Terms of use

Welcome to Ardhim!

The terms and conditions as set out herein (“Terms of Use”) constitute an agreement between NowFloats Technologies Limited (“we”, “us”, “our” or “NowFloats”), which owns and operates Ardhim (defined below) and a natural or legal person who accesses and/or uses Ardhim in any manner (“you”, “your”, “Seller” or “user”) or uses any current or future services or functionality or offer made available on Ardhim (“Services”), as updated from time to time. These Terms of Use constitute an electronic record within the meaning of the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read these Terms of Use carefully before using or accessing Ardhim or availing any Services. By using Ardhim or availing any Service, you signify your agreement to be bound by these Terms of Use. Any accessing, browsing, or otherwise using Ardhim indicates your agreement to these Terms of Use, the Privacy Policy of Ardhim and any other policies or guidelines that may be applicable on Ardhim at the time of your access and usage of Healthgro Practice and which may be updated from time to time (collectively, the “Agreement”). For the purposes of these Terms of Use: (a) “Ardhim” means the website ardhim.biz/, which includes its corresponding mobile application / website/tablet/desktop or any other digital mode and/or operating system as provided by us, on which you may avail the Services; and (b) We and you are hereinafter individually referred to as “Party” and collectively as “Parties”

1 USE OF ARDHIM

The Terms of Use specifically governs your access and use of Ardhim, which provides a forum to create a website for you to manufacture and sell your products (“Seller Products”) to your customers (“Customers”) and facilitates, inter alia, processing payments digitally; managing online orders or service requests; generating invoices; facilitating interaction with your Customers; managing information relating to the Customer; facilitating deep analytics; creating alerts for services or inventory; creating website and synchronising it with social media channels for better reach, etc. (collectively referred to “e-Business Management Suite”).

2 ELIGIBILITY

Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access Ardhim. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including without limitation, un-discharged insolvents are not eligible to use Ardhim. If you are a minor i.e. under the age of 18 years, you are not eligible to use Ardhim. We reserve the right to terminate your membership and / or refuse to provide you with access to Ardhim if it is brought to our notice or if it is discovered that you are incompetent to enter into this contract.

You acknowledge that we are merely acting as a technology service provider to you and we have no visibility, knowledge and/or expertise vis a vis the Seller Products and services that you will provide to your Customers by using our Services. You hereby represent and warrant that: (a) you have all requisite right, power and authority to extend services to your Customers, (b) your business is duly organized, validly existing and in good standing under the laws of India and all applicable regulations, directives and guidelines applicable to your industry of operation; (c) you will not make any representations and/or commitments to your Customers which are beyond the purview of your scope of activities; (d) you will at all times be solely responsible for being aware of and complying with all applicable laws, regulations, directives applicable to you (including all laws governing manufacture, packing, labelling, distribution and sale of Seller Products).

You hereby unequivocally acknowledge and agree that you are fully aware that we have no visibility into your business activities and/or the Seller Products and services provided by you to your Customers. Our provision of Services to you pursuant to these Terms of Use does not represent our implied or explicit endorsement of the Seller Products and services to you Customers. You will accordingly not make any representation to that effect to any third parties (including your Customers) and will not attempt in any way to link us and/or our Services to your business activities and/or the Seller Products and services provided by you.

