Use of the WideBizz Platform/WideBizz Services

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the WideBizz website located at WideBizz.com, and all associated sites linked to WideBizz.com, or the WideBizz mobile application or any similar platform (hereinafter collectively, the WideBizz Platform run by One97 Communications Limited, having its registered office at First Floor Devika Tower, Nehru Place New Delhi – 110019 and headquartered at B-121, Sector-5, Noida – 201301 and/or any of its affiliates (hereinafter collectively, One97 or WideBizz ) on any device and/or before availing any services offered by WideBizz on the WideBizz Platform which may include services such as recharge or bill payment, digital products, semi-closed wallet service and marketplace service or any other service that may be offered by WideBizz on the WideBizz Platform (hereinafter individually, and collectively, the WideBizz Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all WideBizz Services, whether offered by One97 or its affiliates.

Acceptance

By registering on, accessing, browsing, downloading or using the WideBizz Platform for any general purpose or for the specific purpose of availing any WideBizz Service, you agree to be bound by the single-sign-on ID (hereinafter SSOID) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each WideBizz Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the SSOID or any additional or modified service-specific terms and conditions in relation to any WideBizz Service or any future service that may be offered by WideBizz on the WideBizz Platform. By registering on, accessing, browsing, downloading or using (as applicable) the WideBizz Platform or availing any WideBizz Service or the SSOID, you automatically and immediately agree to all the T&Cs. If at any time you do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, you may not access, browse or use the WideBizz Platform and immediately terminate your availing the WideBizz Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between you, being at least 18 years of age and an individual user of the WideBizz Platform or a customer or beneficiary of the WideBizz Services, and WideBizz. All services are rendered by WideBizz through the WideBizz Platform under the brand name “WideBizz” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, WideBizz, regarding your use of WideBizz’s digital services (which includes but may not be limited to prepaid recharge, bill payment, booking movie tickets, bus tickets, hotel rooms or flight tickets), the semi closed wallet service, the marketplace service or any such other services which may be added on the WideBizz Platform and which will henceforth be a WideBizz Service, from time to time. The WideBizz Services shall be used by you subject to your adherence with the T&Cs. As long as you accept and comply with these T&Cs, WideBizz grants you a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the WideBizz Platform and/or avail the WideBizz Services.

Eligibility

The WideBizz Services are not available to persons under the age of 18 or to anyone previously suspended or removed by WideBizz from availing the WideBizz Services or accessing the WideBizz Platform. By accepting the T&Cs or by otherwise using the WideBizz Services on the WideBizz Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by WideBizz, or disqualified for any other reason, from availing the WideBizz Services or using the WideBizz Platform. In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, WideBizz reserves the right to suspend or permanently prevent you from availing WideBizz Services or using the WideBizz Platform.

Other Terms and Conditions

Additional terms and conditions may apply in order for you to avail specific WideBizz Services and to specific portions or features of the WideBizz Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the WideBizz Platform or for any WideBizz Service offered on or through the WideBizz Platform, the latter terms shall control with respect to your use of that portion of the WideBizz Platform or the specific WideBizz Service.

WideBizz may make changes to any WideBizz Services offered on the WideBizz Platform, or to the applicable terms for any such WideBizz Services, at any time, without notice. The materials on the WideBizz Platform with respect to the WideBizz Services may be out of date, and WideBizz makes no commitment to update the materials on the WideBizz Platform with respect to such WideBizz Services.

The following terms also govern and apply to your use of the WideBizz Platform, and they are incorporated herein by this reference:

https://WideBizz.com/privacy-policy

SSOID Service, Participating Platforms

WideBizz’s SSOID service offers you the convenience, after a one-time registration any WideBizz Platform, to sign on (log in) to all web pages and online platforms operated by WideBizz or its affiliates (hereinafter the Participating Platforms) with single log-in access / data, without going through a separate registration process every time. After successfully registering for the SSOID Service, the user can log-in via each Participating Platform with his SSOID access credentials. Moreover, if already logged in to one of the Participating Platforms, the user can immediately use all other Participating Platforms without additional log-in procedures (subject to the respective Participating Platform requiring further declarations).

The Participating Platforms that offer the SSOID as a login feature, are visible on registration and in the user account. The number of Participating Platforms may also vary in the course of time.

With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which WideBizz’s SSOID service is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions. These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of WideBizz is solely responsible only for those content that it actually operates. For the SSOID service, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The SSOID shall be owned and operated by One97 for use on all Participating Platforms, by One97 or its affiliates.

For the use of WideBizz’s SSOID service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the SSOID service.

The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the SSOID service or to disclose them otherwise. The user is obliged to inform WideBizz immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person.

Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our SSOID service (hereinafter the SSOID Agreement). Our offer for the conclusion of the SSOID Agreement is then effected by the fact that WideBizz sends the user a confirmation by e mail, in which a confirmation link is included next to the user name and the password for the SSOID Service. By the user clicking on this confirmation link, the user accepts WideBizz’s offer, so that in this way the SSOID Agreement enters into force. Conclusion of the SSOID Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation process.

WideBizz is entitled to reject individual users without giving reasons.

The user guarantees that the data submitted for their user account (and any other information that is otherwise left for WideBizz) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.

Communication Policy

By accepting the T&Cs, you accept the following:

• WideBizz may send alerts to the mobile phone number provided by you while registering with the WideBizz Platform for the SSOID service or on any updated mobile number subsequently provided by you on the WideBizz Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then you may not get the alert at all or get delayed messages.

• WideBizz will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that you shall have received the information sent from WideBizz as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the WideBizz Platform or availing any WideBizz Services. WideBizz shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold WideBizz liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.

• The SMS/e-mail alert/push notification service provided by WideBizz is an additional facility provided for your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that you observe any error in the information provided in the alert, WideBizz shall be immediately informed about the same by you and WideBizz will make best possible efforts to rectify the error as early as possible. You shall not hold WideBizz liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by you on account of the SMS/e-mail alert/push notification facility.

• The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. WideBizz shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.

• You will indemnify and hold harmless WideBizz and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which WideBizz or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by you or improper or fraudulent information provided by you; (ii) incorrect number or a number that belongs to an unrelated third party provided by you; and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from WideBizz and/or the SMS/e-mail service provider.

• You will receive information via SMS, e mail and phone call regarding what WideBizz perceive to be of your interest based on your usage history and browsing history (which information may be shared by One97 with its affiliates). This includes providing information relating to offers, discounts and general information by WideBizz. In case you do not want such information, you have to explicitly ask to be excluded.

Use of WideBizz Platform

You understand that except for information, products or services clearly indicated as being supplied by WideBizz, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that WideBizz cannot and does not guarantee or warrant that files available for download through the WideBizz Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements of Internet security and for accuracy of data input and output.

Prohibited Conduct

By accessing or using the WideBizz Platform or by availing WideBizz Services, you agree not to:

• violate the T&Cs;

• impersonate any person or entity, falsely claim or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the WideBizz Services, perform any other similar fraudulent activity or otherwise avail WideBizz Services with what we reasonably believe to be potentially fraudulent funds;

• infringe our or any third party’s intellectual property rights, rights of publicity or privacy;

• use the WideBizz Services if you are under the age of 18 years without a parental sponsor or, in any event, use the WideBizz Services if you are under the age of 13 years old even with a parental sponsor and in accordance with applicable law;

• post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person;

• post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;

• refuse to cooperate in an investigation or provide confirmation of your identity or any other information provide by you to WideBizz;

• remove, circumvent, disable, damage or otherwise interfere with security-related features of the WideBizz Services and the WideBizz Platform or features that enforce limitations on the use of the WideBizz Services or the WideBizz Platform;

• reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards WideBizz Services or WideBizz Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;

• use the WideBizz Services or the WideBizz Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the WideBizz Services or the WideBizz Platform in an automated manner;

• modify, adapt, translate or create derivative works based upon the WideBizz Services and the WideBizz Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;

• intentionally interfere with or damage operation of the WideBizz Services or the WideBizz Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;

• use any robot, spider, other automatic device, or manual process to monitor or copy the WideBizz Platform without prior written permission;

• interfere or disrupt the WideBizz Platform or networks connected to the WideBizz Platform;

• take any action that imposes an unreasonably or disproportionately large load on WideBizz’s infrastructure/network;

• use any device, software or routine to bypass the WideBizz Platform’s robot exclusion headers, or interfere or attempt to interfere, with the WideBizz Services;

• forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the WideBizz Platform or to manipulate your presence on the WideBizz Platform;

• sell the WideBizz Services, information, or software associated with or derived from it;

• use the facilities and capabilities of the WideBizz Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;

• breach this Agreement, the SSOID Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs;

• provide false, inaccurate or misleading information;

• use the WideBizz Platform to collect or obtain personal information, including without limitation, financial information, about other users of the WideBizz Platform, except and only as expressly provided in the T&Cs;

• avail WideBizz Services with what WideBizz reasonably believes to be potentially fraudulent funds;

• use the WideBizz Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to WideBizz, a third party or you;

• use the WideBizz Services in a manner that WideBizz or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;

• take any action that may cause WideBizz to lose any of the WideBizz Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers;

• send automated request of any kind to the WideBizz Platform without express permission in advance from WideBizz.

