1. ACCEPTANCE OF TERMS
The App is currently owned and operated by [Mr. Kumar Savar Malhotra] ("Owner") (KSM SOFT TECH ) .
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.
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
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.
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:
Phone or cell number with country code
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?
Position if you are an employee
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
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:
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;
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;
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.
Please enlist the drives/function of the User’s remote device that you would like to access –
- Address Book
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:
c) JustBusinesses's disclaimers
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
c) Termination by you
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.
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 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,
8. DISPUTE RESOLUTION
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
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
13. INDEMNIFICATION AND RELEASE
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.
14. NO THIRD-PARTY BENEFICIARIES
16. GENERAL INFORMATION
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