Terms of Service

This Terms of Use ("Terms") lays out the terms and conditions, as maybe amended and supplemented from time to time,of My Agency Platform (“MAP/ we/us”), which shall govern, (i) the access and browsing of the website of MAP, accessible at www.myagencyplatform.com (“Website”), and(ii) availing the Services (defined below) offered by MAP through the Website, by visitors, registrants, and / or users ("Visitor"/ “You”).

MAP is an online platform that acts as an online market place, and which facilitates and enables a streamlined, data-managed, and vetted approach to connecting marketing service providers and their target clients, and further provides a platform that assists marketing service providers to list and market their services to the general public.

Further to the Terms, the use and access of the Website and the Services, shall also be governed by the Privacy Policy, which is incorporated herein by reference, and can be accessed at www.myagencyplatform.com/privacy (“Privacy Policy”).

Please read the Terms carefully before, (i)accessing or browsing the Website, (ii) registering with the Website for opening an account with us, (iii) availing Services through the Website, and (iv) posting reviews, feedbacks, and other content on the Website. By engaging in any of the actions mentioned above, You hereby signify Your absolute and unconditional acceptance and acknowledgement of the Terms, and the Privacy Policy, and Your agreement to be legally bound by the same with MAP (“Agreement”), without any modifications and exceptions (including consent to the collection, use, storage, processing and disclosure of Your information as set out herein and the Privacy Policy). You may not access the Website or avail the Services, or undertake any of the actions mentioned above,if You do not accept the Terms and the Privacy Policy.

1. SERVICES AND ACCEPTANCE OF TERMS

• The services offered by MAP through the Website are as follows (collectively referred to as the “Services”):
  • The Website contains lists and basic functional details about various marketing agencies and other marketing service providers (which may have been independently sourced by us from publicly available sources, or formed on the basis of references and details provided by their clients/ customers, or based on information voluntarily provided by such service providers), enabling general searches for suitable marketing agencies within the Website;
  • You shall have the option to view rankings, ratings, and reviews, and MAP scores, about the various marketing service providers, which may have been generated by our specialised algorithms, or developed independently by us, or based on reviews, suggestions or feedbacks provided to us;
  • Option for clients and customers to post request for proposals on the Website based on their specific requirements, and select and identify suitable service providers from the responses received;
  • Option for the service providers to provide, amend, modify details about their entities as appearing on the Website, for promotional purposes;
  • Blog space, where service providers can post and upload content of their own choosing, and shall further have content posted by MAP and other guest columnists;
  • Customers and clients can provide and post ratings, reviews and feedbacks on the Website, for public use;
  • Basic analytic services on the views, likes and comments garnered on each entity listed on the Website;
  • Paid services including sponsorship packages and Bid4Work mechanism, detailed below;
  • Basic verification checks conducted by MAP on the accuracy and authenticity of the claims and reviews in relation to service providers, as submitted for publication on the Website;
  • Option to set alerts and notifications based on customised needs of the customers;
  • Other ancillary services as may be determined by MAP from time to time.
• Subject to the acceptance of these Terms and compliance with the requirements contained herein, MAP has granted to You, the limited right to access and avail the Services.
• MAP reserves the right to change the Terms without any prior notice or intimation of such changes to the Visitor. The Visitor shall be responsible for regularly reviewing the Terms. Changes to the Terms shall be effective when posted on the Website, and the Visitor agrees to review the Terms periodically to become aware of any changes.
• The Visitor's use of certain features, functionality or programs of the Services, offered on or through the Website,may be subject to additional terms and conditions, and before the Visitor uses any such features, functionalities or other programs, he would be deemed to have accepted such additional terms and conditions.
• MAP reserves the right, in its sole discretion, to terminate the access of the Visitor to the Website, or the Services, at any time, without any prior notice.
• The Terms shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation".
• The Visitor understands and acknowledges that when availing the Services, he shall be exposed to content from a variety of sources, and that MAP is not responsible for the accuracy, usefulness, safety,or intellectual property rights of, or relating to, such content.