3 REGISTRATION AND OPERATION OF YOUR ACCOUNT

• 3.1 In order to avail the Services, you will have to register on Ardhim through the website or mobile application by providing such details as requested by us from time to time. You represent, warrant and covenant that you shall provide us with accurate and complete registration information which may include but not be limited to your name, business name, registered business address, e-mail address, mobile number, GSTIN (if applicable), the name of the website (if applicable) (collectively, “Registration Details”) and such other details as requested by us from time to time. Subsequent to your submission of your Registration Details, a one-time password, valid for only one login session (“OTP”) shall be sent to your mobile number for you to access the Services. Registration is a one-time process. You will be eligible to further access and avail the Services only upon receipt of a confirmation from us after filling in the necessary forms and after providing the necessary details as may be required by us at the time of your registration and from time to time. You acknowledge and agree that all the KYC information, documents and details provided by you to us are (i) true, accurate and complete; and (ii) up-to-date at the time of furnishing such documents and all times thereafter. Any failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination and/or suspension of your Ardhim account, solely at our discretion.
• 3.2 Your credentials shared by you at the time of registration and your Ardhim login ID and password are referred to as “Account Information”.
• 3.3 You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the login credentials of your account on Ardhim and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account. You can access and update much of the Account Information you provided us with in the “Your Account” area of the website.
• 3.4 Notwithstanding anything contained herein or under the Content Guidelines, you shall not:
• provide any false personal information to us (including a false/fraudulent Registration Details) or create any account for anyone other than yourself without such person's explicit permission;
• use the Registration Details or the Account Information that is in the name of another person with the intent to impersonate that person;
• use the Registration Details or the Account Information that is subject to any rights of a person other than you without appropriate authorization; or
• use the Registration Details that may be or is offensive, vulgar, obscene or otherwise unlawful.
• 3.5 You will: (a) immediately inform our Grievance Officer of any unauthorized use of the account or any other security breach; (b) ensure that you log out of your account at the end of each session; (c) update the Registration Details and amend the documents used for the purpose of registration in case there is any change in the details mentioned therein. We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to Ardhim, terminate accounts, remove or edit content at any time without notice to you.

4 OVERVIEW OF THE SERVICES

The Services offered by Ardhim, including on-ground/in-person support assistance, is facilitated by our personnel (“Personnel”), partners and/or third-party service providers (“Partner Service Providers”). Please note that we only act as an intermediary between you and the Partner Service Providers for the provision of those Services which are provided by Partner Service Providers. Such Services provided through the Partner Service Providers shall be provided on an “as is” basis and we shall not be made responsible and/or liable for any performance and obligation of such Partner Service Providers including any warranty for the services provided. You shall be solely liable for any claims and obligations arising out of availing the Services as provided hereunder. These Services will be based on your business requirements. The Services includes the following components:

• Set up your Business Profile: Our easy set up process helps you to create your own profile with your own business website.
• Service/Product catalogue and Inventory Management: You may create a service and/or product catalogue. You can add details of any Seller Products, which are, or may become part of your stock for sale and upload details and description such as nature, quantity, price, photo of Seller Products or relevant details of your services. In addition, we will provide you with real time reports and dashboards for managing Seller Products and services. Please note that we shall not be liable or bear any responsibilities of any claims arising out of Seller Products or services, displayed in Ardhim.
• Payment Processing:Based on the Subscription Plan (as defined hereinafter) as selected by you, you would be able to process payments from the Customer(s) either through cash payment or credit/debit cards or through UPI or any other system as may be included or integrated into the Services.
• Cancellation, Return and refund of Your Services: You may process cancellations of Seller Products services and refunds of the Seller Products and services, in accordance with your Cancellation, Return and Refund Policy.
• Use digital marketing platform to find Customers: You are allowed to use popular digital marketing platforms to find new Customer(s) and bring them to your website adding regular updates to your social channels and website to enhance your Customer base. Please note that we shall not be liable or bear any responsibilities of any claims arising out your usage of digital marketing platforms. You are liable to obtain consent from your Customers with respect to any collection of their personal information through such digital marketing platforms and to comply with the terms and conditions of such digital marketing platforms.
• Share social media updates to promote Seller Products: You are allowed to use instant feature updates to share discounts, offers deals, promotions and other information with your Customers on Ardhim and on your social media pages. Please note that we shall not be liable or bear any responsibilities of any claims arising out of your usage of social media pages and you are obligated to obtain all requisite consent from your Customers and to comply with the terms and conditions on such social media platforms.
• Content Creation Services: We may also offer certain content creation services to you, wherein we may assist you by creating or updating content/information related to your business, Seller Products and/or services. If you opt for this service from us, then, we will collect information from you in relation to your business and Seller Products and accordingly assist in drafting content/updates basis such information. Please note any such content created by us will solely for your considerations and any subsequent use of such content will be at your sole discretion. If you choose to use, share or upload such content on your website you do so at your sole risk. We do not make any claims related to the accuracy or completeness of such content/updates created by us. Further, we make no representations that such content will be fit for purpose, comply with applicable law and/or will not infringe any third party intellectual property rights. By opting for and using our Services, you specifically waive any and all obligations that we may have vis a vis any content that we create for you.
• Any licence or permit required under applicable law to your establishment/service, shall be obtained, maintained by you at your premises and be renewed from time to time. Ardhim platform shall not provide you with the necessary licence and permission required to manufacture and/or sell the Seller Products and services to your Customers. We do not verify such licences and you shall be solely responsible for obtaining the requisite licences or permits. You agree to indemnify and hold harmless NowFloats from any claims from third parties and/or governmental authorities due to non-compliance by you of any applicable law.