Termination; Agreement Violations

You agree that WideBizz, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the WideBizz Services/WideBizz Platform and remove and discard on the WideBizz Platform all or any part of your account, your user profile, or your recipient profile, including your SSOID, at any time. WideBizz may also in its sole discretion and at any time discontinue providing access to the WideBizz Services, or any part thereof, with or without notice. You agree that any termination of your access to the WideBizz Services/WideBizz Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that WideBizz will not be liable to you or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies WideBizz may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the WideBizz Services/WideBizz Platform.

Limitation of Liability and Damages

In no event, WideBizz or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the WideBizz Services, the WideBizz Platform or any reference site/app/platform/service; or (iv) your use or inability to use the WideBizz Services, the WideBizz Platform (including any and all materials) or any reference sites/app/platform/service, even if WideBizz or a WideBizz authorized representative has been advised of the possibility of such damages. In no event, WideBizz or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the WideBizz Services, the WideBizz Platform or any reference site/app/platform/service; or (iv) your use or inability to use the WideBizz services, the WideBizz Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with WideBizz, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the WideBizz Service or the WideBizz Platform giving rise to the cause of action, or beyond or in excess Rs, 1,000, whichever is less. You acknowledge and agree that WideBizz has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and WideBizz, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and WideBizz. WideBizz would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, WideBizz’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.

Indemnification

You agree to indemnify, save, and hold WideBizz, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) your use or misuse of the WideBizz Services or of the WideBizz Platform; (ii) any violation by you of this Agreement or the SSOID Agreement; or (iii) any breach of the representations, warranties, and covenants made by you herein. WideBizz reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify WideBizz, including rights to settle, and you agree to cooperate with WideBizz’s defense and settlement of these claims. WideBizz will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, WideBizz and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from WideBizz or through the WideBizz Services or the WideBizz Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “WideBizz” includes WideBizz’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You acknowledge that WideBizz is a reseller of mobile recharges and is not liable for any third party (telecom companies, mobile operators or suppliers) obligations due to rates, quality and all other instances, whether to any such telecom companies’ subscribers or otherwise. You expressly agree that use of the WideBizz Services on the WideBizz Platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. WideBizz does not warrant that the WideBizz Services will be uninterrupted or error-free or that defects in the site will be corrected. The WideBizz Services and the WideBizz Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. WideBizz, and its third party suppliers, licensors, and partners do not warrant that the data, WideBizz software, functions, or any other information offered on or through the WideBizz Services/WideBizz Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. WideBizz and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the WideBizz Services/WideBizz Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the WideBizz Services/WideBizz Platform or any reference sites/platforms/apps/services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will WideBizz be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the WideBizz Platform.

Ownership; Proprietary Rights

The WideBizz Services and the WideBizz Platform are owned and operated by WideBizz and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the WideBizz Services and the WideBizz Platform provided by WideBizz (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and WideBizz, all Materials, trademarks, service marks, and trade names contained on the WideBizz Platform are the property of WideBizz and/or third party licensors or suppliers. You agree not to remove, obscure, or alter WideBizz or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the WideBizz Services/WideBizz Platform. Except as expressly authorized by WideBizz, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. WideBizz reserves all rights not expressly granted in this Agreement. If you have comments regarding the WideBizz Services and/or the WideBizz Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to WideBizz, and shall assign to WideBizz, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Modification of this Agreement

WideBizz reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the WideBizz Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the WideBizz Platform, availing the WideBizz Services or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the WideBizz Services/WideBizz Platform. For certain changes, WideBizz may be required under applicable law to give you advance notice, and WideBizz will comply with such requirements.Your continued use of the WideBizz Platform following the posting of changes will mean that you accept and agree to the changes.

Notice

WideBizz may provide you with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the WideBizz Platform or by any other reasonable means. Except as otherwise set forth herein, notice to WideBizz must be sent by courier or registered mail to One97 Communications Ltd., B-121, Sector-5, Noida, Uttar Pradesh 201301, India.

Waiver

The failure of WideBizz to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by WideBizz.

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any WideBizz Service or the WideBizz Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably.

If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, WideBizz may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either you or WideBizz may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to you or WideBizz (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor WideBizz may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and WideBizz. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

Governing Law and Forum for Disputes

Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against WideBizz must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

Assignment; Restrictions on Information Sharing; Privacy

This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without WideBizz’s prior written consent which may be withheld in WideBizz’s sole discretion, but this Agreement, and any rights granted hereunder, may be assigned by WideBizz freely (including to its affiliates) and without any restriction. Any assignment attempted to be made by you in violation of this provision shall be void and of no effect.

By accepting this Agreement and the T&Cs hereunder, you agree to be customers of WideBizz (including, each ofOne97 Communications and its affiliates). In addition, by accepting this Agreement and the T&Cs hereunder, you expressly and impliedly provide your free and unconditional consent for the following: (a) for transferring WideBizz’s rights and obligations under this Agreement and the T&Cs in favour of any affiliate or third party; (b) for using the WideBizz Platform and availing the WideBizz Services by you subject to any specific terms and conditions imposed by any affiliate of WideBizz; (c) for receiving communications, notices and information from any One97 or any affiliate of One97; (d) for sharing of business information (including data analytics and any information relating to you or the services being availed by you) between One97 and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services to WideBizz’s customers (including you); (ii) provision of better services by WideBizz’s vendors; (iii) to prevent any breach of a binding agreement between One97 and any affiliate, or to give effect to any such agreement; (iv) for ensuring compliance with the applicable law or legally compelled disclosures by WideBizz or by any affiliate of WideBizz; or (v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of One97 or any affiliate; or (vi) One97 retaining any and all information relating to you till such time as may be required under applicable laws or internal policies.

At times One97or its affiliates may make certain personal information available to affiliates, and, strategic partners that work with WideBizz to provide products and services, or that help WideBizz market to customers. Personal information will only be shared by WideBizz to provide or improve WideBizz’s products, services and advertising, and will always be shared in compliance with applicable laws; it will not be shared with non-affiliated third parties for their marketing purposes.

WideBizz, amongst others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in WideBizz’s products and services, offering any products or services from any WideBizz Platform, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable law and these companies are obligated to protect your personal information under applicable law.

It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities − for WideBizz to disclose your personal information. WideBizz may also disclose information about you if WideBizz determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.

WideBizz may also disclose information about you if WideBizz determines that disclosure is reasonably necessary to enforce the T&Cs or protect WideBizz’s operations or users. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of WideBizz’s business or products or services offered through any WideBizz Platform to any persons (including any affiliates), WideBizz may transfer any and all personal information that WideBizz collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees.

For the purposes of these T&Cs, the term “affiliates” means and includes: (a) any company which is the holding company (as defined in the Companies Act, 2013), subsidiary company (as defined in the Companies Act, 2013) or associate company (as defined in the Companies Act, 2013) of One97; or (b) a person under the control of or under common control with One97; or (c) any company, who is an associate company (as defined in the Companies Act, 2013) of the first company, or if more than 50% of the share capital of such company (calculated on a fully diluted basis) is held by the same shareholders who own more than 50% of the share capital of One97 Communications Limited (calculated on a fully diluted basis)..