2. OBLIGATIONS OF THE VISITOR

• To avail any of the Services offered by MAP, whether it be a service provider or a client looking to avail services from a service provider, the Visitor is required to register and open an account on the Website (“Account”), which shall be free of cost. MAP may verify Your contact details provided at the time of opening an Account, by generating a onetime password. Acceptance of the application for an Account will be displayed on the Website. MAP reserves the right to decline the Visitor’s application for an Account or to revoke the same at any stage at MAP’s sole and absolute discretion, and without assigning any reason or giving any notice thereto.
• The Visitor shall be able to avail most of the Services only upon creating an Account, however, certain Services may be accessed without creation of an Account. The Terms shall irrespective apply to the use and access of the Visitor of the Website and such Services. In the event of any violation of these Terms in the use and access of such Services, MAP shall have the option to identify and block the Visitor from further access of any Services or the Website.
• The Visitor may be required to pay to avail certain specific functionalities of the Services offered through the Website, and the other functionalities may be availed free of cost.
• The Visitor agrees and undertakes at all times to be responsible for maintaining the confidentiality of the Account, username and password, and shall be fully and solely responsible for all activities that occur by use of the Account. Further, the Visitor agrees not to use any other party's Account for any purpose whatsoever without proper authorization from the relevant party. The Visitor is responsible for the security of all transactions undertaken on his / its Account. MAP will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse or unauthorised use of the Visitor’s Account.
• The Visitor also agrees and undertakes to immediately notify MAP of any unauthorized use of his / its Account, user ID or password, as the case maybe. MAP shall not be responsible for any, direct or indirect, loss or damage arising out of the Visitor's failure to comply with this requirement. You are solely responsible for restricting access to Your devices, and for all activities that occur under Your Account or password. You acknowledge that Your Account is personal to You or Your organization, as the case may be, and agree not to provide any other person with access to the Services or portions of it using Your Account, user name, password or other security information. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record Your password or other personal information.
• MAP shall have the right to disable any Account, user name, password or other identifier, whether chosen by the Visitor or provided by MAP, at any time in its sole discretion for any or no reason, including if, in the opinion of MAP, the Visitor has violated any provision of the Terms. MAP shall not be responsible for any losses incurred or suffered by the Visitor on such suspension or termination of their Account.
• While registering and opening an Account, and / or while availing the Services, You shall provide true, accurate and complete information about Yourself or Your professional organization ("Registered Data") on the Website. If You provide any information that is untrue, inaccurate, not current or incomplete, or MAP has reasonable grounds to suspect that the Registered Data or any part thereof is untrue, inaccurate, not current, incomplete, not made in good faith, generated by an automated means or scripts, or otherwise violative of the Terms, MAP has the right to suspend or terminate Your Account, modify / withdraw/ remove the content and details submitted by You on the Website, and refuse to You any and all current or future use of the Website and/or any of the Services.
• The Visitor accepts that the Services shall be void where prohibited or restricted by Applicable Laws (defined below) or where bonding, registration, or other requirements would be required but have not been met.
• Notwithstanding anything else contained in these Terms, MAP shall be entitled to, at its sole discretion (including for reasons of software issues, network issues, technical glitches, etc.,) to nullify a Service or any part of the Services at any time, without prior notification or intimation to You.

