Terms and Conditions

Welcome to Pokkuvandi!

Terms and Conditions

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

YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between you ("you" or "your") and Pokkuvandi, a sole proprietorship company  incorporated with its registered office at Erode ("Pokkuvandi" "we," or "our") that governs your use of the search services offered by Pokkuvandi through its website www.pokkuvandi.com ("Website"), telephone search, SMS, WAP or any other medium using which Pokkuvandi may provide the search services (collectively "Platforms" ). When you access or use any of the Platforms you agree to be bound by these Terms and Conditions ("Terms").

CHANGES: We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.

HOW YOU MAY USE OUR MATERIALS: We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively "Materials") for the search services on the Platforms. We provide the Material through the Platforms FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.

While every attempt has been made to ascertain the authenticity of the Platforms content, Pokkuvandi is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to decisions based on the content in the Platforms which results in any loss of data, revenue, profits, property, infection by viruses etc.

Accordingly, you may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to Pokkuvandi.. You may not use the Platforms or any of them to compile a collection of listings, including a competing listing product or service. You may not use the Platforms or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by Pokkuvandi, its subsidiaries, parent companies, and/or any third party owner of such rights.

HOW YOU MAY USE OUR MARKS: The Pokkuvandi company names and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from Pokkuvandi or its wholly owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials on any of the Platforms must bear any copyright, trademark or other proprietary notice located on the respective Platforms that pertains to the material being copied. You are not authorized to use any Pokkuvandi name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Pokkuvandi. Requests for authorization should be made to pokkuvandiho@gmail.com

HOW WE MAY USE INFORMATION YOU PROVIDE TO US: Do not send us any confidential or proprietary information. Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and nonproprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.

REVIEWS, RATINGS & COMMENTS BY USERS:

Since, Pokkuvandi provides information directory services through various mediums (SMS, WAP, E-Mail, Website, APP and voice or phone), your ("Users") use any of the aforementioned medium to post Reviews, Ratings and Comments about the Pokkuvandi services and also about the Advertisers listed at Pokkuvandi is subject to additional terms and conditions as mentioned herein.

You are solely responsible for the content of any transmissions you make to the Site or any transmissions you make to any mediums offered by Pokkuvandi and any materials you add to the Site or add to any mediums offered by Pokkuvandi, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you(the "Communications"). Pokkuvandi does not endorse or accept any of your Communication as representative of their (Pokkuvandi) views. By transmitting any public Communication to the Site, you grant Pokkuvandi an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.

You confirm and warrant that you have the right to grant these rights to Pokkuvandi . You hereby waive and grant to Pokkuvandi all rights including intellectual property rights and also "moral rights" in your Communications, posted at Pokkuvandi through any of mediums of Pokkuvandi. Pokkuvandi is free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by your Friends tagged by you. Also Pokkuvandi reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.

Pokkuvandi has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. Pokkuvandi cannot review all Communications made on and through any of the mediums of Pokkuvandi. However, Pokkuvandi reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which Pokkuvandi in its sole discretion deems inappropriate, offensive or contrary to any Pokkuvandi policy, or that violate this terms:

Pokkuvandi reserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which

i.                is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;

ii.        constitutes or contains false or misleading indications of origin or statements of fact;

iii.        slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;

iv.        causes injury of any kind to any person or entity;

v.        infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;

vi.        violates any applicable laws, rules, or regulations;

vii.        contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

viii.        impersonates another person or entity, or that collects or uses any information about Site visitors.

It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then Pokkuvandi reserves right to take appropriate legal action against you. Further, you shall indemnify and protect Pokkuvandi against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments Pokkuvandi takes no responsibility and assumes no liability for any content posted by you or any third party on Pokkuvandi site or on any mediums of Pokkuvandi.

You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site or any of the mediums of Pokkuvandi.

PRIVACY POLICY:

Pokkuvandi is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the Website. To read our privacy policy statement regarding such personal information please refer PRIVACY POLICY

CONTENT DISCLAIMER:

Pokkuvandi communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. While every attempt has been made to ascertain the authenticity of the content on the Platforms Pokkuvandi has no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, and material on the Platforms may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platforms or any of them including but not limited to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc.

All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Platforms .

Pokkuvandi reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platforms. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.

All rights, title and interest including trademarks and copyrights in respect of the domain name and Platforms content hosted on the Platforms are reserved with Pokkuvandi. Users are permitted to read, print or download text, data and/or graphics from the Website or any other Platforms for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in the Platforms in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users.

Links to external Internet sites may be provided within the content on Website or other Platforms as a convenience to users. The listing of an external site does not imply endorsement of the site by Pokkuvandi or its affiliates. Pokkuvandi does not make any representations regarding the availability and performance of its Platforms or any of the external websites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Website or other Platforms, your browser automatically may direct you to a new browser window that is not hosted or controlled by Pokkuvandi.

Pokkuvandi and its affiliates are not responsible for the content, functionality, authenticity or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to any of our Platforms, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.

Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. We do not fully screen or investigate business listing websites before or after including them in directory listings that become part of the Materials on our Platforms, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.

All those sections in the Platforms that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and Pokkuvandi will at no point of time be responsible for the accuracy or correctness of such information. Pokkuvandi reserves the absolute right to accept/reject information from readers and/or advertisements from advertisers and impose/relax Platforms access rules and regulations for any user(s).

Pokkuvandi also reserves the right to impose/change the access regulations of the Platforms , whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Platforms.

While every attempt has been made to ascertain the authenticity of the content in the Platforms, Pokkuvandi is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses etc.

WARRANTY DISCLAIMER:

Please remember that any provider of goods or services is entitled to register with Pokkuvandi. Pokkuvandi does not examine whether the advertisers are good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. Pokkuvandi has also not negotiated or discussed any terms of engagement with any of the advertisers. The same should be done by you. Purchasing of goods or availing of services from advertisers shall be at your own risk.

We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms.

References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Platforms.

Any use of the Platforms, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. Pokkuvandi disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the search results in the Platforms.

THE MATERIAL AND THE PLATFORMS USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE ) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. POKKUVANDI DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND MATERIALS. POKKUVANDI DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

POKKUVANDI DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PLATFORMS SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.

Pokkuvandi strongly recommends to its users/callers to verify all relevant details of vendors/services prior to availing any products/services from them. Pokkuvandi does not implicitly or explicitly endorse any product/s or services provided by the vendors/service providers.

The "Pokkuvandi Guarantee" and "Pokkuvandis Right" is a limited assurance offered by Pokkuvandi that the name and contact information of the advertiser and the category in which the advertiser is listed by Pokkuvandi, have been verified as existing and correct at the time of the advertisers application to register with Pokkuvandi. Pokkuvandi makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the advertiser, or the quality, quantity, merchantability or fitness for use of the goods or services offered by the advertiser.

ADDITIONAL DISCLAIMER:

Users using any of Pokkuvandi service across the following mediums ie. through internet ie www.Pokkuvandi.com Website, Wapsite, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction ) with the Advertiser listed with Pokkuvandi.

All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and Pokkuvandi does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with Pokkuvandi .Further, Pokkuvandi is not at all responsible for any act of Advertiser/s listed at Pokkuvandi.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL POKKUVANDI BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USERS USE, MISUSE OR RELIANCE ON THE PLATFORMS FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF POKKUVANDI ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PLATFORMS, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PLATFORMS. POKKUVANDI DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE PLATFORMS.

THE USER OF THE PLATFORMS ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PLATFORMS AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

THIRD PARTY SITES:

Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through the Platforms, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Platforms. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, authenticity, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the use of the Platforms . We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Platforms.

