Terms & Conditions

TERMS OF SERVICE

 

1. INTRODUCTION

Any additional features or tools incorporated into the existing ‘Platform” will be governed by the Terms of Service. You can access the most recent version of the Terms of Service on this page at any time. We retain the right to modify, alter, or substitute any portion of these Terms of Service by posting updates and/or alterations on our website. It is your obligation to periodically review this page for any modifications. Your continued usage of or access to the website subsequent to the posting of any modifications signifies acceptance of those alterations.

This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder.

This Terms of Service guides the contractual relation between Clients (hereinafter called as "Client"/"Client Organization", "You" or "Your") and Amazing Techevents Pvt. Ltd. (hereinafter called as ‘ATPL’) and it governs the services offered by ‘ATPL’ through its website (www.searchincity.in), phone Search, SMS, WhatsApp Services, APP or any other medium (collectively called "Portals"). ‘ATPL’ offers you its services only on the Terms and any amendments made under this Terms of Service. ‘ATPL’’s endeavour will be to send the Terms of Service to you on your registered email ID and/or mobile number via Emails/SMS/WhatsApp and the same is also published on ‘ATPL’’s website at https://www.searchincity.in/Terms-of-Use/Service-for-Listing- Service.

1. INTRODUCTION: The Services (defined hereinafter) of '‘ATPL’' is provided by ‘Amazing Techevents Pvt. Ltd.’, a company incorporated under the Companies Act, 1956 and having its registered office at Chat Talab Road, Manaitand, Dhanbad, Jharkhand – 826001, India ("ATPL’"). ‘ATPL’, among other businesses, also carries on the business of providing information about Clients (defined hereinafter) of various products and services ("Information") in selected towns and cities of India ("Service") to end users. ‘ATPL’ uses its  local search engine www.searchincity.in and it primarily provides directory services to its Users as per their requirements & searches made on ‘www.searchincity.in’s portals in as much as this “terms of use” is concerned as applicable to the Clients.
2. However, ‘ATPL’ or ‘www.searchincity.in’ does not intend to guarantee any business to such Clients. The Clients details ‘as provided by them’ are specified in the listing available on ‘www.searchincity.in’. ‘www.searchincity.in’'s objective is to provide a quick guide for up-to-date Information in a user-friendly manner and via a medium that the end user is comfortable with.
3. The end users ("hereinafter referred as Visitor/Users") of the Service are persons who may want to purchase goods / avail services and are seeking information about the Clients of such goods and services.

2)         INTERPRETATION:

1. "Contract" refers to these Terms of Service along with any Schedules and Annexures, if applicable.
2. References to a party in this document include that party’s legal successors, heirs, permitted assigns, and any persons obtaining title under it.
3. Clause headings are provided for convenience only and are not intended to fully or accurately describe the content of the Clauses.
4. Words in the singular or plural, or indicating a specific gender, shall not restrict the application of any provision of this Contract to those persons, unless contextually required.
5. Any grammatical variation of a defined term will have the same meaning as the original term. The terms "including" and "includes" shall always mean "including, without limitation" and "includes, without limitation," respectively.

 

3. SUBSCRIPTION:

Clients may be business houses, small medium enterprises, corporate entities, semi-corporate entities, establishments or individuals, who subscribe to the Service in order to list their company or business. ‘ATPL’ will provide only the Information about the Client to the Users, through its website ‘www.searchincity.in’ in the manner provided for in these Terms. Client agrees and acknowledges that ‘ATPL’ does not guarantee any business to the Client and is merely a medium through which information is made available to the general public.

4.         GENERAL TERMS:

1. This Terms of Service, including any Invoice, Annexures etc. together will be referred as "Contract/ Terms of Service". This Terms of Service will override any previous understanding (whether written or oral) between the Client and ‘ATPL’ on the subject matter hereof.
2. The Terms of Service shall be valid and effective for 06 (SIX) months or more from the Effective Date unless otherwise agreed by the parties and in accordance with the terms of Service subject to the timely receipt of the payment.
3. The Service would automatically stand renewed unless

(a) the Client intimates ‘ATPL’ by prior written notice (either by email or through registered post) at least 3 (three) months before the expiry of the 06 (SIX) months tenure, expressing their intention not to renew the Service or

(b) is terminated by either Party prior to renewal in accordance with these Terms.