3. SPECIFIC FUNCTIONALITIES AND PAID SERVICES

• MAP shall be entitled to, based on its own researches, case studies, and information procured from public sources (including from websites and content posted by the service providers themselves), set out lists of marketing service providers (which may be further classified or sub – categorised based on their territory of operation, practise sectors, fees charged etc.), and basic details about such service providers. Further, utilizing its specified algorithms, MAP shall also have the right to generate priority and ranking lists for service providers.
• Claim Your Agency: The service providers shall have the option to create an Account with MAP, and utilise the ‘claim your agency’ option. By availing this option, the service provider shall be entitled to modify, add, supplement, or alter details about itself which is present on the Website. However, MAP shall have the sole discretion, to revoke, modify, alter, withdraw or remove any content that it has posted, based on its own independent research, on any service provider, if such service provider does not opt for the ‘claim your agency’ option. It is clarified that a service provider shall not be entitled to delete its listing on the Website, irrespective of whether it has exercised the ‘claim your agency’ option.
• Search Options: Any individual or entity can access the Website, without creating an Account, and make general searches within the Website for listings of service providers. While such searches shall generate and provide a few limited numbers of results, upon creation of an Account on the Website, the searches shall yield the full set of results. The service recipients or clients shall have the option to directly contact the service providers (based on contact information provided on the Website), or generate a request for interest / proposal through the Website, whereupon the interested service providers shall be able to respond. The clients or service recipients shall have the option to generate requests for interest or requests for proposal, on an anonymous basis, or provide brief or exhaustive details. If the details provided in the request for proposal is incomplete, insufficient or inaccurate, MAP reserves the right to deny to process the request, and take any further actions with respect to the request.
• Sponsor Packages: The service providers shall be entitled to select and become a sponsor, based on the various sponsor packages offered by MAP, including packages customised on geographical locations, and other factors, after paying the corresponding premium for the package. Each of the sponsor packages shall have different benefits, payment rates and terms and conditions applicable. Please click here to view the different packages being offered by MAP. Depending on the package chosen, the service provider shall be provided, (i) priority while appearing in the search results generated on the Website, and (ii) shall be entitled to post and publish content on the blog within the Website. MAP shall be solely entitled to determine, discontinue, introduce packages, or change and vary the perks, payment rates and other classifications of the sponsor packages that it offers, from time to time.
• Bid4Work Option: The service providers shall have an option to separately register to bid4work, with a onetime registration fee. If the service provider is already a verified entity by MAP, additional verification expenses shall be waived by MAP, otherwise, the registration charges shall also include additional verification expenses. The service provider shall thereafter be required to purchase (by way of payment) any one of the several packages available under the bid4work option, with each package providing specified number of bid points to the service provider. A bid4work registered service provider shall be entitled to respond to requests for proposals raised by clients based on the number of bid points they have. The bid points shall correspondingly reduce with each response to the client by the service provider. The number of bid points required to respond to each request shall depend upon the client, quality and budget of the request for proposal. The option shall initially comprise of 1 point for responding to 1 proposal, however, this may be changed by MAP at any time, at its sole discretion. Upon generation of a request for proposal by a client, MAP shall send the request inter alia to the registered bid4work service providers, who shall be required to respond to MAP with their bids within the stipulated time. The service providers shall have the sole discretion to accept or reject to respond to the request for proposal. The first 15 (fifteen) service providers who respond to the request for proposal shall be provided with an opportunity to respond to the client. However, it is clarified that the number of first responders may be amended from time to time by MAP. Once the specified number of responses are received by MAP, the bidding process shall cease and further bidding shall not be allowed. It is clarified that MAP shall be entitled to send the responses from, (i) the first 15 (fifteen) bidders who responded , and (ii) the top 3 (three) service providers with the highest MAP score in such relevant category (whether registered with bid4work option or not). The client shall choose the preferred service provider at its sole discretion, and MAP does not guarantee, in any manner, a response (favourable or otherwise) from the client. The client shall have the option to shortlist the required service providers, or designate the required service providers as a favourite, upon which the contact details and the lead details of the service providers (along with an option to send a message to the service provider) shall be provided to the client. If the client would like to receive more responses, the client shall be entitled to opt to receive more options, upon which the relevant link shall get activated once again, and registered bid4work service providers shall be allowed to respond as if responding to a new request for proposal. In such instances where the client opts to receive more responses, the requests shall only be shared with the registered bid4work service providers. MAP shall also have no control over the authenticity, completeness, accuracy or truthfulness of the potential transaction, the details provided in the request for proposal by the client, and further, shall not be able to guarantee any response from the client.
• Once payment is made by the Visitor to avail any premium or paid Services through the Website, the Visitor shall not have the right to cancel and redeem, or require a refund of the payments already made by him, irrespective of whether he avails or does not avail the Services for which the payments were made.
• The Website’s Services are limited to enabling and assisting in connecting a service provider and a service recipient. Once the parties select or identify the service provider or service recipient of their choosing using the Services, the parties shall then be required to proceed with the transaction, on an exclusive basis (either through a private contract, service agreement etc.) with each other, without the assistance or involvement of MAP. MAP shall have no control or discretion in the further transactions that may ensue between the parties, and hereby expressly disclaim all liabilities, representations, warranties, or obligations in that regard. The parties shall be required to do their own due diligence and evaluation of each other, and cannot solely rely on the information available on the Website to enter into a contract with each other.
• In the event any Services,require or result in a transaction with a third party (including payment service providers), the Visitor agrees to abide by the terms of use, and other relevant instructions,or agreements executed with,such third party service provider(s). The Visitor shall be solely responsible for any payments made from his bank account in this relation. MAP shall not be a party to such transaction or agreement, and shall not be responsible for any actions or omission, claims of misconduct, fraud or negligence pertaining to the transaction. MAP accepts no obligation and responsibility for the use of the payment option by the third party service provider.
• It is clarified that MAP does not endorse, guarantee or recommend any of the service providers listed on the Website. MAP does not receive any commissions from any of the service providers listed on its Website, in the capacity of a broker, agent, representative or otherwise. The final discretion to send responses from service providers to clients shall only be on MAP. MAP shall have no liability or responsibility to any Visitor, in relation to the priority in which it sends responses to clients, or in relation to the selection criteria adopted by it to select responses which shall be sent to the client/ against a request for proposal.
• You acknowledge and agree that MAP shall have the sole discretion to change any rates of payment as applicable to its paid Services, at any time, without prior notification or intimation to You. MAP shall, at its sole discretion, determine and finalise, rates as applicable to different territories, for the same or identical Services. Further, MAP shall have the sole discretion to change or alter any algorithms or eligibility or selection criterion adopted by it, in relation to the Services, without prior notification or intimation to You. MAP shall be entitled, at any time, to change a free Service to a paid Service.