MONITORING OF MATERIALS TRANSMITTED BY YOU: Changes may be periodically incorporated into the Platforms. Pokkuvandi may make improvements and/or changes in the products, services and/or programs described in these Platforms and the Materials at any time without notice. We are under no obligation to monitor the material residing on or transmitted to the Platforms . However, anyone using the Platforms agrees that Pokkuvandi may monitor the Platforms contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. Pokkuvandi reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platforms that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions. DELETIONS FROM SERVICE: Pokkuvandi will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. Pokkuvandi reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of Pokkuvandi, may be, defamatory, infringing or violate of applicable law. Pokkuvandi reserves the right to exclude Material from the Platforms. Materials submitted to Pokkuvandi for publication on the Platforms may be edited for length, clarity and/or consistency with Pokkuvandis editorial standards.

INDEMNIFICATION:

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

MISCELLANEOUS:

These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and Pokkuvandi. Pokkuvandi reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Pokkuvandi reserves the right to seek all remedies available at law and in equity for violations of these Terms.

Notices. All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice. All of your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address: Pokkuvandi registered office at ERODE.

Force Majeure. In no event shall we or any Distribution Site have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure. Indemnification. You agree to indemnify us and the Distribution Sites and hold us and the Distribution Site harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys fees) that may at any time be incurred by us or them arising out of or in connection with these Terms or any Advertising Products or services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features. Telephone Conversations. All telephone conversations between you and us about your advertising may be recorded and you hereby consent to such monitoring and recordation. Arbitration: Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996. a) All proceedings shall be conducted in English language. b) Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties. c) The venue of Arbitration shall be in Erode, India.

Entire Agreement. These Terms constitutes the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided in Section 1, these Terms may not be modified except by writing signed by you and us; provided, however, we may change these Terms from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Website.

In relation to any complaints or concerns, you can visit our online customer care page or email to us at "Pokkuvandiho@gmail.com" or call on our hotline No. 9363023675.

Terms for Digital Catalogue

1. INTRODUCTION

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

1.2 This Terms of Service is entered between Pokkuvandi Limited (hereinafter referred to “We”, “Our” or “Us”) and Vendors/Business entity (hereinafter referred to “You” or “Your”). You confirm that by applying, accepting, using our B2B Market Place Service (“Service”) indicates your acceptance of all the terms and conditions of this agreement, which has been clearly read, understood and accepted by you. We reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. Its your responsibility to review these Terms periodically for updates/ changes. Your continued use of our service following the posting of changes will mean that they have accepted and agreed to the revisions.

2. SERVICES: Pokkuvandi is launching new B2B market place service for your business and creating digital catalogue & website for your business so that it can help you to promote your products and services through Pokkuvandis portal so that the users can directly access your products & services and check out the products & services whenever they want to. This gives user the convenience and they can decide to buy your products & services when they feel the desire or the need. Therefore, this digital catalogue may help you to increase your business in an effective way.

3. FEE: Pokkuvandi may create digital catalogue for your business, free of cost as of now for your B2B Market Place service. However Pokkuvandi reserves the right, at its sole discretion, to determine the cost of its service as and when it requires.

4. YOURS REPRESENTAION, WARRANTIES & OBLIGATION:

4.1.1 you are a bona fide business organization carrying on business in relation to the itemsdisclosed in digital catalogue;

4.1.2 you have the rights to use the trademarks of business name, product images, and other details specified in digital catalogue;

4.1.3  the business carried on by you do not violate or infringe upon any law or regulation and all registrations, authorizations and /permission necessary approvals required for carrying on business have been procured by you; and

4.1.4 all information provided about yourself to Pokkuvandi is and shall at all times be accurate, valid and complete and you shall be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by you to us) to Pokkuvandi.

4.2 You acknowledge that you shall be solely responsible for all materials/information and its use of Pokkuvandi for creating for digital catalogue. You confirm that you are the absolute owner of product images, specifications, descriptions & other details for creating digital product catalogues and you have granted the unfettered right to use your business details, product images, specifications, descriptions & other details for creating digital product catalogues & website for your business. Your business details are visible on our portals. You agree that nothing in its materials/information of digital catalogue will be false, misleading, defamatory, harassing, or threatening, will constitute unfair competition or unfair commercial practice, will violate any applicable Law, or will infringe or misappropriate the Intellectual Property Rights of any third party. You are solely responsible for the activities of any contractor, representative, or any of its agents or other persons acting on your behalf in connection with this term. You will ensure that you shall comply with all applicable Law, including Law related to data protection and privacy

4.3 You acknowledge & accept that it is your responsibility to update information pertaining to your business, products/services using the online edit option available in your listing and keep Pokkuvandi updated in this regard. In the event the relevant information is not updated accurately, you would, by default, be bound by the explanation or description of the product/service or any other details of your business communicated by Pokkuvandi to the Users or any other third party.

4.4 You undertake to provide a copy of the licenses/ registrations or any other documents including but not limited to valid Identity cum address proofs, as required by you to run the business.

4.5 You acknowledge that Pokkuvandi is basically a local search proving directory service and do not seek any fulfilment of the product / services delivered or not, and it is your responsibility to deliver the goods & services. You acknowledge that we are not responsible for the goods or services, or any dispute between you & end users. It is your responsibility to resolve any dispute or claim raised by end users. In case of any disputes you shall hold Pokkuvandi saved and harmless from any such actions or claims that may be initiated against it. You shall also indemnify and hold indemnified Pokkuvandi at all times against all such actions and claims

4.6 You hereby undertake that during the term, you will not directly or indirectly mis-utilize, cheat, solicit, or usurp or attempt to solicit, divert, authorize any third party to generate automated, fraudulent or otherwise invalid enquiries, clicks or conversions, ratings, reviews, or solicit any users of Pokkuvandi by means of providing discounts, gift coupons, or use any automated means or form of scraping or data extraction to access, query or otherwise collect listing service related information; or misuse Pokkuvandis portals in any manner whatsoever. Any such conduct will lead to an immediate action and Pokkuvandi at its discretion will initiate proceedings against you before appropriate forum.

4.7 It is your sole responsibility to keep the id/password/login id safely so that no one can misuse it and do the changes in the listing visible on Pokkuvandi portals to cause any wrongful harm to Pokkuvandi or its users. You represent that in event the loss is caused due to your negligence, then you will bear the entire loss and Pokkuvandi shall not be responsible for the same.

4.8 The content is protected by copyright, trademark and other intellectual property rights, as applicable. You must not and must not permit anyone else to copy, store, adapt, modify, transmit the Content, or to distribute the Contents of digital catalogue available on our portal.

4.9 You are solely responsible for any transactions of any kind entered into between you and third parties accessing or acting in reliance on the Service. You must ensure that you shall comply with all consumers and other legislation, instructions or guidelines issued by regulatory authorities, relevant licences and any other codes of practice which apply to you.

4.10 You are responsible for the security and proper use of all user identities in connection with the Service and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.

4.11 You must immediately inform us if there is any reason to believe that a user ID or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way. We reserves the right to suspend user ID and password access to the Service if at any time we consider that there is or is likely to be a breach of security.

5. POKKUVANDIS OBLIGATIONS:

5.1 Pokkuvandi reserves the right to vary the contents of digital catalogue from time to time by adding, removing or modifying content as Pokkuvandi thinks fit, and does not guarantee or warrant that any particular item or items of content will be available at any given time.

5.2 The digital catalogue is protected under the intellectual property rights, as applicable. You must not permit anyone else to copy, store, adapt, modify, transmit the digital catalogue, or to distribute the digital catalogue to third parties, without written permission from Pokkuvandi.

5.3  You must ensure that you shall comply with all consumers and other legislation, instructions or guidelines issued by regulatory authorities, relevant licences and any other codes of practice which apply to you.

