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.