For the purpose of this definition of an “affiliate”, “control” together with its grammatical variations when used with respect to any person (including WideBizz), means the power to direct the management and policies of such person, directly or indirectly, whether through the ownership of the voting securities, by contract or otherwise howsoever; and a “person” means a company, corporation, a partnership, trust or any other entity or organisation or other body whatsoever.

WideBizz’s privacy policy applies to use of the WideBizz Platform, and its terms are made a part of these T&Cs by this reference. Additionally, by using the WideBizz Platform, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the WideBizz Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

Headings

The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This Agreement is the entire agreement between you and WideBizz relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by WideBizz in accordance with the terms of this Agreement.

Bill Payments and Digital Products Terms & Conditions

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the WideBizz website located at WideBizz.com, and all associated sites linked to WideBizz.com, or the WideBizz mobile application or any similar platform (hereinafter collectively, the WideBizz Platform) run by One97 Communications Limited, having its registered office at First Floor Devika Tower, Nehru Place New Delhi – 110019 and headquartered at B-121, Sector-5, Noida – 201301 and/or any of its affiliates (hereinafter collectively, One97 or WideBizz) on any device and/or before availing any travel, recharge or bill payment or digital products related services offered by WideBizz on the WideBizz Platform (hereinafter, individually WideBizz Digital Service and collectively, the WideBizz Digital Services).

Eligibility

The WideBizz Digital Services are not available to persons under the age of 18 or to anyone previously suspended or removed by WideBizz from availing the WideBizz Digital Services or accessing the WideBizz Platform. By accepting the T&Cs or by otherwise using the WideBizz Digital Services on the WideBizz Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by WideBizz, or disqualified for any other reason, from availing the WideBizz Bill Payment and Digital Goods Services or using the WideBizz Platform. In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, WideBizz reserves the right to suspend or permanently prevent you from availing WideBizz Digital Services or using the WideBizz Platform.

Digital Services

WideBizz facilitates the payment of certain bills through the WideBizz Platform with respect to certain services offered by WideBizz business partners who have partnered with WideBizz to enable their bills to be paid through the WideBizz Platform. Please see the relevant links on the WideBizz Platform for more information on WideBizz’s bill payment service. Further, WideBizz also offers certain digital products which facilitate the purchase of prepaid recharges for mobile, DTH, toll and data card as well as purchase of movie tickets, bus tickets, hotel reservations, flight tickets and purchase of tickets to amusement or theme parks, etc. Other digital products available on the WideBizz Platform also include coupon redemption services. The terms and conditions in relation to bill payments and digital products are set out below. The terms and conditions in relation to bill payments and digital products set out below are applicable to and binding on you in conjunction with the SSOID terms and conditions already accepted by you. Each SSOID term or condition is applicable to and binding on you, or any of your activities on the WideBizz Platform, even if such term or condition is not specifically reproduced herein below. The terms ‘Agreement’ or ‘T&Cs’ mentioned herein below includes the terms and conditions in relation to bill payments and digital products set out below and the SSOID terms and conditions as well as other service-specific terms and conditions in relation to WideBizz Services or WideBizz Platform.

WideBizz Recharges

WideBizz is only a reseller of digital products. WideBizz does not provide mobile operator services and is only a reseller of prepaid mobile recharge services which are ultimately provided by telecommunications service providers (hereafter Telco or Telcos) or by other distributors or aggregators of such Telcos. WideBizz is not a warrantor, insurer, or guarantor of the services to be provided by the Telcos. Prepaid mobile recharge sold by WideBizz to you is sold without recourse against WideBizz for any breach of contract by the Telcos. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the mobile prepaid recharge purchased must be handled directly between you (or the recipient of the recharge) and the Telco. The terms and conditions set out in this section are applicable, mutatis mutandis, to other prepaid recharge products available on the WideBizz Platform including prepaid recharges in relation to DTH, data card and toll tags as well as to other prepaid recharge products that may be offered on the WideBizz Platform. WideBizz will not be responsible for any failure on the part of any of its recharge partners in effecting a recharge.

Refund Policy

All sales of prepaid recharge on the WideBizz Platform are final with no refund or exchange permitted. You are responsible for the mobile number or DTH account number for which you purchase the prepaid recharge and all charges that result from those purchases. You are also responsible for the information relating to data card and toll-tag recharge and all charges that result from those purchases. WideBizz is not responsible for any purchase of prepaid recharge for an incorrect mobile number or DTH account number or incorrect toll or data card information. However, if in a transaction performed by you on the WideBizz Platform, money has been charged to your card or bank account and a recharge is not delivered within 24 hours of the completion of the transaction, then you shall inform us by sending an e mail to our customer services e mail address mentioned on the ‘Contact Us’ page on the WideBizz Platform. Please include in the e-mail the following details – the mobile number (or DTH account number or data card or toll-tag information), operator name, recharge value, transaction date and order number. WideBizz will investigate the incident and, if it is found that money was indeed charged to your card or bank account without delivery of the recharge, then you will be refunded the money within 21 working days from the date of receipt of your e mail. All refunds will be credited to your semi- closed wallet. You can trigger a request in your WideBizz wallet to transfer the money from your WideBizz wallet back to source. It will take 3-21 working days for the money to show in your bank account depending on your bank’s policy.

Bill Payments

In order to use the bill payments service or any other WideBizz Service, you will need to obtain access to the World Wide Web or the Internet, either on a computer or on any other device that can access web-based content, and you will also need to pay any service fees associated with such access. In addition, you must have all equipment necessary to make such connection to the World Wide Web or the Internet, including a computer and a modem or any other set of access devices. WideBizz and/or the WideBizz business partner (including WideBizz’s bill payment partners) reserve the right to charge and recover from you, such fees for availing the service as the case may be. These charges shall be effective from the time when they are posted on the WideBizz Platform or on the WideBizz business partner’s channel/portal/website through which you are availing the specific service. You are bound by such revisions and should therefore visit the WideBizz Platform or check with the WideBizz business partner’s channel/portal/website through which you are availing the specific service in order to review the applicable fees which may vary from time to time. In the event that you stop or seek a reversal of the payment instructions as may have been submitted, WideBizz shall be entitled to charge and recover from you and you shall be liable to pay such charges to the bill payment service provider as may be decided by WideBizz. These charges shall be charged on to your designated payment account or in any other manner as may be decided by WideBizz. WideBizz offers a convenient and secure way to make payments towards identified biller(s) using a valid payment account. Depending upon the WideBizz business partner through whom the specific service is availed by you (i) the specific features of the service may differ; (ii) the number of billers available over the service may differ; (iii) the type and range of payment accounts that can be used to issue a payment instructions may differ; (iv) the modes/devices over which the service can be accessed may differ; and (v) the charges, fees for availing the service or any aspect of the service may differ. Specific details related to these aspects would be available with the WideBizz business partner on their channel/portal/website over which the service is being availed. From time to time, WideBizz, at its sole discretion, can add to or delete from such list of billers or types of payment accounts that can be used in respect of making payments to a biller. The type and range of payment accounts that can be used for making payments may differ for each biller depending on biller specifications. There may be additional fees/charge when using certain types of payment accounts in respect of a biller. The terms upon which a payment can be made to a biller can differ depending on whether a card or a bank account is used to issue the payment instruction. Further, depending on the specific facilities allowed by a WideBizz business partner, payments to a biller can be made either (a) by issuing a payment instruction for an online debit/charge to a payment account or (b) by scheduling an automated debit to a payment account. In using the bill payment service, you agree to:

• provide true, accurate, current and complete information about yourself (“Registration Data”), your payment account details (“Payment Data”), your biller details (“Biller Data”); and

• maintain and promptly update the Registration Data, Payment Data and Biller Data to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or WideBizz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WideBizz has the right to suspend or terminate your account and refuse any and all current or future use of the WideBizz Services/WideBizz Platform (or any portion thereof). The term biller includes telecom operators.