5.4 We will provide you with the Service as per the terms of this agreement and with the reasonable skill and care of a competent service provider. We will use reasonable endeavours to provide uninterrupted Service, but from time to time faults may occur, which we will repair as soon as reasonably practicable, but occasionally for operational reasons change the technical specification of the Service or for any other reason beyond our reasonable control suspend the Service for operational reasons such as repair, maintenance or improvement of the Service or because of an emergency. Service will be restored as soon as possible.

6. DISCLAIMER & LIMITATION OF LIABILITY:

6.1 To the fullest extent permitted by law, Pokkuvandi disclaims all warranties, express or implied, including without limitation for non-infringement, merchantability, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, Pokkuvandi disclaims all guarantees 4 regarding the services and digital catalogue. You understand that there may be errors in the services. Pokkuvandi will not be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose or of any remedy except for your indemnification obligation. Pokkuvandi is also not liable for any claim owing to any misrepresentation of the information pertaining to you so long as the information exhibited/ communicated by Pokkuvandi conforms to the Information made available by you or any person on your behalf

6.2 Once the Digital Catalogue contents/materials are approved by you or any person on your behalf, Pokkuvandi does not warrant or guarantee the accuracy or completeness of any of the Catalogue Content or any further information or results which may be derived from you. You acknowledge that it is your responsibility to evaluate the accuracy and completeness of the Catalogue Content. In particular you acknowledge that Pokkuvandi is not entitled to rely on any contents/materials of Digital Catalogue of your business as approved by you and that the use of the Catalogue Content for any purpose is at your sole risk.

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

7.1 Breach of any provision of this Terms or non-performance of any of its obligations;

7.2 By reason of any infringement of any intellectual property rights;

7.3 Any representation and warranty given by You to Pokkuvandi under this Terms being found to be untrue, false or incorrect; or

7.4 Anything done or omitted to be done by you due to its negligence, default or misconduct of you or any of your officers, directors, employees or agents

7.5 Any third party claims

8. OWNERSHIP: The ownership of the product images, specifications, descriptions & other details of digital catalogue shall be vested with you. However the ownership of digital catalogue shall be vested with us. Ownership of the Product(s) excluding the software will pass to you. The Product(s) will appear in in the name of your business. In the event of threatened seizure of the Product(s) or any other restrictions, you will immediately notify us and we may take appropriate action in this regard

9. INTELLECTUAL PROPERTY RIGHTS: All intellectual property rights in:

9.1 Pokkuvandi Brands.

9.2 digital catalogue belong exclusively to Pokkuvandi. Nothing in this Terms of Use is intended to grant any rights or license to you under any work right, copyright, trade secret, trademark or service mark, or other intellectual property right of Pokkuvandi. You shall not have any right to use or reproduce in any manner any intellectual property owned by Pokkuvandi, including any trademarks, trade names, logos etc.

10. TERMS & TERMINATION: If you breach any conditions of the Terms or Pokkuvandi receives any complaints against you from any one or for any other reasons, Pokkuvandi shall have right to terminate this agreement forthwith and you shall immediately stop using our service. In addition to the termination, Pokkuvandi also reserves the right to initiate appropriate legal proceedings in the event of any material breach of the terms & conditions as stipulated herein.

11. FORCE MAJEURE: If either of the party is unable to perform any obligation under this contract because of any event beyond the partys reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, epidemic or pandemic (whether or not involving employees of either party) or acts of local or central government or other competent authorities. Neither Party shall be liable for breach of this Agreement to the extent caused by or arising from any force majeure event beyond the control of such Party. If Pokkuvandi is prevented by restrictions of a legal or regulatory nature from supplying the Service, Pokkuvandi will have no liability to you for failure to provide the Service

12. DISPUTES RESOLUTION: If any dispute/difference arises between the parties about these Terms then the Parties shall meet to discuss the matter and shall negotiate in good faith to resolve the matter. However if such matter remains unresolved within 60 days from the date of dispute intimated to other party in writing thereafter the matter shall be referred to the sole arbitrator appointed by Pokkuvandi at its discretion. The Arbitration and Conciliation Act, 1996 shall govern the arbitration proceedings and the place of Arbitration shall be Erode. Language of Arbitration shall be English. Cost of Arbitration shall be borne in equal proportion by the Parties. Attorney costs shall be borne individually by each Party. The Arbitration award shall be final and binding upon the Parties.

13. HELP DESK: For approval of any data, image of your products or digital catalogue, you can email to us at Pokkuvandiho@gmail.com. For any complaints or grievances with regard to contents and or comment or breach of these terms, you can email to us at Pokkuvandiho@gmail.com, with brief details of your complaint or call on our hotline No. 9363023675. Our customer service executives will acknowledge and redress your complaint on best effort basis and as per applicable Terms of Service.

14. RELATIONSHIP: The relationship of the Parties is on a "principal to principal" basis and the Parties are independent of each other and nothing contained herein is intended to or shall be deemed to create with limitation any partnership, joint venture, employment or relationship of principal and agent between the Parties hereto or between You and Pokkuvandi or to provide either of the Parties with any right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party.

15. SURVIVAL of INFORMATION: The terms and provisions of this agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this agreement.

16. NOTICES: All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the registered office addresses. Notices may also be sent through emails, 6 however, such emails must be followed up with a physical notice at the above mentioned address within a period of ten (10) days.

17. WAIVER: Unless otherwise expressly stated, the failure to exercise or delay in exercising a right or remedy under this Terms shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Terms shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

18. GOVERNING LAW AND JURISDICTION: This Terms of Service shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Erode, India.

19. ASSIGNMENTS: You shall not assign, in whole or in part, the benefits or obligations of this Terms of Service unless otherwise mutually agreed in writing.

Terms of use for UPI-Payments

Pokkuvandi allows to users for make product/service payments to Pokkuvandi by using Bank payment and UPI payments.

These terms and conditions shall be in addition to Banks Privacy Policy and Pokkuvandis Privacy Policy and other applicable policy available at Pokkuvandi portal.

To read Bank Privacy policy, 

The user of this Bank UPI facility (the User) should have his mobile number registered with the Bank and should have existing relationship with his/her Bank for availing this Facility/Service, using Bank UPI facility. The Facility/Service shall be made available only to the User satisfying the eligibility criteria and shall be provided at the sole discretion of Bank and may be discontinued by Bank at any time without notice.

The User shall be solely responsible and liable:

For the accuracy of any personal or other information provided for availing this Facility/Service.

For Pay or Collect requests initiated through Bank UPI facility.

To comply with the applicable laws, rules and regulations governing such funds transfers as stipulated by the Reserve Bank of India, from time to time.

For all loss, cost and damage, if he/she has breached the terms and conditions contained herein and in the Bank Mobile Banking Policy.

Bank and Pokkuvandi shall not be held responsible and liable for any loss, cost and damage suffered by the User due to disclosure of his personal or other information to a third party including but not limited to statutory/regulatory authority by

Bank for whatsoever reason e.g. participation in any telecommunication or electronic clearing network in compliance with a legal or regulatory directive for statistical analysis or for credit rating or for any legal or regulatory compliance.

This services are provided on an "as is, "as available" basis without any representations or warranties. Pokkuvandi do not represent or warrant that the services will be available, accessible, uninterrupted, timely, secure, accurate, complete, or entirely error -free.