4. REPRESENTATIONS AND COVENANTS OF THE VISITOR

• Each Visitor who avails the Services, represents that he is an Indian resident or a person resident in India as per the applicable laws, and is above 18 years of age.The services offered through our Website are limited to Indian residents. If You are accessing our Website or availing or providing Services through our Website, from outside India, please note that Your access and use of the Website and Services shall be governed by the applicable laws in India. You further covenant and represent that You have waived any claims, rights and remedies that You may have against us, in this regard, under laws applicable to the territory from which You may be availing or providing Services.
• The Visitor agrees and undertakes not to sell, trade, resell or exploit for any commercial purposes, any portion of the Services. The Visitor further agrees and undertakes not to copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, transfer, or sell any information, software, products, Services or intellectual property obtained from the Website in any manner whatsoever, other than in the manner permitted under these Terms.
• The Visitor represents that he shall not use the Website or its Services for any illegal purposes as per the Applicable Laws.

5. DISCLAIMER OF WARRANTIES

• MAP has endeavoured to ensure that all the information provided by it on the Website (including User Generated Content/UGC, which is defined below) is correct, but MAP neither warrants nor makes any representations regarding the quality, accuracy, authenticity or completeness of any data or information displayed on the Website. MAP makes no warranty, express or implied, concerning the Website and/or its contents, and the Services, and disclaims all warranties of fitness for a particular purpose and warranties of quality, accuracy, reliability, suitability, merchantability, non – infringement, and title, in respect of any information (including UGC) available on the Website, the Services, and the verification / authenticity of the service providers and clients listed on the Website, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any Visitor or any other person, arising out of or from the use of any such information (including UGC) as is displayed or communicated through or on the Website, or the Services offered through the Website.
• By availing the Services, parts of which may be provided by a third party, the Visitor agrees that any information provided by the Visitor or collected by the third party in connection with the Services may be used by the third party in accordance with their terms of use and privacy policy.
• The Visitor further agrees that any information provided by the Visitor in connection with the Services may be used by MAP in accordance with these Terms and the Privacy Policy.
• In no event shall MAP be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (i) the use or the inability to avail the Services; (ii) unauthorized access to or alteration of the Visitor's Account, transmissions or data; (iii) any other matter relating to the Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with availing of the Services; or (iv) performance of any services offered or promised by a client or service provider through the Website.
• MAP shall not be responsible for the delay or inability to avail the Services on the Website, the provision of or failure to provide the Services, or for any information, software, products, Services obtained from MAP through the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, MAP shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any other reason whatsoever. The Visitor understands and agrees that any material and/or data downloaded or otherwise obtained from MAP through the Website is done entirely at his discretion and risk, and he will be solely responsible for any damage to his equipment including a phone, internet access, etc., or any other loss that results from such material and/or data.
• MAP shall not be responsible for, and expressly disclaims, any loss of profits, revenues, reputation, business opportunities, adverse impact or consequential losses, arising from a review, rating, or feedback provided on the Website in relation to a service provider by a Visitor, or arising from a UGC posted on the Website.
• These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (i) breach of contract, (ii) breach of warranty, (iii) negligence, or (iv) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.

6. LINKS TO OTHER SITES

• The Website may contain links to other websites or may contain features of any nature of other websites on the Website ("Allied Sites"). The Allied Sites are not under the control of MAP, and MAP is not responsible for the contents of any Allied Site, including without limitation any link or advertisement contained in the Allied Site, or any changes or updates to the Allied Site.
• MAP is not responsible for any errors, inclusions, omissions or representations on any Allied Site, or on any links contained in the Allied Site. MAP does not endorse any advertiser on any Allied Site or on any link contained in the Allied Site, in any manner. The Visitor is requested to verify the accuracy of all information on his own before undertaking any reliance on such information.

