just businesses
 

Terms & Conditions

 

1.  ACCEPTANCE OF TERMS

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY.

The terms and conditions set forth below ("Terms of Use") constitute a legally-binding agreement between JustBusinesses (KSM SOFT TECH ) and You. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of the mobile application, JustBusinesses. The Terms of Use described below apply to all Users of the App, including Users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the App.
The App is currently owned and operated by [Mr. Kumar Savar Malhotra] ("Owner") (KSM SOFT TECH ) .
You acknowledge that by "accepting" the Terms of Use, you hereby certify that: (1) you are a User, (2) you have the authority to enter into these Terms of Use, (3) you authorize the transfer of payment for Services requested through the use of the App, and (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the App. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or using this App immediately.
You specifically agree that you are at least 18 years of age and you are competent under law to enter into a legally binding and enforceable contract with Justbusinesses.
If you use the App or open an Account (as defined below) on behalf of yourself or your business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and "you" and "your" herein shall refer to that business.
JustBusinesses reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and JustBusinesses will post notice of the changes and the amended Terms of Use on the App and at www.justbusinesses.net. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the App following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access this App.
For the purpose of this Terms of Use, the words will have the meaning accorded to them hereunder: The "App" or "JuistBusinesses" means this innovative B2B business networking mobile app offering Services to the User, designed strictly to help individuals and organizations to generate business on the internet using outbound online marketing leveraged through the power and potential of mobile social media.
The term "you", "your", "User" or" "Service User," as applicable, mean the person that accesses, uses, and/or participates in the App in any manner, and the terms "we", "us", or "our" shall refer to JustBusinesses, its Owner and its affiliates, agents and contractors.
The "Services" shall mean all services, facilities and features that are made available to you, by or through this App, including any other additional software or service offered by the App in furtherance of achieving the objective of the App. It includes the access and usage of the App, including without limitation, creating an account, agreeing to allow the App to save contact information and other details on its server and downloading the App as and when required.

2.  SUBSCRIPTION AND ACCESIBILITY

Access to APP

To use the Services, you must open an account with us, which means you must register with the App and agree to the Terms of Use (thereby creating an "Account"). You must provide accurate and complete registration information any time you register. You may use the Services only in compliance with these Terms of Use and all applicable local, state, national, and international laws, rules and regulations.
Your Account is available for your personal use. You may not use your Account to create an Internet link to any other web site without our express written permission, whether or not such link or affiliation is created for commercial use. JustBusinesses hereby grants you a non-exclusive, revocable access to use the App as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the App in any medium without JustBusinesses's prior written consent; (ii) you will not alter or modify any part of the App; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.
b) Membership eligibility criteria
Use of the App is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all sign up/ registration information and any other content posted on your Profile is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the App and Services offered through this App do not violate any applicable law or regulation. Your Account may be terminated without warning if we, at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.
To access the features of the App, you will need to create a password-protected account ("Profile/Account").
To create an Account, you must submit your:
Full Name
Phone or cell number with country code
Email address
Company name
Size of business: (10 employees, 11 – 50 employees, 51-100 employees, more than 100 employees)
Do you own the company or are you an employee?
If employee?
Position if you are an employee
Company’s Location
Country
Vertical and type of business to which you belong
Along with any other information as may be required by the App for the provision of services under the App; through the sign up page on the App and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to JustBusinesses in providing you with a more customized experience when using the App.
You are solely responsible for safeguarding your JustBusinesses password at all times and shall keep your passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify JustBusinesses immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without JustBusinesses’s permission. You agree that you will not misrepresent yourself or represent yourself as another User of the App and/or the Services offered through the App.
You hereby expressly acknowledge and agree that you, yourself and not JustBusinesses will be liable for your losses, damages etc. (whether direct or indirect, actual or consequential) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of JustBusinesses or others due to such unauthorized use. An Account holder is sometimes referred to herein as a "Registered User".
You acknowledge and agree that you shall comply with the following policies (the "Account Policies"): You will not copy any part of the App in any medium without JustBusinesses's prior written authorization. You will not alter or modify any part of the App other than as may be reasonably necessary to use the App for its intended purpose.
You will provide true, accurate, current and complete information when creating your Account/Profile and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete. You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the App for any purpose without JustBusinesses's prior written approval.
You shall not in any manual or automated manner collect other Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate App information or content, including but not limited to, use on a "mirrored", competitive, or third party site/application. You shall not in any way that transmits more request messages to the JustBusinesses servers, or any server of a JustBusinesses subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.
You shall not take any action that
(i) unreasonably encumbers or, in JustBusinesses's sole discretion, may unreasonably encumber the App's software or functionality;
(ii) interferes or attempts to interfere with the proper working of the App or any third-party participation in the App; or
(iii) bypasses JustBusinesses's measures that are used to prevent or restrict access to the App.
You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the App, nor to use the communication systems provided by the App for any commercial purposes.
c) Additional policies Your access to, downloading of, use of, and participation in the App is subject to the Terms of Use and all applicable JustBusinesses regulations, guidelines and additional policies that JustBusinesses may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that JustBusinesses publishes on the App (the "Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, JustBusinesses, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.

