TERMS AND CONDITIONS
This Service Agreement, hereinafter called the ‘Agreement’ is entered into between Addmax International Info Services Private Limited, SL Tower, Greater Noida, Uttar Pradesh - 201308, India, hereinafter called the ‘company’ and a ‘user’, hereinafter called as such, as the person who purchases any of the packages on offer by the company and hence is deemed as the company’s registered user. The expression ‘user’ shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include the registered user’s legal successors.
This Agreement comes into effect from the date of purchase by a registered ‘user’ of any of the available packages on offer by the company.
The company is engaged in the business of Information and Technology Services. The company is registered as per the laws of India. Both user and the company hereinafter will be individually and/or collectively called ‘party’and/or ‘parties’, respectively. This Service Agreement expressly and by way of all implications, both directly and indirectly, relates and is in reference to the company’s website www.addmaxzone.com. The aforesaid website comprises the company’s entire spectrum of its business/es and/or its operations which are displayed for the purpose/s of its customers and/or its users.
By way of this Service Agreement the registered user agrees to and will comply with the following.
- The registered user of company’s website is at least 18 years of age and he or she is competent, of sound mind, can exercise his or her own volition and/or has the authority to enter into this Agreement.
- The user will use this website in strict compliance with Indian laws as provided on the subject.
- The user on being registered on the site of the company and hence with the company agrees that this Service Agreement is binding on him or her and is hence enforceable against him or her.
- To the extent an individual user is accepting this Agreement on behalf of an entity that has entered into the Agreement with the company, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity.
- The user, after having registered himself or herself with the company, engages in the business of the company as per details entered by him or her into the online registration form provided for the purpose on the company’s site.
- The user is desirous of engaging the company for his/her business requirements which include digital marketing and e-commerce and such related and more of other activities.
- This Agreement is valid with regards to the existing services as mentioned and displayed online on the company’s website www.addmaxzone.com.
- This Agreement is effective from the date of purchase by a registered user of any of the company’s available packages and replaces all previous versions of the Agreement, if any.
Whereas the company
- is engaged in the business of Online promotional Services and is the owner of the software being used related for the same.
- uses original software and business methods to provide IT/ITES services to its customers.
- believes the representations and covenants made and agreed upon by the user herein to be true and correct, the company has accepted the offer to render its services to the user, subject to the terms and conditions as set forth in this Agreement.
- The company always maintains confidentiality of member’s information and does not publicize it.
- Any grievance of the user would be resolved by the company within 3 working days.
- No user is allowed to defame or use company’s name to carry on any activity on its behalf without prior information to the company and seeking due permission from the company.
- A member is solely responsible for the earnings or loses of any kind on arising due to joining the company. No one can hold the company liable for any direct or indirect losses occurring to a user due to his participation in the membership program or daily tasks offered by the company.
- Refund can be made after deducting the cancellation charges within 10 days of making payment. Post 10 days after making payment no amount can neither be claimed by nor will be refunded to the user under any circumstances.
- It is mandatory for every member to have a PAN card to receive earnings from the company. A user can avail maximum three membership ids against one pancard.
- Providing appropriate documents and uploading clearly legible documents is the sole responsibility of the user. Any misunderstanding/loss arising due to improper documents provided by the user will not be a liability on the company.
- Registration of a user does not imply automatic activation of the user’s account. Activation is done only after the full payment made by him is approved/accepted by the company.
- KYC should be updated by the user to start receiving the income/earnings out of tasks completed by him. A Photograph of the user, Pancard, Aadhar card/Passport/Voter ID/Passbook with Photo etc. are documents required to serve the purpose.
- Daily task earnings can be availed daily/weekly/monthly as per user’s choice.
- Promotional Income will be credited weekly. Only those users who have completed 10 days as an active member will be part promotional income calculations.
- Promotional income is qualified to be awarded when all the members present in the particular team are active members.
- A Digital Marketing Package purchased by the member can be upgraded to any other package of a higher cost only. However it cannot be downgraded to a lower cost package.
- Promotional income is calculated as a percentage of the value which is the matching business value between the Right and Left sides of a particular user.
- Bonus work: The number of tasks assigned to a parent user get doubled only if: a. A member creates two active users directly under him within 20days of his joining date; AND b. Both the new users purchase packages of value either equal to or greater than the value of package purchased by the parent user;
- Member has to create campaign wherein he has to mention a website link or his facebook page link which he wants to be promoted in the company website. However the responsibility of the content of the links provided entirely lies with the member. Illicit content and pornography of any kind is strictly prohibited by the company. Any user who is found guilty of violation of this condition shall get his account terminated immediately without being paid any amount or prior notice.
- The cost of plans and tasks can be revised by the company from time to time. The active users will be duly informed about revisions/changes through the company’s website.
- Using unfair means or robotic entries can lead to termination of user’s account and no amount will be refunded to the defaulters.
- The obligations and liability of the company towards a member would cease in case of normal working is affected by wars, insurrections, riots, labour disturbances, strikes, civil commotion, sabotage, lockouts, go-slow, terrorist attack, fires, floods, power failures, Acts of God, act of public enemy, damage to machinery on account of accident or passing of any statutory order by the eligible authorities, prohibiting performance of such obligation by a competent authority; and restrictions as per laws of the land of any country affecting the performance of this agreement or any part thereof.
- Any prosecutions will be subjected to the jurisdiction of Courts of New Delhi alone to the exclusion of other courts.
- The decision of the company shall be final and binding on the user in case of any dispute.