7. USER GENERATED CONTENT

• MAP allows the Visitors topost, transmit, publish, disclose, rate, review, or store content, messages, text, images, applications, or other data or materials on the Website, including on its blogs(“User Generated Content/UGC”).
• Unless prohibited by Applicable Law, any UGC generated, posted or published by the Visitor voluntarily on the Website for public access and availability, and any other information or content that it may have provided to MAP with an express consent for public consumption (either in accordance with these Terms or the Privacy Policy) constitutes the Visitor’s permission and license granted to MAP to display such content, through the Website, or otherwise for marketing, promotional and advertisement purposes, in perpetuity, in any manner that MAP deems appropriate, without any compensation to such entrant or any approval rights, notifications, or permissions. The Visitor shall however be entitled to revoke any consent already provided to MAP, and MAP shall take all reasonable efforts, subject to the Privacy Policy, to remove, alter or withdraw such content from the Website, within a reasonable period of time, or till the cache associated with the search option is refreshed.
• Unless otherwise agreed to in a written agreement between the Visitor and MAP, that was signed by an authorized representative of MAP, and notwithstanding any other provisions of these Terms, by publishing, posting, displaying, submitting and/or uploading any of his/its UGC in connection with the Services, the Visitor grants to MAP and its sub-licensees,a permanent, irrevocable, royalty free, non-exclusive and fully sub-licensable right and license, without any territorial or time limitations, and without requiring any approvals, intimation, and/or compensations from the Visitor, to use, copy, modify, reformat, adapt, publish, translate, edit, dispose, create derivative works of, distribute, perform and publicly display such UGC (in whole or in part), and/or incorporate such UGC, or redistribute, promote or provide the Services, into or through existing or future formats/mediums of work, media or technology.
• The rights granted by the Visitor to UGC shall terminate generally upon closing of the Visitor’s Account, except in relation to, (i) use for promotional purposes; and / or (ii) for the reasonable time it takes to remove from the backup and other systems of MAP.
• The Visitor shall be solely responsible for his UGC and the consequences ofposting, uploading, publishing, transmitting, disclosing or otherwise making available his UGC on the Website. The Visitor understands and acknowledges that he is responsible for any UGC he may submit or contribute, including its legality, reliability, accuracy and appropriateness. MAP is not responsible, or liable to any third party, for the content or accuracy of any UGC made available by the Visitor or any other user of the Website/ Services. MAP does not control the UGC provided or contributed by the Visitor, and MAP does not make any guarantee whatsoever related to UGC submitted or contributed by the Visitor. Although MAP sometimes review UGC provided or contributed by the Visitors, MAP is not obligated to do so. Under no circumstances shall MAP be liable or responsible in any way for any claim related to UGC provided or contributed by the Visitors.
• You further agree that the UGC You provide to MAP will not contain third party copyrighted material, or material that is subject to third party proprietary rights, unless You have permission from the rightful owner of the material, or You are otherwise legally entitled to provide the material and to grant to MAP all of the license rights granted herein.
• MAP does not endorse any UGC by any user except as provided for under these Terms, or any opinion, recommendation, or advice expressed therein, and MAP expressly disclaims any and all liability in connection with UGC. You agree that UGC consists of opinions from third parties, and may contain inaccuracies.
• MAP shall have the unconditional right and authority, among other things, to use any UGC and content for marketing and advertising purposes without any monetary obligations or any liabilities being incurred by MAP.

8. PROHIBITED CONDUCT

• You acknowledge and understand that You are prohibited from modifying the Services or eliminating any of the content available on the Website or of the Services, other than in the manner expressly permitted under this Agreement.
• You agree that You will not use or attempt to use any method, device, software or routine to harm others or interfere with the functioning of the Website and / or Services, or use and/or monitor any information in or related to the Services, for any unauthorized purpose. Specifically, You agree not to use the Website, or avail the Services to:
  • Violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so;
  • Post or submit any content that is untrue, or misrepresentative,or that could damage the Services, the Website, or MAP, or any third party, or is unlawful, pornographic, defamatory, libellous, obscene, threatening, harassing, discriminatory, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or Government of India's guidelines ("Applicable Laws"), or that infringes or violates other parties' intellectual property rights or links to infringing or unauthorized content;
  • Post any content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation, other than as expressly permitted under these Terms;
  • Deploy or use programs, software or applications designed to harm, interfere with the operation of, or access in an unauthorized manner, services, networks, servers, or other infrastructure;
  • Embed, re-publish, maintain and/or display any Website content on any web site or other Internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, libellous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive;
  • Exceed Your authorized access to any portion of the Services;
  • Collect or store personal data about anyone, except as expressly permitted under these Terms;
  • Obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Services and the Website;
  • Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
  • Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services without MAP’s prior written consent;
  • Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without MAP’s prior written consent;
  • Copy, duplicate, license, sell (including to a competing entity), display, transmit any information obtained in the course of accessing the Website or availing the Services, whether that of MAP or any other third party, without the express authorization from MAP or such third party, unless expressly permitted under these Terms;
  • Unduly influence any individual / entity, or coerce, or provide incentives, to submit / post prejudicial, false or inaccurate reviews and other content on the Website;
  • Introduce or upload any viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files or any other similar software, program or material which is malicious or technologically harmful or that may damage the operation of another’s property or of the Services; or
  • Remove any copyright or other proprietary notices from the Website, or the Services, or any of the materials contained therein.