3. USER CONDUCT

a) Prohibitions on submitted content
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the App, and any information uploaded or displayed by you on the App and/or your Profile shall not:
misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any service professionals; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 ("Minor") in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;
invade anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
contain falsehoods or misrepresentations that could damage JustBusinesses or any third party; contain pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or express pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contain nudity, violence or inappropriate subject matter; or is otherwise inappropriate; infringe any copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant JustBusinesses all of the license rights granted herein; contain or promote an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right; be intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so; intend to harm or disrupt another user's mobile or would allow others to illegally access software or bypass security on Apps or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a JustBusinesses employee, agent, manager, host, another user, or any other person though any means; advertise or solicit a business not related to or appropriate for the App (as determined by JustBusinesses in its sole discretion); contain or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement; contain advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests; distribute or contain viruses or any other technologies that may harm JustBusinesses, or the interests or property of JustBusinesses users contain links to commercial services or Apps, except as allowed pursuant to the Terms of Use;is non-local or irrelevant content; contain identical content to other open postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of JustBusinesses.
b) No discrimination
Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. JustBusinesses will not knowingly accept any Profile/User which is in violation of the law. JustBusinesses has the right, in its sole discretion and without prior notice to you; to immediately terminate the Services of the App of any User that discriminates or is any way in violation of any law.

c) Prohibitions With Respect to the APP

While using the App, you shall not:
post content or items in any inappropriate category or areas on the App; violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above; circumvent or manipulate our fee structure, the billing process, or fees owed to JustBusinesses; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any App user); take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off the App or using it for purposes unrelated to the App); In the event of any dispute between Users of the App concerning the use of the Services or the App, JustBusinesses has the right, in its sole and absolute discretion, to remove such feedback or take any action it deems reasonable without incurring any liability therefrom.
If a Service User violates any of the above-referenced rules in connection with his or her posting, JustBusinesses, in its sole discretion, may take any of the following actions: (a) cancel the registration to the App; (b) limit the Service User's Account privileges; (c) suspend the Service User's Account; and/ or; (d) terminate this Agreement;
(e) decrease the Service User's status earned via the referrals and the feedback page.

4. USE OFCONTENTS TO WHICH ACCESS HAS BEEN ALLOWED


a) No confidentiality


The App may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your offer, your wants of business, the people you can generate business for, any feedback, and all submitted content, and the hosting, sharing, and/or publishing of information. You understand that whether or not such information is published, JustBusinesses does not guarantee any confidentiality with respect to any such information.
You agree that any information provided by you for which you authorize to be searchable by other Service Users who have access to the App is provided on a non-proprietary and non-confidential basis. You agree that JustBusinesses shall be free to use or disseminate such freely reachable information on an unrestricted basis for the purpose of providing the Services.
You are aware that any information provided by you towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a doctor or a lawyer) is not extended to JustBusinesses.
JustBusiness shall have the right to access your remote device upto and to the extent allowed by you. By accepting the Terms of Use, you hereby authorise JustBusinesses to access the following:
Please enlist the drives/function of the User’s remote device that you would like to access –
  • Camera
  • Location
  • Contacts
  • Address Book
  • Gallery
The right of JustBusinesses to access your remote device up to the limit permitted by you may be amended from time to time, to include additional accesses. At any time during the substance of the Agreement, you can revoke the rights of the App to access the remote device and JustBusniesses shall thereafter not access your remote device to the extent of revocation of such access by you. However, the information received by JustBusinesses pursuant to the access so granted by you, and rights of the App to use such information under this Clause 4(a) of the Terms of Use shall survive termination of this Agreement.
JustBusinesses may also disclose, retain or use, any and all information received from its Users, pursuant to the usage of the App, this Agreement or any Terms of Use, including but not limited to, personal information received from accessing the remote device of the User pursuant to the access so granted by the User. Any and all information collected pursuant to the Terms of Use shall survive the Termination of this Agreement. JustBusinesses may disclose, retain or use any information received by its Users, if it reasonably believes that such a disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate JustBusinesses’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary in our reasonable discretion.