4. In the absence of any written communication by the Client as to non-renewal after the expiry of the 06 (SIX) months tenure or unless terminated earlier by either Party, the Service would stand automatically renewed on terms specified herein.
5. By agreeing to the terms of the Contract, the Client shall be deemed to have consented unconditionally to all such addendums and amendments to the Contract without requirement of any specific notice or signature thereto. ‘ATPL’ is entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to the Clients. It shall be the sole responsibility of the Clients to visit the Website and update themselves of the modifications/changes to the Terms of Service. Any changes to or amendment to these Terms or the Terms of Service will be deemed to take effect from the Effective Date and will be binding on the Client.
6. The Client acknowledges that numbers of enquires shall solely be dependent on the market trend/response or user’s demand and ‘ATPL’ does not guarantee on the numbers of enquiries however it shall be its endeavour to provide the services on best effort basis.
7. Subject to terms set out in Clause above, it is clarified that the automatic renewal of the Service will also be subject to sufficient credit balance/payment of Client being available in the Client’s account with ‘ATPL’. It is further clarified that in ECS/ CCSI mandate should be active and the payment should be honoured on the stipulated date for the purposes of renewal of the Service.
8. The automatic renewal of the Service is subject to the absolute discretion of ‘ATPL’. The amount mentioned in the Invoice along with any other document which forms a part of this Terms of Service, Total Fee is the decided fee for the provision of Services and shall not be reviewed at any point except at the discretion of ‘ATPL’. The Client’s by making the payment as raised in the invoice confirms the acceptance of Terms of Service as set out herein, for availing the service from ‘ATPL’.
9. The Client hereby authorizes that upon the execution of ECS / CCSI MANDATE ‘ATPL’ is authorized to DEDUCT minimum of 6 months ECS, thereafter Client has the option of terminating the Service. The Client shall only terminate the Service upon the completion of minimum tenure of 6 months from effective date which can be terminated by giving prior 3 (Three) months written notice (either by email or through registered post) to its bill due date, expressing intentions of discontinuing the Services.
10. Notwithstanding anything contained anywhere in this contract, The Client undertakes that if any concession is availed by Client while availing ‘ATPL’ services it shall be under obligation to honour the payment (through any mode as opted) under any circumstances for the total tenure of the services as availed by the Client subject to terms of service as mentioned in this document. The Client hereby authorizes that upon the execution of ECS / CCSI MANDATE ‘ATPL’ is authorized to DEDUCT the ECS/CCSI or any other payment mode for the total tenure as per the services availed especially where concession is availed by Client.
11. In respect of Premium listings or any other Paid Listings, where the payment mode and manner opted by the Client is Electronic Clearing Service (ECS) or Credit Card Standing Instruction (CCSI), the Service would be automatically renewed as mentioned in Clause 4 of these Terms, however such automatic renewal is subject to the condition that same will be so renewed at revised values (commercials) as existing on the date of automatic renewal and on such other terms as may be determined solely by ‘ATPL’. Notwithstanding anything contained in this Term of Service, the automatic renewal and the terms of such renewal will be at the absolute discretion of ‘ATPL’.
12. It is clarified that, irrespective of whether the Client has registered or not registered their entity/ firm's contact numbers in the "Do Not Call" registry of Telecom Regulatory Authority of India (TRAI), or any other statutory body, upon acceptance of the Terms Of Service, the Client would be deemed to have given their consent and authorized ‘ATPL’ to share the Client’s details and contact numbers for business and promotional purpose with Users of the Service and for other business purposes of ‘ATPL’. Further the Client, by accepting the Terms of Service, has given his consent to ‘ATPL’ to contact him for any business promotion of ‘ATPL’. The Client confirms that Client shall carry out all the obligations as specified in the Terms of Service. The Client also undertakes to take all such measures as may be necessary to ensure that the Users do not encounter any difficulty in contacting the Client. In the event the Users are unable to contact the Client it would not be deemed to any deficiency in the Services rendered by ‘ATPL’. The Client undertakes to comply with all the present and future TRAI regulations or regulations of any other regulatory bodies on subject matter covered under this clause and would ensure that User or ‘ATPL’ will not face any difficulty in contacting the Clients.

 

5. INFORMATION DISSEMINATION:

‘ATPL’ currently disseminates Information to the Users through different platforms, viz., internet, WAP (Wireless Access Protocol) and Wireless (SMS short code) SMS and WhatsApp messaging platform. ‘ATPL’ may, at its discretion cease providing Information over any of the above platforms or provide Information over other platforms or modify the manner in which Information is provided over any of the existing platforms, as it may deem fit, from time to time.

6)         CLIENT LISTINGS:

This refers to the various kinds of Listings Service that can be selected by the Client. ‘ATPL’ provides the following kinds of listings Service ("Listings") on its www.searchincity.in platform:

(a) Platinum ‘Trusted’ and ‘Verified’ Plan

(b) Gold ‘Verified’ Plan

(iii) Silver Plan

(iv). Regular Lifetime Free Listing Plan

(v) Other Services and or Plan as may be introduced by ‘ATPL’ from time to time and or as mentioned in the invoice or the proposal forms as the case may be.

 

1. “TRUSTED” and “VERIFIED” CREST

The Client acknowledges that the “TRUSTED” and “VERIFIED” CREST involves position-based services, which may be fixed or rotational as reasonably determined by ‘ATPL’ based on availability in the chosen categories and pin codes at the time of payment receipt in ‘ATPL’s account. Additionally, the Client can list up to a maximum of Three businesses in any cities and states where ‘ATPL’ operates. The package value may vary depending on the city, medium, category, and other parameters identified by ‘ATPL’. If the Client wishes to change or add categories/pin codes, this will incur an additional cost, subject to availability and ‘ATPL’s discretion. However, for any removal, cancellation, or deletion of categories/pin codes from the existing listing, the Client cannot claim a reduction in cost or a refund. ‘ATPL’ reserves the right to modify the Listing Service options by adding or deleting listings, or by altering, deleting, merging categories, keywords, or pin codes. If the requested listing is no longer available, ‘ATPL’ will strive to provide a similar listing to the Client. The final decision regarding listings rests with ‘ATPL’ and will be binding on the Client.

2. Package Listings

Under Package Listings, the consideration paid by the Client will be allocated by ‘ATPL’ across categories and pin codes/locations chosen by the Client for their listing/contract, based on availability. Services under package listings will operate on a rotational basis for specific area searches or all area searches. Clients will receive visibility preference proportional to the amount paid for each category. Crest of “Trusted” and “Verified”. The terms under this sub-clause apply only to the Silver, Gold and Platinum Packages.