5 CONTENT AND USER SUBMISSIONS

• 5.1 For purposes of these Terms of Use, the term “Content” includes, without limitation, any location information, logos, images, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made available by you on or through the Services that relates to Seller Products ad services, your Customers and/or your business in general. Any such Content added, created, uploaded, submitted, posted for availing the Service by you is collectively referred to as, “User Submissions.”
• 5.2 All Content and User Submissions, whether publicly posted or privately transmitted, shall be the sole responsibility of the person who originated such User Submissions/Content. We cannot guarantee the authenticity of any such User Submissions, and/or Content which the users may provide about Seller Products or business. You acknowledge and agree that (i) all User Submissions/Content accessed by you, while utilizing or using the Services shall be at your own risk and you will be solely responsible and liable for any damage or loss that may occur as may be attributable to you or any other party resulting therefrom; (ii) we shall have no liability towards you or any such party for any damage or loss resulting from such User Submissions/Content; and (iii) you shall be responsible and liable for displaying of authentic Content/User Submissions while using the Services and we shall have no liability in this regard.
• 5.3 You shall also ensure that the Contents/User Submissions applicable are as per the Content Guidelines detailed in this Terms of Use below. You shall be liable for any breach and/or threatened breach of these Terms of Use, either by you or any of the Customer(s).
• 5.4 By creating Content/User Submissions using the Services, you grant us a worldwide, non-exclusive and royalty free license to use and reproduce the User Submissions/ Content at our discretion, which may be processed by us or by the Partner Service Providers to provide you the Services.
• 5.5 By way of the Services provided by Partner Service Providers, Customers can even design their own logo for their e-Business Management Suite. However, Customers must not engage in unfair practices and infringe or violate an existing registered logo, while designing their logo through the services provided by Partner Service Providers. The Partner Service Providers shall not be held responsible for the infringing Content/User Submissions on the websites of such Partner Service Providers.
• 5.6 The Services provided hereunder, contains content specifically provided by us or our Partner Service Providers and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable, whether registered or proposed to be registered (“Service Content”). You shall abide by and maintain all copyright notices, information, and restrictions contained in any such Service Content accessed as part of the Services.
• 5.7 All Service Content is made available “as is” and without any representations or warranties whatsoever, and we hereby disclaim any implied warranties, including but not limited to warranties of fitness for use, accuracy, merchantability, and non-infringement. You shall not sell, resale, alter, license, rent, or otherwise use or exploit any Service Content for commercial (whether or not for profit) and personal use or in any way that violates any third party right.
• 5.8 You must only upload, create or contribute Content/User Submissions which are originally created by you. You must refrain from uploading or contributing any Content/User Submissions which is not properly licensed to You for uploading or contributing.
• 5.9 Nowfloats is not in any manner endorsing any Content/User Submissions that it may publish or post as part of the Services and cannot, and will not, vouch for its reliability. Nowfloats is not responsible for any Content/User Submissions, and has no duty to monitor such Content/User Submissions.
• 5.10 You use any information contained in the Content/User Submissions at your own risk.
• 5.11 Nowfloats has the right, in their sole discretion, to monitor, review, edit, remove, delete, disable, refuse, restrict, or terminate access to your Content/User Submissions or the Platform (in whole or in part) at any time, without prior notice and in our sole discretion, for any or no reason.