WideBizz assumes no responsibility and shall incur no liability if it is unable to affect any payment instruction(s) on the payment date owing to any one or more of the following circumstances:

• If the payment instruction(s) issued by you is/are incomplete, inaccurate, invalid and delayed;

• If the payment account has insufficient funds/limits to cover for the amount as mentioned in the payment instruction(s);

• If the funds available in the payment account are under any encumbrance or charge;

• If your bank or the National Clearing Centre refuses or delays honouring the payment instruction(s);

• If payment is not processed by biller upon receipt;

• Circumstances beyond the control of WideBizz (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force).

In case the bill payment is not effected for any reason, you will be intimated about the failed payment by an e-mail.

Bus Tickets

• WideBizz is only a bus ticket agent. It does not operate buses or offers bus transport services. In order to provide a comprehensive choice of bus operators, departure times and prices to customers, WideBizz has tied up with many bus operators and service providers.

• WideBizz’s advice to customers is to choose the bus operators who they are aware of and whose service they are comfortable with.

• WideBizz’s responsibilities include:

  • issuing a valid ticket (a ticket that will be accepted by the bus operator) for its network of bus operators;

  • providing refund and support in the event of cancellation; and

  • providing customer support and information in case of any delays/inconvenience.

  WideBizz’s responsibilities do not include:

• The bus operator’s bus not departing/reaching on time;

• The bus operator’s employees being unprofessional or engaging in unlawful conduct;

• The bus operator’s bus seats, etc., not being up to the customer’s expectation;

• The bus operator cancelling the trip due to any reason;

• The baggage of the customer getting lost/stolen/damaged;

• The bus operator changing a customer’s seat at the last minute to accommodate any of the following passengers: senior citizens, children, pregnant women, persons with disability or any other person in a situation of emergency;

• The customer waiting at the wrong boarding point (please call the bus operator to find out the exact boarding point if you are not a regular traveller on that particular bus or route);

• The bus operator changing the boarding point and/or using a pick-up vehicle at the boarding point to take customers to the bus departure point.

• The arrival and departure times mentioned on the ticket are only tentative timings. However, the bus will not leave the source before the time that is mentioned on the ticket.

• Passengers are required to furnish the following at the time of boarding the bus:

  • A copy of the ticket (a printout of the ticket or the printout of the ticket e mail).

  • Identity proof (Aadhaar Card, Driving license, Student ID card, Company ID card, Passport, PAN card or Voter ID card). Failing to do so, they may not be allowed to board the bus.

• Passengers must also be aware of the following :

  • Change of bus: In case the bus operator changes the type of bus due to some reason, WideBizz will refund the differential amount to the customer upon being intimated by the customers within 24 hours of the journey.

  • Cancellation Policy: Passengers are expected to read the ticket cancellation policy carefully. Tickets will be cancelled as per the cancellation policy linked with the ticket. The transaction charges will not be refunded in the event of ticket cancellation.

  • Refund policy mentioned on the ticket is indicative. The actual cancellation charges are determined by bus operators and bus providers at the actual time of cancellation. WideBizz has no role in governing the cancellation charges.

  • Cancellation charges are calculated on the actual fare of the ticket. If any discount coupons are used while purchasing the ticket, the discounted value would be used to calculate the refund amount when a ticket is cancelled.

  • In case a booking confirmation e mail and SMS gets delayed or fails because of technical reasons or as a result of incorrect e mail ID/phone number provided by the user, etc., a ticket will be considered ‘booked’ as long as the ticket shows up on the confirmation page of the WideBizz Platform.

  • Amenities on the buses as shown on WideBizz have been configured and provided by the bus service provider (bus operator). These amenities will be provided unless there are some exceptions on certain days. Please note that WideBizz provides this information in good faith to help passengers to make an informed decision. Provision of video, air conditioning and any such other services mentioned by WideBizz’s travel partners in the buses is their own responsibility. Any refunds/claims due to non-functioning or un-availability of these services needs to be settled directly with the bus service provider.

• WideBizz is not responsible for any kind of journey inconvenience, injury or death, caused during the journey or flowing from the journey.

• For any issues relating to cancellation or refund, the passenger may contact WideBizz within 15 days of date of travel, beyond which period request would not be processed.

• WideBizz may call the mobile phone number provided by you while registering with the WideBizz Platform, or any updated mobile number subsequently provided by you on the WideBizz Platform, or contact you via e-mail, for the purpose of collecting feedback from you regarding your travel bookings, including but not limited to the bus facilities and/or services of the bus operator.

• Grievances and claims related to the bus journey should be reported to WideBizz support team within 10 days of your travel date.

Movie Tickets

WideBizz is an intermediary within the meaning of the Information Technology Act, 2000 and the rules thereunder and merely facilitates the sale and purchase of movie tickets between the merchant, i.e., the cinema owner, and customer. For the purposes of this section, a merchant shall mean a cinema owner or the person owning inventory of movie tickets that are being sold on the WideBizz Platform. WideBizz does not at any point of time during any transaction between the customer and the merchant, take the ownership of any of the products/services provided by merchant. Nor does WideBizz at any point assert any rights or claims over the products/services offered by the merchant to the customer.

In using the WideBizz Platform for purchasing movie tickets, you explicitly agree and acknowledge that:

• Bookings for the tickets once made by you cannot be cancelled, exchanged or refunded;

• Your booking confirmation will be sent via an e mail and/or SMS;

• You or the person collecting the ticket(s) on your behalf need to print and present the e mail ticket at the counter in order to avail a physical ticket from the cinema box office of the merchant at the premises of the cinema hall concerned;

• To collect the tickets from the cinema box office, it is mandatory for you or the person collecting the ticket(s) on your behalf to present the debit/credit card that has been used to book ticket(s) along with the booking confirmation SMS or e mail print out;

• The holder of a physical ticket is deemed to be the owner of the ticket(s);

• A convenience fee per booking in respect of the ticket(s) is levied on all tickets booked by you online. Kindly check once before you make the booking;

• As per the merchant’s terms and conditions, you need to make the bookings for the tickets in respect of the children above the age of 3 years;

• As per the merchant’s terms and conditions, in case a physical ticket is lost or misplaced, a duplicate ticket cannot be issued;

• If the merchant cancels the show, WideBizz will not be held responsible for such cancellation. In such cases, WideBizz will automatically issue a refund to your WideBizz wallet with applicable deductions the amount paid by you for the movie ticket(s) booked on WideBizz within 48 hours of the cancellation;

• If you do not receive a confirmation number (in the form of a confirmation SMS or e mail) after submitting payment information, or if you receive an error message or service interruption after submitting payment information, you should immediately report to the WideBizz customer care. WideBizz will not be responsible for any losses occurred in the process;

• Please add movies@WideBizz.com to your address book to ensure e mail delivery in your inbox. WideBizz will not be responsible for any loss caused due to the confirmation e-mail or any other e-mail relating to the ticket booking process not being delivered to your primary inbox;

• By booking a ticket on the WideBizz Platform, you agree and undertake to adhere to and comply with the terms and conditions of respective merchants in respect of all the bookings made by you for the tickets through the WideBizz Platform;

• As per the merchant’s terms and conditions, outside food and beverages are not allowed inside the cinema hall’s premises;

• We may share your telephone number(s) with our service providers (including the merchants) who we have contracted with to assist us in pursuing our rights or performing our obligations under the user agreements, our policies, or any other agreement we may have with you. These service providers may also contact you using auto-dialled or pre-recorded messages calls and/or SMS or other messages in any other form, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.

• By accepting the T&Cs, including the specific terms and conditions in this section, you accept that WideBizz may send the alerts to the mobile phone number/e mail provided by you while registering on the WideBizz Platform or to any such number replaced and informed by you subsequently;

• Notwithstanding anything to the contrary contained herein, neither WideBizz nor affiliates of WideBizz or its officers, directors, employees or merchants or any related party shall have any liability to you or to any third party for any direct, indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to the T&Cs, the WideBizz Platform or WideBizz Services, even if any of said parties had been advised of, knew of, or should have known of, the possibility of such damages. To the maximum extent permitted by law, WideBizz’s maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or any other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to Rs. 100. To the maximum extent permitted by law, you waive, release, discharge and hold harmless WideBizz or affiliates of WideBizz, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the WideBizz Platform and/or WideBizz Service.

