Terms and Conditions

Terms Of Use For Information Dissemination

This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of Global Mandee’s service via Global Mandee Portal. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.

YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between you (“you” or “your”) and Global Mandee Limited, a company incorporated under the Companies Act 1956 with its registered office at Building M, 501-B, Palm Court Complex, Besides Goregaon Sports Club, New Link Road, Malad (W), Mumbai 400 064 (“Global Mandee” “we,” or “our”) that governs your use of the search services offered by Global Mandee through its website http://www.globalmandee.com (“Website”), telephone search, SMS, WAP or any other medium using which Global Mandee may provide the search services (collectively “Platforms” ). When you access or use any of the Platforms you agree to be bound by these Terms and Conditions (“Terms”).

CHANGES: We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.

HOW YOU MAY USE OUR MATERIALS: We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively “Materials”) for the search services on the Platforms. We provide the Material through the Platforms FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.

While every attempt has been made to ascertain the authenticity of the Platforms content, Global Mandee is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to decisions based on the content in the Platforms which results in any loss of data, revenue, profits, property, infection by viruses etc.

Accordingly, you may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to Global Mandee.. You may not use the Platforms or any of them to compile a collection of listings, including a competing listing product or service. You may not use the Platforms or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by Global Mandee, its subsidiaries, parent companies, and/or any third party owner of such rights.

HOW YOU MAY USE OUR MARKS: The Global Mandee company names and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from Global Mandee or it’s wholly owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials on any of the Platforms must bear any copyright, trademark or other proprietary notice located on the respective Platforms that pertains to the material being copied. You are not authorized to use any Global Mandee name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Global Mandee. Requests for authorization should be made to support@globalmandee.com

HOW WE MAY USE INFORMATION YOU PROVIDE TO US: Do not send us any confidential or proprietary information. Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and nonproprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.

REVIEWS, RATINGS & COMMENTS BY USERS:

Since, Global Mandee provides information directory services through various mediums (SMS, WAP, E-Mail, Website, APP and voice or phone), your (“Users”) use any of the aforementioned medium to post Reviews, Ratings and Comments about the Global Mandee services and also about the Advertiser’s listed at Global Mandee is subject to additional terms and conditions as mentioned herein.

You are solely responsible for the content of any transmissions you make to the Site or any transmissions you make to any mediums offered by Global Mandee and any materials you add to the Site or add to any mediums offered by Global Mandee, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you(the “Communications”). Global Mandee does not endorse or accept any of your Communication as representative of their (Global Mandee) views. By transmitting any public Communication to the Site, you grant Global Mandee an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.

You confirm and warrant that you have the right to grant these rights to Global Mandee . You hereby waive and grant to Global Mandee all rights including intellectual property rights and also “moral rights” in your Communications, posted at Global Mandee through any of mediums of Global Mandee. Global Mandee is free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by your Friend’s tagged by you. Also Global Mandee reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.

Global Mandee has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. Global Mandee cannot review all Communications made on and through any of the mediums of Global Mandee. However, Global Mandee reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which Global Mandee in its sole discretion deems inappropriate, offensive or contrary to any Global Mandee policy, or that violate this terms:

Global Mandee reserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which

1. is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
2. constitutes or contains false or misleading indications of origin or statements of fact;

• slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;

1. causes injury of any kind to any person or entity;
2. infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
3. violates any applicable laws, rules, or regulations;

• contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• impersonates another person or entity, or that collects or uses any information about Site visitors.

It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then Global Mandee reserves right to take appropriate legal action against you. Further, you shall indemnify and protect Global Mandee against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments Global Mandee takes no responsibility and assumes no liability for any content posted by you or any third party on Global Mandee site or on any mediums of Global Mandee.

You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site or any of the mediums of Global Mandee.

PRIVACY POLICY:

Global Mandee is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the Website. To read our privacy policy statement regarding such personal information please refer PRIVACY POLICY

CONTENT DISCLAIMER:

Global Mandee communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. While every attempt has been made to ascertain the authenticity of the content on the Platforms Global Mandee has no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, and material on the Platforms may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platforms or any of them including but not limited to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc.

All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Platforms .

Global Mandee reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platforms. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.

All rights, title and interest including trademarks and copyrights in respect of the domain name and Platforms content hosted on the Platforms are reserved with Global Mandee. Users are permitted to read, print or download text, data and/or graphics from the Website or any other Platforms for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in the Platforms in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users.

Links to external Internet sites may be provided within the content on Website or other Platforms as a convenience to users. The listing of an external site does not imply endorsement of the site by Global Mandee or its affiliates. Global Mandee does not make any representations regarding the availability and performance of its Platforms or any of the external websites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Website or other Platforms, your browser automatically may direct you to a new browser window that is not hosted or controlled by Global Mandee.

Global Mandee and its affiliates are not responsible for the content, functionality, authenticity or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to any of our Platforms, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.

Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. We do not fully screen or investigate business listing websites before or after including them in directory listings that become part of the Materials on our Platforms, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.

All those sections in the Platforms that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and Global Mandee will at no point of time be responsible for the accuracy or correctness of such information. Global Mandee reserves the absolute right to accept/reject information from readers and/or advertisements from advertisers and impose/relax Platforms access rules and regulations for any user(s).

Global Mandee also reserves the right to impose/change the access regulations of the Platforms , whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Platforms.

While every attempt has been made to ascertain the authenticity of the content in the Platforms, Global Mandee is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses etc.

WARRANTY DISCLAIMER:

Please remember that any provider of goods or services is entitled to register with Global Mandee. Global Mandee does not examine whether the advertisers are good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. Global Mandee has also not negotiated or discussed any terms of engagement with any of the advertisers. The same should be done by you. Purchasing of goods or availing of services from advertisers shall be at your own risk.

We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms.

References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Platforms.

Any use of the Platforms, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. Global Mandee disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the search results in the Platforms.

THE MATERIAL AND THE PLATFORMS USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE ) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GLOBAL MANDEE DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND MATERIALS. GLOBAL MANDEE DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

GLOBAL MANDEE DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PLATFORMS SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.

DISCLAIMER for “Global Mandee/Global Mandee Verified stamp, Global Mandee Trusted Stamp”, “Global Mandee GUARANTEE” and “Global Mandee’s Right”

“Global Mandee/Global Mandee 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 advertiser with Global Mandee. This verification is solely based on the documents as supplied by an advertiser/s or as per the details contained in Customer E-Registration Form.

“Global Mandee Trusted Stamp” indicates that the identity & information of the vendors/services, viz., name, address, contact details, business name has been verified on best effort basis, as existing, based on the documents/information furnished by the vendors/service providers. “Global Mandee Trusted Stamp” are also allocated to the vendor’s/service providers considering user’s reviews/ratings or any other criteria.

Global Mandee strongly recommends to its users/callers to verify all relevant details of vendors/services prior to availing any products/services from them. Global Mandee does not implicitly or explicitly endorse any product/s or services provided by the vendors/service providers.

The “Global Mandee Guarantee” and “Global Mandee’s Right” is a limited assurance offered by Global Mandee that the name and contact information of the advertiser and the category in which the advertiser is listed by Global Mandee, have been verified as existing and correct at the time of the advertiser’s application to register with Global Mandee. Global Mandee makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the advertiser, or the quality, quantity, merchantability or fitness for use of the goods or services offered by the advertiser.

ADDITIONAL DISCLAIMER:

Users using any of Global Mandee service across the following mediums ie. through internet ie www.globalmandee.com Website, Wapsite, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction ) with the Advertiser listed with Global Mandee.

All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and Global Mandee does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with Global Mandee .Further, Global Mandee is not at all responsible for any act of Advertiser/s listed at Global Mandee.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL GLOBAL MANDEE BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE, MISUSE OR RELIANCE ON THE PLATFORMS FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF GLOBAL MANDEE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PLATFORMS, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PLATFORMS. GLOBAL MANDEE DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE PLATFORMS.

