1 Promo Platform
� Refer 21.6.1
16.2 Bazaar Platform
� Refer 22.6
16.3 Assist Platform
� For Customer: You and the Service Partner are the only parties to these transactions. We are not at all directly involved, even though You might be able to use the platform to carry out payments and other transactions. Any payment made in exchange for the Services or Assistance You received from the Elite Service Partner�s, You acknowledge and accept that We are not involved in these transactions, that the money You pay will be immediately credited to the Service Partner's account, that We have no control over any aspect of these transactions, and that We shall not be liable to anyone for any consequences of such transactions.
16.4 AdBrovz Elite
� For Service Partner�s: Any type of premium Membership, Subscription, or platform rental You pay in the Elite to use the platform or Service, and these transactions are non-refundable. You understand and agree that there will be no refunds for such transactions.
17. Changes To
17.1 Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide In-App notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
17.2 Service and Module
We reserve the right to withdraw or amend Our Service, and any Module or material We provide via Service, in Our sole discretion without notice. We will not be liable if for any reason all or any part of Module is unavailable at any time or for any period. From time to time, We may restrict access to some parts of Module, or the entire Module, to Users, including registered Users.
18. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, �Promotions�) made available through Service may be governed by rules that are separate from these Terms of Service. If You participate in any Promotions, please review the applicable rules as well as Our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
19. AdBrovz In-App Rewards Program
You may reward or be issued Coins on in accordance with the conditions set forth below.
19.1 Rewards of Coins
Refer In-App Coins rewards section to know about Coins reward. Rewards depends upon In-App User activity as displayed in Coins rewards section.
19.2 Spending of Coins
Coins may not be exchanged or utilised by You with any individual, for cash, prizes, or credit. Unless otherwise notified by Us, each Coin may be utilised to avail a Benefit equivalent to ₹1 on eligible rewards as displayed in In-App rewards spending section.
19.3 Lapse of Coins
You must remain active in the Rewards Program to retain and utilise the Coins they accumulate. If Your account is inactive for 30 days, the Coins accrued to such Account shall lapse. You can remain active in the Rewards Program and retain accumulated Coins for 30 days from the date of Reward. Once Coins lapse, such Coins cannot be reinstated, but You can earn new Coins, unless that Your Account has been suspended or terminated.
19.4 Modification
We have the right to change, limit, modify or cancel the Rewards Program, Coins and other benefits at any time, with or without notice, even though such changes may affect the value of Coins or the ability to obtain certain benefits. We may, among other things: (i) increase or decrease the number of Coins received in respect of a Reward Program (ii) withdraw, limit, modify or cancel any benefits; (iii) restrict the continued availability of benefits; (iv) change Reward benefits, conditions of participation, rules for earning, utilising, retaining or lapse of Coins, or rules governing the use of benefits. In earning Coins, You may not rely upon the continued availability of any benefit.
19.5 Termination
We may terminate the Rewards Program at any time without any advance notice to all Users and subscribers. You may not accumulate Coins or claim Rewards Program benefits or amenities after the termination of the Rewards Program. If the Rewards Program is terminated, all Coins that remain unutilized will lapse without any obligation or liability, and no claims for any accrued benefits will be honoured. If We required to suspend or terminate Your rewards due to circumstances beyond its reasonable control, it will have no further obligation to You. We may terminate the Rewards Program, in whole or in part, in any jurisdiction with seven (7) days prior In-App notice if required to do so by applicable law.
19.6 Monitoring accounts and adjustments
We reserve the right to monitor the User Accounts, at any time and without notice, for compliance with the Rewards Program. We may review all Users earned Coins, balance Coins and transaction history including, without limitation under the Rewards Program. You may request credits for Coins that are not reflected in Your account for a completed Rewards, through Our Service or by contacting the notified customer support channels. Such a request must be received within the day of the applicable Rewards Program to receive any credit. It is clarified that such credits shall only be for Coins and not in the form of cash or any other credit.
19.7 Not Responsible for Acts, Errors, or Omissions
We are not responsible for: (a) any loss or misdirection of, or delay in receiving, correspondence, utilisation requests, or benefits; (b) theft or unauthorised utilisation of Coins or use of benefits (c) any errors published in relation to the Rewards Program, including, without limitation, any pricing or typographical errors, errors of description and errors in the crediting or debiting of Coins from Your Account. We reserve the right to correct, without notice, any errors.