b) Your representations and warranties

You shall be solely responsible for your Profile and the consequences of posting or publishing it. In connection with information submitted by you on the App, you affirm, represent, and/or warrant that:
(a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize JustBusinesses to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the App and these Terms of Use; and
(b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the App and these Terms of Use.

c) JustBusinesses's disclaimers

JustBusinesses does not endorse any information, referrals or any opinion, recommendation, or advice expressed therein, and JustBusinesses expressly disclaims any and all liability in connection with any information, referrals or any opinion, recommendation, or advice, JustBusinesses does not permit copyright infringing activities and infringement of intellectual property rights on the App, and JustBusinesses will remove any content which infringes on another's intellectual property rights. JustBusinesses reserves the right to remove any content on the App without prior notice. JustBusinesses will also terminate a User's access to the App, if he or she is determined to be a repeat infringer. A repeat infringer is a App user who has been notified of infringing activity more than twice and/ or has had content removed from his Account;/Profile on the App more than twice. JustBusinesses also reserves the right, in its sole and absolute discretion, to decide whether any content on the App is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. JustBusinesses may remove such content and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.
You acknowledge and understand that when using the App, you will be exposed to information and referrals from a variety of sources, and that JustBusinesses is not responsible for the accuracy, usefulness, competence, safety relating to, any such information or referrals, by and/or of, other Service User or any other third party. You further acknowledge and understand that you may be exposed to information that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against JustBusinesses with respect thereto, and agree to indemnify and hold JustBusinesses, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the App. You are solely responsible for the photos, profiles and other content, including, without limitation, any content that you publish or display on or through the App, or transmit to other App Users. You understand and agree that JustBusinesses may, in its sole discretion and without incurring any liability, review and delete or remove any content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of App users or others.
You acknowledge and understand that User identification on the internet/App is difficult, we cannot and do not confirm each User's purported identity and we are not responsible for the same. We may provide information about a User, such as information on various professionals/businesses, geographical location, or referrals, verification of identity or credentials. However, such information is based solely on data that the User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.
You acknowledge and understand that the App is a dynamic time-sensitive mobile application and that we are not responsible and cannot be held liable for any such time-sensitive information. As such, contents and functionality of the App will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidently by us or accidentally or purposefully by a third party. You accept our Services, the App and all content on it, are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied.
You acknowledge and accept that to the extent permitted by law, we specifically disclaim any implied warranties of any kind.

c) No Relationship

You agree that nothing in this Agreement shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between, the Users or any third party, and JustBusinesses.

5. MODIFICATIONS TO OR TERMINATION OF APP

a) Modification or cessation of App

JustBusinesses reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App (or any part thereof) with or without notice and in its sole discretion. You agree that JustBusinesses shall not be liable to you or to any third party for any modification, suspension or discontinuance of JustBusinesses Services / App.

b) Termination by JustBusinesses

You hereby acknowledge and agree that JustBusinesses, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the App or otherwise terminate your access to or participation in the use of the App (or any part thereof), or remove and discard any information, content or data on the App ("Termination of Service"), immediately and without notice, for any reason, including without limitation, Account inactivity or if JustBusinesses believes or has reason to believe that you have violated any provision of the Terms of Use.

c) Termination by you

You may cancel your use of the App and/or terminate the Terms of Use with or without cause at any time by uninstalling the App from your mobile or remote device. All payments made to JustBusiness shall be made on a non-refundable basis.

d) Effect of termination

Upon termination of your Account, your right to participate in the App, including, but not limited to, your right to, offer or receive Services of the App, and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the JustBusinesses system.
Unless JustBusinesses has previously cancelled or terminated your use of the App (in which case subsequent notice by JustBusinesses shall not be required), if you provided a valid email address during registration, JustBusinesses will notify you via email of any such termination or cancellation, which shall be effective immediately upon JustBusinesses's delivery of such notice.
Upon Termination of Service, the following shall occur: all permissions, licenses, access granted to you hereunder will immediately terminate; and you shall promptly uninstall the App from your remote device and destroy all copies of JustBusinesses Data, Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that JustBusinesses shall not be liable to you or any third party for any termination of your access to the App. Upon Termination of Service, JustBusinesses retains the right to use any data collected from your use of the App, and all related licenses you have granted JustBusinesses hereunder shall remain in effect for the foregoing purpose. In no event is JustBusinesses obligated to return any information, content, data, picture, video, etc. to you. Clauses 2, 4, 6, 7, 8, 10, 11, 12, 13, 14 and 16 of the Terms of Use shall survive suspension or termination of the App or your Account.
You agree to indemnify and hold JustBusinesses, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.