THE USER OF THE PLATFORMS ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PLATFORMS AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

THIRD PARTY SITES:

Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through the Platforms, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Platforms. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, authenticity, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the use of the Platforms . We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Platforms.

MONITORING OF MATERIALS TRANSMITTED BY YOU: Changes may be periodically incorporated into the Platforms. Global Mandee may make improvements and/or changes in the products, services and/or programs described in these Platforms and the Materials at any time without notice. We are under no obligation to monitor the material residing on or transmitted to the Platforms . However, anyone using the Platforms agrees that Global Mandee may monitor the Platforms contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. Global Mandee reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platforms that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions. DELETIONS FROM SERVICE: Global Mandee will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to “opt-out” of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. Global Mandee reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of Global Mandee, may be, defamatory, infringing or violate of applicable law. Global Mandee reserves the right to exclude Material from the Platforms. Materials submitted to Global Mandee for publication on the Platforms may be edited for length, clarity and/or consistency with Global Mandee’s editorial standards.

INDEMNIFICATION:

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

MISCELLANEOUS:

These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and Global Mandee. Global Mandee reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Global Mandee reserves the right to seek all remedies available at law and in equity for violations of these Terms.

Notices. All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice. All of your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address: Global Mandee Limited, Building M, 501-B, Palm Court Complex, Besides Goregaon Sports Club, New Link Road, Malad(w), Mumbai 400 064.

Force Majeure. In no event shall we or any Distribution Site have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure. Indemnification. You agree to indemnify us and the Distribution Sites and hold us and the Distribution Site harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys’ fees) that may at any time be incurred by us or them arising out of or in connection with these Terms or any Advertising Products or services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features. Telephone Conversations. All telephone conversations between you and us about your advertising may be recorded and you hereby consent to such monitoring and recordation. Arbitration: Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996. a) All proceedings shall be conducted in English language. b) Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties. c) The venue of Arbitration shall be in Mumbai, India.

Entire Agreement. These Terms constitutes the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided in Section 1, these Terms may not be modified except by writing signed by you and us; provided, however, we may change these Terms from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Website.

In relation to any complaints or concerns, you can visit our online customer care page Or email to us at “support@globalmandee.com” or call on our hotline No. 8070293949.

Terms Of Use For Search Plus Services

YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between You (“you”,” your” or “user”) and Global Mandee ( A Division of Worldwide Business Solutions). (“Global Mandee” “we,” or “our”) that governs your use of the search, booking/request services or any other services offered by Global Mandee through its website http://www.globalmandee.com (“Website”), telephone search, SMS, WAP or any other medium (collectively “portal” ). Use of the portal is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Global Mandee at its sole discretion and posted on the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE PORTAL INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS OF GLOBAL MANDEE AND SELLER, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING:

1) Membership Eligibility

Use of the Portal is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Global Mandee portal and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Global Mandee reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Global Mandee’s notice or if it is discovered that you are under the age of 18 years.

Subject to compliance with the Terms of Use, Global Mandee grants You a non-exclusive, limited privilege to access and use the portals and the Services provided therein.

2) Your Account and Responsibility

If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

3) Transaction at Global Mandee Portal

1. i) Global Mandeeportal facilitates Seller and Users to interact with each other for the purposes of commercial/contractual transactions. In this transaction Global Mandeeis acting as an intermediary, by creating a bridge between Seller and Users of Global Mandee enabling users to place orders/bookings/request through various portals.
2. ii) All commercial/contractual terms are offered by and agreed to between You and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Global Mandeedoes not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the User and Seller.

iii) Global Mandee does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Portal. Global Mandee does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Global Mandee accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

1. iv) Global Mandeeis not responsible for any non-performance or breach of any contract entered into between You and Sellers. Global Mandeecannot and does not guarantee that the concerned Sellers and/or You will perform any transaction concluded on the Global Mandee Global Mandee shall not and is not required to mediate or resolve any dispute or disagreement between Seller and You.
2. v) Global Mandeedoes not at any point of time during any transaction between Seller and You on the Portal come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to You.
3. vi) Global Mandeethrough its platform is acting as an intermediary between You and Seller by facilitating the online ‘Search Plus’ Services’ for the users. These Search Plus Services are aimed at making several day to day tasks conveniently actionable and accessible to the users.

vii) Global Mandee is only providing a platform for the purposes of transaction and communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between You and Seller.

viii) At no time shall Global Mandee hold any right, title or interest over the products nor shall Global Mandee have any obligations or liabilities in respect of any transaction between You and Seller. Global Mandee is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable etc.

1. ix) Prices mentioned on the Global Mandeeportal are subject to change. You are hereby advised to check with Seller for the final price, availability of the product and shipping charges (if applicable)
2. x) Pricing on any product(s) as is reflected on the portal may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
3. xi) If the calculation of pricing of any product is insufficient to cover the actual cost of products/services which is paid by the Seller to its wholesaler/supplier, then the Seller is not obligated to fulfill the transaction placed by you. Where the Seller chooses not to absorb the additional fee, Seller will notify you that the calculations are different from real costs and may offer you the option of paying the difference and going ahead with the transactions placed by you. You may choose to proceed and pay the higher delivery fee or cancel the transaction placed at Global Mandee

4) Mode of payment

1. ii) User may choose to make the payment for the Services/Products through their valid credit / debit and/ or any other cards including e-wallets, online banking facility to make payment against any transaction being effected at the portal. User shall be bound to use his/her own credit / debit and/ or any other payment cards, online banking accounts to make any payment. Global Mandeeshall not be liable and responsible for any credit/debit or any other card frauds, misuse of User’s card or any unauthorized payment transactions which has been processed by User’s Bank / third party payment processor.

iii) User accepts and acknowledges that payment processing portal is hosted by a third party payment processor and usage of such payment processing portal shall be subject to such additional terms and conditions which such third party payment processor may prescribe from time to time. Global Mandee will not process, store or transmit credit/debit or any other card related information or any banking related information at its portal.

1. iv) In such event, it is Global Mandee’s policy is to redirect User to a payment processing portal hosted by a third party payment processor.
2. v) Global Mandeewill take adequate encryption and security measures to maintain the data secured generated via portal and it shall maintain high standards in relation to providing secure services to Users using Global Mandee

5) Charges

Membership on the Website is free for You. Global Mandee does not charge any fee for browsing and buying from any of its portals however, we reserve our right to charge the fee and/ or change fee policy as may be applicable from time to time.

6) Returns or Refunds

If at any time you are not satisfied with the quality of the products you have purchased, you may call customer care number 8070293949 of Global Mandee wherein your complaint will be noted and will be forwarded to the respective supplier for its resolution or you can complain to the seller directly and may claim for a credit, replacement or refund of the purchased damaged or incorrect product. Further, you hereby confirm and agree that you will not any right to claim or allege anything against Global Mandee in respect of the products/services which are provided to you by the Seller.

7) Cancellation and Modification

Cancellation or modification of any Order made through Global Mandee shall be strictly in accordance with the respective Seller’s cancellation policy, including with respect to refund. You may directly contact the respective Seller and/or Global Mandee customer care 8070293949 for processing any requests pertaining to cancellation or modification of Orders. The cancellation and modification request made by you to Global Mandee customer support will be forwarded to respective Seller for the resolution.

8) Content disclaimer

We have no control over and are not responsible for the content of any third-party websites linked to or framed within the Website, or any third-party advertisements and we expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Website should not be construed as an endorsement, approval or recommendation by us of the linked website or its content. We are not responsible for the content or privacy practices associated with linked websites. When viewing a third party website, you should read the terms, conditions and privacy statements detailed on that website. Your use of or reliance upon such third-party websites is at your own risk.