Theme/Water/Amusement Parks Tickets

WideBizz is an intermediary within the meaning of the Information Technology Act, 2000 and the rules thereunder and merely facilitates the sale and purchase of tickets between the merchant and the customer. For the purposes of this section, merchant shall mean any theme park, water park, amusement park or any other similar establishment for which ticket(s) have been purchased through the WideBizz Platform. WideBizz does not at any point of time during any transaction between the customer and merchant take the ownership of any of the products/services provided by the merchant. Nor does WideBizz at any point asserts any rights or claims over the products/services offered by the merchant to the customer.

In using the online ticketing service on the WideBizz Platform, you explicitly agree and acknowledge the following:

• Bookings for the tickets once made by you cannot be cancelled, exchanged or refunded;

• Your booking confirmation will be sent via an e mail and/or SMS. For e-tickets, you need to print and present the e-mail confirmation at the ticket counter in order to avail a physical ticket(s)and/or band(s), as the case may be, from the ticket counter;

• WideBizz will not responsible for any loss, damage or injury sustained by the customer at the theme park/water park/amusement park premises or any other similar establishment for which ticket(s) were purchased through the WideBizz Platform;

• WideBizz will not be responsible if certain activities, rides, slides and attractions purported to be offered by the merchant were not functional on any particular day;

• By purchasing tickets through the WideBizz Platform, you warrant and represent that you are in good health and acknowledge the risks that are incumbent while undertaking the activities offered by the merchants;

• WideBizz shall will not be responsible for your health, safety and well-being during or after undertaking the activities offered by the merchant;

• To collect the tickets from the ticket counter, it is mandatory for you to present to the merchant run ticket counter, the debit/credit card that has been used to book tickets along with the booking confirmation (SMS/e-mail printout). The holder of a physical ticket is deemed to be the owner of the ticket;

• A convenience fee per booking in respect of the ticket may be levied on the tickets booked by you online. Kindly check once before you make the booking;

• You need to make bookings for the tickets in respect of children (of certain age or height) as per the merchant terms and conditions;

• As per the merchant terms and conditions, in case a physical ticket and/or band is lost or misplaced, a duplicate ticket and/or band cannot be issued;

• If the merchant cancels the activities, WideBizz will not be held responsible for the same. In such cases, WideBizz will automatically issue a refund to your WideBizz wallet with applicable deductions the amount paid by you for the ticket(s) booked on WideBizz within 96 hours from the event date;

• If you do not receive a confirmation number (in the form of a confirmation SMS or e mail) after submitting payment information, or if you receive an error message or service interruption after submitting payment information, you should immediately report to the WideBizz customer care. WideBizz will not be responsible for any losses occurred in the process;

• By making a booking of a merchant ticket, you agree and undertake to adhere to and comply with the terms and conditions of respective merchant establishments in respect of all the bookings made by you for the tickets through the WideBizz Platform;

• As per the merchant terms and conditions, outside food and beverages are not allowed inside the premises;

• WideBizz may share your telephone numbers with WideBizz’s service providers (such as merchants or owners of ticket counters, etc.) who WideBizz has contracted with to assist WideBizz in pursuing its rights or performing tis obligations under the user agreement, our policies, or any other agreement WideBizz may have with you. These service providers may also contact you using auto-dialled or pre-recorded messages calls and/or SMS or other messages in any other form, only as authorized by WideBizz to carry out the purposes identified above, and not for their own purposes;

• By accepting the T&Cs, including the specific terms and conditions in this section, you accept that WideBizz may send the alerts to the mobile phone number/email provided by you while registering for the WideBizz Platform or to any such number replaced and informed by you subsequently;

• Notwithstanding anything to the contrary contained herein, neither WideBizz nor its affiliates of WideBizz, its officers, directors, employees or merchants or any related party shall have any liability to you or to any third party for any direct, indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms, the WideBizz Platform or the WideBizz Services, even if any of said parties had been advised of, knew of, or should have known of the possibility of such damages. To the maximum extent permitted by law, WideBizz’s maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or any other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to Rs. 100. To the maximum extent permitted by law, you waive, release, discharge and hold harmless WideBizz or affiliates of WideBizz, , and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the online platform;

Coupon Redemption

In addition to the T&Cs, coupon redemption is subject to standard and specified terms and conditions mentioned by respective retailers. Coupons are issued on behalf of respective retailers. Hence, any damages, injuries, losses incurred by the you as a result of using the coupon is not the responsibility of WideBizz and its affiliates, and each of their directors, officers, employees, and agents. Total cashback for a user cannot be more than 50% of his payments or Rs 10,000, whichever is higher. This term supersedes any offer related to any other WideBizz Service.

WideBizz Marketplace – Travel

You hereby acknowledge and agree that WideBizz merely provides online marketplace services through its WideBizz Platform (including but not limited to its website www.WideBizz.com or app) in order to facilitate listings/bookings by aggregators directly and/or through its Merchants (including but not limited to flight, hotel and car hire booking and price comparisons). The travel booking related services are also called the Marketplace Terms are an integral part of the Agreement and the T&Cs. You can make these bookings subject to the respective aggregator’s terms and conditions. Most hotels have a policy that do not allow unmarried couples to check in. For more information, WideBizz requests you to contact the hotel in order to get further clarifications and confirmation or the same can be confirmed on their websites as well. You are requested to please go through the Merchant/vendor provided terms and conditions before making any bookings for hotels, flights, car rental, etc., through the WideBizz Platform. Some such Merchant/vendor provided terms and conditions may be found on the following links:

• Ezeego1 – https://www.ezeego1.co.in/live/useragreement.screen?productType=useragreement

• Little – https://checklittle.com/terms.html

• Roomstonite –

If a link to the Merchant/vendor specific terms and conditions is not provided here then you are expected to find them on their websites or procure them from the vendors/Merchants directly through any other means. WideBizz is not responsible for your inability to access such terms and conditions or for any loss resulting from such terms and conditions or lack thereof.

You agree and acknowledge that the actual contract for sale is directly between you and the Merchant/vendor. WideBizz provides these services to you which are informational in nature. WideBizz is not a travel or booking agent or a last mile service provider to you and, therefore, WideBizz shall not be deemed to be liable for any fault in the content/booking/listing services provided by aggregator or the Merchant/vendor. WideBizz is also not responsible for setting or controlling the prices applicable to such searches and bookings through the WideBizz Platform. All such listings/bookings are provided by the aggregator directly and/or through its Merchants/vendors and are subject to the terms and conditions imposed by the concerned aggregator or the Merchant/vendor. WideBizz does not control or prevent changes in the published details and descriptions of websites/apps operated by the aggregator or the Merchant/vendor and is not responsible for any content therein. WideBizz has no control over the existence, quality, safety or legality of items displayed; the accuracy of the aggregator’s content or listings; the ability of the aggregator and Merchant/vendor to sell items or provide services. WideBizz does not at any point of time during any transaction between you and aggregator/Merchant/vendor, take the ownership of any of the listing, bookings offered by the aggregator/Merchant/vendor. Nor does WideBizz at any point asserts any rights or claims over the same offered by the aggregator/Merchant/vendor to you. In using the online marketplace service, you explicitly agree and acknowledge that:

1. WideBizz, through the WideBizz Platform makes available, content/listings/bookings offered by the aggregators either directly and/or through its Merchants/vendors. Availing such bookings/listings will be subject to the terms of offer for sale and such other additional terms, if any, as specified by such aggregator.

2. WideBizz is not a warrantor of the content/listings/bookings being offered on WideBizz by various aggregators or Merchant/vendors. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed as per the terms and conditions of the aggregator or the Merchant/vendors, and you agree to handle such issues and disputes directly between you and the aggregator or Merchant/vendor. You acknowledge that WideBizz gives no guarantee, either express or implied, regarding the use or availability of online marketplace service or bookings made by you through online marketplace.

3. WideBizz, may at its discretion, offer marketing promotion benefits by way of gift coupons, cash back, free gifts, etc., on all or some of the products or services from time to time. WideBizz is not liable for any defect or fault in listings/bookings, content the product or deficiency in service of the aggregator or Merchant/vendor purchased through the WideBizz Platform. WideBizz is not responsible for any warranty, guarantee, post sale claims, genuineness of listings/bookings, content, products and services as WideBizz is just a platform that facilitates booking through the aggregator or Merchant/vendor. WideBizz will not be liable for any claims including but not limited to any misrepresentation by the aggregator or the Merchant/vendor in its content/listings/bookings.