For any concerns for any queries in relation to UPI services please email us at Pokkuvandiho@gmail.com or call us at +91 – 9363023675

UPI Detail - Bank Accounts

All bank accounts mapped with your UPI ID are listed in this section. Click on individual accounts provides you option to perform many tasks:

a.                   Check balance : Bank balance is displayed to user by entering MPIN set for the selected bank account. On correct MPIN entered balance amount from account is fetched and is displayed to user. Please go to contextual menu -> UPI -> Bank Account -> Request for balance

b.      Check Bank Details : User can check details of the bank account in this section like Bank IFSC, Type of account, Bank Name & Masked Account Number. Status of MPIN set and option to set the account as Default is given (If account is not set as default already)
Please go to contextual menu -> UPI -> Bank Account

c.       Set/Reset MPIN : On clicking option to Set/Reset MPIN, user can reset or set new MPIN against the bank account. MPIN is used for all bank related transactions. User needs to enter last 6 digits of Debit Card of the bank account, Expiry Date. User gets option to change MPIN by entering OTP which is received on bank registered mobile number and New MPIN. Please go to contextual menu -> UPI -> Bank Account -> Set/Reset MPIN

d.      Change MPIN : On clicking option to Change MPIN, user can change existing MPIN set against the bank account. MPIN is used for all bank related transactions. User needs to enter last 6 digits of Debit Card of the bank account, Expiry Date. User gets option to change MPIN by entering Existing MOIN, OTP which is received in SMS on bank registered mobile number and New MPIN.
Please go to contextual menu -> UPI -> Bank Account -> Change MPIN

e.       Set Account as Default : In case of multiple bank accounts mapped, any one account can be set as default. Default account is used by default for Payment or receiving amount from UPI ID. Please go to contextual menu -> UPI -> Bank Account -> Change Set Account as Default

f.       Unlink Bank Account : User can unlick any bank account mapped with UPI ID. Once unlinked, user will not be able to make further transactions using this bank on Pokkuvandi UPI ID. It does not affect the bank account or make any changes to other UPI IDs, if same account is mapped. Please go to contextual menu -> UPI -> Bank Account -> Unlink

How do I register with BHIM UPI

Pokkuvandi gives option to register on BHIM UPI. User can install Pokkuvandi app on Android/iOS devices.

a.                   User registers and logs in the app.

b.      User gets option to Register UPI in sidebar.

c.       SMS is sent from users device for validating the number at Bank.

d.      User gets list of UPI Enabled Banks.

e.       User selects bank where bank account(s) are associated with the logged in mobile number of the device.

f.       User selected an account and confirm on registration.

g.      Users UPI ID is created with Pokkuvandi handle

User can share this UPI ID with anyone for receiving requests for payments. Please go to contextual menu -> UPI -> Register UPI

Terms for Reseller / Service Provider

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of Pokkuvandis service via Pokkuvandis Portal. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.

This Reseller/Service Provier Terms ("Contract") is entered between Pokkuvandi Limited, a Company located at Erode (Tamilnadu), India ("Pokkuvandi") and You, (hereinafter referred to as "You" or "Reseller" or “Service Provider”). You confirm that by providing the Reseller/Service Provider Services you indicate your acceptance of all terms and conditions of this Contract that are binding, the terms has been clearly read, understood and accepted by you. We reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. Its your responsibility to review these Terms periodically for updates/ changes. Your continuation of services following the posting of changes will mean that they have accepted and agreed to the revisions.

1. DEFINITIONS:

(i) Reseller/Service Provider - means any business entities, adult individuals, professionals who have paid registration fees and have agreed to perform the Reseller/Service Provider services on the terms as specified in this Reseller/Service Provider Contract.

 (iii) Referrer - shall mean a non-defaulter person having valid and active id in his/her name, has referred another adult individual to become a Reseller on the terms specified under this Contract.

(iv) Vendor - shall means any business entities, adult individuals, professionals or any service providers/product sellers to whom Reseller has explained the Terms of Services as available https://www.Pokkuvandi.com/  and that business person after knowing the Terms of Services has shown interest in availing services from Pokkuvandi.

(v) Paid Services - means Listing services or any other services offered by Pokkuvandi are subscribed by the Vendors by making the requisite payment for services to Pokkuvandi, after having the complete understanding of Terms of Service available at https://www.Pokkuvandi.com/  from the Reseller/Service Provider.

(vi) Contract Value means the complete payment made by the Vendor which is received by Pokkuvandi in its bank account, before the activation of the services by Pokkuvandi.

(vii) Vendors Data shall mean any Vendors Business details such as the business name, contact person, address, telephone number, mobile number, toll free number, email id, website, facsimile number, categories of service or products, any documents such as id address proof, categories, pin codes etc. made available by the Vendor to Pokkuvandi through Reseller are validated/verified as correct, genuine and existing by the Reseller.

(viii) Duplicate Contract shall mean the contract of those Vendors/Business entities who is availing paid services from Pokkuvandi or has taken paid services during last 60 (Sixty) days.

 (x) Confidential Information means all information including but not limited to information disclosed to the Reseller/Service Provider by Pokkuvandi or Vendor, and any such information that the Reseller has access to, or comes into possession of during the term of this Contract. Confidential information would include, but not be limited to information available on the Pokkuvandis proprietary database software application, the database of names and addresses and other directory information compiled by Pokkuvandi at significant cost and effort, the method of categorizing of directory data adopted by Pokkuvandi, the personal or any information of Vendors, personal / business data and information including but not limited to the IDs and passwords made available to the Reseller/Service Provider by Pokkuvandi to access the proprietary software of Pokkuvandi, the data available to the Reseller/Service Provider through the proprietary software of Pokkuvandi, the information regarding potential Vendors, business plans of Pokkuvandi, bank account/financial details, discoveries, ideas, concepts, know-how (whether patentable or copyrightable or not), research, development, designs, drawings, blueprints, diagrams, models, samples, flow charts, data including Customer data, computer programs, disks, diskettes, tapes, algorithms, software programs, marketing plans or techniques, technical, pricing, financial, or business information" trade secrets which includes but is not restricted to any portion or scientific or technical or proprietary information, design, process, procedure, formula or improvement which is not generally available to the public and any other information, which by its nature and circumstance of its disclosure has the right to be treated as Confidential.

(xi) Membership ID means the unique digit number allocated by Pokkuvandi to the Reseller/Service Provider which the Reseller shall quote in all correspondence with the Pokkuvandi.

(xii) Source - shall mean the means source based on which the Vendors data is collected, edited and uploaded by Reseller/Service Provider of Pokkuvandi.

2. SERVICES

Reseller/Service Provider shall be responsible for providing services including but not limited to marketing, promoting and selling various services/products offered by Pokkuvandi from time to time using pokkuvandi website / mobile application. Reseller shall be responsible for presenting, promoting and selling products/services to prospective customers and giving them the cost-benefit and needs analysis and maintain good business relationship with the Vendors all the time.

3. ELIGIBILITY CRITERIA

i. At the time of entering into this Contract, you must be at least 18 years of age and should be able to provide your own id/address proof and other documents as requested by Pokkuvandi from time to time. Your account registration requires you to submit to Pokkuvandi certain personal information, such as, (i) your personal details (i.e. Name, Current Address, Permanent Address, mobile phone number and age etc (ii) Address cum Identification Proof (i.e. KYC documents) and (v) Bank Details or any other documents as an when requested by Pokkuvandi. For the purpose of clarity, KYC documents include, (1) the passport; (2) the driving licence; (3) Voters Identity Card issued by the Election Commission of India; (4) Copy of Aadhar Cards; (5) Job card issued by NREGA duly signed by an officer of the State Government; (6) letter issued by the National Population Register containing details of name and address; along with PAN Card.

(ii) You hereby confirm that you can form legally binding contracts under Indian Contract Act, 1872. You are not "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc.