We derive our information from sources which we believe to be accurate and up to date at the time of publication. All information provided on the Website is provided in good faith. We do not make any representation or warranty that the information provided is timely, reliable, accurate or complete, and will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Website, or for any incorrect information provided on the Website.

Global Mandee reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the portal. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.

All those sections in the portal that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and Global Mandee will at no point of time be responsible for the accuracy or correctness of such information. Global Mandee reserves the absolute right to accept/reject information from readers and/or users and impose portal access rules and regulations for any user(s).

While every attempt has been made to ascertain the authenticity of the content in the portal, Global Mandee is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the portal including but not limited to any decisions based on content in the portal resulting in loss of data, revenue, profits, property, infection by viruses etc.

9) Warranty Disclaimer:

Any provider of products or services is entitled to register with Global Mandee. Global Mandee provides the goods/services related information on its portal which has been provided/shared by sellers. Before availing any products/services you must satisfy yourself about all relevant aspects prior to placing an order for goods or services or before entering into any transaction. Global Mandee has also not negotiated or discussed any terms of engagement with any of the seller. Booking, purchasing and availing goods and services from sellers shall be at your own risk.

We do not represent the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the portal.

References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the portal.

THE MATERIAL/INFORMATION/SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT UNLESS OTHERWISE AGREED BY GLOBAL MANDEE IN WRITING. GLOBAL MANDEE DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PORTAL AND MATERIALS. GLOBAL MANDEE DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

GLOBAL MANDEE DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, PRODUCTS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PORTAL SUBJECT TO APPLICABLE LAW.

10) Disclaimer for “Global Mandee GUARANTEE” and “Just Right”

The “Global Mandee Guarantee” and “GM Right” is a limited assurance offered by Global Mandee that the name and contact information of the seller and the product/service category in which the seller is listed by Global Mandee, have been verified as existing and correct at the time of the receipt of the Seller’s application to register with Global Mandee. Global Mandee makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the seller, or the quality, quantity, merchantability or fitness for use of the products or services offered by the seller.

11) Additional Disclaimer:

Users (You) using any of Global Mandee service across the following portal i.e. through internet Website (www.globalmandee.com), WAP, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before You (Users) rely, act upon, make any bookings or enter into any transaction with the Seller listed with Global Mandee.

All the users are cautioned that all and any information/products or services of whatsoever nature provided or received from the Seller is taken in good faith, without least suspecting the bonafide of the Seller and Global Mandee does not confirm, does not acknowledge, or subscribe to the claims and representation made by the seller listed with Global Mandee. Further, Global Mandee is not at all responsible for any act of Seller listed at Global Mandee or any claims arising owing to or pursuant to such acts of the Seller.

12) IPR Infringement

If you notice that any Intellectual Property right has been violated by any of our sellers, you may follow the process as may specified under the infringement policy.

13) Unlawful Activity

We reserve the right (at our discretion) to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your registration data, usage history, posted materials, IP addresses and traffic information etc.

14) Risk and Title

Risk in the products/services passes to you upon delivery of the products/services to the delivery address by the Seller. Global Mandee does not have any liability and you shall have no claim against Global Mandee, for any loss or damage that the products/services provided to you may have suffered during transit.

15) Indemnity 

You agree to indemnify, defend and hold harmless Global Mandee including but not limited to its affiliate sellers, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Global Mandee that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold Global Mandee harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

In no event shall Global Mandee, its officers, directors, employees, partners or suppliers be liable to You, the seller or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Global Mandee has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.

16) Limitation of liability:

You acknowledge that Global Mandee is an “as is site” and that Global Mandee is not making and has not made any warranty or representation as to suitability, merchantability, quality of the products/services which will be supplied or delivered by its Seller for any particular purpose. You agree that in using Global Mandee, You are not relying on any statement or representation made by Global Mandee which is not expressly contained in this Agreement.

IN NO EVENT SHALL GLOBAL MANDEE BE LIABLE TO YOU ON ACCOUNT OF YOUR BOOKING, USE, MISUSE OR RELIANCE ON THE PORTAL: FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF GLOBAL MANDEE is AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PORTAL, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PORTAL. GLOBAL MANDEE DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PORTAL OR OTHER MATERIAL ACCESSIBLE FROM THE PORTAL.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PORTAL AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY.

Notwithstanding anything to contrary, Global Mandee‘s entire liability to You under this Terms of Use or otherwise shall be the refund of the money charged from You for any specific product or service, under which the liability arises.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

17) Changes:

We may periodically change the Terms and the Website without notice, and you are responsible for checking these Terms periodically for any revisions. All amended Terms become effective upon our posting to the Website, and any use of the Website after such revisions have been posted signifies your consent to the changes. If any such change or modification is unacceptable to you, please refrain from using the services offered by the Website. If following any such change or modification you continue to use the Website or content, you will be deemed to have accepted those changes or modifications and no specific consent will be required.

18) Privacy Policy:

Global Mandee is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the Website. To read our privacy policy statement regarding such personal information please refer PRIVACY POLICY.

You hereby confirm and acknowledge that the contact details, age and other details provided by you to Global Mandee are accurate and can be used and forwarded by Global Mandee to the Seller for which the call or enquiry has been made by you to Global Mandee.

19) General Instructions

Seller’s listed at Global Mandee portal who have processed and delivered your ordered products/services are solely responsible for quality, delivery and billing of the goods/services. Global Mandee only acts as a channel between you and the Seller.

We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the portal or its content for any particular purpose.

We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Website, or the Website’s inability to meet your needs.

We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the portal, which is beyond our control. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Website or any linked website.

20) Force Majeure

Global Mandee and its registered Sellers will be not be liable for breach of these Terms to the extent caused by or arising from prohibition, or restriction by law, or regulation or any government, fire, flood, storms, weather, strike, lock-out or other labour problems, accident, riots, acts of God or any other events which is beyond its control.

21) Arbitration:

In the event a dispute arises between you and Global Mandee as per these Terms, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 90 days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Mumbai. The arbitration shall be conducted by a sole arbitrator appointed by Global Mandee. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.

22) Governing Law and Jurisdiction:

These Terms shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.

23) Provisions are severable.

Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.

Please exit Global Mandee.com Website, if you don’t agree to these Terms,

If you have any questions or concerns about this Agreement please contact us – 8070293949 for more information.

TERMS OF SERVICE FOR LISTING & RETURNS SERVICES

This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of Global Mandee’s service via Global Mandee Portals. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.

This Terms Of Service guides the contractual relation between Vendors (hereinafter called as “Vendor”/”Service Provider”, “You” or “Your”) and Global Mandee Limited (hereinafter called as Global Mandee,) and it governs the services offered by Global Mandee through its website (www.globalmandee.com), phone Search, SMS, WAP, APP or any other medium (collectively called “Portals” ). Global Mandee offers you its services only on the Terms and any amendments made under this Terms of Service. Global Mandee’s endeavor 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 Global Mandee’s website at https://www.globalmandee.com/Terms-of-Use/Service-for-Listing- Service.