4. The WideBizz Platform makes available general Third Party Content. Third Party Content would also be available to you on the e-mail received by you from WideBizz. WideBizz will not be responsible for infringement of any third party’s intellectual property rights and rights of privacy in such cases. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. WideBizz does not provide any guarantee with respect to any the Third Party Content and WideBizz shall not be held liable for any loss suffered by you based on its reliance on/or use of such Third Party Content. You should contact such third party site/app for their terms and conditions, privacy policy, complaints and clarification governing various features and offers or the products and services offered by them.

5. Please check visa and passport requirements needed for your travel itinerary. WideBizz is not liable for issues related to visa and incorrect passport info or any issues arising under the laws of India or of any other country.

6. Cancellation/refund: The cancellation/refund in respect of the bookings and charges, if any, will also be governed as per the terms and conditions of the aggregator or of the Merchant/vendor. WideBizz has no role in governing refund/cancellation charges. WideBizz, being an online marketplace services provider, will not be responsible for refund/cancellation including any charges arising therefrom. The aggregator or the merchant/vendor is solely responsible for the content/listings/bookings made available by it through the WideBizz Platform and you should contact the respective aggregator or Merchant/vendor directly in relation to the above mentioned queries.

7. Use of Information: WideBizz may share your telephone/mobile numbers or e-mail addresses with our service providers (such as billing or collections companies) who we have contracted with to assist WideBizz in pursuing our rights or performing our obligations under the user agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using auto-dialed or pre-recorded message calls and/or SMS or other messages in any other form, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes. By accepting T&Cs in general including the SSOID terms and the Marketplace Terms, you accept that WideBizz may send alerts to the mobile phone number/ e-mail address provided by you while registering for the WideBizz Service/WideBizz Platform or to any such number/e-mail address replaced and informed by you subsequently.

8. Limitation of liability and waiver: In no event, WideBizz or the aggregators or its Merchants/vendors, sellers, contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement, including these T&Cs and Marketplace Terms; (ii) the SSOID Agreement; (iii) the WideBizz Services, the WideBizz Platform or any reference site/app/platform/service; or (iv) your use or inability to use the WideBizz Services, the WideBizz Platform (including any and all materials) or any reference sites/app/platform/service, even if WideBizz or a WideBizz authorized representative has been advised of the possibility of such damages. In no event, WideBizz or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement, including these T&Cs and the Marketplace Terms; (ii) the SSOID Agreement; (iii) the WideBizz Services, the WideBizz Platform or any reference site/app/platform/service; or (iv) your use or inability to use the WideBizz services, the WideBizz Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with WideBizz, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the WideBizz Service or the WideBizz Platform giving rise to the cause of action, or beyond or in excess Rs, 1,000, whichever is less. You acknowledge and agree that WideBizz has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and WideBizz, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and WideBizz. WideBizz would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, WideBizz’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement, including these T&Cs, SSOID terms and the Marketplace Terms.

9. Dispute Resolutions: If any dispute, controversy or claim arises under this Agreement or in relation to any WideBizz Service or the WideBizz Platform, including any question regarding the existence, validity or termination of this Agreement or these T&Cs or these Marketplace Terms (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, WideBizz may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either you or WideBizz may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to you or WideBizz (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor WideBizz may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and WideBizz. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement, the T&Cs or the Marketplace Terms.

10. Jurisdiction: Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against WideBizz must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

11. Grievance Office: If you are not satisfied with WideBizz service, please write to the following address: Grievance Officer, One97 Communications Ltd., B121, Sector 5 Noida – 201301 Or https://WideBizz.com/care?utm_source=grievance_email to escalate an existing ticket to Grievance Officer.

MMTC – PAMP Terms and Conditions

These “terms” and “Conditions of Use” (“Terms”) constitute an electronic record within the meaning of the applicable laws. This electronic record is generated by a computer system and does not require any physical or digital signatures. These Terms shall be in addition to and not in derogation to any other terms as stipulated from time to time. By using this facility on the WideBizz Platform, you are agreeing to and accept these Terms.

1. In these Terms, references to “you”, or “Customer” shall mean the counterparty who transacts using the WideBizz “Platform”, being a natural person, buying Gold, redeeming Gold in the form of redeemable products, selling back Gold to MMTC-PAMP . “Platform” shall mean, and include, the platforms (website, mobile apps, others) of One97 Communications, that the Customer accesses for the transactions, including all contents, services and technology offered through the Platform. “Service Providers” mean independent third party service providers, and references to the “Seller”, “MMTC-PAMP”, “we”, “us” and “our” shall mean MMTC-PAMP India Private Limited. . “Transfer” refers to a facility to transfer Gold from a gold account to gold account of another Customer(s).

2. We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Platform and shall be deemed to be notified to the Customer accordingly. Notwithstanding anything contrary, Customer shall be responsible for regularly reviewing the Terms, including amendments thereto as may be posted on the Platform and shall be deemed to have accepted the amended Terms by continuing the use of Platform.

3. MMTC-PAMP shall be entitled to collect and store relevant information and documents provided by the Customer to the Platform for KYC purposes,For cumulative lifetime purchases of Rs. 50,000/- and above and subsequently from time to time. Further, as and when required by MMTC-PAMP / One97, the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize MMTC-PAMP and One97 to make such enquiries as they may feel necessary to satisfy themselves about the validity of your identity. You undertake to update us and One97 in case of change of your existing information or verification documents provided by you.

4. You shall be responsible for the correctness of information to MMTC-PAMP / One97 from time to time. If you have reasons to believe that there is an error in the information furnished to MMTC-PAMP / One97 you shall immediately advice the MMTC-PAMP / One 97 in writing and forthwith provide correct / updated information.

5. We reserve the right to terminate any Gold account, with or without notice to you, in the event the KYC documents / information are found to be incorrect or authenticity of the documents / information is found to be doubtful. You hereby undertake to indemnify and keep indemnified MMTC-PAMP and One97 against any and all losses, claims, liabilities costs etc. which arise out of or relating to your failure to identify yourself and validate your account promptly and / or due to incorrect KYC documents / information.

6. You can offer to buy Gold worth Rs. 1.00 (Rupee One Only) and above incremental value thereof at the live purchase price of Gold of 999.9 purity displayed on the Platform.

7. Payment will be accepted only through your WideBizz wallet or other payment options made available on the Platform. At the time of purchase / redemption / sale-back / transfer of Gold, the relevant taxes will be chargeable as applicable as per the Government regulations.

8. At the time of redemption, the Customer can select redeemable product for redemption from catalogue of redeemable products. These redeemable products will be hosted on the Platform. The list of redeemable products may be altered, changed and amended by MMTC-PAMP from time to time at its sole discretion.

9. At the time of redemption in physical deliverable product form, the Customer will pay additional manufacturing and delivery charges and applicable taxes on the same. The redeemable product selected from the catalogue for delivery shall be subject to availability of stock with the MMTC-PAMP.

10. For each confirmed purchase of Gold by the Customer , MMTC-PAMP India will be the custodian of the metal, till (a)) sell-back by the Customer, (b) redemption by the Customer, or (c) expiry of Custody Period,. For the purpose of this clause, ‘Custody Period’ shall mean a period of 5 years from each separate purchase f Gold by the Customer. The Gold purchased by you or transferred to your Gold account will be allocated and stored in a highly advanced and secured vault of MMTC-PAMP, with full insurance cover. If you redeem your gold after the Custody Period, additional charges will be levied.

11. The Customer will have the option of redeeming and asking for physical delivery of the full or part of the accumulated gold holding, in the form of redeemable products starting from 1 (One) gm and above. The residual fractional gold remaining, upon redemption / Transfer by you of the entire gold holding, can be sold back by you to us at the live sell-back price of gold of 999.9 purity and the corresponding amount against the residual fractional gold sold by you will be credited in your WideBizz wallet instantly.