4. REGISTERTATION FORMALITIES

a. You for purposes of registering with Pokkuvandi, has to create login id visiting the signup on Pokkuvandi App in the section of Create New User Account Page and for register the services to visit the Create Registration Page.

b. You shall be responsible for adding the correct referrer details. If Reseller has added incorrect referrer details or missed/skip to add the referrer details then Reseller/Service Provider cannot add/amend or modify at later stage and the Referrer will not get the due credit/commission (if any) for referring you as Reseller/Service Provider to Pokkuvandi.

c. In the signup process Reseller/Service Provider will provide his/her correct mobile no, email id and documents such as id, address proof and other documents as requested by Pokkuvandi from time to time.

d. Reseller/Service Provider shall pay one time Registration Fees as communicated to the Reseller/Service Provider. On the receipt of Registration Fees, Pokkuvandi will issue an invoice and send it to Reseller/Service Provider on its registered email id and mobile no.

e. Reseller/Service Provider agrees that a registration fee is a conditional refundable fees for enrolling himself/herself as Reseller with Pokkuvandi. This registration charges will be refundable on pro-rata basis only after completion of minimum 1 (one) year duration, subject to non-receipt of complaints or service related or other issues against Reseller/Service Provider. In the event of any service related issue or any complaint against reseller the refund will be on pro-rata basis which will be equally divided in 5 (five) years. Reseller agrees that he/she will be entitle to receive refund on pro-rata basis for each uncompleted year of services after the Contract is terminated by him/her as specified in Clause 12 (ii). However, Reseller/Service Provider will not be entitled to receive any refund for partially completed year of services.

f. On completion of registration formalities and receipt of registration fees from Reseller/Service Provider, Pokkuvandi will send login details such as user id password and other details for accessing and using Website/Mobile Application to your registered email id.

g. You agree to maintain accurate, complete, and up-to-date information in your Account at all times and you acknowledge that failure to do so shall result in your access to the Services being suspended without notice to you.

h. No person other than yourself has the right to access your account. You agree and acknowledge that you will not allow any other person to access your account and that you will not share your login credentials (i.e. your user name and password) with any other person. If it is reasonably suspected by Pokkuvandi that login credentials have been compromised by reseller or allowed a person other than yourself to access and use your Account, your access to the Account will be suspended without notice to you. In cases where it is established that you have allowed a person other than yourself to access and use your Account these Terms will stand terminated and your access to the Services will be permanently revoked without notice to you.

i. You may only possess one Account. If it is found that you possess multiple Accounts on the Pokkuvandi-s Platform, your access to all Accounts on Pokkuvandi-s Platform will be permanently revoked without notice.

j. You hereby expressly acknowledge and agree that you and not Pokkuvandi will be liable for your losses and damages (whether direct or indirect) caused an unauthorised use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Pokkuvandi or others due to such unauthorised use of service.

k. You shall be obligated to provide necessary documents/information as requested by Pokkuvandi from time to time.

5. RESELLER-S/SERVICE PROVIER-S RESPONSIBILITIES

(i) The Reseller/Service Provider shall discharge the following responsibilities with complete skill and diligence. The Reseller/Service Provider shall at all time work diligently to promote the products and services offered by Pokkuvandi and protect the interests of Pokkuvandi.

(ii) Reseller/Service Provider shall take proper training as updated in the Mobile Application and Pokkuvandi website and as provided by Pokkuvandi from time to time.

(iii) Reseller/Service Provider confirms that he/she will meet the Vendor (owner of the business/listing) at the address given in the listing and will ensure that the details/documents provided by the Vendor are correctly captured in the Mobile Application.

(iv) Reseller/Service Provider confirms that the Vendors Data and its source is validated/verified and always be correct and complete in every manner and it will be correctly uploaded in the Mobile Application of the Company. Reseller/Service Provider undertakes that he/she should not submit any incorrect information or unverified documents in the Mobile Application of the Company.

(v) The Reseller/Service Provider shall market Pokkuvandi Services and enlist Vendors, for the products/services as made available by Pokkuvandi or as instructed by Pokkuvandi from time to time.

(vi) Reseller/Service Provider shall ensure that the list of documents, including relevant documents (related to id, address, business proofs etc).and clear visible geo-coded photo of the vendor and its business establishment,) and Contract Value as provided in Mobile Application is collected by Reseller.

(vii) The Reseller/Service Provider shall be responsible to ensure that the prescribed Vendors documentation is duly completed in all respects and uploaded in the in the Mobile Application of the Company. Also, applicable terms and conditions available at https://www.Pokkuvandi.com/Terms-of-Use are explained in the vernacular language to the Vendor. Reseller on receiving the payment from Vendor (or other means as prescribed by Pokkuvandi) confirms that he/she has collected relevant documents, verified it as existing & correct and has also explained the applicable terms and conditions, which is accepted by Vendor without any demur and protest. The Reseller/Service Provider shall not be eligible for any commission on any Paid Services wherein the Reseller has not fulfilled the terms as mentioned in this Contract, irrespective whether Pokkuvandi is providing any product or services to that Vendor or not.

(viii) The Reseller/Service Provider understands and agrees that Pokkuvandi has the sole discretion to provide Services to Vendors and has the liberty to refuse any Paid Services to Vendors entered by the Reseller/Service Provider which are not as per applicable terms and conditions of the Contract.

(ix) Reseller/Service Provider confirms that subject to compliance of other terms, he/she will be eligible for payment of commission on Paid Contact only when the contract value is received from the Vendor and has been realized/encashed by Pokkuvandi.

(x) The Reseller/Service Provider shall be solely responsible at its own cost for obtaining all necessary approvals, sanctions, permissions and licenses for providing the Service, under these Terms, from Municipal, Local or Government Authority or any other Authority/party as may be required from time to time.

(xi) Reseller/Service Provider shall always quote the Resellers Membership Id when logging in and/or submitting the details related to Vendors Paid Services to Pokkuvandi and in all other correspondence with Pokkuvandi.

(xii) If Reseller/Service Provider has any doubt with respect to Resellers obligations under this Contract and the manner to discharge the said obligations, or related to Reseller program, training module, earning process, applicable terms and conditions to Reseller and to the Vendors, then Reseller shall have the duty to get the clarifications from Pokkuvandis authorized representative in respect of such doubts by sending email at helpdesk@Pokkuvandi.com and giving the Membership Id and other necessary details necessary for indentifying the queries raised by Reseller/Service Provider.

(xiii) It shall be the responsibility of Reseller/Service Provider to keep confidential the Membership Id and the username and password provided to Reseller/Service Provider by Pokkuvandi for accessing the Mobile Application. Reseller/Service Provider shall immediately inform Pokkuvandi of any breach of this sub clause. Pokkuvandi may, in its sole discretion, terminate this Contract for any breach of this sub clause and also claim damages for any losses which Pokkuvandi might have incurred due to the misuse and/or breach of the Link.

(xiv) Reseller/Service Provider shall adhere strictly to the representations and warranties and obligations of non-compete, confidentiality and intellectual property as prescribed under this Contract.

(xv) Reseller/Service Provider hereby confirms that any dispute which arises between the parties in relation to the Vendors data, terms of this Contract and any other matters, Pokkuvandis decision will be final and binding on Reseller/Service Provider.

(xvi) Reseller/Service Provider confirms that the data and information captured by Mobile Application shall prevail and be binding on You at all times.

(xvii) Reseller/Service Provider undertakes not to cause or permit anything which may damage or endanger the Intellectual Property Rights or title or assist or allow others to do so. Reseller/Service Provider undertakes to take such reasonable action as Pokkuvandi may direct in relation to such infringement.

(xviii) Reseller/Service Provider undertakes to compensate Pokkuvandi for any use of the Intellectual Property Rights and/or to indemnify Pokkuvandi for any liability incurred to third parties for any use of the Intellectual Property Rights, otherwise than in accordance with this Contract.