• INTRODUCTION :The Services (defined hereinafter) of ‘Global Mandee’ is provided by Global Mandee , a company which is a division of Worldwide Business Solutions and having its registered office at 27, Sai Sadan, Sector 2E, Airoli , navi Mumbai-400708 (“Global Mandee”). Global Mandee carries on the business of providing information about Vendors (defined hereinafter) of various products and services (“Information”) in selected towns and cities in India (“Service”) to end users. Global Mandee is local search engine and it primarily provides directory services to its Callers/Users as per their requirements & searches made on Global Mandee’s portals in as much as this terms of use is concerned as applicable to the vendors. Global Mandee search service is available to users through multiple platform viz., Internet, mobile internet, telephone (voice, text & SMS). Global Mandee is merely a medium which connects general public with vendor’s goods and services listed on Global Mandee, however, at the same time it does not intend to guarantee any business to such Vendors. The Vendor details as provided by them are specified in the listing available at Global Mandee’s portals. Global Mandee’s objective is to provide a quicker guide for up-to-date Information in a user friendly manner and via a medium that the end user is comfortable with. The end users (“hereinafter referred as Callers/Users”) of the Service are persons who may want to purchase goods / avail services and are seeking information about the Vendors of such goods and services. These Terms of Service (defined below) and the invoice mentioned in Clause 13 constitute the entire understanding/Contract) between Global Mandee and the Vendors.
• INTERPRETATION :
  • (a) Contract means this Terms of Service together with all Schedules and Annexures (if any);
  • (b) References to a party hereunder shall include such party’s successors, permitted assigns and any persons deriving title under it;
  • (c) The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of the content of such Clauses;
  • (d) The use of words in the singular or plural, or with a particular gender, shall not limit the scope or exclude the application of any provision of this Contract to such person or persons unless the context otherwise permits;
  • (e) Any grammatical form of a defined term herein shall have the same meaning as that of such term; and The words “including” and “includes” herein shall always mean “including, without limitation” and “includes, without limitation”, respectively.

• SUBSCRIPTION:
  Vendors 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. Global Mandeewill provide only the Information about the Vendor to the Users in the manner provided for in these Terms. Vendor agrees and acknowledges that Global Mandee does not guarantee any business to the vendor and is merely a medium through which information is made available to the general public.
• GENERAL TERMS :
  • (i) 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 Vendor and Global Mandeeon the subject matter hereof. The Terms Of Service shall be valid and effective for 1 (one) year 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. The Service would automatically stand renewed unless (a) the Vendor intimates Global Mandee by prior written notice (either by email or through registered post) at least 3 (three) months before the expiry of the 1 (one) year tenure, expressing their intention not to renew the Service or (b) is terminated by either Party prior to renewal in accordance with these Terms. In the absence of any written communication by the Vendor as to non-renewal after the expiry of the 1 (one) year tenure or unless terminated earlier by either Party, the Service would stand automatically renewed on terms specified herein. By agreeing to the terms of the Contract, the Vendor 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. Global Mandee 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 Vendors. It shall be the sole responsibility of the Vendors 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 Vendor.
  • (ii) 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 of Vendor being available in the Vendor’s account with Global Mandee. 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.
  • (iii) The automatic renewal of the Service is subject to the absolute discretion of Global Mandee. 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 Global Mandee. The Vendor’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 Global Mandee.
  • (iv) The vendor hereby authorizes that upon the execution of ECS / CCSI MANDATE Global Mandeeis authorized to DEDUCT minimum of 9 months ECS, thereafter Vendor has the option of terminating the Service. The Vendor shall only terminate the Service upon the completion of minimum tenure of 9 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.
  • (v) Notwithstanding anything contained anywhere in this contract, The Vendor undertakes that if any concession is availed by Vendor while availing Global Mandeeservices it shall be under obligation to honor the payment (through any mode as opted) under any circumstances for the total tenure of the services as availed by the Vendor subject to terms of service as mentioned in this document. The Vendor hereby authorizes that upon the execution of ECS / CCSI MANDATE Global Mandee 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 Vendor.
  • (vi) In respect of Premium listings or any other Listings, where the payment mode and manner opted by the Vendor 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 Global Mandee. Notwithstanding anything contained in this Term of Service, the automatic renewal and the terms of such renewal will be at the absolute discretion of Global Mandee.
  • (vii) It is clarified that, irrespective of whether the Vendor 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 Vendor would be deemed to have given their consent and authorized Global Mandeeto share the Vendor’s details and contact numbers for business and promotional purpose with Users of the Service and for other business purposes of Global Mandee. Further the Vendor, by accepting the Terms of Service, has given his consent to Global Mandee to contact him for any business promotion of Global Mandee. The Vendor confirms that Vendor shall carry out all the obligations as specified in the Terms of Service. The Vendor also undertakes to take all such measures as may be necessary to ensure that the Users do not encounter any difficulty in contacting the Vendor. In the event the Users are unable to contact the Vendor it would not be deemed to any deficiency in the Services rendered by Global Mandee. The Vendor 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 Global Mandee will not face any difficulty in contacting the Vendors.

• INFORMATION DISSEMINATION :
  Global Mandeecurrently disseminates Information to the Users through different platforms, viz., telephone, internet, WAP (Wireless Access Protocol) and Wireless (SMS short code) SMS and Whatsapp. Global Mandee 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.
• VENDOR LISTINGS:
  1) This refers to the various kinds of Listings Service that can be selected by the Vendor. Global Mandeeprovides the following kinds of listings Service (“Listings”): (a) Premium Listings (b) Package Listings (iii) VFL / LFL (Verified / Lifetime Listing) Package (iv) SMS-Promo Services. (v) Cost per enquiry-based packages (vi) Other Services as may be introduced by Global Mandee from time to time and or as mentioned in the invoice or the proposal forms as the case may be.

1. Premium Listing
   The Vendor agrees that the PREMIUM LISTINGSare the position-based services, which can be fixed or rotational in nature as reasonably decided by Global Mandee, as per availability in the selected categories and pin codes on the day of receipt of the payment on Global Mandee’s account. Under rotational search, in respect of specific area search, the listing of the vendors will appear on those positions, which have been opted by them. In respect of all area searches, the listings will be displayed rationally on the basis of amounts paid by them for that category. The Vendor agrees that it shall enlist itself under the Listing which is mentioned in Clause 6 of the Terms of Service. The packages value may vary based upon the city town, medium, category, and such other parameters as may be identified by Global Mandee.In the event Vendors wish to change/add any categories/pin code etc, it will be done at additional cost, depending on the availability and discretion of Global Mandee. However in case of removal/cancellation/deletion of any categories/pin code in the existing listing, the Vendors shall not claim to reduce the cost or refund the money on the basis of removal/cancellation/deletion of any categories/pin-codes. Global Mandee reserves the right to change the aforesaid Listing Service options by adding new listings or deleting the existing listings or adding, deleting, modifying or merging any categories or keywords or pin-codes. In the event the listing applied for is no longer available, Global Mandee shall endeavor to allot similar Listing to the Vendor. The final decision making power with regard to Listing shall however vest with Global Mandee and such decision shall be final and binding on the Vendor.The Vendor agrees and undertakes that if Vendor has opted for the maximum number of enquiries in the contract (irrespective of tenure), under such arrangement there shall be no fixed tenure that would be defined. The tenure would be determined on the basis of maximum numbers of enquiries provided to the Vendor’s listings. The Vendor acknowledges that numbers of enquires shall solely be dependent on the market trend/response or user’s demand and Global Mandee does not guarantee on the numbers of enquiries however it shall be its endeavour to provide the services on best effort basis.
2. Package Listings
   Under Package listings, the consideration as paid by the vendor would be allocated by Global Mandee, as available, over categories and pin-codes / locations as opted by the vendor for their listing/contract. The services under package listing would be on rotational basis for a given area specific search or all area search. Vendors would be given preference on the visibility in proportion to the consideration amount paid for that category etc.
3. VFL (Verified Listing) and Life time listing (LFL) Package.
   • i) The terms as mentioned under sub clause C shall only be applicable to VFL Package: 
   • ii) Global Mandeewill be providing VFL & LFL packages under promotional scheme to Vendor as per the terms as mentioned under the terms of use. In VFL & LFL packages, a) Global Mandee will display the “Global Mandee Verified” logo in Vendor’s business listing. The verified logo would be visible as long as the Vendor’s business listing is active on Global Mandee portals subject to the terms mentioned under terms of use and periodical telephonic or other verification of the listing by Global Mandee /its representatives. b) Global Mandee for a consideration as determined and paid by the Vendor shall provide the listing services under VFL package for period up to one (1) year.
   • iii) The Vendor opting services under VFL & LFL shall also get the visibility preference over the free listing. Global Mandeefor the purposes of disseminating information to the users, it shall provide life-time services under this package. The visibility under the lifetime services in relation to disseminating the information to the users shall be made available on Global Mandee. Global Mandee portals provided Vendor’s business listing is active on Global Mandee portals as per applicable terms of service & as per Global Mandee’s business policy revised from time to time. Global Mandee, at its discretion, shall not be liable in any manner to provide the services or otherwise in the event of failure on the part of Vendor’s to honour the payment for VFL & LFL packages. Global Mandee reserves its right to determine the listing in the event of non-payment for its services and as per its business requirement.
   • iv) Notwithstanding anything contained hereinabove, all other clauses specified under “Terms of Service for Vendor” shall remain applicable in full force to the Vendor who has obtained services under VFL & LFL from Global Mandee”.