12. The Customer cannot buy and redeem Gold on the same day.

13. You need to pay the applicable making and delivery charges from your WideBizz wallet or other payment instruments made available on the Platform in order to redeem the redeemable product of your choice.

14. Once the redemption has been initiated by you and payment received then your gold grams will be debited accordingly from your Gold account.

15. MMTC-PAMP may also, from time to time in future, offer/permit the Customer to sell-back its gold in fraction to MMTC-PAMP at prevailing live sell-back price of gold of 999.9 purity, during the offer period as may be announced / permitted by MMTC-PAMP. The money against the fractional gold sold by a Customer would be credited to the customer.

16. Live purchase price of Gold will be displayed on the Platform and is subject to change from time to time. At the time you make request for redemption / sell-back, the value of Gold / quantity of Gold to be redeemed / sold back will be displayed based on live sell-back price of Gold. The live purchase price of Gold and live sell-back price of Gold may vary and also may be be different from that available in the open market and/or in any other retail outlet. Your offer may be rejected irrespective of whether an item has been earmarked/wish listed by a Customer. In such an event if you still wish to offer to purchase Gold or sell-back residual fractional Gold, you may make another offer at the changed price. MMTC-PAMP disclaims any and all claims and/or liabilities arising from such non acceptance of offer or revision in prices.

17. While availing any of the payment method/s available on the Platform, MMTC-PAMP will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Customer due to:

1. Lack of authorization for any transaction/s,
2. Exceeding the preset limit mutually agreed by and between the Customer and relevant banks of the Customer,
3. Any payment issues arising out of the transaction,
4. Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a Customer;
5. Temporarily discontinuation of invitation to offer; and / or
6. Decline of transaction for any reason(s) whatsoever.

18. MMTC-PAMP may, at its discretion, prescribe maximum individual/cumulative limits for Customers to accumulate gold or transfer Gold through this scheme from time to time, and reserves the right to refuse to accept order exceeding such limit.

119. At any point of time on any day MMTC-PAMP may temporarily discontinue the invitation to offer for any reason whatsoever.

20. MMTC-PAMP will, at its discretion, close down gold account of Customers, if (a) they are inactive accounts,(for six months) (b) their Custody Period has expired and / or (c) if MMTC-PAMP decides to discontinue the scheme. In such an event, Customers will be required to redeem and / or sell-back their gold holdings. In the event the Customer chooses not to respond, then (i) in case of expiry of Custody Period, MMTC-PAMP reserves the right to repurchase the gold holding of the Customer at the then prevalent live sell-back price, after deducting applicable charges and taxes, (ii) in case of Inactive GAP account, MMTC-PAMP reserves the right to repurchase the gold holding of the Customer, on the expiry of Custody Period, at the then prevalent live sell-back price, (iii) in case of discontinuation of scheme by MMTC-PAMP, MMTC-PAMP reserves the right to repurchase the gold holding of the Customer, on the expiry of Custody Period, at the then prevalent live sell-back price For the purpose of this Clause ‘Inactive Account’ shall mean an account in which there has not been any transaction for a period of 6 (six) months or more.

21. All the proceedings of such forced buy back by MMTC- PAMP shall be kept in a dedicated GAP account and Customer or its successors can claim it after providing sufficient proofs (Id, relationship etc)

22. The Customer will not be entitled to make an offer if the zip code of delivery address is outside serviceable areas. At time of redemption the Customer will be required to provide full delivery address.

23. All redeemable products selected for delivery by Customer for redemption, shall be delivered within India as per instructions of the Customer through our logistics partners. All deliveries where applicable shall be made on a best efforts basis, and while MMTC-PAMP will endeavor to deliver the Products on the dates intimated, the MMTC-PAMP disclaims any claims or liabilities arising from any delay in this regard.

24. The logistics partner of MMTC-PAMP will make a maximum of three attempts to deliver your order. After three attempts gold coin will be delivered back to MMTC-PAMP and customer will need to put the fresh request for the redemption .

25. MMTC-PAMP shall not be liable / responsible, in any manner whatsoever, for any loss / liability arising out of or relating to any technical failure / issue in Platform and / or acts / omission not attributable to MMTC-PAMP.

26. Upon MMTC-PAMP confirming the purchase. redemption, sale-back of Gold in his / her Gold account by Customer, the order / request of Customer to purchase / redemption / sale-back / transfer, as the case may be, shall be binding on the Customer and cannot be cancelled.

27. The Customer shall inform immediately, in any case no later than [30] days of the transaction, of any irregularities or discrepancies that may exist in his/her gold account, failing which it shall be deemed that there is no error or discrepancies in the account. All records maintained by MMTC-PAMP, in electronic or documentary form of the instructions of the Customer and such other details (including, but not limited to payments made or received) pursuant to the Terms, shall as against the Customer, be deemed to be conclusive evidence of such instructions.

28. The Customer understands and acknowledges that any purchase, redemption, sale-back or transfer from / to gold account will be on instructions received by the Customer, and the Customer that you will not violate any applicable laws or regulations for the time being in force in or outside India. The Customer shall be solely responsible for complying with applicable laws in respect of purchase, redemption, , sale-back to and from the gold account including but not limited to the Prevention of Money Laundering Act, 2002, the Prohibitions of Benami Property Transactions Act, 1998, Income Tax Act, 1961 etc including amendment thereof. Customer also agrees and undertakes that he /she will not open any account in the name of any minor. MMTC-PAMP will not be liable in any manner in this regard.

29. The Customer feedbacks pertaining to products shall be deemed to be non-confidential and non-compensatory in nature. MMTC-PAMP reserves the right, at its sole discretion to use such information and such use shall be entirely unrestricted. The Customer hereby irrevocably authorizes MMTC-PAMP to disclose, exchange, share or part with all the information relating to the Customer’s details and payment history information and all information pertaining to transaction and undertakes not to hold MMTC-PAMP /its affiliates/the other group companies of MMTC-PAMP group and their agents liable for use of the aforesaid information.

30. In the event of termination / expiry of MMTC-PAMP’s arrangement with One97 / WideBizz or otherwise at any point of time, MMTC-PAMP reserves the right to migrate your Gold account to an alternative platform and continue with Gold acount on such alternative platform (as decided by MMTC-PAMP). MMTC-PAMP shall also be entitled to notify the Customer for redemption of the products within the time lines as specified in the notice sent by MMTC-PAMP in this regard.

31. These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in New Delhi shall have exclusive jurisdiction in respect of any matters arising therefrom.

32. In the event any dispute arises out of or in connection with the Terms herein, including the validity hereof, the parties hereto shall endeavor to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing.

33. Waiver: Any failure or delay by MMTC-PAMP to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by MMTC-PAMP of that provision or right. The exercise of one or more of a MMTC-PAMP’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to MMTC-PAMP under these Terms or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorized officer of MMTC-PAMP.

34. Force Majeure: If performance under these Terms by MMTC-PAMP is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Platform, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the MMTC-PAMP and could not have been prevented by reasonable precautions then the MMTC-PAMP shall in to be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the MMTC-PAMP of its obligations herein.

35. Absence of relationship: You represent and warrant to MMTC-PAMP that you have sufficient experience and knowledge to make informed decisions to purchase/ redeem/ / sale-back Gold/Redeemable Products. You acknowledge that you are making all of your own decisions in connection with purchases or redemption or sale-back and that you have not relied on any information made available by MMTC-PAMP, and that MMTC-PAMP is not making any recommendation with respect to such purchases/redemption/sale-back/ of Gold/Redeemable Products. No relationship other than seller-purchase, including, without limitation, any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, exists between you and MMTC-PAMP.

36. Electronic Order Risks: Order entry systems have been designed to provide an efficient and dependable method for entering orders. Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet-based order entry. You acknowledge that the order entry system is an electronic mechanical system and as such may be subject to failure beyond the control of MMTC-PAMP. Therefore, MMTC-PAMP shall not be responsible for errors, negligence, inability to execute orders, delays in transmission, delivery or execution of order due to breakdown or failure of transmission or communication facilities, or to any other cause beyond MMTC-PAMP’s control or anticipation. You acknowledge that pricing or typographical errors may occur and that therefore, in the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, MMTC-PAMP reserves the right, at our sole discretion, to refuse or cancel or reject any orders placed for the products. Furthermore, MMTC-PAMP reserves the right to deny refuse or cancel or reject any orders placed in case of market volatility and/ or unusual circumstances or conditions. This includes, without limitation, unexpected unavailability of product/Gold.