19.8 Limitation of Liability
In no event We be liable for any direct, indirect, special, exemplary, punitive, incidental or liable for any Direct, consequential damages of any kind, are in any way connected with Our Rewards Program.
19.9 Applicable Law
In Our Rewards Program and the earning and utilisation of Coins are subject to all applicable laws and regulations. Our Rewards Program benefits are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation in Your jurisdiction of residence. If any part of these Rewards Program is held to be unlawful or unenforceable, that part will be deemed deleted from these Rewards Program in such jurisdiction and the remaining provisions will remain in force.
20. Elite Membership, Rental, Subscription & Rewards Program
As an Elite Service Partners, you acknowledge and agree to pay a Membership fee, rental charges, subscription charges and follow the rules and regulations of the Rewards program, which will be set out in the respective section in Elite.
20.1 Membership
You will be asked to pay a registration fee ("Membership") when you first register or login to Elite. The Membership fee will be displayed after a successful registration. The Membership fee may be changed at any moment by the company without prior notice.
20.1.1. Membership Activation
Upon registration and payment of the registration fee, the Company reviews, processes, and may accept those Memberships. In return for this service, whether accepted or rejected, You may not request a refund or credit or dispute the charges before, during, or after the payment.
We make every effort to activate Your Membership within seven (7) working days of receiving registration fee confirmation.
No documents will be processed and verified before receiving the applicable Registration Fee. At the time of document verification, an Elite user whose document is rejected for reasons that may include, but are not limited to, document errors, fake documents, etc., is not entitled to use Elite, and the Registration Fee is non-refundable.
20.1.2. Membership Cancellation
The registration fee is non-transferable (You cannot transfer it to another person) and non-refundable in the event of cancellation for any reason. These circumstances and reasons may include, but are not limited to, medical conditions, family conditions, the impossibility to travel due to COVID restrictions or any other government restriction, etc.
20.2 Rental
Accepted Service Partners (those whose applications have been accepted) are eligible to use Elite by paying the Company's time-to-time platform rental charges. The rental fee will be applicable based on Your Service categories and feature requests.
21. Promo Module
The module contains content which includes Your information, Our information, and information from other Clients. The platform allows those who comply with these Terms.
21.1 Acceptance
As a client, you acknowledge and agree that the company is not liable for any interactions you have with any Users on the Promo module or through the service.
21.2 Right to Post Content
The Promo platform does not directly allow You to promote Your content. It allows You to submit Your content for review before it is visible on the platform. We create all categories of content for User engagement, or We may create Your content on Your behalf if You instruct Us to do so.
To post Your Content to the Promo, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Promo module. You retain any and all of Your rights to any Content You submit to Us to post or display on or through the Promo platform and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other Users of the Promo Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
21.3 Availability, Errors and Inaccuracies
The content available on the platform may be described inaccurately, and We may experience delays in updating information regarding content and in advertising on other sections.
We cannot and do not guarantee the accuracy or completeness of any information, including contents, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
21.4 Removal of Content
We reserve the right to refuse or cancel Your content at any time for certain reasons including but not limited to:
� Service availability
� Copyrights issues
� Logo or Trademark issues
� Errors in Your Order or other reasons
� Errors in the content, description or price
� Non fulfilment by Our Service
We reserve the right to refuse or cancel Your content if fraud or an unauthorized or illegal transaction is suspected.
21.5 Purchases and Payments
We are constantly updating Our offerings of Premium subscription on Our Service. Some aspects of Promo require a premium subscription ("Subscription(s)"). If You wish to subscribe to the available subscriptions made available on the Promo platform, refer to clause 15 for Subscription Purchase and Payment Terms.
21.6 Refund
Any type of Premium Subscription Your purchase from the Promo platform can only be refunded in accordance with clause 21.6.1. In no event will you be eligible for more than one refund of the same content, product, or service.
21.6.1. Subscription Refunds
We offer the following guarantee: If You are using Premium Subscription to promote Your content, and for some reason You decide that You would like a refund, You can cancel the order to request a refund before displaying Your content on Our Promo module. On such a request for a refund on cancelation, Company will give You a 75% refund of Your purchase price within seven (7) working days from the date of request. If You do not request a refund within the display period, You forfeit this option and will not be eligible for a refund.