9. CONTENT REVIEW AND TERMINATION

• MAP shall have the right to:
  • Remove any UGC You provide or contribute to the Website or in relation to the Services, for any or no reason at its sole discretion;
  • Take any action with respect to any UGC provided by the Visitor that MAP deems necessary or appropriate in its sole discretion, including if MAP believes that such UGC violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for MAP;
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services;
  • Terminate or suspend Your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms;
  • To maintain the Services in a manner MAP deems appropriate and to the maximum extent permitted by applicable laws, but MAP will not have any obligation to, review, monitor, display, reject, refuse to post, store, maintain, accept or remove any UGC posted by You, and MAP may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to You or any third party in connection with the operation of the Services in an appropriate manner. Without limitation, MAP may do so to address UGC that comes to its attention that MAP believes is offensive, obscene, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable additional terms.
• Without limiting the foregoing, MAP shall have the right to fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or other information of anyone providing any UGC on or through the Services.
• MAP shall assume no liability for any action or inaction regarding transmissions, communications or UGC provided by any user or third party.

10. VISITOR'S OBLIGATIONS

• The Visitor's rights on the Website and in relation to the Services, are conditioned upon compliance with each of the following:
  • The Visitor will not provide false information about him or anyone else (including, without limitation, if and when the Visitor is being asked on the Website to provide accurate information about the Visitor's age), and the Visitor will not impersonate or appear to impersonate anyone else or otherwise misrepresent the Visitor's affiliation with any person or entity;
  • The Visitor will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Website (or any parts thereof);
  • The Visitor will abide by all copyright notices, information, restrictions contained in or associated with any of the Website content;
  • The Visitor will not remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed on the Website;
  • The Visitor will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geo-filtering and/or encryption) associated with the Website;
  • The Visitor will not use any of the rights granted to him or any of the Website content in a manner that suggests an association with any of the Website's Services or brands, unless otherwise specifically permitted by MAP;
  • The Visitor will not do anything on the Website that would prevent other users' access to or use of the Website, Services or any part thereof;
  • The Visitor, upon a request from MAP, shall provide all the necessary documents to show his proof of residency in India.
• The Visitor represents and warrants that he has the power and authority to execute, deliver and perform his obligations under the Terms and all necessary corporate, shareholder and/or other actions have been taken by him to authorize such execution, delivery and performance, on behalf of himself, or on behalf of any organization/entity the Visitor represents, and that the Terms constitutes its legal, valid and binding obligation, enforceable in accordance with its terms. In the event of any change in designation, or termination of You by Your organization, You shall promptly intimate and / or update such events to MAP, or on the Account. The execution, delivery and performance of his obligations under the Terms does not and will not contravene any laws, regulation or order of any authority or other official body or agency or any judgment or decree of any court having jurisdiction over it or conflict with or result in any breach or default under any document binding upon him or the organization / entity he represents.
• The Visitor represents and confirms that he is not a person barred from accessing and using the Website and availing the Services under the laws of India or other Applicable Laws.
• The Visitor acknowledges and agrees that as between MAP and the Visitor, MAP owns all right, title and interest in the Services and the Website; and nothing in this Terms shall confer on the Visitor any license or right of ownership in MAP’s intellectual property rights and/or the Website or its contents.
• To avail a Service through the Website, the Visitor has and must continue to maintain at his sole cost:
  • All the necessary equipment including a phone, internet access, etc. to access the Website and/or avail the Services; and
  • Own access to the World Wide Web. The Visitor shall be responsible for accessing the Website and/or availing the Services which may involve third party fees including, airtime charges or internet service provider's charges which are to be exclusively borne by the Visitor.
• The Visitor also understands that the Services may include certain communications from MAP as service announcements and administrative messages. The Visitor understands and agrees that the Services are provided on an "as-is-where-is" basis and that MAP does not assume any responsibility for deletions, mis-delivery or failure to store any Visitor communications or personalized settings.