‘ATPL’ will provide the “Trusted” and “Verified” crests under a promotional scheme, subject to the terms of use.

c)         The “Trusted” and “Verified” crest:

a) ‘ATPL’ will display the “TRUSTED” and “VERIFIED” crest in the Client’s business listing. This crest will be visible as long as the Client’s business listing is active on ‘ATPL’ portals, contingent on the terms of use and periodic verification by ‘ATPL’ or its representatives.

b) For a consideration determined and paid by the Client, ‘ATPL’ will provide listing services under the “TRUSTED” and “VERIFIED” package for up to six months.

c) Clients opting for the “Trusted” and “Verified” services will receive visibility preference over free listings. ‘ATPL’ will offer lifetime services under this package for disseminating information to users, provided the Client’s business listing remains active on ‘ATPL’ portals according to the applicable terms of service and ‘ATPL’s business policies, which may be revised periodically. ‘ATPL’ will not be liable to provide services if the Client fails to honour the payment for these plans and reserves the right to determine the listing based on non-payment and business requirements.

d)         All other clauses specified under “Terms of Service for Client" remain fully applicable to Clients who have obtained services under the “Trusted” and “Verified” plans from ‘ATPL’.

e)         Guaranteed Leads / Calls / Transactions:

Under Guaranteed Enquiry campaign, Client//business entities will receive enquiries, calls, among other details, in relation to the information as sought by the user. These enquiries as shared to Client/business entities are additionally chargeable, as per payment plans opted by the Client/ business entities under this campaign. The services under Guaranteed Enquiry campaign will remain in effect till the completion of minimum enquiry commitment.

1.  Bundle Services

Display - shall mean listing visible on ‘ATPL’’s portal www.searchincity.in with the name, contact detail, address and other details as provided/uploaded by Client.

Calls -shall mean direct calls made by User/Callers to Clients.

Direct Enquiries - User's directly enquiring for Client's product/services by clicking on "Whatsapp" or “Call Now” icon OR "Enquire Now" option OR other relevant option available on ‘www.searchincity.in’ website.

2. Optional Services –

Grab Leads / Enquiries - These are additional enquiries which Client may opt to avail services at additional cost.

 

Client can avail Bundle Services (as defined above) based on the payments made by Client to ‘ATPL’. The visibility of the Client's business listing on ‘ATPL’ portal will be determined on the payment plan chosen by Client.

Optional Services: As defined above at point no. II) the services can be availed subject to Client making necessary payment in advance. Client agrees and confirms that ‘ATPL’ is providing the services on AS IS BASIS ONLY, WITHOUT ANY EXPRESS or IMPLIED WARRANTIES OF ANY KIND. Client acknowledges that there are no restrictions on the maximum numbers of calls made by users to Clients and User as per its discretion may directly calls to Client.

It is mandatory for the Clients to maintain the minimum threshold value, in the event if minimum threshold value is not maintained by the Clients, then ‘ATPL’ will have right to deduct (at any time) the maximum amount as per ECS Mandate form, CCSI, NACH form or any other payment mode executed by Client to avail monthly instalment payment facilities.

 

7)         ‘ATPL’ “TRUSTED” and “VERIFIED” CREST

 

"‘ATPL’ VERIFIED” means, the information related to name, address, contact details of the business establishments have been verified as existing at the time of registering any Client with ‘ATPL’. This verification is solely based on the documents as supplied by a client/s or as per the details contained in Customer E - Registration Form.

"’ATPL’ TRUSTED" indicates that the identity & information of the Clients/services, viz., name, address, contact details, business name along with secured payment options and banking credentials has been verified on best effort basis, as existing, based on the documents/information furnished by the Clients/service providers. "Trusted Stamp" are also allocated to the Client's/service providers considering user's reviews/ratings or any other criteria.

 

9)         LISTING/ SERVICE AND OTHER FEES:

a) The Client agrees to pay an advance and non-refundable Listing/Service Fee, along with any applicable charges/fees for additional features, upgraded services, facilities, etc., as availed from time to time. The applicable charges will be determined solely by ‘ATPL’. Upon receipt of such fees, ‘ATPL’ will send an e-invoice to the registered mobile number and email ID of the Client or their authorized representative. ‘ATPL’ reserves the right to recover applicable fees, costs, expenses, and taxes as needed. The Client acknowledges that ‘ATPL’ may present payment mandates (i.e., ECS/CCSI/NACH) multiple times to ensure payment and provide uninterrupted services.

b) The Client/service provider must pay the fee through upfront payment (full payment) options. The dues may also be paid through various payment modes such as ECS (Electronic Clearing Service), CCSI (Credit Card Standing Instruction), or NACH (National Automated Clearing House). Services will only be activated once the first ECS/CCSI/NACH payment is credited to ‘ATPL’s account according to the payment plan or once payment for the services/products is received. ‘ATPL’ will not refund any amount paid by the Client/service provider if services are deactivated or not activated due to non-receipt of payments through ECS, CCSI, NACH, or cheques. ‘ATPL’ reserves the right to change, modify, or amend the Terms related to service activation at any time by publishing the amended Terms on our portals at https://www.searchincity.in/Terms-of-Use/Service-for-Listing-Services, with or without notice. Clients/service providers are advised to check the Terms regularly to ensure uninterrupted services.

c) The Clients shall furnish the KYC documents or any other documents, as may be required by ‘ATPL’, on or before the first ECS/ CCSI/ NACH clearance. For the purpose of clarity, KYC documents include, (1) the passport; (2) the driving licence; (3) Voter's Identity Card issued by the Election Commission of India; (4) Copy of Aadhar Cards; (5) Job card issued by NREGA duly signed by an officer of the State Government; (6) letter issued by the National Population Register containing details of name and address; along with PAN Card. In addition to aforesaid, the Clients also needs to furnish the documents relating to the business listing such as, Certificate of incorporation, PAN Cards of the company, Registration certificate, GST certificate, Shop & Establishment certificate, or any other Government certificate issued to running their business.