21.7 Fee Changes
Company, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Your continued use of Service Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
22. Bazaar Module
The Bazaar platform allows those who comply with these terms to offer to sell or buy listed items on the platform. By using the Bazaar, You understand that We do not control and are not responsible for products, content, and messages held between the participants (i.e., seller and buyer).
22.1 Acceptance
As a Buyer or Seller, You acknowledge and agree that the Company is not liable for any interactions You have with any Users on the Bazaar module or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties, or representations associated with any interaction You may have with other Users. These dealings are solely between You and any Users on the Bazaar platform or through the Service. You agree and acknowledge that We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Bazaar platform, or between Users and any third party, You understand and agree that We is under no obligation to become involved in such dispute. You use the Bazaar at Your own risk.
22.2 Right to Post Product
The Bazaar platform allows you to list marketplace products. You are responsible for the listings that you post to this platform, including its legality, reliability, and appropriateness.
You by posting Product to the Bazaar, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Product on and through the Bazaar. You retain any and all of Your rights to any Product You submit, post or display on or through the Bazaar and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Product available to other Users of the Bazaar, who may also use Your Product subject to these Terms.
You represent and warrant that: (i) the Product is Yours (You own it) or You have the right to sell it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Product on or through the Bazaar does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
22.3 Availability, Errors and Inaccuracies
The listings available on the platform may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding listings and in advertising on other sections.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
22.4 Removal of listings
We reserve the right to refuse or remove Your Product at any time for certain reasons including but not limited to:
� Products availability
� Errors in the description or prices for Products
� Non fulfilment by seller
� Errors in Your Order
We reserve the right to refuse or remove Your Product if fraud or an unauthorized or illegal transaction is suspected.
22.5 Purchases and Payments
You understand and agree that We don't sell any products and that We have no control over any products You purchase.
We are constantly updating Our offerings of Premium subscription on Our Service. Some aspects of Bazaar require a premium subscription ("Subscription(s)"). If You wish to subscribe to the available subscriptions made available on the Bazaar platform, refer to clause 15 for Subscription Purchase and Payment Terms.
22.6 Return and Refunds
These dealings are solely between You and the Seller if You are the Buyer, or vice versa, if You are the Seller, the dealings are solely between You and the Buyer.
Although You may be able to conduct payment and other transactions through the Platform, using third-party vendors such as We are not in any way involved in such transactions.
You understand and agree that We are not a part to these transactions, that We have no control over any aspect of these transactions, and that We shall have no liability to any person arising from such transactions.
21.7 Fee Changes
Company, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Your continued use of Service Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
23. Assist Module
The platform enables artificial intelligence (AI) to rapidly connect a wide range of categories, and the platform offers a wide range of options within the listed category of services from which the Customer must choose, and those who meet these terms are permitted to make a booking.
23.1 Acceptance
As a Customer, You acknowledge and agree that the Company disclaims all liability for any defects in the goods and services You obtain from the Service Partners which do not reflect as extra expenses on Your bill receipt.
No provision of this agreement, or the course of dealings between the Company and the Service Partner, shall be construed to make the Service Partner the Company's employee.
23.2 Right to Post Service Categories
The Assist platform does not allow You to add, edit, or create service categories. The Company create service categories for Users to make use of the listed service categories.
23.3 Availability, Errors and Inaccuracies
The prices available on the platform may be mispriced, described or categorised inaccurately, or unavailable, and We may experience delays in updating information regarding prices and services in categories or other sub-categories.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
23.4 Removal of Services categories
We reserve the right to remove services categories at any time for certain reasons including but not limited to:
� Elite Service Partners unavailability
� Non fulfilment by Service Partner
23.5 Relationship of the Co-Party
� The Customer engages Service Partner in Elite to provide the Assistance or to Complete the Assignments specified in these terms and conditions and in the attached schedules, if necessary.
� No provision of this agreement, or the course of dealings between the Customer and Service Partner, shall be construed to make Service Partner the Customer's agent.
23.6 Customer�s Obligation
23.6.1. The Customer shall be responsible for the correctness of all measurements for products or materials that You give to the Service Partner in Elite. Where these measurements are not correct and accordingly materials or products which are ordered or provided by Service Partner in Elite are the wrong size, the Customer shall bear the expense of rectifying this.