37. Customer responsibility for taxes, tariffs and duties: You acknowledge that you are solely responsible for all taxes, tariffs and duties that may be incurred as a result of purchase/redemption/ of Gold/Redeemable Products. MMTC-PAMP will only collect taxes, tariffs and duties on transactions to the extent explicitly required by law. It is your responsibility to be aware and properly address any taxes, tariffs and duties to which you may be subject by any local, state and/ or federal governments. If you have any questions about taxes, tariffs and duties, you should consult a tax or other professional about your unique circumstances. MMTC-PAMP does not represent to provide advice or recommendations about your specific taxes, tariffs and duties and any statements made by us are only for the purpose of raising issues for you to discuss with your tax or other professional.

38. Indemnification: Customer hereby agrees to indemnify and keep MMTC-PAMP indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs, charges and expenses, directly or indirectly, whatsoever (‘Losses’) which MMTC-PAMP or its employees, agents, workers or representative may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of: (i) the usage of the Platform by the Customer; (ii) by reason of MMTC-PAMP ‘s acting in good faith and taking or refusing to take or omitting to take action on the Customer’s instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the Customer; (iii) breach or noncompliance of the Terms and relating to the gold account; and/or (iv) fraud or dishonesty relating to any transaction by the Customer. Without prejudice to the foregoing, MMTC-PAMP shall be under no liability whatsoever to the Customer in respect of any loss or damage arising directly or indirectly out of:

1. Effecting transaction based on instructions received from Customers,
2. The instruction of a Customer to transfer Gold from his / her gold account to another gold account,
3. The exercise by MMTC-PAMP of its right to terminate / exercise the facility/services provided on the Platform,
4. Any injury to the credit, character and reputation of the Customer due to use of facility/ services on the Platform,
5. Any misstatement, misrepresentation, error or omission in any details disclosed by MMTC-PAMP if receives any process, summons, order, injunction, execution distrait, levy lien, information or notice which MMTC-PAMP in good faith believes/ calls into question the Customer’s ability, or the ability of someone purporting to be authorised by the Customer, to make the transfer, MMTC-PAMP may, at its option and without liability to the Customer or such other person, decline to allow the Customer to obtain any portion of his gold/ product, or may handover such gold/product over to an appropriate authority and take any other steps required by applicable law.

39. Disclaimers and limits of liability: MMTC-PAMP does not make any representations, recommendations, projections, warranties or guarantees of any kind, either expressed or implied, as to the performance of its Gold/Redeemable Products with respect to future prices or any return on investment. MMTC-PAMP will not be liable for any Loss or damage caused by reliance on information obtained in any of our newsletters, literature, reports, e-mail correspondence, website, or any other communication from MMTC-PAMP. MMTC-PAMP will not be liable to any Customer (including but not limited to Transferee) for any Losses caused by or relating to transfer/deposit of Gold to gold account of any other Customer. MMTC-PAMP explicitly urges to all its Customers to inspect the package for any damage or tamper before receiving or signing for receipt. If you find any tampering, do not accept the parcel and return the same. MMTC-PAMP will not be liable for any loss or damage caused if the Customer accepts the parcel inspite of it being damaged or tampered. The duty to verify the parcel for any damages or tampering is of the Customer and if the Customer accepts the parcel and later comes to know of any damage or tampering, MMTC-PAMP shall not be liable for any loss or damage to Customer. If such loss is later reported and approved by logistics partner and Insurance Company, the limit of liability shall be restricted to the amount paid by the logistic partner for such loss or damage in transit as per their terms and conditions and the same shall be binding upon the Customer.

40. You acknowledge that MMTC-PAMP will not be liable to you or any other person as a result of your access or use of Gold/Redeemable Product for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues (collectively, the “excluded damages”), whether or not characterized in negligence, tort, contract, or other theory of liability, even if MMTC-PAMP has been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy. In no event will MMTC-PAMP or any of its directors, employees, agents’ total liability to you for all damages, losses, liabilities and causes of action under these Terms and the facility/ services provided by MMTC-PAMP collectively exceed total amount paid by you, if any, for access to that particular products or services. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Assignment; Restrictions on Information Sharing; Privacy

This Agreement, including the terms and conditions set out here in relation to WideBizz Digital Services and Digital Goods, WideBizz Travel and in relation to MMTC-PAMP, and any rights granted hereunder, may not be transferred or assigned by you without WideBizz’s prior written consent which may be withheld in WideBizz’s sole discretion, but this Agreement, and any rights granted hereunder, may be assigned by WideBizz freely (including to its affiliates) and without any restriction. Any assignment attempted to be made by you in violation of this provision shall be void and of no effect.

By accepting this Agreement and the T&Cs hereunder, you agree to be customers of WideBizz (including, each of One97 Communications and its affiliates). In addition, by accepting this Agreement and the T&Cs hereunder, you expressly and impliedly provide your free and unconditional consent for the following: (a) for transferring WideBizz’s rights and obligations under this Agreement and the T&Cs in favour of any affiliate or third party; (b) for using the WideBizz Platform and availing the WideBizz Services by you subject to any specific terms and conditions imposed by any affiliate of WideBizz; (c) for receiving communications, notices and information from any One97 or any affiliate of One97; (d) for sharing of business information (including data analytics and any information relating to you or the services being availed by you) between One97 and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services to WideBizz’s customers (including you); (ii) provision of better services by WideBizz’s vendors; (iii) to prevent any breach of a binding agreement between One97 and any affiliate, or to give effect to any such agreement; (iv) for ensuring compliance with the applicable law or legally compelled disclosures by WideBizz or by any affiliate of WideBizz; or (v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of One97 or any affiliate; or (vi) One97 retaining any and all information relating to you till such time as may be required under applicable laws or internal policies.

At times One97 or its affiliates may make certain personal information available to affiliates and strategic partners that work with WideBizz to provide products and services, or that help WideBizz market to customers. Personal information will only be shared by WideBizz to provide or improve WideBizz’s products, services and advertising and will always be shared in compliance with applicable laws; it will not be shared with non-affiliated third parties for their marketing purposes.

WideBizz, amongst others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in WideBizz’s products and services, offering any products or services from any WideBizz Platform, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable law and these companies are obligated to protect your personal information under applicable law.

It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities − for WideBizz to disclose your personal information. WideBizz may also disclose information about you if WideBizz determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.

WideBizz may also disclose information about you if WideBizz determines that disclosure is reasonably necessary to enforce the T&Cs or protect WideBizz’s operations or users. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of WideBizz’s business or products or services offered through any WideBizz Platform to any persons (including any affiliates), WideBizz may transfer any and all personal information that WideBizz collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees.

For the purposes of these T&Cs, the term “affiliates” means and includes: (a) any company which is the holding company (as defined in the Companies Act, 2013), subsidiary company (as defined in the Companies Act, 2013) or associate company (as defined in the Companies Act, 2013) of One97; or (b) a person under the control of or under common control with One97; or (c) any company, who is an associate company (as defined in the Companies Act, 2013) of the first company, or if more than 50% of the share capital of such company (calculated on a fully diluted basis) is held by the same shareholders who own more than 50% of the share capital of One97 Communications Limited (calculated on a fully diluted basis)..

For the purpose of this definition of an “affiliate”, “control” together with its grammatical variations when used with respect to any person (including WideBizz), means the power to direct the management and policies of such person, directly or indirectly, whether through the ownership of the voting securities, by contract or otherwise howsoever; and a “person” means a company, corporation, a partnership, trust or any other entity or organisation or other body whatsoever.

WideBizz’s privacy policy applies to use of the WideBizz Platform, and its terms are made a part of these T&Cs by this reference. Additionally, by using the WideBizz Platform, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the WideBizz Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any WideBizz Service or the WideBizz Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably.

If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, WideBizz may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either you or WideBizz may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to you or WideBizz (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor WideBizz may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and WideBizz. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

Governing Law and Forum for Disputes

Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against WideBizz must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.