10)       PAYMENT MODES:

i) ‘ATPL’ allows the Client to make the payments for the Services, including the payment of the Service/Listing Fee, i.e., the Total Fee excluding Service Fee/ Subscription Fee by way any of the following modes:

(a) Cheque; (b) Demand Draft; (c) RTGS (Real Time Gross Settlement); (d) ECS (Electronic Clearing Service); and, (e) CCSI (Credit Card Standing Instruction) (f) NACH (National Automated Clearing House)

(ii) It is hereby clarified that ‘ATPL’ does not encourage/prefer that payments be made in cash. Any cash payments made by the Client pursuant to Terms of Service with ‘ATPL’, shall be at the sole risk of the Client, without any recourse to ‘ATPL’. Clients shall not share to any employee of ‘ATPL’ Limited any banking related information or any information that is considered to be sensitive personal information within the meaning of Information Technology Act, 2000 as amended or any other law for the time being in force.

iii) Payments can be made by the Client either weekly, fortnightly, monthly, quarterly and half-yearly as directed by ‘ATPL’. ‘ATPL’ shall make best efforts to activate the Terms of Service within 14 (Fourteen) working days from the date of receipt of the Service Fee and relevant documents into its bank account, for the respective Listing (subject to delay due to technical malfunctions). However, ‘ATPL’ will not be liable in any manner for any delay in activating the Service of Client.

11)       CONSEQUENCES OF NON-PAYMENT OF SERVICE FEE / ECS AMOUNT:

a) The Client hereby agrees that it shall make the payment via such mode which is mentioned on the Clause 10 of these Terms. Any dishonour of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881 including other appropriate legal proceedings to recover its just dues. The Client shall also be liable to pay interest @18 % per annum during that period. ‘ATPL’ reserve its right to recover to recover its just dues as per the services or the packages availed by the Client.

b) In the event if the Client fails to make any payment for the services as availed, including the Service Fee or the ECS amount, in time and as per the payment plan chosen by him, ‘ATPL’ may also, in its sole discretion, suspend the Client’s Listing or access to the Service, as the case may be, until the Client makes necessary payments. Further, the Client agrees and acknowledges that the Client shall be deemed to have waived his rights to the Service and the Client’s listing for the period during which the Service and the Listing is suspended for non-payment. The right of ‘ATPL’ to determine the listing, suspend the Service and the Listing shall be without prejudice to ‘ATPL’’s right to terminate the services for any material breach committed by the Client. Client hereby acknowledges that the opted position/listing will be released to other Clients in the event of non-payment of Service fee or ECS amount without any notice/intimation from ‘ATPL’.

12)       ONE TIME or LUMPSUM PAYMENT MODE:

Clients who pays the one time or lump sum amount while availing the services under such payment mode the tenure of the Service will be equivalent to the amount paid by the Client.

13)       ISSUANCE OF INVOICE/ANNEXURES:

a) On receipt of the consideration, the services shall be activated. Once the services is activated ‘ATPL’ shares the invoice to the Clients on their registered email ID and/or mobile number via email/SMS & other electronic modes along with an invoice & other details as may be required.

b) Invoice is valid subject to timely realization of the payment.

 

14)       PRIORITY OF INFORMATION ABOUT CLIENTS:

For ‘ATPL’, providing Information that is relevant to the User is a priority. The User may or may not identify the location and category in respect of which he is seeking Information and ‘ATPL’ will provide such Information (subject to availability of such information) based on such choice of the Users. Amongst the Clients who fall within the parameters identified by the User, Information about Clients registered with ‘ATPL’, that is, the Clients is first provided on best effort basis, subject to delays due to any technical malfunction. Priority among Clients i.e., determined on the basis of the listing selected by the Client and on the basis of Total Fee to be paid by the Client. Nothing contained in the herein, shall be deemed to restrict or prevent ‘ATPL’ from providing Users with Information about other Clients whether in priority to the Clients or otherwise, as ‘ATPL’ may in its sole discretion determine. The Client acknowledges that ‘ATPL’ will merely convey the Information to the Users on demand and does not guarantee that any of such User requests will result in business prospects for the Client.

15)       NO GUARANTEE OF BUSINESS:

‘ATPL’ does not guarantee that enquiries/leads will be generated by it for the Client or that any of such enquiries/leads will be converted into business for the Client.

16)       NO MARKETING:

‘ATPL’ is not obliged and does not market the offerings of Client and shall not be obliged to recommend Client to the Users. ‘ATPL’’s obligation under the contract is limited to the obligations explicitly set out herein and in no event does ‘ATPL’ undertake to generate or guarantee Enquiries or business to the Client.

 

17)       INDEMNIFICATION:

The Client shall defend, indemnify, and hold harmless ‘ATPL’, along with its promoters, directors, officers, employees, agents, and representatives, from and against any claims, liabilities, demands, losses, damages, deficiencies, actions, judgments, or causes of action, including assessments, interests, penalties, and other costs or expenses (including reasonable attorneys’ fees and expenses) arising out of or in connection with:

a) breach of any provision or non-performance of any obligations under these Terms of Service;

b) infringement of third-party rights (including intellectual property rights);

c) any representation or warranty made by the Client under these Terms of Service being found to be untrue, false, or incorrect;

d) any act or omission due to the gross negligence, wilful default, or wilful misconduct of the Client or any of its officers, directors, employees, or agents; or

e) any third-party claims or liabilities arising out of or related to the Client's Ads or Services.