(xix) Reseller/Service Provider undertakes, on the expiry or termination of this Contract forthwith, not to use the Intellectual Property Rights or access/use Mobile Application of Pokkuvandi.

(xx) Reseller/Service Provider acknowledges that any goodwill or reputation for the Service or Vendor Data generated by the Reseller/Service Provider under this Contract will belong to Pokkuvandi and upon termination of this Contract for whatever reason the Reseller/Service Provider shall not be entitled to claim any compensation, in any manner whatsoever.

(xxi) Reseller/Service Provider not cause to be done any act/representation/omissions which results to loss of goodwill and damage to the reputation to Pokkuvandi.

(xxii) Reseller/Service Provider agrees not to (directly or indirectly) (i) access, monitor or copy any content or information of Pokkuvandi using any robot, spider, scraper or other automated means or any manual process for any purpose; (ii) violate the restrictions in any robot exclusion headers on Pokkuvandi or bypass or circumvent other measures employed to prevent or limit access to Pokkuvandi.

(xxiii) Reseller/Service Provider has obtained all licenses, clearances, permissions, approvals or consents from any third party or any regulatory or government body which are required by applicable law or regulations, to execute the business/services of this Contract

(xxiv) Reseller/Service Provider shall be solely responsible for the all the costs related to registrations, licenses and other costs related to compliance directions / orders, guidelines / formalities issued by DOT and Telecom Service Providers related to the responsibility of the Reseller/Service Provider and Reseller/Service Provider shall also be responsible for the payment of penalties, charges and compensations imposed by DoT, Service Provider or any competent authority or courts for non compliance of the said directions / orders, guidelines / formalities as stated in clause and shall have no recourse against the Pokkuvandi for the same.

(xxv) Reseller/Service Provider shall be solely liable for all acts and omissions of Resellers personnel, whether employees, consultants, agents, subcontractors or otherwise, and whether or not engaged by the Reseller/Service Provider in violation of these Terms.

(xxvi) The Reseller/Service Provider shall carry out all directions and instructions as Pokkuvandi may issue from time to time.

(xxvii) The Reseller/Service Provider shall not give any warranty to the Vendor in respect of any of the Services without the written authority of Pokkuvandi.

(xxviii) Reseller/Service Provider agrees that it will not sell, license, lease, rent, transmit, or otherwise distribute or transfer any Vendors data/information in any manner to third parties, save as is expressly permitted otherwise in this Contract.

(xxix) Unless otherwise provided in this Contract, during the term of this Contract Reseller shall establish and maintain safeguards against the destruction, loss or alteration of Data/information in its possession and Reseller will ensure that it will take all reasonable security practices to avoid any cyber-attacks. Reseller will neither transmit nor send Data nor will it allow Data/information to be accessed by third party.

(xxx) All Data provided by the Reseller is and will remain the property of the Pokkuvandi. Pokkuvandi will have all right, title and interest, including ownership of the said data, and all copies made from it. Except as set forth herein, without Pokkuvandis approval (in its sole discretion), Data shall not be (i) used by Reseller or its agents other than in connection with providing the Services, (ii) disclosed, sold, assigned, leased or otherwise provided to third parties by Reseller or its agents or (iii) commercially exploited by or on behalf of Reseller.

(xxxi) Reseller/Service Provider shall promptly correct any errors or inaccuracies in the Vendors Data to the extent such errors or inaccuracies were caused by Reseller.

(xxxii) Reseller/Service Provider confirms that Pokkuvandi do not provide any business/income guarantee to Vendor or to Reseller/Service Provider in any manner.

(xxxiii) Reseller/Service Provider will not "cyber-squat" over and/or otherwise compete with Pokkuvandis Keywords including but not limited to Pokkuvandi, Pokkuvandi.com, Pokkuvandi services, thereof on Google Ad words or other media (online or offline) in any manner whatsoever.

6. Data Verification

a. Reseller/Service Provider shall conduct independent verification, by contacting the Vendors or any third party, to verify the correctness and accuracy of Vendors Data/documents before entering any information/data in the Mobile Application.

b. The Reseller/Service Provider shall be responsible to ensure that the prescribed documentation is duly completed in all respects and Contract Value is collected from Vendor for providing Paid Services,, after explaining them about the applicable terms and conditions of the services as available on https://www.Pokkuvandi.com/Terms-of-Use including but not limited to ECS process, Duration, listing features, no business guarantee etc..

c. The Reseller/Service Provider shall not be eligible for commission on any Duplicate Contract and any on Paid Services wherein the Reseller/Service Provider has not obtained duly verified and necessary documentation outlined above, even if Pokkuvandi opts to supply the Services to the Vendor.

d. Pokkuvandi may conduct the audit/verification on the Vendors data submitted by Reseller/Service Provider from time to time and if Reseller/Service Provider fails in the Audit/verification process then Pokkuvandi reserves the right to forthwith terminate this Contract with Reseller/Service Provider.

e. Reseller/Service Provider shall be obligated to collect Vendors documents or carry out any other verification by contacting Vendors, as communicated by Pokkuvandi from time to time.

f. Pokkuvandi may in its sole discretion impose upon Reseller/Service Provider any amount of penalty for any non-compliance of any terms of this Contract.

7. Commission

a. Pokkuvandi shall pay the commission on the Contract Value /Registration Fees as communicated to Reseller/Service Provider /Sub-Reseller via Mobile Application or in email or through any other mode from time to time subject to the complete compliance by Reseller/Service Provider of the terms and conditions stipulated under this Contract.

b. Reseller/Service Provider shall be entitled to receive commission only if the entire contract value/ Registration Fee are received by Pokkuvandi in its bank account and no chargeback or refund request is received by Pokkuvandi at any point in time. In the event if any chargeback or refund request is received by Pokkuvandi then Reseller/Sub-Reseller shall not be entitled to receive any commission. However, if any chargeback or refund request is received after the commission is transferred to Reseller/Sub-Reseller, then Pokkuvandi will have full right and absolute discretion to deduct or recover the commission amount paid by Pokkuvandi to Reseller/Service Provider /Sub-Reseller.

c. Reseller/Service Provider agrees that for the purposes of calculation of commission, the taxes and other cost will be excluded from the Contract Value/Registration Fees.

d. Reseller/Service Provider agrees that Pokkuvandi has exclusive right to decide fees/commission percentage or registration fees from time to time and it may be changed at any time by sending a communication to Reseller/Service Provider.

e. All payments to the Reseller/Service Provider, Sub-Reseller, shall be subject to deduction of taxes at source or other applicable taxes and charges. Payments to Reseller/Service Provider are inclusive of all taxes, duties and charges. Each party shall be responsible for it own applicable taxes.

f. Pokkuvandi shall make the monthly payment of undisputed commission (as calculated and shown in Mobile Application) to the Reseller/Service Provider which may be subject to completion of the verification/Audit process by Pokkuvandi. In the event of any dispute in relation to commission, then Reseller/Service Provider shall escalate to Pokkuvandi within 2 (two) days of the receipt of monthly commission from Pokkuvandi. In the event of Reseller/Service Provider has not raised any dispute within 2 (two) days then the commission related dispute will not be entertained by Pokkuvandi in any manner.

g. Notwithstanding the above provisions, Pokkuvandi may at any time recover the Commission or any other sums paid to Reseller/Service Provider if it comes to the knowledge of Pokkuvandi that the Vendors Data is incorrect or not verified. Pokkuvandi may recover the Commission and other sums by either deducting the sums from any dues payable to the Reseller subsequently or such other means it deems fit.