1. 
   
   d) Cost per enquiry:
   The Vendor/ business listing must identify the business category in which he/she wants to be listed (“Category”) and agrees to pay per enquiry & the total nos. of enquiries. An enquiry is generated when (i) in relation to Telephone & SMS when Global Mandeedisseminates information about the vendor/ business listings to a user/caller upon the request by the caller/user for information (ii) in relation to online information, be it directory or other facilities as made available to the users who enquires relevant details of vendors his products/services or business entities details. Currently the mediums available are Telephone/ SMS & online. The cost per enquiry shall be determined based on the total nos. of enquiries divided by total amount as paid by the vendor. To clarify, upon each enquiry being generated through Global Mandeean amount equal per enquiry shall be deducted from the total amount paid by the vendor/business listing. Upon threshold being reached on a given day, no more enquiries shall be shared under the contract however; the vendor may have an option to renew the services as per the prevailing rates.
2. 
   
   e) Guaranteed Leads / Calls / Transactions:
   Under Guaranteed Enquiry campaign, Vendor//business entities will receive enquiries, calls, among other details, in relation to the information as sought by the user. These enquiries as shared to Vendor/business entities are chargeable, as per payment plans opted by the Vendor/ business entities under this campaign. The services under Guaranteed Enquiry campaign will remain in effect till the completion of minimum enquiry commitment.
   
   f) Pay Per Enquiry:
   Under this plan/services, Vendors in its profile page as made available will be able to access the details of an enquiry or enquiries and its applicable charges that will be deducted from Vendor’s account, as maintained with Global Mandee. Vendor availing this plan/services, are required to maintain the interest free & non-refundable deposit amount(as per invoice) from time to time. Vendor’s agree and understand that Global Mandeewill be entitled to DEDUCT THE CHARGES /FEES PER ENQUIRY , APPLICABLE TAXES & OTHER CHARGESfrom the account/deposits belonging to a Vendor. Vendor agrees and acknowledges that deposit amount, fees & other charges are subject to change . The charges/cost for per enquiry to be deducted shall also be revised by Global Mandee from time to time. The amount so deposited under this plan/services by Vendor is NON-REFUNDABLE & NON-TRANSFERABLE. Any enquiry as shared by Global Mandee with Vendor under this plan/services or otherwise does not guarantee any business for the Vendor.
3. 
   g) Pay Per Performance Services:
   Details of Services:

• I) Bundle Services – i) Display –shall mean listing visible on Global Mandee portal with the name, contact detail, address and other details as provided/uploaded by Vendor. ii) Calls –shall mean direct calls made by User/Callers to Vendors. iii) Direct Enquiries – User’s directly enquiring for Vendor’s product/services by clicking on “Whatsapp” icon OR “Enquire Now” option OR “Best Deal” option available on Global Mandee
• II) Optional Services –a) Grab Leads/Enquiries – These are additional enquiries which vendor may opt to avail services at additional cost.

 Pay Per Performance Services: Vendor can avail Bundle Services (as defined above at point no. I) based on the payments made by Vendor to Global Mandee. The visibility of the Vendor’s business listing on Global Mandee portal will be determined on the payment plan chosen by Vendor.Vendors as per their requirement, will be able to exercise control/access their daily expenses from dashboard made available under Bundle Services viz., i) Display, ii) Calls and iii) Direct enquiries to the Vendor. Vendors while availing bundle services will be able to add/reduce the daily amount (subject to minimum threshold) using the control mechanism available the Dashboard. 

Optional Services :(As defined above at point no. II) the services can be availed subject to Vendor making necessary payment in advance. Vendor agrees and confirms that Global Mandee is providing the services on AS IS BASIS ONLY, WITHOUT ANY EXPRESS or IMPLIED WARRANTIES OF ANY KIND. Vendor acknowledges that there are no restrictions on the maximum numbers of calls made by users to Vendors and User as per its discretion may directly calls to Vendor.
It is mandatory for the Vendors to maintain the minimum threshold value, in the event if minimum threshold value is not maintained by the Vendors, then Global Mandee 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 Vendor to avail monthly installment payment facilities.

• “Global Mandee/Global MandeeVerified” Stamp
  
  “Global Mandee/Global Mandee 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 Vendor with Global Mandee. This verification is solely based on the documents as supplied by a Vendor/s or as per the details contained in Customer E – Registration Form. 
• “Global MandeeTrusted” Stamp
  
  “Global Mandee Trusted Stamp” indicates that the identity & information of the vendors/services, viz., name, address, contact details, business name has been verified on best effort basis, as existing, based on the documents/information furnished by the vendors/service providers. “Global Mandee Trusted Stamp” are also allocated to the vendor’s/service providers considering user’s reviews/ratings or any other criteria.
• LISTING SERVICE AND OTHER FEES:
  • a) The Vendor agrees/undertakes to pay advance and non-refundable Listing Service Fee and other applicable charges/fees for any additional feature/upgraded services /facility etc. as availed by the vendor from time to time. The applicable charges/commercials will be determined by Global Mandeeat its sole discretion. Global Mandee on the receipt of such fees from the Vendor, will send the e-invoice to the registered mobile number & email ID of the respective Vendor or their authorized person on their registered contact details. Global Mandee reserves its right to recover such applicable fees, cost, expenses and taxes etc from time to time. Vendors agrees/understands that Global Mandee may present the payment mandates i.e. ECS / CCSI / NACH any number of times to receive its just dues / payments & to provide uninterrupted services.

• b) The vendor/service provider can pay the fee, either by way of upfront payment (payment of entire fee), or by way of the easy instalments payment options as available. If vendor/service provider opts to pay the fee/consideration by paying instalments, under such payment schemes, the vendor/service provider shall be liable to pay to Global Mandeethe initial amount (including applicable Tax), at the time of registration of listing services and the balance payment can be paid through the various payment modes such as ECS (Electronic Clearing Service); CCSI (Credit Card Standing Instruction) & NACH (National Automated Clearing House). It is hereby clarified that the services shall only be activated once the first ECS/ CCSI/ NACH payment is credited on Global Mandee’s account as per the payment plan or the payment as received for the services/products as availed. Under no circumstances shall Global Mandee be liable to make any refund any amount as paid by vendor/service provider on account of deactivation/non-activation of services due to non-receipt of any payment through ECS/ CCSI/ NACH/Cheques etc.. Global Mandee reserves the right, at its sole discretion, to change, modify and amend the Terms pertaining to the activation of your services at any time by publishing the amended Terms on our portals at https://www.globalmandee.com/Terms-of-Use/Service-for-Listing- Services with or without notice to you. Vendor/Service Provider are advised to check the Terms at regular interval to received uninterrupted services.

• c) The vendors shall furnish the KYC documents or any other documents, as may be required by Global Mandee, 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 vendors 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.