 

18)       CONFIDENTIALITY AND RELATED OBLIGATIONS:

The Client shall keep any information regarding the Users of the Service ("User Information") confidential both, during the subsistence of this Terms of Service and after its termination. The Client shall not, without the prior written consent of ‘ATPL’, transfer (whether for consideration or otherwise) User Information to any third party for any reason whatsoever. The Client is specifically prohibited from using the User Information for purposes of seeking any commercial gain out of said User Information. In the event ‘ATPL’ is made aware of any such practice of the Client in violation of the terms of this Terms of Service, ‘ATPL’ shall be entitled to terminate the Services as well as initiate such legal proceedings against the Client, as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable law.

19)       CLIENTS’ OBLIGATIONS TOWARDS END USERS:

a) The Client is solely responsible for delivery, after-sales service, payment, invoicing or collection, sales inquiries, support maintenance services, and any other obligations related to the Products/services provided to end users.

b) If an End User raises a dispute regarding the products/services, the Client must promptly take back or withdraw defective goods or discontinue deficient services. If the Client fails to rectify the issue, they must refund the consideration within the period specified on the bill, cash memo, or receipt, or within two days if no period is specified.

c) If the Client is unable to resolve an End User's grievance satisfactorily, ‘ATPL’ reserves the right to suspend or terminate services or take any other appropriate measures.

d) The Client acknowledges and accepts sole responsibility for: i) Misrepresenting their product or service; ii) Giving false guarantees or misleading consumers about the nature, substance, quantity, or quality of the product or service; iii) Concealing important information about any product or service; iv) Misrepresenting the standard, quality, quantity, grade, composition, style, or model of goods/products; v) Misrepresenting the standard, quality, or grade of services; vi) Falsely representing re-built, second-hand, renovated, reconditioned, or old goods as new; vii) Misrepresenting the sponsorship, approval, performance, characteristics, accessories, uses, or benefits of goods or services; viii) Misrepresenting sponsorship, approval, or affiliation; ix) Making false or misleading statements about the need for or usefulness of any goods or services; x) Providing the public with false warranties or guarantees regarding the performance, efficacy, or lifespan of a product or goods; xi) Disparaging goods, services, or trade with false or misleading facts; xii) Selling goods that do not comply with standards set by the competent authority, which are necessary to prevent or reduce the risk of injury to users; xiii) Manufacturing or selling spurious goods or engaging in deceptive practices in the provision of services; xiv) Not issuing a bill, cash memo, or receipt for goods sold or services rendered as required by law; xv) Disclosing personal information given in confidence by the user/consumer, unless required by law.

e) The Client is solely responsible for the accuracy of all information and the validity of prices and any other charges related to the Products/services. The Client must ensure that the prices charged comply with applicable laws.

 

20)       CLIENTS’ OBLIGATIONS TOWARDS ‘ATPL’ LIMITED:

a) The Client acknowledges that it is solely responsible for all materials and information it uses in ‘ATPL’s directory services. The Client agrees that its materials and use of the directory services will not be false, misleading, defamatory, harassing, or threatening; will not constitute unfair competition or commercial practices; will not violate any laws; and will not infringe on the intellectual property rights of any third party. The Client is also responsible for the actions of any contractors, representatives, agents, or other persons acting on its behalf in connection with this contract. The Client will ensure compliance with all applicable laws, including those related to data protection and privacy.

b) The Client acknowledges that ‘ATPL’ is primarily a local search directory service and is not responsible for fulfilling the delivery of products or services. It is the Client's responsibility to deliver the goods and services listed on ‘ATPL’s platform.

c) The Client acknowledges that ‘ATPL’ is not responsible for any goods or services or for any disputes between Clients and end users. The Client is responsible for resolving any disputes or claims raised by end users.

d) The Client acknowledges that ‘ATPL’ warrants that any proof or notification of dispatch provided will be authentic, whether electronic or otherwise. If required by ‘ATPL’, physical proof of dispatch must be provided. The Client must maintain all proof of fulfilment for at least three years from the date of fulfilment.

e) The Client acknowledges that ‘ATPL’ is not responsible for any non-delivery or non-fulfilment of products or services sold by the Client to end users. The risks associated with delivery and fulfilment are solely the responsibility of the Client. Any disputes regarding quality, merchantability, non-delivery, delays, or other issues must be resolved directly between the Client and end users. The Client shall hold ‘ATPL’ harmless from any actions or claims related to such disputes and indemnify ‘ATPL’ against all such actions and claims.

f) The Client acknowledges that ‘ATPL’ is not responsible for any faults, imperfections, shortcomings, or inadequacies in the quality, quantity, potency, purity, standard, or performance of any products or services sold by Clients listed with ‘ATPL’s directory service.

g) The Client agrees not to: i) Demand unreasonable security deposits from end users for contractual obligations; ii) Impose unreasonable penalties on end users for contract breaches; iii) Refuse early repayment of debts without applicable penalties; iv) Unilaterally terminate contracts without reasonable cause; v) Assign contracts to the detriment of end users without their consent; vi) Impose unreasonable charges, obligations, or conditions on end users; vii) Manipulate prices or delivery conditions to impose unjustified costs or restrictions.