23.6.2. The Customer shall co-operate with Service Partner in Elite as may be necessary to facilitate this agreement, including but not limited to:
� Permitting Service Partner in Elite access to the property or location in which the Assistance are to be supplied (�the Site�) and assuring that such access is appropriate and adequate.
� Where the Site is indoors, ensuring that there is adequate ventilation.
� Providing for Service Partner in Elite such facilities as may be necessary in order to allow him to complete the Assistance.
� Following Service Partner in Elite�s reasonable Instructions relating to safety and the state of work which has recently been completed by Service Partner in Elite or is in the process of being completed or to the state of the Site in general, including directions and restrictions on appropriate usage, care and maintenance.
� Unless the Quotation specifies otherwise, the Customer will be responsible for any cleaning and redecorating which is necessary to the Site after Service Partner in Elite has completed the agreed Assignment (with the exception of the removal of waste materials or building rubble, which shall be the responsibility of Service Partner in Elite as set out in 23.7.4).
� Where Service Partner in Elite stores or keeps any materials or equipment on Site, the Customer shall be responsible for the security and safety of such and shall account to Service Partner in Elite for any loss or damage.
� The Customer shall be responsible for any permissions, licences or consents which are necessary in order for the Assistance to be provided. The Customer warrants that he/she has applied for and obtained all such necessary permissions, licence or consents prior to contracting Service Partner in Elite.
23.7 Service Partners� Obligation
23.7.1. Service Partner in Elite shall perform all duties, assignments and obligations under this contract with reasonable care and skill and to a reasonable standard. He shall comply with all relevant codes of practice and statutory or regulatory requirements.
23.7.2. Service Partner in Elite shall take all reasonable care with the Customer�s property, including taking reasonable steps to protect the Customer�s furnishings, fittings, wall, ceiling and floor coverings during the provision of the Assistance.
23.7.3. Service Partner in Elite shall be responsible for managing and arranging the safe and lawful disposal of any waste materials which are generated or removed from the Customer�s property as a result of the provision of the Assignment.
23.7.4. Service Partner in Elite shall at all times hold valid public liability insurance policies.
23.7.5. Service Partner must comply with current Covid protocols and rules of relevant venues and AdBrovz user (Customers) may be requested to show proof of Covid vaccination.
23.8 Booking
The Customer can book from the provided options on the Platform. The booking features may vary from those categories depending upon the Service Partners� availability.
23.9 Cancellation and Charges
23.9.1 Quick - Scheduled for the same hour.
Before the Service Partner begins the work on Site, the Customer has the right to cancel a booking at any moment. The Customer is responsible for paying the cancellation travel allowance cost based on the distance travelled from the Service Partner's location at the time of booking to the distance travelled at the time of cancellation as determined by the platform.
23.9.2 Assign - Scheduled according to Service Partner availability.
Before the Service Partner begins the work on Site, the Customer has the right to cancel a booking at any moment. The Customer is responsible for paying the cancellation travel allowance cost based on the distance travelled from the Service Partner's location start time to the distance travelled at the time of cancellation as determined by the platform.
23.9.3 Fixed Time - Scheduled for the same day.
The Customer has the right to cancel a booking at any moment up to 2 hours before the agreed time and will incur no charges. The Customer is responsible for paying any cancellation with a notice period of less than 2 hours, which will be subject to a ₹25 late notice fee.
23.9.4 Reservation - Scheduled for the other day.
The Customer has the right to cancel a booking at any moment up to 10 hours before the agreed date and time and will incur no charges. The Customer is responsible for paying any cancellation with a notice period of less than 10 hours, which will be subject to a ₹25 late notice fee.
23.9.5 Spot Inspect - Scheduled according to Service Partner availability.
The Customer has the right to cancel a booking at any moment after the Service Partner visits the Customer�s Site. The Customer is responsible for paying the cancellation travel allowance cost based on the distance travelled from the Service Partner's location at the time of booking to the Customer's location as determined by the platform, in addition to the visit charges as specified on the platform.