6 SUBSCRIPTION AND PAYMENT TERMS

• 6.1 Currently, our Services are available only for users located in India. All charges towards the Services are payable in INR (Indian Rupees). The charges are payable as per the subscription opted by you (“Subscription Plan“). Various options for the Subscription Plan can be accessed at http://ardhim.biz/.
• 6.2 You may choose to upgrade from a lower tiered Subscription Plan to a higher tiered Subscription Plan, for which you shall have to pay the differential amount i.e. the difference between the current Subscription Plan and the upgraded Subscription Plan. Similarly, on your cancellation of any paid Subscription Plan, your Ardhim account shall automatically downgrade to the free Subscription Plan. Further, any change towards the Subscription Plan may take up-to 7 working days to reflect under the “Subscription” tab in the Account Information.
• 6.3 You may be eligible for a refund for any payments made towards a Subscription Plans procured by you only if the following conditions are satisfied:
• any such refund request must be initiated within 7 days of making payments for the relevant Subscription Plan. In order for us to process your refund, you would be required to initiate a support request on the Ardhim application.
• Any such refund is only applicable on those Subscriptions Plans where you have procured a bundle of services (i.e. where you are paying an aggregate fee for a set of services including add-on services provided by Partner Service Providers). Notwithstanding anything to the contrary, you will not be eligible for refund under those Subscription Plans where you have individually procured one or more add on services provided by Partner Service Providers and you have been charged separately for each such add on service.
• 6.4 Any cancellation of the Services shall mean cancellation of your Subscription Plan (except in cases of free Subscription Plan), and as a user/subscriber, you will not be charged any fee, provided however, any request for cancellation of your Subscription Plan must be made any time prior to the expiry of 48 (forty eight) hours from the beginning of next billing cycle.
• 6.5 The charges are subject to periodic review and revisions at our sole discretion. You may receive intimation in case there is any change in the Subscription Plan opted by you. You are requested to keep yourself updated with any change in the Subscription Plan. You shall have the option to renew the Subscription Plan automatically, upgrade to a different Subscription Plan or terminated as per the provisions of these Terms of Use. In case you fail to pay for the Subscription Plan you have opted for, the Subscription Plan shall automatically be converted in-to ‘Free’ plan and the limited services for the e-Business Management Suite as per the ‘Free’ plan shall be available.
• 6.6 If we make any of our products and services available to you as part of a free trial, those products and services will be considered “Services” under this Agreement, even if the products and services are not specified in an Order Form, notwithstanding the “Services” definition in this Agreement. We will make such free- trial Services available to you, on a trial basis, free of charge, until the earliest of (a) the end of the period during which Nowfloats agreed to make such free- trial Services available to you, (b) the start date of any Nowfloats services or license with respect thereto purchased by you that are the same as the free-trial Services, (c) termination by Nowfloats of the free-trial Services with respect to you in Nowfloats’s sole discretion, or (d) termination by you pursuant to Section 15. Additional terms and conditions applicable to the free-trial Services shall be available on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. These free-trial Services are provided for evaluation purposes and not for production use. You shall have sole responsibility and Nowfloats assumes no liability for any Customer Data that such Customer may choose to upload on the free trial Services.