 

 

 

 

21)       CLIENTS’ GENERAL OBLIGATIONS:

(a) Client represents and warrants that

(i) it is a bona fide business organization carrying on business in relation to the items disclosed to ‘ATPL’;

(ii) it has the rights to use the trademarks;

(iii) the business carried on by Client does not violate or infringe upon any law or regulation and all registrations, authorizations and /permission necessary approvals required for carrying on business have been procured by it;

(iv) all information provided about itself (Client) to ‘ATPL’, is and shall at all times be accurate, valid and complete;

(v) it would be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by the Client to ‘ATPL’) to ‘ATPL’;

(vi) Client shall not have right to terminate the Service upto 9 months from the date of activation of the Service. For the purpose of clarity, it is agreed between the parties that ‘ATPL’ will not be liable to refund any ECS amount which has been deducted during the validity of the contract.

(b) Additional Covenants

(i) The Client acknowledges and accepts that any grievance as to the Services will be entertained only as long as the Service remains in force and that ‘ATPL’ will not entertain such grievances post-expiry or termination of the Service;

(ii) Client accepts that it is his/her responsibility to update contact information, information pertaining to its products/services using the online edit option available in their listing and keep ‘ATPL’ updated in this regard. In the event the relevant information is not updated accurately, the Client would, by default, be bound by the explanation or description of the product/service or any other details of the Client communicated by ‘ATPL’ to the Users or any other third party;

(iii) Client hereby agrees to keep proper receipts, invoices and details for the transactions entered into by it (Client) and the User;

(iv) The Client undertakes to provide a copy of the licenses/ registrations or any other documents including but not limited to valid Identity proofs such as ration card, Aadhar card, pan card, passport, voter id card and residential proofs such as electricity bill, telephone bill, bank passbook etc, as required by it (Client) to run the business. The Client acknowledges that any breach of the covenants set forth herein may cause delay in activation, non-activation or termination of the services by ‘ATPL’, at its sole discretion. Client further acknowledges that Client shall not be entitled for any refund, compensation, damages, expenses, interest arising of out of business loss, claims, actions, inconvenience suffered by Client from delay in activation of services, non-activation of services or termination of the services due to their (Client’s) fault of not providing documents, delay in providing the relevant documents or providing incomplete documents to ‘ATPL’. It is further acknowledged by a Client that ‘ATPL’ will be at no obligation to follow-up with Client for the documents as mentioned herein and it will be Client’s sole responsibility including but not limited to share/upload all the relevant documents confirming their identity, address and business registration details with ‘ATPL’.

(v) Client hereby agrees and undertakes that during the term of this Contract and after its termination of this Contract (for any reason), it will not directly or indirectly forward leads/enquiries to any third party, mis-utilize, cheat, solicit, or usurp or attempt to solicit, divert or take away any of ‘ATPL’’s enquiries/leads. Any such conduct by Client will lead to an immediate termination of the services and ‘ATPL’ at its discretion will initiate proceedings against Client before appropriate forum.

(vi) Client hereby agrees and confirms that during the term of this Contract and after its termination (for any reason), Client will not directly or indirectly either for itself or for any other commercial enterprise, solicit, divert, hire or attempt to solicit, divert or usurp, any of ‘ATPL’’s employees, business or prospective users/callers. Client shall not advertise or perform any solicitation, including but not limited to solicitation of users to use the services of Client directly or promoting its services by any means whereby user is motivated to not to use the ‘ATPL’ website/services or to use the Client website/services directly. Any conduct by Client that in ‘ATPL’’s discretion restricts or inhibits any other user/customer from using or enjoying the ‘ATPL’ services will not be permitted.

During the term of this Contract and for 5 (five) years after any termination of this Contract, Client will not directly or indirectly, in any capacity: -

(a) solicit any users of ‘ATPL’ by means of providing discounts, gift coupons etc in the event users uses the website of Client directly.

(b) divert, entice, or otherwise take away from ‘ATPL’ the business of any user/customer, or attempt to do so, or

(c) solicit or induce any user/customer to divert or reduce its relationship with the ‘ATPL’.

Client will not, and will not authorize any third party to generate automated, fraudulent or otherwise invalid enquiries, clicks or conversions, ratings, reviews etc.; conceal enquiries, conversions for Service where they are required to be disclosed or use any automated means or form of scraping or data extraction to access, query or otherwise collect listing service-related information from any Property except as expressly permitted by ‘ATPL’. Client will direct communications regarding Service under the Term of Service only to ‘ATPL’.

(c) It is Client’s sole responsibility to keep his id/password/login id safely so that no one can misuse it and do the changes in the listing visible on ‘ATPL’ portals to cause any wrongful harm to ‘ATPL’ or its users. Client represents that in event the loss is caused due to negligence of Client, such as where he has shared the payment credentials, OTP details etc., then Client will bear the entire loss and ‘ATPL’ shall not be responsible for the same.

22)       DISCLAIMER AND LIMITATION OF LIABILITY:

To the fullest extent permitted by law, ‘ATPL’ disclaims all warranties, express or implied, including but not limited to those for non-infringement, merchantability, satisfactory quality, and fitness for a particular purpose. ‘ATPL’ also disclaims all guarantees regarding the accurate listing of the Client. The Client understands that there may be errors in such positioning. Neither ‘ATPL’ nor the Client will be liable for any consequential, special, indirect, exemplary, or punitive damages (including but not limited to loss of profits, revenue, interest, or goodwill) whether in contract, tort (including negligence), or any other legal theory, even if advised of the possibility of such damages. ‘ATPL’’s total liability to the Client is limited to the amounts paid to ‘ATPL’ by the Client during the six months immediately preceding the date of the claim. ‘ATPL’ is not liable for any claim arising from misrepresentation of the Client's information, as long as the information provided by ‘ATPL’ matches the information given by the Client or their authorized representative.