11. LICENSE AND PROPRIETARY RIGHTS

• Subject to the Terms, MAP hereby grants to the Visitor, if and only to the extent the necessary functionality is provided to the Visitor on or through the Website or while availing the Services, the following limited, revocable, non-exclusive, non-transferable, non-assignable, royalty-free rights and licenses, limited to the territory of India (each a "License"):
  • The License to access, view and otherwise use the Website (including, without limitation any information or Services provided on or through the Website) for the personal and lawful use by the Visitor, in the manner permitted under these Terms,and as intended through the normal functionality of the Website; and
  • The License to use any other functionality expressly provided by MAP on or through the Website for use by Visitors, subject to the Terms.
• The content of the Website and all copyrights, patents, trademarks, service marks, trade names, software codes and all other intellectual property rights therein, whether registered or unregistered, are owned by MAP and are protected by applicable Indian and international copyright and other intellectual property laws. The Visitor acknowledges, understands and agrees that he shall not have, nor be entitled to claim, any rights in and to the content of the Website and/or any portion thereof, unless expressly permitted under these Terms, or provided by the Visitor.

12. COMPLAINTS AND REPORTING

The Visitor may notify MAP of any complaints in relation to the Services or the Website, by contacting it at: [•].

13. TAXES

• The Visitorshall be responsible and liable for all taxes in connection with any cash payments made by him.
• The Visitor hereby consents and agrees that MAP may withhold any such amount from his Account, or deduct such amounts from his payment cards, that any tax authority requires MAP to do so, or MAP is otherwise required by law or pursuant to agreements with any tax authority to do so, or if MAP needs to comply with internal policies or with any applicable order or sanction of a tax authority.You further authorize MAP to deduct such taxes with retrospective effect to comply with the tax laws.
• MAP shall have the option to store and continue billing Your payment method (e.g. credit card) until You expressly cancel or opt out of such package, to avoid interruptions in Your Services.

14. CONFIDENTIALITY

• MAP and the Visitor hereby agree to keep the data, information and terms of the Account, and any non – public details,or details specifically designated as confidential or proprietary, disclosed or provided in relation to the Services, either from MAP or from third parties through the Website ("Confidential Information") confidential and shall not disclose the same without the consent of the other. Any Confidential Information provided to the recipient, through the Website, shall be used only for the purposes for which it was disclosed. The recipient of the Confidential Information shall take all reasonable measures to prevent any unauthorised leak, breach or disclosure, by itself, or any of its employees, agents or representatives. In the event of any unauthorised disclosure or breach of the Confidential Information by the recipient, the recipient shall promptly inform MAP and the discloser about the same.
• However, it is clarified that MAP expressly disclaims any and all liabilities, claims, damages and losses, arising from or attributable to, an unauthorised breach, disclosure, or leak of Confidential Information, either by itself, or through any third parties on the Website.
• The parties shall not be liable for breach of the above clause when the Confidential Information is disclosed pursuant to an order of any court or government authority and/or in performance of this contract by MAP and/or when the parties independently obtain it from a third party.

15. BREACH

• Without prejudice to the other remedies available to MAP under the Terms or under Applicable Law, MAP may limit the Visitor's activity, warn other Visitors of the Visitor's actions, immediately temporarily / indefinitely suspend or terminate the Visitor's registration/ Account/ availing or providing of services through the Website, and/or refuse to provide the Visitor with access to the Website / Services if:
  • The Visitor is in breach of these Terms and/or the documents it incorporates by reference; and
  • MAP believes that the Visitor's actions may infringe on any third-party rights or breach any Applicable Law or otherwise result in any liability for the Visitor or other Visitors of the Website.
• MAP may at any time in its sole discretion reinstate suspended Visitors. Once the Visitor has been indefinitely suspended, the Visitor may not register or attempt to register with MAP or use the Website / avail the Services in any manner whatsoever until such time that the Visitor is reinstated by MAP. Notwithstanding the foregoing, if the Visitor breaches the Terms or the documents it incorporates by reference, MAP reserves the right to recover any amounts due and owing by the Visitor to MAP and to take strict legal action as MAP deems necessary.
• MAP is under no obligation to enforce any of these Terms on Your behalf.