• 6.7 Free-trial Services are not considered “Services” under this Agreement for purposes of any representations, warranties or covenants of Nowfloats; provided, however, all your representations, warranties and covenants under this Agreement shall apply to free-trial Services. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ALL FREE-TRIAL SERVICES, SUPPORT (IF ANY) AND ANY OTHER MATERIAL ARE PROVIDED BY NOWFLOATS ON AN “AS IS” AND “AS AVAILABLE” BASIS. NOWFLOATS MAKES NO REPRESENTATION OR WARRANTY, AND HAS NO SUPPORT OBLIGATIONS OR LIABILITY, WITH RESPECT TO ANY FREE TRIAL SERVICES, NOWFLOATS MAKES NO WARRANTY OF ANY KIND THAT THE FREE-TRIAL SERVICES, DOCUMENTATION, ANCILLARY TOOLS OR ANY OTHER MATERIAL, OR RESULTS OF THE USE THEREOF, WILL: (a) MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS; (b) OPERATE WITHOUT INTERRUPTION; (c) ACHIEVE ANY INTENDED RESULT; (d) BE ERROR FREE; OR (e) BE COMPATIBLE, WORK WITH OR CONTINUE TO WORK WITH YOUR COMPONENTS. ANY CHANGES TO YOUR COMPONENTS (INCLUDING THEIR UNAVAILABILITY) OR THIRD-PARTY TERMS DURING AN ORDER TERM DO NOT AFFECT YOUR OBLIGATIONS UNDER THE APPLICABLE ORDER OR THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 13 (INDEMNITY & LIMITATION OF LIABILITY), YOU WILL BE FULLY LIABLE, TO THE EXTENT LIMITATIONS OR EXCLUSIONS AS MENTIONED UNDER CLAUSE 13, FOR ANY DAMAGES IN CONNECTION WITH A FREE-TRIAL SERVICES.
• 6.8 While availing any of the payment methods made available through the Services, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
• lack of authorization for any transaction/s, or
• exceeding of the pre-set limit mutually agreed between you and the financial services providers you deal with, or
• any payment issues arising out of the transaction, or
• declining of transaction for any other reason/s.
• 6.9 You have specifically authorized us to collect, process, facilitate and remit the payments electronically, through UPI, credit/debit cards, prepaid payment cards or direct bank transfer or any other methods of payments as may be notified under applicable laws from time to time.
• 6.10 We reserve the right to charge a separate fee in respect of different categories of users/subscribers.
• 6.11 Domain: You are given a domain name, standard with ‘Ardhim’ extension or a ‘Custom Domain Name’ depending upon the Subscription Plan opted by you. It is hereby clarified that the ‘free’ Subscription Plan offers you a standard domain name with Ardhim or a similar extension as updated by us from time to time. However, in case You choose to opt for ‘Premium’ Subscription Plan, you may be offered a ‘Custom Domain Name’ e.g. www.***.in. In case of any change in the Subscription Plan, the services related to domain name would also be subject to change. The domain name/ Custom Domain Name is purchased by NowFloats on Your behalf and is active during the term of the Subscription Plan. Should you discontinue availing the services of Ardhim, we reserve the right to assign your domain name/ ‘Custom Domain Name’ to a third party. You hereby agree to any change or cancellation of domain name/ ‘Custom Domain Name’ assigned to you due to change or cancellation of Subscription Plan as per these Terms of Use. Details of change in domain name has been captured below.
• 6.12 The domain name once allotted under free or paid subscription cannot be changed or cancelled. The 'Custom Domain Name' is an option available only with a Premium Subscription Plan. The domain name would automatically cease to be operational once the Subscription Plan expires. After your Subscription Plan is terminated or expires, you shall have a grace period of 30 days to renew the Subscription Plan. If the Subscription Plan is renewed during the grace period, the domain name/ ‘Custom Domain Name’ used during the active subscription may be reclaimed by you. However, NowFloats does not make any claim or promise to offer to make available the domain name/ ‘Custom Domain Name’ at the time of renewal of Subscription Plan during the grace period or thereafter. If the yearly plan has expired, the domain name click will redirect to the subdomain URL. The date of renewal of the domain name is the date of subscription renewal.
• 6.13 We may provide you certain parts of the Services through Partner Service Provider for which we may charge you separately. Any accruing costs and/or charges for Services provided through any Partner Service Provider, any functionalities or features on Ardhim which are chargeable shall be viewable to you, prior to the use of the Services. All statutory taxes for the discharge of Services would be borne by the user/subscriber.