6. INTELLECTUAL PROPERTY RIGHTS

a) JustBusinesses owns or holds the licenses to all data and marks on the APP

The content on the App, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by and are the sole and exclusive property of JustBusinesses. Data on the App is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. JustBusinesses reserves all rights not expressly granted in and to the App and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the App for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the App or features that prevent or restrict use or copying of any Data or enforce limitations on use of the App or the Data therein.
b) JustBusinesses's access to you for the use of data and marks
The App contains JustBusinesses's Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and JustBusinesses owns and retains all rights in the JustBusinesses Data and Marks. Subject to these Terms of Use, JustBusinesses hereby grants you a limited, revocable, non-transferable, non-sub-licensable access to the App (excluding any software source and object code) solely for your personal use in connection with accessing and participating in the App. The App may also contain Data of other User, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.

7. JUSTBUSINESSES FEES

A user has the option of creating the following types of Accounts to gain access to the App and become a Registered User, and avail the Services provided thereunder,: "Free Membership/Account" means a free account created by a User on the App without payment of any charges to avail limited Services so offered by the App under such Free Account, the Services provided under the Free Membership may be amended and changed from time to time at the sole discretion and without prior notice by JustBusinesses,
"Premium Membership/Account" means a premium account created by the User on the App by paying a nominal fee of $1, the Services provided under the Premium Membership offer much wide range of Services compared to a Free Membership, the Services provided under a Premium Membership may be amended and changed from time to time, at the sole discretion and without prior notice, by JustBusinesses, If applicable, you agree to pay all fees or charges to your Account based on JustBusinesses's fees, charges, and billing terms then in effect. If you do not pay on time or if JustBusinesses cannot charge your credit card, any payment gateway or other payment method for any reason, JustBusinesses reserves the right to either suspend or terminate your access to the App and Account and terminate these Terms of Use. You are expressly agreeing that JustBusinesses is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this App and the fees will be billed to your credit card, a payment gateway or other payment method designated at the time you make a purchase or register for a fee-based service. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that JustBusinesses may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. JustBusinesses reserves its right to initiate appropriate legal proceedings, if necessary, in its sole discretion, to recover such outstanding amounts. All sales of JustBusinesses are final and non-refundable.

8. DISPUTE RESOLUTION

If a dispute arises between you and JustBusinesses, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and JustBusinesses hereby agree that we will resolve any claim or controversy at law and equity that arises out of the Terms of Use or the App in accordance with this Clause 9 or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at support@JustBusinesses.net. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. The Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in New Delhi, India.

9. ADVERTISEMENTS

Aspects of the App and other JustBusinesses services may be supported by advertising revenue. As such, JustBusinesses may display advertisements and promotions on the Service/App. The manner, mode and extent of advertising by JustBusinesses, are subject to change and the appearance of advertisements does not necessarily imply endorsement by JustBusinesses of any advertised products or services. You agree that JustBusinesses shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers of the App.

10. THIRD-PARTY LINKS, CONTACT FORMS AND PHONE NUMBERS

The App, the Users or a third parties may provide, links, contact forms, referrals and/or phone number, other information, data and marks, to other Apps, other Users of the App or resources, including, without limitation, social networking, blogging and similar applications through which you are able to log into the App using your existing account and log-in credentials for such third-party applications. Certain areas of the App may allow you to interact and/or conduct transactions with such third-party sites and/or other Users, and, if applicable, allow you to configure your privacy settings of the Account to permit your activities on the App to be shared with other Users, your contacts in your third-party site account. Because JustBusinesses does not have or may not have control over such sites, Users and resources, you acknowledge and agree that JustBusinesses is not responsible for the availability of such information from other Users, external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from the App, other mobile applications or resources. Unless expressly stated on the App, links to, third-party or other User’s site, should in no way be considered as or interpreted to be JustBusinesses's endorsement of such third-party sites or any product or service offered through them. You further acknowledge and agree that JustBusinesses shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through JustBusniesses and/or other mobile applications or resource. The third-party may have different privacy policies and terms and conditions and business practices than JustBusinesses. In certain situations, you may be transferred to a third-party through a link or connected to a third-party resource by a contact form, referral or phone by other Users or otherwise, but it may appear that you are still on this App or transacting with JustBusinesses. In these situations, you acknowledge and agree that the third-party terms and conditions and privacy policy apply in this situation. Your dealings and communications through the App, with any party or any other User of the App are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party and JustBusniessess shall have no obligation, liability and/or responsibility towards any User or any third party on account thereof.