• PAYMENT MODES:
  • i) Global Mandeeallows the Vendor 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 Global Mandeedoes not encourage/prefer that payments be made in cash. Any cash payments made by the Vendor pursuant to Terms of Service with Global Mandee, shall be at the sole risk of the Vendor, without any recourse to Global Mandee. Vendors shall not share to any employee of Global Mandee 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 Vendor either weekly, fortnightly, monthly, quarterly and half-yearly as directed by Global Mandee. Global Mandeeshall 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 Global Mandee will not be liable in any manner for any delay in activating the Service of Vendor.

• CONSEQUENCES OF NON-PAYMENT OF SERVICE FEE / ECS AMOUNT:
  • a) The Vendor hereby agrees that it shall make the payment via such mode which is mentioned on the Clause 10 of these Terms. Any dishonor 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 Vendor shall also be liable to pay interest @18 % per annum during that period. Global Mandeereserve its right to recover to recover its just dues as per the services or the packages availed by the Vendor.
  • b) In the event if the Vendor 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, Global Mandeemay also, in its sole discretion, suspend the Vendor’s Listing or access to the Service, as the case may be, until the Vendor makes necessary payments. Further, the Vendor agrees and acknowledges that the Vendor shall be deemed to have waived his rights to the Service and the Vendor’s listing for the period during which the Service and the Listing is suspended for non-payment. The right of Global Mandee to determine the listing, suspend the Service and the Listing shall be without prejudice to Global Mandee’s right to terminate the services for any material breach committed by the Vendor. Vendor hereby acknowledges that the opted position/listing will be released to other Vendors in the event of non-payment of Service fee or ECS amount without any notice/intimation from Global Mandee.

• LUMP SUM PAYMENT MODE:
  Vendors who pays the 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 Vendor.
• ISSUANCE OF INVOICE/ANNEXURES:
  • a) On receipt of the consideration, the services shall be activated Once the services is activated Global Mandeeshares the invoice to the Vendors 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.

• PRIORITY OF INFORMATION ABOUT VENDORS:
  For Global Mandee, 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 Global Mandeewill provide such Information (subject to availability of such information) based on such choice of the Users. Amongst the Vendors who fall within the parameters identified by the User, Information about Vendors registered with Global Mandee, that is, the Vendors is first provided on best effort basis, subject to delays due to any technical malfunction. Priority among Vendors i.e., determined on the basis of the listing selected by the Vendor and on the basis of Total Fee to be paid by the Vendor. Nothing contained in the herein, shall be deemed to restrict or prevent Global Mandee from providing Users with Information about other Vendors whether in priority to the Vendors or otherwise, as Global Mandee may in its sole discretion determine. The Vendor acknowledges that Global Mandee 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 Vendor.
• NO GUARANTEE OF BUSINESS:
  Global Mandeedoes not guarantee that enquiries/leads will be generated by it for the Vendor or that any of such enquiries/leads will be converted into business for the Vendor.
• NO MARKETING:
  Global Mandeeis not obliged and does not market the offerings of Vendor and shall not be obliged to recommend Vendor to the Users. Global Mandee’s obligation under the contract is limited to the obligations explicitly set out herein and in no event does Global Mandee undertake to generate or guarantee Enquiries or business to the Vendor.
• INDEMNIFICATION:
  Vendor shall defend, indemnify, and hold harmless Global Mandee, its officers, employees, agents, Representatives from and against any claims, liability(ies), demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses (without limitation to reasonable attorneys’ fees and expenses) arising out of or in relation to or in connection with:
  • a) breach of any provision or non-performance of any of its obligations under this Terms of Service;
  • b) by reason of any infringement of third party rights (including intellectual property rights);
  • c) any representation and warranty given by Vendor under this Terms of Service being found to be untrue, false or incorrect; or
  • d) anything done or omitted to be done due to gross negligence, wilful default or wilful misconduct of the Vendor or any of its officers, directors, employees or agents or
  • e) any third party claims or liability arising out of or related to Vendors’ Ads or Services.

• CONFIDENTIALITY AND RELATED OBLIGATIONS:
  The Vendor 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 Vendor shall not, without the prior written consent of Global Mandee, transfer (whether for consideration or otherwise) User Information to any third party for any reason whatsoever. The Vendor is specifically prohibited from using the User Information for purposes of seeking any commercial gain out of said User Information. In the event Global Mandeeis made aware of any such practice of the Vendor in violation of the terms of this Terms Of Service, Global Mandee shall be entitled to terminate the Services as well as initiate such legal proceedings against the Vendor, as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable law.
• VENDORS’ OBLIGATIONS TOWARDS END USERS:
  • a) The vendor shall be responsible for any delivery, after-sales service, payment, invoicing or collection, sales enquiries, support maintenance services and/or any other obligations or services relating to or in respect of the Products/services provided by Vendors to end users. Such services shall be the sole responsibility of the Vendor/vendors.
  • b) If any dispute raised by the End Users regarding the products/services, the vendor shall be obliged, forthwith, either to take back or withdraw defective goods or to withdraw or discontinue deficient services, or if fails to rectify defective goods or deficient services, then to refund the consideration within the period stipulated in the bill or cash memo or receipt or in the absence of such stipulation, within a period of Two days;
  • c) In the event vendor is unable to resolve the grievances of any End User as per the satisfaction of End User, then Global Mandeeas per its discretion reserves the right to suspend the services/terminate the services or take any other measures as it may deem fit and proper.
  • d) The vendor acknowledges and accepts that vendor is solely responsible (i) for falsely describing its product or service; or (ii) to give a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service; or (iii) to deliberately conceals important information in relation to any product or service; or (iv) for falsely representing about the standard, quality, quantity, grade, composition, style or model of goods/products; or (v) for falsely represents about the standard, quality or grade of services; or (vi) for falsely representing any re-built, second-hand, renovated, reconditioned or old goods as new goods; or (vii) for falsely representing about the sponsorship, approval, performance, characteristics, accessories, uses or benefits of goods or services; or (viii) for falsely representing about the sponsorship or approval or affiliation; or (ix) makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services; or (x) gives to the public any false warranty or guarantee of the performance, efficacy or length of life of a product or of any goods: or (xi) gives false or misleading facts disparaging the goods, services or trade; or (xii) for the goods do not comply with the standards prescribed by the competent authority relating to performance, composition, contents, design, constructions, finishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods; (vi) for manufacturing of spurious goods or offering such goods for sale or adopting deceptive practices in the provision of services; (vii) for not issuing bill or cash memo or receipt for the goods sold or services rendered in such manner as may be prescribed; (ix) for disclosing to other person any personal information given in confidence by the user/consumer unless such disclosure is made in accordance with the provisions of any law for the time being in force.
  • e) The vendors shall be solely responsible for the accuracy of all information and/or validity of the Prices and any other charges and/or other information relating to the Products and/or services. The vendors shall be solely responsible for the price to be charged by them in accordance with law time being in force.
• VENDORS’ OBLIGATIONS TOWARDS GLOBAL MANDEE:
  • a) The vendor acknowledges that it shall be solely responsible for all materials/information and its use of Global Mandee’s directory services. The Vendor/vendor agrees that nothing in its Materials/information or its use of the Directory Services will be false, misleading, defamatory, harassing, or threatening, will constitute unfair competition or unfair commercial practice, will violate any applicable Law, or will infringe or misappropriate the Intellectual Property Rights of any third party. The vendor is solely responsible for the activities of any contractor, representative, or any of its agents or other persons acting on its behalf in connection with this contract. The Vendor/vendor will ensure that it’s complying with all applicable Law, including Law related to data protection and privacy.
  • b) The vendor acknowledges that Global Mandeeis basically a local search proving directory service and do not seek any fulfilment of the product / services delivered or not, and it is the vendor responsibility to deliver the goods & services whose business is listed on Global Mandee’s platform.
  • c) The vendor acknowledges that Global Mandeeis not responsible for the goods or services, or any dispute between the vendors & end users. It is the responsibility of the vendors to resolve any dispute or claim raised by end users.
  • d) The vendor acknowledges that Global Mandeewarrants that any proof/ intimation of dispatch of such Proof of Fulfilment provided will be authentic, whether electronic or otherwise. Provided that, if Global Mandee so requires, the physical proof of dispatch of the Proof of Fulfilment of the Product shall be made available to Global Mandee. All Proof of Fulfilment of Products shall be maintained by the vendor for a period of at least 3 (Three) year from the date of such fulfilment.
  • e) The vendor acknowledges that Global Mandeeshall also not be responsible for any non-delivery/non-fulfilment of any Products/Services sold by sellers/vendors to the end users. All risks associated with the delivery/fulfilment of the Products/Services shall be solely that of the Vendors. Any and all disputes regarding quality, merchantability, non-delivery/non-fulfilment and delay in delivery/fulfilment of the Products/services or otherwise will be dealt with by and between the Vendors directly and End users and Global Mandee shall not be made party to such disputes. The Vendors shall hold Global Mandee saved and harmless from any such actions or claims that may be initiated against it. The vendors shall also indemnify and hold indemnified Global Mandee at all times against all such actions and claims.
  • f) The vendor acknowledges that Global Mandeeshall not be responsible for any fault, imperfection, shortcoming or inadequacy in the quality, quantity, potency, purity or standard or nature and manner of performance of any product or of any goods/services, sold by sellers/Vendors listed with Global Mandee’s directory service, which is required to be maintained by or under any law.
  • g) The vendor acknowledges and accepts that it restrains itself from: (i) unreasonable security deposits from end users for the performance of contractual obligations; or (ii) imposing any unreasonable penalty on the end users, for the breach of contract; or (iii) refusing to accept early repayment of debts on payment of applicable penalty; or (iv) entitling a party to the contract to terminate such contract unilaterally, without reasonable cause; or (v) permitting or has the effect of permitting one party to assign the contract to the detriment of the end users, without his consent; or (vi) imposing on the end users any unreasonable charge, obligation or condition; or (vii) manipulation of price or its conditions of delivery or to affect flow of supplies with intent to impose unjustified costs or restrictions.