16. TERMINATION

• Either the Visitor or MAP may terminate this Agreement with or without cause at any time to be effective immediately.
• The Visitor agrees that MAP may without prior notice, immediately terminate the Visitor's Account and access to the Website and the Services. Causes for termination may include, but shall not be limited to, breach by the Visitor of this Terms of Use, requests by enforcement or government agencies, and/or requests by the Visitor.
• This Agreement may be terminated by the Visitor by discontinuing the use of the Website and / or the Services. MAP shall not be liable to the Visitor or any third party for termination of the Agreement. Should the Visitor object to any Terms or becomesdissatisfied with MAP in any way, the Visitor's only recourse is to immediately discontinue the use of the Website and / or the Services.
• Upon termination of this Terms of Use, the Visitor's right to use the Website and Services shall immediately cease, and the Licenses granted herein shall stand revoked. The Visitor shall have no right and MAP shall have no obligation thereafter to execute any of the Visitor's uncompleted tasks or forward any unread or unsent messages to the Visitor or any third party. Once the Visitor's registration or the Services are terminated, cancelled or suspended, any data that the Visitor has stored on the Website or on his Account may not be retrieved later.

17. RELATIONSHIP

None of the provisions of the Terms, notices or the right to use the Website / Services by the Visitor contained herein or any other section or pages of the Website and/or the Allied Sites, shall be deemed to constitute a partnership between the Visitor and MAP, and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website / Services, the Visitor authorizes MAP and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the Visitor shall be deemed to have appointed MAP and its agents as his agent for this purpose.

18. INDEMNIFICATION

The Visitor agrees to indemnify, defend and hold harmless MAP, and its directors, officers, employees, agents, third party service providers, and any other third party providing any service to MAP in relation to the Services, whether directly or indirectly, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by MAP that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any terms of the Terms including any representation, warranty, covenant or agreement made or obligation to be performed by the Visitor pursuant to the Terms, or any User Generated Content provided by the Visitor.

19. LIMITATION OF LIABILITY AND INJUNCTIVE RELIEF

• The Visitor understands and expressly agrees that to the extent permitted under Applicable Laws, in no event will MAP or any of its affiliates or any of its officers, employees, directors, agents be liable to You or anyone else under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from the Visitor’s use (or the use of anyone using an account registered to the Visitor) of the Website, Services, or any parts thereof.
• The Services provided by MAP are ‘as is’, and MAP does not provide any warranties in relation to the Services. MAP does not guarantee that the Services shall meet the Visitor’s requirements, or shall be free of error, and interruptions. MAP does not guarantee that the Services shall be accessible at all times.
• Notwithstanding anything to the contrary herein, the Visitor hereby irrevocably waives any right or remedy to seek and/or obtain injunctive or other equitable relief or any order, and/or to enjoin or restrain or otherwise impair in any manner, the Website and provision of the Services by MAP.
• The Visitor’s sole and exclusive remedy for any dispute with MAP shall be to discontinue the use of the Website and the Services. In any event, the liability of MAP for any and all claims relating to the Services/Website shall not exceed the total payments that may have been made by the Visitor in the past 3 (three) months immediately preceding the event giving rise to the dispute.

20. FORCE MAJEURE

MAP shall not be liable for any failure to perform any of its obligations under the Terms or provide the Services or any part thereof, if the performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.

"Force Majeure Event" means any event due to any cause beyond the reasonable control of any Party, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, pandemic, flood, explosion, acts of God, civil commotion, riots, insurrection, war, acts of government.

21. SEVERABILITY AND ASSIGNABILITY

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision, and the remaining part of such provision and all other provisions of the Terms shall continue to be in full force and effect.

You shall not assign, transfer or novate any of Your rights and obligations contained herein to a third party, without the prior written permission of MAP. MAP shall be entitled to freely transfer, assign or novate all or any of its rights and obligations contained herein to a third party, without prior notification, or approval from You.

22. NOTICES

• All notices and communications from the Visitor to MAP in relation to the Website and/or any of the Services (including those termination of any of the Services etc.) shall be in writing. The Visitor shall be deemed to have been given a notice if sent by an email or posted within the Website.
• Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.

23. ENTIRE AGREEMENT

The Terms along with the Privacy Policy, constitute the entire agreement between MAP and the Visitor, and supersedes and extinguishes all previous agreements, promises, assurances, representations, warranties and undertakings, whether written or oral.

24. COMMUNICATION BETWEEN US

• If You wish to contact MAP in writing, or if any condition in the Terms requires You to give MAP notice, You can send an e-mail to [■] or to such e-mail address that may be communicated to You from time to time. MAP will confirm receipt of this by contacting You in writing by e-mail.
• If MAP has to contact You or give You notice in writing, MAP will do so by in-Website chat, e-mail, or SMS to the mobile phone number or email address You provided to us in Your request in the Website.

25. GOVERNING LAW

The Terms shall be governed in accordance with the laws of India and any disputes arising out of or in connection with the Terms shall be subject to exclusive jurisdiction of courts in Ernakulam, Kerala.