8. REPRESENTATION AND WARRANTIES

a. Reseller/Service Provider represents and warrants that Reseller shall perform the Services with professional skill and diligence.

b. It has all requisite power and authority to execute, deliver and perform its obligations under this Contract and has been fully authorized by all requisite corporate actions to do so.

c. It shall comply at all times, with all laws, industry codes, applicable standards or other regulations or directions issued under the law time being in force And as amended. It shall comply with such provisions of Information Technology Act 2000 as amended by the Information Technology (Amendment) Act 2008 and rules and regulations made thereunder.

d. Reseller/Service Provider is adequately equipped and competent to provide the Services in a professional and efficient manner.

9. CONFIDENTIALITY:

a. Reseller/Service Provider shall ensure that any information shared by Pokkuvandi, irrespective of whether such information pertains to Pokkuvandi or any third party, under this Contract shall be kept confidential at all times. Without limitation, confidential information shall include the terms of this Contract, Access, contents of the Database to which Reseller may have access while entering Vendors Data in the Mobile Application, the guidelines annexed thereto. Reseller as per the requirements of Pokkuvandi will either destroy or return all the confidential information to Pokkuvandi within 30 (Thirty) days from the expiry or the early termination of this Contract. The obligations contained in this shall survive the termination of this Contract.

b. In the event Reseller discovers a breach or potential breach in security relating to Data or unauthorized possession, use or knowledge, or attempt thereof, of Data, Reseller shall immediately (1) notify the affected Pokkuvandi and furnish to the Pokkuvandi the details of the security breach or unauthorized possession, use or knowledge, or attempt thereof, of Data; (2) assist Pokkuvandi in investigating, curing, or preventing the recurrence of any security breach or unauthorized possession, use or knowledge, or attempt thereof, of Data; (3) cooperate with Pokkuvandi in any litigation and investigation against third parties deemed necessary by Pokkuvandi to protect its rights; and (4) provide the assurance satisfactory to that such breach or potential breach will not recur.

10. NON-COMPETE

The Reseller/Service Provider shall not, during the term of these Terms and for Five (05) years thereafter, in India or outside India, solicit Vendors for identical or similar Services as Pokkuvandis Services, or shall not directly or indirectly, including through their Affiliates or employees, render services to any person who conduct a business or carrys on a business similar to the business of Pokkuvandi, or during the term of this Contract and for 5 (five) years thereafter the Reseller shall not, by himself or in association with others, directly or indirectly, commence or conduct or carry on any business that competes with the business of Pokkuvandi. The Reseller/Service Provider shall be deemed to have violated its obligations hereunder if any of its agent, associate, partner or any, director, shareholder, officer, employee of the Reseller violates this provision. The Parties agree that in the event that this provision is found to be invalid or unenforceable by any arbitrator or any court of competent jurisdiction, the obligation under this clause shall be enforceable for such a period that is found to be legally valid and acceptable.

11. No representations

The Reseller/Service Provider shall not give any warranty/guarantee to the Vendor in respect of any of the Listing or other Services without the written approval received from Pokkuvandi.

12. Term, Renewal and Termination

i) Effective Date: These Terms shall be effective from the date on which signup process is initiated by Reseller on Mobile Application (the "Effective Date").

ii) Term: The term of this Contract shall commence from the effective date and shall be valid for minimum 12 (twelve) months. This Contract can as per the provisions specified in Clause 12. In the event the Contract is not terminated, it shall be automatically renewed for subsequent periods unless otherwise terminated by the parties with written notice of 1 (One) month during the term of this Contract.

iii) Termination for cause: Notwithstanding anything contained herein, Pokkuvandi shall be entitled to terminate this Contract at any time, without any notice under the following circumstances (i) if the performance of the Reseller is found unsatisfactory, (ii) if the Reseller fails to function/operate properly as per the guidelines and policies intimated from time to time by Pokkuvandi (iii) if the Reseller breaches any of the provisions of these Terms; (iv) if the Reseller is unable to pay debts/penalty/refunds when due, (v) if the Reseller makes any assignment or composition for the benefit of creditors, (vi) if the Reseller has appointed or suffers the appointment of a receiver or trustee for its business, property or assets, (vii) if the Reseller/Service Provider files or has filed against it any petition under the bankruptcy or insolvency laws that is not finally decided within 60 days of such filing or (viii) if the Reseller/Service Provider is adjudicated bankrupt or insolvent (ix) if any third party files complaints against the Reseller/Service Provider for breach of applicable laws. x) if the vendor is raising any raising any unreasonable dispute/issues or demands xi) or any third party claims.

13. Consequences of the Expiry or Termination

a. Return of Documents and Information: Upon expiry of these Terms or earlier termination for any reason whatsoever of this Contract, You shall forthwith deliver to Pokkuvandi, without maintaining any copies for itself, all documents and information, data including but not limited Vendors information, any documents, training material, literature and material containing any logos, trademarks, service marks or any other intellectual property of Pokkuvandi and any other document which may have come to the Resellers possession or custody in pursuance of this Contract. The Reseller shall also return all Pokkuvandi property including any copies of any data, trademarks, promotional material, and identity cards etc..

b. Survival of Reseller/Service Provider-s obligations: The obligations of the Reseller/Service Provider relating to the Confidential Information under these Terms shall survive the termination or expiration of these Terms.

c. Settlement of accounts: Upon the expiry of the term or termination without cause by Pokkuvandi or Reseller/Service Provider in accordance with these Terms, Pokkuvandi shall pay the Reseller all undisputed commission until the expiry or effective date of termination of the Terms after deducting such amounts as Pokkuvandi thinks fit towards any claims that Pokkuvandi may have against the Reseller/Service Provider.

14. Indemnification

a. Reseller/Service Provider shall defend, indemnify and hold harmless Pokkuvandi and its directors, officers, employees, agents and affiliates, including from any third party actions / claims / demands, for all costs, expenses, and losses arising from or in any way attributable to: (i) acts and omissions of the Reseller/Service Provider under these Terms; (ii) breach by Reseller/Service Provider of any of the terms and conditions of these Terms; (iii) violation of any applicable laws by Reseller/Service Provider; (iv) any damage to property or bodily injury (including death) caused by the Reseller/Service Provider; (v) acts of fraud, misappropriation, and disclosure of Confidential Information by the Reseller/Service Provider vi) any claim from vendor or third party claims for reasons attributable to Reseller/Service Provider.

b. The Reseller/Service Provider hereby agrees to indemnify the Pokkuvandi, its directors and officers from and against any and all claims, suits, actions, demands or proceedings and all related damages, losses, liabilities, cost and expenses (including but not limited to reasonable lawyers fees) arising out of or relating to any (i) damage, destruction, unauthorised sharing or other misuse of Confidential Information (ii) embezzlement, misappropriation or other misapplication of subscription amount received from the Vendor by the Reseller/Service Provider or any of its employees, (iii) violation or breach by the Reseller/Service Provider of any law, rules or regulations, or any term, policy or obligation under this Terms; (iv) claims made by Reseller/Service Provider personnel on Pokkuvandi including but not limited to claims for wages, benefits or employment; (v) breach by the Reseller/Service Provider of its responsibilities under these Terms or a violation of the restrictions hereunder and (vi) claims made by the state or central government, or local authority in respect of non-payment of taxes or fees, for non-provision of statutory benefits by the Reseller to its personnel; and (vii) Misrepresentation to the Vendor or third parties regarding any information relating to Pokkuvandi or the Services/products.

c. The Reseller/Service Provider shall not make any claim or allegation against Pokkuvandi or hold Pokkuvandi liable in respect of any claim, demand or action ("Claims") made or filed by any Vendor against the Reseller. All such Claims shall be resolved solely by the Reseller at Reseller/Service Provider own cost and expense, failing which the Reseller shall indemnify Pokkuvandi as provided for in these Terms.