• VENDORS’ GENERAL OBLIGATIONS:
  • (a) Vendor represents and warrants that (i) it is a bona fide business organization carrying on business in relation to the items disclosed to Global Mandee; (ii) it has the rights to use the trademarks; (iii) the business carried on by vendor 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; and (iv) all information provided about itself (Vendor) to Global Mandee, 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 Vendor to Global MandeeGlobal Mandee) to Global Mandee.(vi) Vendor 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 Global Mandeewill not be liable to refund any ECS amount which has been deducted during the validity of the contract.
  • (b) Additional Covenants(i) The vendor acknowledges and accepts that any grievance as to the Services will be entertained only as long as the Service remains in force and that Global Mandee will not entertain such grievances post-expiry or termination of the Service; (ii) Vendor 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 Global Mandee updated in this regard. In the event the relevant information is not updated accurately, the Vendor would, by default, be bound by the explanation or description of the product/service or any other details of the vendor communicated by Global Mandee to the Users or any other third party; (iii) Vendor hereby agrees to keep proper receipts, invoices and details for the transactions entered into by it (Vendor) and the User; (iv) The Vendor 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, adhar card, pan card, passport, voter id card and residential proofs such as electricity bill, telephone bill, bank passbook etc, as required by it (Vendor) to run the business. The vendor acknowledges that any breach of the covenants set forth herein may cause delay in activation, non-activation or termination of the services by Global Mandee, at its sole discretion. Vendor further acknowledges that vendor shall not be entitled for any refund, compensation, damages, expenses, interest arising of out of business loss, claims, actions, inconvenience suffered by vendor from delay in activation of services, non-activation of services or termination of the services due to their (Vendor’s) fault of not providing documents, delay in providing the relevant documents or providing incomplete documents to Global Mandee. It is further acknowledged by a vendor that Global Mandee will be at no obligation to follow-up with vendor for the documents as mentioned herein and it will be vendor’s sole responsibility including but not limited to share/upload all the relevant documents confirming their identity, address and business registration details with Global Mandee. (v) Vendor 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 Global Mandee’s enquiries/leads. Any such conduct by vendor will lead to an immediate termination of the services and Global Mandee at its discretion will initiate proceedings against vendor before appropriate forum. (vi) Vendor hereby agrees and confirms that during the term of this Contract and after its termination (for any reason), vendor 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 Global Mandee’s employees, business or prospective users/callers. Vendor shall not advertise or perform any solicitation, including but not limited to solicitation of users to use the services of Vendor directly or promoting its services by any means whereby user are motivated to not to use the Global Mandee website/services or to use the Vendor website/services directly. Any conduct by vendor that in Global Mandee’s discretion restricts or inhibits any other user/customer from using or enjoying the Global Mandee services will not be permitted. During the term of this Contract and for 5 (five) years after any termination of this Contract, Vendor will not directly or indirectly, in any capacity:- (a) solicit any users of Global Mandee by means of providing discounts, gift coupons etc in the event users uses the website of vendor directly. (b) divert, entice, or otherwise take away from Global Mandee 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 Global Mandee. Vendor 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 Global Mandee. Vendor will direct communications regarding Service under the Term of Service only to Global Mandee.
  • (c) It is vendor’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 Global Mandeeportals to cause any wrongful harm to Global Mandee or its users. Vendor represents that in event the loss is caused due to negligence of vendor, such as where he has shared the payment credentials, OTP details etc., then vendor will bear the entire loss and Global Mandee shall not be responsible for the same.

• DISCLAIMER AND LIMITATION OF LIABILITY:
  To the fullest extent permitted by law, Global Mandeedisclaims all warranties, express or implied, including without limitation for non-infringement, merchantability, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, Global Mandee disclaims all guarantees regarding accurate Listing of the Vendor. Vendor understands that there may be errors in such positioning. Neither Global Mandee nor the Vendor will be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose or of any remedy except for vendor’s indemnification obligation. Global Mandee’s aggregate liability to the vendor is limited to amounts paid to Global Mandee by vendor during the 12 (twelve) months immediately preceding the date of the claim. Global Mandee is also not liable for any claim owing to any misrepresentation of the information pertaining to the Vendor so long as the information exhibited/ communicated by Global Mandee conforms to the Information made available by the vendor or its authorized representative.
• ADDITIONAL DISCLAIMER:
  • a) Vendor confirms that it will be solely responsible and liable for all matters between User and the Vendor, including but not limited to transactions entered into between such User and the Vendor. Further, it is hereby declared that Global Mandeedoes not verify the identity of the User of the Service and that the information provided to Vendors is the information received from the User and will not be independently verified by Global Mandee.
  • b) In the event of receipt of any complaints from the Users regarding the Vendor or Vendor’s product/service, Global Mandeereserves the right to discontinue the provision of Service to the Vendor or take any other action as deemed appropriate. Notwithstanding anything to the contrary contained in this Term, Global Mandee may also forfeit the amount lying to the credit of such Vendor and terminate the services at its sole discretion.
  • c) Vendor also agrees that at no time shall Global Mandeevouch for or guarantee the performance of services or delivery of products by the vendor and Global Mandee will not be liable for any non-payment of amounts due to the vendor by any User.