- Users will be given daily task for only 5 days a week i.e. Monday to Friday. However, no task will be given on public/ gazette holidays.
- User can get chance to work on Saturday and Sunday to complete the work of any previous day’s missed work.
- Rs. 500 penalty has to be paid by the user if his cheque gets dishonored or bounces.
The Company’s Services
The Company provides its user an online system to promote his website among other users of the website only after receiving the full payment from the user. Additionally, Users will be given a system to perform daily tasks. The company would pay the users who complete their tasks within stipulated terms and conditions of the company. A user can also be allowed to add new user. The rates of daily task would be changeable depending upon business volume available to the company. The services of the company to a user would terminate without prior notice in case the user is found using unscrupulous means to do daily tasks.
The User’s commitment
The User shall abide by all of his/her obligations as set forth in the Agreement and perform tasks as per the terms and conditions of the Company. User shall provide his personal and bank details for verification purpose and payment disbursement respectively. The User will be responsible for securing his user name and password. Company shall not be liable for any misuse of his credentials if the users fails to maintain secrecy or if he deliberately shares userid/password with some third person.
Cancellation and Refunds
A new user can cancel his membership with the company within 10 days from the date of registration of his membership. He will be refunded his payments after deducting the applicable cancellation charges. Users surrendering their account after 10 days from the registration date will not be refunded the package amount. They will be paid the daily tasks income accrued till date. The company reserves the right to decide whether to pay fully or partially to such user depending upon the case.
REPRESENTATIONS AND WARRANTIES OF THE USER
No user is allowed to use company’s logos or trademark for any kind of commercial or personal use. User shall not in any manner cause public disrepute to the Company by any act of his. User agrees that he will not upload any objectionable content on to the company’s website using his account. User will not use company’s website to directly or indirectly transmit any content which is injurious, distressing, profane, derogatory, pedophilic, obscene, pornographic, slanderous, insidious of another’s privacy, vile, or ethnically, culturally objectionable, withering, linking or encouraging money laundering or gambling, or otherwise illegal in any manner. The user agrees to abide by the agreement’s terms and conditions which he comprehensively understands and has fully clarity of the same.
The user accepts that company is not responsible for the content displayed over third party links/websites. The user understands the risk of being exposed to any external website after being redirected to by clicking on links listed in user’s task list. The user acknowledges that company is not liable for the same.
The user will indemnify the company from and against any and all actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses including, without limitation, attorneys’ fees and disbursements relating to or arising out of any inaccuracy in or breach of the representations, warranties or covenants made by the user. Any negligence or deliberate misconduct by the user will be considered a breach of the agreement.
The Company makes no warranty, and expressly disclaims any obligation, that: -website is complete in all respects or is up to the mark as per user’s expectations -the company’s website would always run absolutely bug-free; -reports and outputs will always be flawless and consistent; -website contains no human errors or no developmental glitch or will not malfunction at any time; The company also disclaims any liability towards any loss/damage of any kind to the user resulting due to use of the company’s website. The user will hold company harmless if any kind of loss happens to him The user will not claim any damage or compensation from the company or its employees even if he faces any sort of interruption, error or difficulty while using the website. Nothing in this agreement will be construed as creating a partnership, agency or employment relationship between the company and the user. The user will not transfer his account and obligations pronounced under the company’s terms and conditions without informing to the company. However the company may assign its obligations without giving any prior information to the user and such activity by the company will not be considered as a change. In case company does not want to take any action on a defaulter user who breached any term of the agreement, then it should not be taken as a waiver of company’s action for similar offences by the same user or any other user. If any clause in the agreement doenot completely synchronizes with the law of the land then it would be still in force up to possible realms of permissibility by the law and other clauses in the agreement would continue to be valid and applicable.
Any event which is unforeseeable, external to the parties in contract and irresistible comes under this category. Such events include fire, earthquake, flood, epidemic, strike, lockout, labour controversy, riot, civil disturbance, war, civil commotion, acts of God, acts of public authorities that prevent or delay the performance of an obligation, changes in law, regulations, or the policies of the Government, or other regulatory authority acts which are beyond the control of the company or the user, or any other reasons which cannot reasonably be forecasted or provided against, and which cannot be predicted by men of ordinary prudence. In the event such Force Majeure Events continue for a continuous period of 1 (one) month, then the Company may, in its discretion, terminate this Agreement by giving a notice in writing to the user.
Limitation of liability:
None of the parties can be held liable for any deficiency or delay in performance or non-performance in part or whole of their respective obligations if such deficiency in performance, non-performance or delay is attributed directly or indirectly to
- fire, flood, power failures, Acts of God, act of a public enemy, civil commotion, sabotage, wars, insurrection, riots, labour disturbances, strikes, lockouts, go-slow, terrorist attack, damage to machinery on account of accident or
- passing of any statutory order by eligible and/or competent authority/ies, prohibiting performance of such obligation and restrictions from any country, the country of business or other countries, affecting the performance under this Agreement or any part hereof.
- The User can create his account by registering directly or through a sponsor (an existing user of the company’s website)
- User will be given access to an online interface in his account to access his daily tasks, related reports and online promotion of websites, facebook profiles etc.
- Permitting the Users to add new members.
- Allowing the users to upload KYC and Banking information for verification purpose.
- Users will receive updates and changes through the company’s website and/or sms alert on the registered mobile number.
The affected party shall bring to the notice of the other party such mishaps within reasonable period of time in an appropriate and clear manner leaving no room for ambiguity.Annexure 1
Company will provide following services to the Users :