23.9.6 Enquiry - Scheduled according to Service Partner availability.
The query responses that the Customer obtained from Service Partners may be compared by the Customer. The Customer can choose the Service Partner to book based on that. Before accepting the appointment, both Co-Party�s must accept. Customer cancellation of a booking is not permitted. Service Partners will start executing the project on Site based on the accepted enquiry. In other circumstances, the Customer can ask the Service Partner to cancel and Customer will be charged a fee of ₹500 at the time of cancellation if they do so before the Service Partner starts the work on Site.
23.9.7 Offline - Scheduled according to Service Partner availability.
The query obtained from Customer may be scheduled by Customer Support based on the Service Partner�s availability.
After accepting the appointment, the Customer has the right to cancel a booking at any moment up to 2 hours before the agreed time and will incur no charges. The Customer is responsible for paying any cancellation with a notice period of less than 2 hours, which will be subject to a ₹25 late notice fee.
Service Partner will start executing the project on Site based on the accepted inquiry. In other circumstances, the Customer can ask the Service Partner to cancel, and the Customer will be charged a fee of ₹100 at the time of cancellation if they do so before the Service Partner starts the work on Site, or the Customer is responsible for paying the cancellation travel allowance cost based on the distance travelled from the Service Partner's location start time to the distance travelled at the time of cancellation as determined by the platform.
23.10 Property Rights and Assumption of Risk
23.10.1. Any property rights, title or ownership in any property or materials which are used by Service Partner in Elite in providing or delivering the Assistance shall remain with Service Partner in Elite until the Customer has made payment in full in accordance with these Terms and Conditions.
23.10.2. Risk in and responsibility for any products or materials which are used in the supply, performance or delivery of the Assignment shall pass from Service Partner in Elite to the Customer:
� Where Service Partner in Elite is responsible for delivering the products or materials to the Customer, upon delivery; or
� Where Service Partner in Elite is not responsible for delivery, at the moment the products or materials leave Service Partner in Elite�s storage premises.
23.11 Assistance, Time and Manner of Service Partner Delivery
23.11.1. Service Partner in Elite will provide such assistance to the Customer as are set out in the Assist Platform.
23.11.2. The Assistance will be provided to the Customer within the timeframe specified in the Assist Platform.
23.11.3. Time frames and dates of delivery are provided for guidance only and Service Partner in Elite makes no guarantee that the Assignments will be performed within the specified period. For the purposes of this agreement, time shall not be of the essence and Service Partner in Elite shall not be liable for any loss or damage suffered by the Customer as a result of the delivery of Assistance being delayed or postponed for any reason.
23.12 Quotation or Bill Receipt
Service Partner in Elite shall provide to the Customer a proposal for the Assistance to be provided (�the Quotation�) which shall set out:
The Assignments which Service Partner in Elite will undertake for the Customer.
The date or time period within which the Assignments will be performed.
The prices which the Customer shall be charged for the performance of the Assignments including:
� Any fees which Service Partner in Elite shall charge.
� Any disbursements or expenses which Service Partner in Elite will require the Customer to meet (including but not limited to the prices of materials).
23.13 Payments
23.13.1. The contract price is set out in the Quotation, which includes details of the charges which Service Partner in Elite will make for labour. Materials and parts may be required and supplied at an additional cost.
23.13.2. The intervals at which Service Partner in Elite may invoice the Customer in respect of the whole or an instalment of the Assignment price are set out in the Quotation.
23.13.3. Notwithstanding 23.13.1 and 23.13.2, Service Partner in Elite may vary the Assignment price from the amount set out in the Quotation where he has provided Assistance which are different or in addition to those set out in the Quotation either at the specific request of the Customer or because he has been required to complete additional work which was not anticipated at the time the Quotation was made, or because of market fluctuations in the price of materials.
23.13.4. The Customer agrees:
� Not to withhold any sums due to Service Partner in Elite.
� To make payment via Platform payment methods immediately upon the completion of the agreed work.
� To pay to Service Partner in Elite such costs and expenses as he may incur in recovering payment from the Customer where the Customer fails to make payment in accordance with these terms and conditions.
23.14 Guarantee
23.14.1. Service Partner in Elite provides to the Customer, in addition to any statutory rights which the Customer may have, a guarantee that the Assistance provided under this contract shall be free from defective or flawed materials or workmanship for the period mentioned in bill receipt from the completion of the Assignments, notwithstanding that this guarantee shall not apply to:
� Defects or flaws which are as a result of any misuse, failure to adequately and properly maintain, neglect or failure to follow Instructions or recommendations on the part of the Customer.