11. DISCLAIMER OF WARRANTIES

You agree that your use of the App shall be at your own risk. To the fullest extent permitted by law, and JustBusinesses and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this App, the Services offered on or through this App, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this app, including without limitation the materials, data and submitted content of other Users of this site or other third parties. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this App, the services offered on or through this App, data, materials, submitted content, and any information or material contained or presented on this app is provided to you on an "AS IS," "AS AVAILABLE" and "WITH FAULT" basis with no warranty of implied warranty of merchantability, or non-infringement of third-party rights. JustBusinesses does not provide any warranties against errors, mistakes, or inaccuracies of Services, data, content, information, materials, substance of the App or content submitted by the User, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the App by any third party, any interruption or cessation of transmission to or from the App, any defamatory, offensive, or illegal conduct of any third party or Users , or any loss or damage of any kind incurred as a result of the use of any Services, data, content, information, materials, substance of the App or submitted content posted, emailed, transmitted, or otherwise made available via the app. Justbusinesses does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by, a third party or another User, through the App or any hyperlinked site or featured in any banner or other advertisement. Justbusinesses will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including third party service professionals. As with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

12. LIMITATIONS OF LIABILITY

A) In no event shall JustBusinesses, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any (i) access to or use of the App or any Services offered by any User via the App, including Services provided pursuant to an agreement formed independently of the App, whether or not an agreement for Service formed via the App is in effect; (ii) errors, mistakes, or inaccuracies of Services, data, marks, content, information, materials or substance of the app or submitted content; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information through the App; (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the App by any third party or other Users; (v) any interruption or cessation of transmission to or from the App; (vi) any errors or omissions in any Service, data, content, information, materials or substance of the app or submitted content; (vii) any failed negotiations for a Service, any disputes that arise during or after the negotiation of a Service or the formation of a contract for a service, or any other dispute that arises between users of the App; (viii) any defamatory, offensive, or illegal conduct of any third party or ; or (ix) any use of any data, marks, content, information, materials or substance of the app or submitted content posted, emailed, transmitted, or otherwise made available on or through the App, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not JustBusinesses is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
b) In no event shall the total, aggregate liability of JustBusinesses, or any of the above-referenced respective parties, arising from or relating to the app, and/or submitted content exceed the total amount of fees actually paid to JustBusinesses by you hereunder. You hereby acknowledge and agree that JustBusinesses shall not be liable for submitted content or the defamatory, offensive, or illegal conduct of any third party or User and that the risk of harm or damage from the foregoing rests entirely with you. You further acknowledge and agree that JustBusinesses shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from or relating to, the App, the Services provided under the App, the Users, third parties or from any contract between the Users and/or third parties entered into independently of the App, even if it is in furtherance to the Services provided by the App.
The App may contain links to third-party businesses/applications/contact information of various service professionals and businesses,that are not owned or controlled by JustBusinesses. JustBusinesses does not have any control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party, third party application or Users. In addition, JustBusinesses will not and cannot censor or edit the content of any third-party.
By using the App, you expressly relieve JustBusinesses from any and all liability, at all times, arising from, other Users, third parties, from business provided by Users to each other pursuant to the use of the App or the Services provided under the App, or use of any third party application.
c) Force Majeure Neither JustBusinesses nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

13. INDEMNIFICATION AND RELEASE

You agree to defend, indemnify and hold harmless JustBusinesses, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys'fees) arising from your use of, access to, and participation in the App; your violation of any provision of the terms of use, including the privacy policy; your violation of any third-party right, including without limitation any copyright, property, proprietary, intellectual property, or privacy right; or any claim that your submitted content caused damage to a third party. This defence and indemnification obligation will survive these Terms of Use and your use of the App. If you have a dispute with one or more Users, you forever release JustBusinesses (and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, agents, subsidiaries, and employees) from any and all liabilities, claims, demands and damages (actual and/or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the App and/or any Service provided by the App.
The Terms of Use, and any rights and access granted of any User hereunder, is non-transferable and non- assignable; and may only be transferred or assigned by JustBusinesses without restriction.

14. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

15. NOTICE

You agree that JustBusinesses may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the App.

16. GENERAL INFORMATION

a) Entire Terms of Use
The Terms of Use, together with any other legal notices or Additional Policies published by JustBusinesses on the App, shall constitute the entire agreement between you and JustBusinesses concerning the App. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and JustBusinesses's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
b) Statute of Limitations
You agree that any cause of action arising out of or related to the App must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
c) Section headings
The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.