7 COMMUNICATION AND UNSUBSCRIPTION

• 7.1 You understand that once you have shared your Account Information and successfully registered on Ardhim, you may receive SMS or email notifications from NowFloats relating to your registration and transactions using Ardhim.
• 7.2 You may also receive such notifications regarding any marketing / promotional activities that maybe available on Ardhim from time to time. By sharing your Account Information and registering on Ardhim and/ or verifying your contact number with us, you explicitly consent to receive marketing/ promotional communications, news, updates, offers/ campaign related SMS (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
• 7.3 NowFloats may also send notifications and reminders with respect to the Services on Ardhim. While NowFloats endeavours to provide these notifications and reminders to you promptly, NowFloats does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.
• 7.4 You can unsubscribe / opt-out from receiving marketing/ promotional communications, newsletters and other notifications from NowFloats at any time by following the instructions set out in such communications.

8 LICENSE AND ACCESS TO PLATFORM

• 8.1 Your use of Ardhim, and access to the NowFloats Content (as defined below) is subject to a limited, revocable and non-exclusive license which is granted to you when you register on Ardhim. You will use Ardhim solely for the intended purpose as indicated in clause 4.1, as per your Subscription Plan, read in accordance with this Terms of Use.
• 8.2 The license granted to you does not include a license: (a) to sub-licence or create any charge or encumbrance on the Subscription Plan or the e-Business Management Suite (b) any use of Ardhim, the Services and/or of NowFloats Content other than as contemplated in these Terms of Use, (c) any downloading or copying of Account Information, (d) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of Ardhim, (e) creating and/ or publishing your own database that features parts of Ardhim.
• 8.3 You grant to NowFloats a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on Ardhim or the e-Business Management Suite without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on Ardhim.
• 8.4 Please note that NowFloats at all times reserves the right to refuse your access to Ardhim, terminate/deactivate your account, remove or edit content on Ardhim, at its discretion.

9 CONTENT ON ARDHIM AND E-BUSINESS MANAGEMENT SUITE

• 9.1 All information, content design, material, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on Ardhim and e-Business Management Suite or any of the other Services are the property of NowFloats or its affiliates (“NowFloats Content”), and are protected under copyright, trademark and other applicable laws. Further, all trademarks, services marks, trade names and trade secrets in relation to Ardhim and e-Business Management Suite whether or not displayed on Ardhim and e-Business Management Suite, are proprietary to NowFloats.
• 9.2 NowFloats may display on Ardhim and e-Business Management Suite any third-party logos, trade names, trademarks of other brands, as per the license granted to NowFloats by such brands.
• 9.3 No information, content or material from Ardhim and e-Business Management Suite (including the NowFloats Content) may be copied, reproduced, republished, duplicated, copied, sold, resold, uploaded, posted, transmitted, distributed or otherwise exploited in any way (including for any commercial purpose) without NowFloats’ express written permission. You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NowFloats and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing NowFloats’ or its affiliates’ names or trademarks without the express written consent of NowFloats and/or its affiliates, as applicable. Any unauthorized use terminates the permissions granted in these Terms of Use.

10 PERSONAL INFORMATION AND PRIVACY

• 10.1 During the course of your registration on and usage of Ardhim or availing the Services, NowFloats may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including without limitation your name, your business name, phone number, email address, address, postal code, occupation, login details etc.
• 10.2 NowFloats respects the sensitivity of the information about you and we appreciate your trust in us. In this regard, NowFloats has formulated the Privacy Policy which shall be deemed to be included in these Terms of Use, setting out the manner in which your information is collected, stored, processed, used and disclosed. If you object terms of our Privacy Policy, please do not use or access Ardhim or avail the Services. For more information, please refer to the Privacy Policy.