23)       ADDITIONAL DISCLAIMER:

a) Client confirms that it will be solely responsible and liable for all matters between User and the Client, including but not limited to transactions entered into between such User and the Client. Further, it is hereby declared that ‘ATPL’ does not verify the identity of the User of the Service and that the information provided to Clients is the information received from the User and will not be independently verified by ‘ATPL’.

b) In the event of receipt of any complaints from the Users regarding the Client or Client’s product/service, ‘ATPL’ reserves the right to discontinue the provision of Service to the Client or take any other action as deemed appropriate. Notwithstanding anything to the contrary contained in this Term, ‘ATPL’ may also forfeit the amount lying to the credit of such Client and terminate the services at its sole discretion.

c) Client also agrees that at no time shall ‘ATPL’ vouch for or guarantee the performance of services or delivery of products by the Client and ‘ATPL’ will not be liable for any non-payment of amounts due to the Client by any User.

24)       DISPUTE RESOLUTION:

a) If the dispute raised by the Client regarding the defective or deficient services, ‘ATPL’ shall be obliged, forthwith, to repair or to remove the defects in products or deficiencies in the services in question or to replace or maintain the products with new products of similar description which shall be free from any defect.

Provided that ‘ATPL’ shall not be liable to refund, if the dispute arises due to the Client/s:

1. act of omission or commission or negligence or conscious withholding any information, incomplete and inaccurate information;
2. does not follow the instructions or warnings issues by ‘ATPL’;
3. has misused, altered, or modified the product;
4. fails to inform ‘ATPL’ about the defective products or deficient services, within the period of 48 hrs., from the receipt of such products/services;
5. ‘ATPL’ provides the products/services as per Term of Service.

b) Additionally, if ‘ATPL’ is providing defective or deficient services evidently, due to any system error, technical issue, human error or any other acts or omissions which is beyond its control, during the tenure of the contract, then it will not be considered as material breach of the terms of this contract. In such events, Client will bring it to the notice of ‘ATPL’ and thereafter ‘ATPL’ will conduct necessary investigation and based on the outcome of investigation may extend the services for equivalent days without any additional cost to Client or provide other alternate solutions. The calculation of such extended period will be from the date of receipt of such intimation by ‘ATPL’ from Client. However, ‘ATPL’ will have all the rights to give the details/information/system generated report evidencing that there was no default on the part of the ‘ATPL’, hence ‘ATPL’ is not responsible for the extension of the services or any other alternate solutions. As mentioned under this clause, it will be the Client sole and exclusive remedy in the event of ‘ATPL’’s failure to perform the services as specified under this contract.

c) Any complaints or concerns with regard to content and or comment or breach of these terms, you can email to us at info@searchincity.in, with brief details of your complaint or call. We will acknowledge and redress your complaint on best effort basis and as per applicable Terms of Service.

25)       TERMINATION:

a) The term of this Contract begins upon Client’s registration or use of the Services and will end when terminated by any party (the “Term”). The Client may only terminate the Service, by giving 3 (three) months written notice (either by email or through registered post), prior to the automatic renewal of the same, stating his intentions of discontinuing the Services.

b) ‘ATPL’ reserves the right to terminate the Service at any time, either with or without cause. If the Client commits a breach of a material duty owed to ‘ATPL’, ‘ATPL’ may, at its discretion, call upon the Client to rectify the breach within 7 (Seven) days of the receipt of notice, failing which ‘ATPL’ may terminate the relationship between Client and ‘ATPL’.

c) Upon termination of the Service, ‘ATPL’ will not be bound to delist the Client as a Client and cease disseminating Information of the Client to the Users. However, upon termination, ‘ATPL’ shall have the right to delist the Client without prior intimation thereof to the Client.

d) In case of any technical difficulties in continuing the services, ‘ATPL’ reserves the right to terminate the services by giving written/oral intimation to the Client.

e) If the Client terminates the Service, either by efflux of time or by determination under this Terms of Service, the balance of the deposit placed by the Client with ‘ATPL’, if any, (after deducting payments for the period/tenure for which Services have already been provided by ‘ATPL’) shall be retained by ‘ATPL’. Under no circumstances, shall the Client be entitled to claim a refund of amounts already paid to ‘ATPL’. If ‘ATPL’ terminates the service for reasons attributable solely to ‘ATPL’, in any manner whatsoever, it shall either refund the amounts on proportionate basis or provide any alternate services.

f) ‘ATPL’ may terminate the Service if Client engages in fraud or other illegal or unethical activities, or in any activities which ‘ATPL’ in its reasonable judgment believes is in contravention, of any laws as may be applicable from time to time or of accepted industry practice and which under the circumstances could adversely affect the reputation or business of ‘ATPL’.

g) This contract will be terminated forthwith by ‘ATPL’ on the happening of any of the following events:

• If the Client becomes or is declared bankrupt or goes in liquidation voluntary or compulsory, except for the purpose of amalgamation or reconstruction;
• If the Client ceases to carry on its business or suspends all or substantially all of its operations;
• If a liquidator, receiver or administrator or any encumbrances takes possession of or is appointed over the whole or any part of the assets of the Client;
• If any attachment or distress is levied against any of the assets of the Client.
• If there is any material adverse change or any change in applicable law, rules, regulations, directives or guidelines, which prevents the continuing of the arrangement under this Contract.