• DISPUTE RESOLUTION:
  • a) If the dispute raised by the Vendor regarding the defective or deficient services, Global Mandeeshall 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 Global Mandee shall not be liable to refund, if the Vendor: (i) act of omission or commission or negligence or conscious withholding any information, incomplete, and inaccurate information; (ii) does not follow the instructions or warnings issues by Global Mandee; (iii) has misused, altered, or modified the product ; (iv) fails to inform Global Mandee about the defective products or deficient services, within the period of 48 hrs., from the receipt of such products/services;(v) Global Mandee provides the products/services as per Term of Service.
  • b) Additionally, if Global Mandeeis 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, Vendor will bring it to the notice of Global Mandee and thereafter Global Mandee will conduct necessary investigation and based on the outcome of investigation may extend the services for equivalent days without any additional cost to vendor or provide other alternate solutions. The calculation of such extended period will be from the date of receipt of such intimation by Global Mandee from vendor. However, Global Mandee will have all the rights to give the details/information/system generated report evidencing that there were no default on the part of the Global Mandee, hence Global Mandee is not responsible for the extension of the services or any other alternate solutions. As mentioned under this clause, it will be the Vendor sole and exclusive remedy in the event of Global Mandee’s failure to perform the services as specified under this contract.
  • c) Global MandeeGrievance Escalation Policy

Purpose: To ensure that customers’ grievances are addressed effectively and in a timely manner, Global Mandee has established a structured grievance escalation process. 

1. Primary Contact for Grievances: Customers can initiate grievances via phone (88888-88888), email (support@globalmandee.com), the GlobalMandee app/website, or in-person at any Global Mandee Complaints can be submitted through the complaint register or directly with the Grievance Officer.

Acknowledgment:Customers will receive an acknowledgment within 24 hours of complaint registration, including a unique grievance number, contact details, and the expected resolution timeline.

2. Grievance Escalation

If the complaint is not resolved satisfactorily, customers may escalate the issue to the Grievance Redressal Officer.

Contact Information for Grievance Officer:

• Name:Jeetender Nariani
• Designation:Proprietor
• Address:Global Mandee(A Division of Worldwide Business Solutions), 27, Sai Sadan, Sector 2E, Airoli, Navi Mumbai 400708Phone: 8070293949
• Email: support@globalmandee.com

All escalated grievances will be acknowledged upon receipt, with a response provided within a specified timeframe. Global Mandee aims to resolve all grievances within 15 days of receipt. If more time is required, customers will be notified of the delay and given an updated resolution timeline.

• TERMINATION:
  • a) The term of this Contract begins upon Vendor’s registration or use of the Services and will end when terminated by any party (the “Term”). The Vendor 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) Global Mandeereserves the right to terminate the Service at any time, either with or without cause. If the Vendor commits a breach of a material duty owed to Global Mandee, Global Mandee may, at its discretion, call upon the vendor to rectify the breach within 7 (Seven) days of the receipt of notice, failing which Global Mandee may terminate the relationship between Vendor and Global Mandee.
  • c) Upon termination of the Service, Global Mandeewill not be bound to delist the Vendor as a Vendor and cease disseminating Information of the Vendor to the Users. However upon termination, Global Mandee shall have the right to delist the Vendor without prior intimation thereof to the vendor.
  • d) In case of any technical difficulties in continuing the services, Global Mandeereserves the right to terminate the services by giving written/oral intimation to the vendor.
  • e) If the Vendor terminates the Service, either by efflux of time or by determination under this Terms of Service, the balance of the deposit placed by the vendor with Global Mandee, if any, (after deducting payments for the period/tenure for which Services have already been provided by Global Mandee) shall be retained by Global Mandee. Under no circumstances, shall the Vendor be entitled to claim a refund of amounts already paid to Global Mandee. If Global Mandeeterminates the service for reasons attributable solely to Global Mandee, in any manner whatsoever, it shall either refund the amounts on proportionate basis or provide any alternate services.
  • f) Global Mandeemay terminate the Service if vendor engages in fraud or other illegal or unethical activities, or in any activities which Global Mandee 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 Global Mandee.
  • g) This contract will be terminated forthwith by Global Mandeeon the happening of any of the following events:
• > If the vendor becomes or is declared bankrupt or goes in liquidation voluntary or compulsory, except for the purpose of amalgamation or reconstruction;
• > If the vendor 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 Vendor;
• > If any attachment or distress is levied against any of the assets of the Vendor.
• > 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.

• NOTICES:
  Global Mandeeshall send notices to Vendors 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 Vendor would be deemed to have been legally delivered and Vendor will be deemed to have received such notice. Vendors can send notices to Global Mandee in writing on customer support email id or to company’s registered office address.
• MODIFICATIONS TO TERMS OF SERVICE:
  Global Mandeereserves the right to change the Terms of Service at any time without any prior notice to the Vendor. Changes to the terms of Service or 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 Global Mandee. For Terms of Service with Vendor visit http://www.globalmandee.com/Terms-of-Use.
• TAXES:
  Global Mandeeis entitled to charge the vendor 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 Vendor’s relationship with Global Mandee) and vendor hereby agrees to pay the said taxes and charges promptly without raising any objections. Vendor also agrees that in the event the said taxes and charges are not charged by Global Mandee the same shall be paid by the Vendor directly to the authorities concerned without raising any objection. The vendor further agrees that the taxes and charges payable under this Clause is in addition to the fee paid by the vendor for the Listing and Services rendered by Global Mandee. i) All TDS deductions, form no. 16A should be sent at support@globalmandee.com 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 Vendor to provide the correct Goods and Service tax number before the payments are made. If Vendor fails to provide the GST number or provide incorrect number before making the payment then the Vendor will not get due GST credit for which vendor shall be solely responsible.
• MISCELLANEOUS:
  • a) Global Mandee’s interpretation of the Terms of Service shall be final and binding on Vendor.
  • b) Vendor agrees that no joint venture, partnership, employment, or agency exists between vendor and Global Mandeeand that the Vendor is not entitled to bind Global Mandee by its actions.
  • c) Global Mandeeis subject to existing laws and legal process and nothing contained in the Terms of Service is in derogation of Global Mandee’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) Vendor may not assign any rights or obligations against Global Mandeewithout Global Mandee’s prior written consent. Global Mandee reserves the right to transfer any right or obligation against Vendor by issuance of notice of such assignment to the Vendor. Upon such assignment, the assignee shall be bound by the Terms of Service in the same manner as Global Mandee and Global Mandee shall cease to have any liability to Vendor. However, the Parties agree that Global Mandee has an unfettered right to assign the Terms of Service and the Vendor is only entitled to a notice of such assignment. The Parties further agree that assignment of the Terms of Service by Global Mandee will not be subject to Vendor’s consent.
  • f) Global Mandeeshall 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 labor strike, labor and transportation strikes or any other acts beyond its control. During a force majeure event, the obligations of Global Mandee under the Terms of Service will stand suspended.
  • g) Nothing in the Terms of Service obliges or will be deemed to oblige Global Mandeeto provide any credit to the Vendor.
  • h) Vendors agrees that Global Mandeereserves 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 this terms of service.
  • i) Global Mandeehas its own Reviews, Ratings and Comments on its portals which will be posted by the users of Global Mandee. However, Global Mandee takes no responsibility and assumes no liability for any content posted by any caller/third party on Global Mandee site or on any mediums of Global Mandee.
• 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 Global Mandee. The Vendor shall not challenge the nomination of Arbitrator or his award on the ground that the nomination is made by authorized representative/ Director of Global Mandee. The arbitration proceedings shall be held at Mumbai and the arbitration shall be conducted in English Language. The award of the Arbitration shall be final and binding on the Vendor and Global Mandee. The arbitrator will pass a written and reasoned award and will be entitled to award cost of the proceedings.
• 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.
• AMENDMENTS AND WAIVERS:
  Unless otherwise expressly stated in this Terms of Service, the failure on the part of Global Mandeeto exercise or delay in exercising a right or remedy under this Terms shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Terms of Service shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy available to Global Mandee.