11 INTELLECTUAL PROPERTY RIGHT AND DISCLAIMERS

• 11.1 All Intellectual Property Rights contained in Ardhim, including the goodwill of Ardhim, are proprietary to NowFloats. Content, features, functionality software, design, text, sound recordings and images, are our exclusive property, or licensed by us, except as otherwise expressly stated. Your access shall only be limited to your use of the Services offered.
• 11.2 No information, code, algorithms, content or material from the Services provided may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission.
• 11.3 NowFloats will try to make access to and use of Ardhim error-free and without interruptions. However, your access to Ardhim may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services on Ardhim. NowFloats does not take responsibility for any access or usage problems that arise from internet related issues at your end.
• 11.4 All information in relation to the Content/ User Submissions is sole responsibility of you. NowFloats, in its capacity as a technology service provider, is not endorsing Content/ User Submissions and is not responsible for any errors and representation nor is it associated with it and you shall be liable for any liability arising due to the Content/ User Submissions.
• 11.5 Ardhim may contain user generated content which NowFloats does not pre-screen and which contains views that may be opinions of users/ experts. NowFloats will do its best to monitor, edit or remove such user generated content where it is necessary to do so (for instance, if such content violates these Terms of Use). NowFloats does not promise that the user generated content (Content/ User Submissions) on Ardhim is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.
• 11.6 The Services included on Ardhim are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing. NowFloats does not covenant or provide any representations and warranties:
• in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including product or pricing information and/or specifications) on Ardhim;
• that the Services will be made available at all times;
• that the operation of Ardhim, including the functions contained in any content, information and materials on Ardhim or any third-party sites or services linked to Ardhim will be uninterrupted, or that the defects will be rectified, or that Ardhim or the servers that make such content, information and materials available are free of viruses or other harmful components; and
• that the NowFloats Content available on Ardhim is complete, true, accurate or non-misleading.
• 11.7 To the extent permitted by applicable law, NowFloats disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on Ardhim. NowFloats makes no warranties concerning results to be achieved from the use of our Service..
• 11.8 NowFloats is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third party platforms, you are doing so entirely at your own risk and expense.

12 USER WARRANTIES AND RESTRICTIONS

• 12.1 You represent and warrant that: (a) your use of Ardhim and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to NowFloats in connection with Ardhim and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Ardhim policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, NowFloats will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify NowFloats and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
• 12.2 You will use Ardhim for lawful purposes only, and will not undertake any activity that is harmful to Ardhim or its content or otherwise not envisaged through Ardhim. You have a limited license to access and use Ardhim, solely for the purpose of availing the Services, subject to these Terms of Use.
• 12.3 You will use our Services to collect information/data from the Customers only for the purposes as permitted under applicable data protection, security and privacy laws and regulations, and only to the extent required for you to perform the services agreed with your Customer. Please note you will be solely responsible for being aware and updated on the laws and regulations governing your access, processing and/or use of any date collected from your Customers. You hereby agree to defend, indemnify and hold NowFloats harmless against any third party claims alleging that we are responsible directly or indirectly in collection, storage or use of data and/or information in breach of applicable laws, regulations or guidelines.
• 12.4 You will not do any of the following:
• Delete or modify any content on Ardhim, such as any information regarding the Services and their performance;
• Reverse engineer Ardhim to create an app /platform to create any technology identical or similar to that of Ardhim;
• Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search Ardhim;
• Make false or malicious statements against the Services, Ardhim or NowFloats;
• Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage Ardhim and/or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of Ardhim and/or the Services;
• Introduce any trojans, viruses, any other malicious software, any bots or scrape Ardhim for any information; or probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us; or otherwise tamper or attempt to tamper with our technological design and architecture; or hack into or introduce malicious software of any kind onto Ardhim;
• Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
• Use manual or automated software, devices, or other processes to “crawl” or “spider” any part of the Services;
• Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.
• 12.5 You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through Ardhim, any information that:
• belongs to another person and to which You do not have any right;
• is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
• harms minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonates or defames another person; or
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
• 12.6 Each time you access or use Ardhim, you represent and warrant to us that:
• you are competent to enter into a legally binding contract under the Indian Contract Act, 1872;
• you are in compliance with all central, state and local laws, rules and regulations applicable in the relevant jurisdiction in India or anywhere else in the world, in relation to the use of Ardhim and the Services availed, transactions carried out, as the case may be, under these Terms of Use;
• you have obtained and maintain all licenses, permits, approvals, consents, registrations under applicable laws in relation to the use of the Services and the transactions carried out in connection thereto;
• you are compliant with the provisions of all applicable laws, including (i) the Central Goods and Services Tax Act, 2017 and State Goods and Services Tax Acts, 2017 and rules and regulations formulated thereunder; and (iii) laws relating to QR codes etc.
• performance under these Terms of Use does not and will not conflict with, violate, or result in a breach of any provision of any other contract or agreement to which you may be bound; there are no litigations, actions, claims, disputes or proceedings pending or threatened, which if decided adversely against such you would interfere with the performance of these Terms of Use;
• performance under these Terms of Use does not and will not conflict with, violate, or result in an infringement of the intellectual property of any third Party;
• you will act fairly and not misuse Ardhim features or Services that are made available to you under these Terms of Use.
• you are is not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the Government of India (e.g., the Ministry of Home Affairs and the Ministry of External Affairs’ List of Banned Organizations, US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.