26)       NOTICES:

‘ATPL’ shall send notices to Clients in writing through email or WhatsApp/SMS and may be followed by registered post and dispatched through a reputed courier. Any notice refused by the Client would be deemed to have been legally delivered and Client will be deemed to have received such notice. Clients can send notices to ‘ATPL’ in writing on officially registered email id or to company's registered office address.

27)       MODIFICATIONS TO TERMS OF SERVICE:

‘ATPL’ reserves the right to change the Terms of Service at any time without any prior notice to the Client. Changes to the Terms of Service shall come into effect upon from the time it is put up on the Website or by any other mode of communication as may be determined by ‘ATPL’. For Terms of Service with Client visit http://www.searchincity.in/Terms-of-Use.

28)       TAXES:

‘ATPL’ is entitled to charge the Client for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services and Listing fees (including bids arising out of Client's relationship with ‘ATPL’) and Client hereby agrees to pay the said taxes and charges promptly without raising any objections. Client also agrees that in the event the said taxes and charges are not charged by ‘ATPL’ the same shall be paid by the Client directly to the authorities concerned without raising any objection. The Client further agrees that the taxes and charges payable under this Clause is in addition to the fee paid by the Client for the Listing and Services rendered by ‘ATPL’. i) All TDS deductions, form no. 16A should be sent to info@searchincity.in iii) Goods and Service Tax is levied as per existing government policy. iv) Pursuant to Income Tax circular No 1/2014 dated 13-01-2014 TDS should not be deducted on Goods and Service tax. It is the responsibility of the Client to provide the correct Goods and Service tax number before the payments are made. If Client fails to provide the GST number or provide incorrect number before making the payment then the Client will not get due GST credit for which Client shall be solely responsible.

29)       MISCELLANEOUS:

a)         ‘ATPL’'s interpretation of the Terms of Service shall be final and binding on Client.

b)         Client agrees that no joint venture, partnership, employment, or agency exists between Client and ‘ATPL’ and that the Client is not entitled to bind ‘ATPL’ by its actions.

c)         ‘ATPL’ is subject to existing laws and legal process and nothing contained in the Terms of Service is in derogation of ‘ATPL’'s right and obligation to comply with the law.

d)         If any clause or part thereof of the Terms of Service is held to be invalid or unenforceable, then the invalid or unenforceable clause/ provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and is nevertheless valid and enforceable and the remainder of the Terms of Service shall continue in effect. Such revision to the Terms of Service will be deemed to have been in effect from the Effective Date.

e)         Client may not assign any rights or obligations against ‘ATPL’ without ‘ATPL’'s prior written consent. ‘ATPL’ reserves the right to transfer any right or obligation against Client by issuance of notice of such assignment to the Client. Upon such assignment, the assignee shall be bound by the Terms of Service in the same manner as ‘ATPL’ and ‘ATPL’ shall cease to have any liability to Client. However, the Parties agree that ‘ATPL’ has an unfettered right to assign the Terms of Service and the Client is only entitled to a notice of such assignment. The Parties further agree that assignment of the Terms of Service by ‘ATPL’ will not be subject to Client's consent.

f)          ‘ATPL’ shall not be responsible for any delay or deficiency in services due to any ‘force majeure’ events such technical glitch, server issue, natural disasters, acts of terrorism, civil labour strike, labour and transportation strikes or any other acts beyond its control. During a ‘force majeure’ event, the obligations of ‘ATPL’ under the Terms of Service will stand suspended.

g)         Nothing in the Terms of Service obliges or will be deemed to oblige ‘ATPL’ to provide any credit to the Client.

h)         Clients agrees that ‘ATPL’ reserves its right to present the payment mandates i.e. ECS / CCSI / NACH any number of times to receive its just dues / payments for the services rendered under these terms of service.

i)          ‘ATPL’ has its own Reviews, Ratings and Comments on its portals which will be posted by the users of ‘ATPL’. However, ‘ATPL’ takes no responsibility and assumes no liability for any content posted by any caller/third party on ‘ATPL’ site or on any mediums of ‘ATPL’.

30)       ARBITRATION:

All disputes, differences and/or claims arising out of the Terms of Service shall be settled by Arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996 or any statutory amendment thereof. The dispute shall be referred to a single arbitrator who shall be appointed by the authorized representative/ Director of ‘ATPL’. The Client shall not challenge the nomination of Arbitrator or his award on the ground that the nomination is made by authorized representative/ Director of ‘ATPL’. The arbitration proceedings shall be held at DHANBAD and the arbitration shall be conducted in HINDI / ENGLISH Language. The award of the Arbitration shall be final and binding on the Client and ‘ATPL’. The arbitrator will pass a written and reasoned award and will be entitled to award cost of the proceedings.

31)       ENTIRE CONTRACT:

This Contract, including any Invoice, Annexures, along with the Terms of Service hereto forms a single Contract between the Parties hereto and constitute the entire understanding between the Parties with regard to the subject matter hereof and supersede any other TERMS between the Parties relating to the subject matter hereof.

32)       AMENDMENTS AND WAIVERS:

Unless explicitly stated in these Terms of Service, if ‘ATPL’ fails to exercise or delays in exercising a right or remedy, it does not waive that right or remedy, nor does it waive any other rights or remedies. Additionally, if ‘ATPL’ exercises a right or remedy only partially, it does not prevent further exercise of that right or remedy or any other rights or remedies available to ‘ATPL’.