15. INTELLECTUAL PROPERTY RIGHTS

a. All right, title and interest, including all intellectual property rights, in and to, in all content, trademarks, marketing collateral, forms, Vendor-related data, and in all other material handed over to the Reseller/Service Provider, or collected by the Reseller/Service Provider or to which the Reseller/Service Provider may have access to ("Pokkuvandi Property"), shall absolutely vest in, and be owned by, Pokkuvandi. No right or other license to such Pokkuvandi Property is given to the Vendor.

b. Pokkuvandi names, logos and all related products and service names, design marks and slogans ("Pokkuvandi marks") are trademarks and service marks owned by and used under license from Pokkuvandi or its wholly-owned subsidiaries. The Reseller/Service Provider is not authorized to use any Pokkuvandi Mark in any advertising, publicity or in any other commercial manner without the prior written consent of Pokkuvandi.

16. LIMITATION OF LIABLITY

POKKUVANDI SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL) RELATED TO, IN CONNECTION WITH, OR OTHERWISE, EVEN IF POKKUVANDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. POKKUVANDI SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND AN VENDOR, EVEN IF POKKUVANDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. POKKUVANDI SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND POKKUVANDIS REASONABLE CONTROL. IN NO EVENT SHALL POKKUVANDIS TOTAL LIABILITY TO YOU CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RS.1000/- (RUPEES ONE THOUSAND ONLY)

17. Miscellaneous

a. Force Majeure: Neither Party shall be liable for any failure or delay in performance under this Terms to the extent such failure or delay is caused due to reasons beyond that partys reasonable control such as technical malfunctions, governmental actions, acts of God; acts of a public enemy, wars, insurrections, riots, epidemics pandemics bacterial infection, landslides, lightning, earthquakes, fires, storms, floods, washouts; arrests and restraints of the government; necessity for compliance with any court order, law, ordinance or regulations promulgated by any governmental authority having jurisdiction, either federal or state, civil or military; civil disturbances; any other events, matters, or causes, whether of the same kind enumerated herein or otherwise, which shall not be reasonably within the control of the Party affected thereby and occurring without its fault or negligence, provided that force majeure will apply only if the failure to perform could not be avoided by the exercise of due care by the Party invoking this clause and such party does everything reasonably possible to resume its performance under these Terms. In the event of the force majeure conditions continuing beyond two weeks, the Party to whom the affected obligations are owed shall have the right to terminate these Terms by written notice of fifteen days.

b. Severability: If any provision of these Terms is found by court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of these Terms, and all provisions not affected by such invalidity shall remain in full force and effect. The Parties shall nevertheless be bound to negotiate and settle an alternate clause that shall be as close to the intent of the original clause and which shall nonetheless be valid and enforceable.

c. No Waiver: The waiver by either party of a breach or default of any of the provisions of these Terms by the other Party shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of either Party to exercise or avail itself of any right, power or privilege, operate as a waiver of any breach or default by the other Party.

d. Independent Contractors: It is understood and agreed that the relationship between the Parties is on a principal-to-principal basis. Nothing in these Terms shall constitute an agency, employment, partnership or any other relationship whether in the nature of a joint venture or otherwise between the Parties.

e. Notices: All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the registered office addresses. Notices may also be sent through emails, however, such emails must be followed up with a physical notice at the above mentioned address within a period of ten (10) days.

f. Entire Terms: These Terms, including Schedules, shall constitute the entire Terms between the Parties and shall supersede all other and prior arrangements, Contracts, and understandings prior to the execution of these Terms.

g. Arbitration: If any dispute/difference arises between the parties then the Parties shall meet to discuss the matter and shall negotiate in good faith to resolve the matter. However if such matter remains unresolved within 60 days from the date of dispute intimated to other party in writing thereafter the matter shall be referred to the sole arbitrator appointed by Pokkuvandi. The Reseller has consented to Pokkuvandi to appoint arbitrator as per its (Pokkuvandi-s) discretion under this contract.. The Arbitration and Conciliation Act, 1996 shall govern the arbitration proceedings and the place of Arbitration shall be Erode. Language of Arbitration shall be English. Cost of Arbitration shall be borne in equal proportion by the Parties. Attorney costs shall be borne individually by each Party. The Arbitration award shall be final and binding upon the Parties.

h. Governing Law and Jurisdiction: This Terms of Service shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Erode, India

i. Headings: The headings of clauses in these Terms are merely indicative and shall not be taken into consideration in the interpretation or construction of the Terms.

POKKUVANDI -  CANCELLATION, RETURN AND REFUND POLICY

Pokkuvandi, having its registered address at Erode (Tamilnadu), India ("Pokkuvandi", "we", "us" or "our") is managing and operating the mobile application/ website www.pokkuvandi.com . This cancellation, return and refund policy ("Policy"), together with the Terms of Use sets out the terms and conditions for cancellation, return and refund of products/Services listed and sold on Pokkuvandi.com and its mobile and tablet applications. The products/Services listed and sold on Pokkuvandi.com shall be referred to herein as "Products/Services".

1. APPLICABILITY OF POLICY

By using Pokkuvandi.com and/or initiating a request for purchase of Product(s)/Services on the Pokkuvandi.com, you agree to be bound by the terms contained in this Policy without modification. If you do not agree to the terms contained in this Policy, you are advised not to transact on Pokkuvandi.com. Please note that, we may from time to time change the terms of the Policy that govern your terms of cancellation, return or refund of an order for Product bought on Pokkuvandi.com. Every time you wish to use Pokkuvandi.com, please check the Policy to ensure you understand the terms and conditions that apply at that time.

2.TERMS OF CANCELLATION

·         (a) You cannot cancel the order prior to complete the previous paid service period. The order cannot be cancelled once the paid.

·         (b) The request for cancellation of the order can be made by calling our customer care number, or any other method, as may be intimated by Pokkuvandi.com to you from time to time.

·         (c) On the receipt of order cancellation request, your order will be cancelled with immediate effect, and the refund process will be initiated within 48 hours of confirmation of cancellation.

3.TERMS OF RETURN AND REFUND

·         (a) You may initiate return of Products/Services within the timelines and as per the terms of this Policy. We would accept the request for return of such Product or Pre Closure of Service subject to the terms of this Policy. Pokkuvandi will not process return if you have placed the order for a wrong product / service, incorrect Product/Service.

·          (b) Please be informed that when you opt to cancel or return the Products/Services, upon our verification of the Products/Services and the documents relating thereto, the refund amount for such Products/Service which are eligible for return as per the terms of this Policy, will be processed within a period of 2 business day from the date of us verifying the non-compliance in the Product/Service. Your refund will be processed only when the conditions as may be stipulated by Pokkuvandi.com are fulfilled. The refund amount will be credited to the original payment mode opted by you. You acknowledge that after initiation of refund, it may take additional time for your refund to reflect in your account which is subject to your financial institution or payment solution provider terms and conditions.

·         (d) Please be informed that for Products/Services, for which you had opted for ? Cash on Delivery?, as a payment option, you will receive refunds in your bank account (as per the bank account details provided by you to us) in case the Product/Services is purchased from a third-party seller made available. However, if the Sale was consummated by Pokkuvandi.com, you will receive your refund in your bank account only. We do not make any cash refunds.

·         (e) The amount claimed as refund will be refunded to you within 15 working days depending upon the mode of payment chosen by you. Sometimes banks or financial intermediaries take a longer time to process the refund request. However, if the refund does not happen by the date advised, you may contact us, and we will gladly help you.

4. CUSTOMER SUPPORT TEAM

For any feedback, concern or query, you may please reach out to us on the below contact details:

Write to us on:pokkuvandiho@gmail.com

Call us at: 9363023675

Pokkuvandi.com