� Any defect or flaw which is caused by mechanical or chemical damage (which is not in itself a result of some defect in the workmanship or materials) and which arises after risk in the property has passed to the Customer.
23.14.2. Service Partner in Elite shall, at his sole discretion, determine the manner in which he will satisfy this guarantee, whether by repairing, re-performing or replacing the assignment or by refunding to the Customer all or part of the monies which have been paid.
23.14.3. Where the Customer considers that the Assignments are defective upon delivery or performance then he shall notify Service Partner in Elite of this within 3 days, failing which he shall not be entitled to claim the benefit of this guarantee.
23.14.4. This guarantee shall not become effective until the Customer has paid Service Partner in full via Our Service Online payment portal, failing which the Customer shall not be entitled to claim the benefit of this guarantee.
24.15 Termination
24.15.1. This agreement shall continue until the Assignment (or any mutually agreed addition, extension or variation thereof) have been provided, or until terminated in accordance with the below.
24.15.2. Without prejudice to the above the employment of Service Partner in Elite under this Agreement may be terminated immediately where any of the following circumstances arise:
� Either Co-Party commits a serious breach or persistent breaches of this agreement including but not limited to the non-performance, neglect or default of any of his duties as outlined herein (including a failure on the part of the Customer to make payment within agreed timescales) and after notice of this breach has been given to the defaulting Co-Party it remains un-remedied and unrectified 7 days after such notice.
� Either Co-Party commits a breach of this agreement which cannot be remedied.
� Either Co-Party becomes insolvent or enters into a Company voluntary arrangement or Individual voluntary arrangement or ceases to carry on the whole or substantially the whole of its business.
� Upon termination of the employment of Service Partner in Elite under this agreement the Customer shall pay to Service Partner in Elite such sums as may represent work done and expenses incurred up to and including the date of the termination.
� Any right to terminate the employment of Service Partner in Elite under this agreement shall be without prejudice to any accrued rights or liabilities arising out of this agreement which are in existence at the date of termination.
25.16 Disclaimers and Exclusions
25.16.1. Service Partner in Elite shall not be responsible in any circumstances to the Customer or any third party for any loss of profit or indirect or consequential economic damage or loss, howsoever caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.
25.16.2. Nothing in the foregoing shall be read as restricting or limiting in any way Service Partner in Elite�s liability for death or personal injury.
25.17 Indemnity
The Customer shall indemnify Service Partner in Elite against any loss or damage which results from the Customer�s breach of this agreement or failure to abide by any of its terms.
25.18 Force Majeure
Neither Co-Party shall be liable for any delay or failure in performing its obligations or duties under this agreement which results from circumstances outside his reasonable control including but not limited to acts of God, industrial action, war, fire, threat of terrorism, civil disturbance or rioting, government or regulatory action, breakdown in plant or machinery or shortage of raw materials or supplies.
25.19 Warranty of Contractual Capacity
Both Co-Party�s and the signatories to this agreement warrant that they are authorised and permitted to enter into this agreement, and have obtained all necessary permissions and approvals.
25.20 Miscellaneous Provision
25.20.1. This document constitutes the entirety of the agreement between the Co-Party�s. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this agreement must be made in writing and signed by both Co-Party�s.
25.20.2. All clauses, sub clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this Agreement be found invalid this will not affect the validity or enforceability of any other provision or of this agreement as a whole.
25.20.3. All terms, conditions and covenants contained in this agreement shall bind the Co-Party�s and their heirs, legal representatives, successors to title and permitted assignees.
25.20.4. Nothing in these terms and conditions shall incur any rights on a third party and no third party may enforce any provision of this contract under the Contracts (Rights of Third Parties) Act.
25.20.5. The failure by either Co-Party to enforce any provision of this agreement shall not be deemed a waiver or limitation of that Co-Party�s right to subsequently compel and require strict compliance with every provision of this agreement.
Contact Us
If You have any questions about these Terms and Conditions, You can contact Us:
� By email: adbrovz@outlook.com
� By phone number: +91 8884745611