The Listing Agreement (“Listing Agreement”) is entered into by and between RITSWORLD Business Solutions Private Limited, carrying out business in the name and seal of “DialJordan” (hereinafter referred to as “DialJordan”) and the Customer and sets forth the terms and conditions of Customer’s use of DailJordan’s listing services (the “Listing Services”), along with the order form (“DialJordan Order Form”). In cases of conflict, the Listing Agreement shall prevail.
By using the Listing Services, the Customer explicitly states that he has read, understood, acknowledged and agreed to be bound by all the terms and conditions of these Listing Terms and any new, different, or additional terms or conditions that DailJordan may establish from time to time at its sole discretion.
1. DESCRIPTION OF THE SERVICE
Through the Listing Services, DailJordan is providing the Customer with an opportunity to reach out to prospective consumers via the referrals provided by DailJordan through its website and mobile application.
2. LISTING SERVICES
The Customer will receive business requests from DailJordan on behalf of a prospective end user through DailJordan (hereinafter referred to as the “End Users”).
3. DISPLAY AND USE OF INFORMATION
3.1. The Customer hereby grants DailJordan a non-exclusive, royalty-free, worldwide right and license by all means and in any media to use, reproduce, distribute, modify for technical purposes, publicly perform, publicly display and digitally display any information provided by the Customer.
3.2. The Customer further grants DailJordan the right to distribute any information provided by the Customer to other third parties that wish to publish such information in accordance with terms established by DailJordan or to potential business leads from whom the Customer may receive service requests.
4. RESTRICTIVE COVENANTS, REPRESENTATIONS, WARRANTIES AND DECLARATIONS
4.1. The Customer acknowledges and agrees that in order for DailJordan to maintain the integrity of the Listing Services, the Customer is subject to these Listing Terms and such other terms and conditions as may be applicable.
4.2. DailJordan may, in its sole discretion, reject, cancel, or remove, at any time, information in relation to the Listing Services for any reason without prior notice to the Customer. DailJordan will not be liable in any way for any rejection, cancellation or removal of any information.
4.3. The Customer specifically covenants, represents and warrants that:
4.3.1. The Customer has all necessary authority to enter into this Agreement.
4.3.2. The Customer has the competence and are authorised to post information on the platform. For clarification of doubt, the Customer specifically represents and warrants that no information that the Customer advertises, promotes and/or shares with DailJordan infringes, misappropriates or otherwise violates any right, title and/or interest of any other person in any manner whatsoever;
4.3.3. the offers and promotions that are provided by the Customer shall be made available to the End User, who avails the instant offer/promotion
4.3.4. the Customer will comply with all applicable laws;
4.3.5. that all text, data and information submitted by the Customer for use and display is true, accurate, and complete;
4.3.6. any use and display of the information shall not:
220.127.116.11. infringe or violate any patent, copyright, trademark, service mark, trade secret, or other intellectual property right of a third party, including any right of privacy or publicity;
18.104.22.168. violate any central, state or foreign laws;
22.214.171.124. contain material that is pornographic, obscene, vulgar, defamatory, libellous, fraudulent, threatening, hateful, or racially or ethnically objectionable at the sole opinion of DailJordan;
4.3.7. none of the material, including but not limited to the Headings, the captions and pictures, shall:
126.96.36.199. be misleading and/or otherwise inaccurately reflect the product/service that is being promoted by means of this Listing.
188.8.131.52. condone or participate in any activities designed to harm minors in any way;
184.108.40.206. condone or participate in activities designed to impersonate the identity of a third party;
220.127.116.11. be likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity.
18.104.22.168. not contain third party advertisements, unless specifically allowed in writing by DailJordan.
4.4. Any promotions and coupon codes (including those which are not specifically provided by the Customer) that the Customer may offer should be accurate and functional.
4.5. The Customer understands, acknowledges, affirms and declares that the Customer agrees to any price modification that DailJordan may impose during the tenure of this contract. DailJordan has entered into this transaction relying on the due performance of this clause. For clarification of doubt, it is hereby stated such price modification shall not arbitrary and shall be only subject to external factors affecting the listing services. Additionally, DialJordan reserves the right to modify/amend the price of the Listing Services for any new transaction with an existing Customer and/or new Customer.
4.6. The Customer acknowledges, understands and affirms that responsibility and liability for any and all claims related to any information provided by the Customer in relation to the Listing Services.
4.7. The Customer acknowledges, understands and affirms that DailJordan shall have no liability for any and all claims that relate to any information, copy, data or text that is submitted.
4.8. DailJordan does not make any representation, warranty, covenant and/or guarantee with regard to any effects, benefits and/or consequences that the Customer may derive and/or suffer from any information provided by the Customer and/or the Listing Service.
4.9. The guidelines laid down in this clause 4 shall apply even in cases any alterations, amendments or modification to any information provided by the Customer.
5.1. The Customer acknowledges and agrees that any advertising on the mobile application and/or website run by DailJordan may contain advertisements, offers, or other links to other websites and resources of third parties that may or may not be the Customer’s competitors.
5.2. Any information provided in any third party advertisements may or may not be or remain wholly accurate.
5.3. The Customer acknowledges, understands and affirms that DailJordan is not responsible or liable for:
5.3.1. the availability or accuracy of such sites or resources; or
5.3.2. the content, advertising, or products or services on or available from such sites or resources.
6. TERM AND BILLING.
6.1. All fees are non-refundable, in whole or in part, even if the Customer’s business is suspended, cancelled or transferred.
6.2. At DailJordan’s option, DailJordan may require that the Customer pay fees through a particular payment means (such as by credit card or wire transfer) or that the Customer changes from one payment provider to another.
7. CANCELLATION; TERMINATION.
7.1. DailJordan may, at any time, terminate the Listing Services, terminate this Listing Agreement or disable or take down any information displayed, subject to reason provided to the Customer.
7.2. DailJordan will notify the Customer of any such termination or cancellation which shall be effective immediately.
7.3. DailJordan reserves the right to immediately terminate this Listing Agreement without prior notice if the Customer’s use of the Listing Services results in, or is the subject of, legal action or threatened or proposed legal action, against DailJordan or any of its affiliates, without consideration of whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit, or if the Customer breaches any of the covenants, representations and warranties that the Customer has made by the virtue of this Agreement.