13 INDEMNIFICATION AND LIMITATION OF LIABILITY

• 13.1 You agree to indemnify, defend and hold harmless NowFloats, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Ardhim or the Services, violation of these Terms of Use, or infringement of any intellectual property or other rights of NowFloats or any third-party. NowFloats will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide NowFloats with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.
• 13.2 To the fullest extent permitted by law, in no event shall NowFloats or any of its directors, officers, employees, agents or content or service providers (collectively, the “NowFloats Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, Ardhim or the content, materials and functions related thereto, the Services, provision of information via Ardhim, lost business, even if such NowFloats Representatives have been advised of the possibility of such damages.
• 13.3 In no event shall NowFloats Representatives be liable for:
• the use or inability to use Ardhim and/or the Services;
• any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through Ardhim;
• any unauthorized access to or alteration of your transmissions of sensitive personal information or other user data; or
• any other matter relating to Ardhim or the Services.
• 13.4 NowFloats is neither liable nor responsible for any actions or inactions of the other users of Ardhim or any breach of conditions, representations or warranties by them. NowFloats is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of Ardhim.
• 13.5 None of the directors, officials or employees of NowFloats shall be personally liable for any action in connection with Ardhim or the Services.

14 ACCESS OUTSIDE THE REPUBLIC OF INDIA

NowFloats makes no representation that the content on Ardhim is appropriate to be used or accessed outside the Republic of India. Any users who use or access Ardhim from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction.

15 TERM AND TERMINATION

• 15.1 These Terms of Use shall be effective from the date of their publication on Ardhim.
• 15.2 NowFloats reserves the right to terminate the Services in the event of breach of any terms contained in these Terms of Use, misrepresentation of information, any unlawful activity by you or if NowFloats is unable to verify or authenticate any information submitted by you.
• 15.3 You may terminate these Terms of Use at any time, provided that you discontinue any further use of Ardhim or Services. However, any such termination shall not cancel your obligation which has accrued, or is unfulfilled and relates to the period, prior to termination. If you wish to terminate your account, you may do so by initiating a support request on Ardhim. Notwithstanding anything contrary contained herein, any fees paid hereunder are only refundable to the extent set out under clause 6.3. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

16 ORDER RELATED SETTLEMENT

• ORDER RELATED SETTLEMENT For all the transactions undertaken by the Customer(s) on the e-Business Management Suite using digital mode of payment (net banking/ debit/ credit card/ UPI/ wallet etc.) the transaction amount shall be collected and settled by such third party payment services provider (“Payment Service Provider”) as referred to you by NowFloats. You shall enter into a separate agreement with such Payment Service Provider to receive the transaction amount. The Payment Service Provider shall make the payments to you after settling the delivery charges of the logistics partner, refund amount, transaction fee, cancellation charges or such other fee as may be imposed on the transaction amount, from the Customers. NowFloats shall not be responsible and liable for any claim arising due to your agreement with the Payment Service Provider. Further, NowFloats shall not be a part to any dispute between you and/or the Payment Service Provider and/or the Customer. You acknowledge that details regarding transactions made through Ardhim shall be shared by the Payment Service Provider with Nowfloats to enable provision of seamless Service(s) to you.

17 CONTENT GUIDELINES

NowFloats is providing the Services as detailed in overview of services above to enable you to post content, price, offers and any other details required for the sale and purchase of products or services between You and the Customer through the e-Business Management Suite or your offline establishment. You must comply with these “Content Guidelines” in connection with the offering for sale of any services on e-Business Management Suite, powered by Ardhim.

• 17.1 User/ Third Party Safety - You shall not (and shall not permit any third party to) publish or undertake to publish any Content on the e-Business Management Suite that constitutes or contains any of the following:
• 17.1.1 Offensive Content – Any Content/ User Submission that is or has the tendency to be unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity or profane language, or sexual activity and any explicit content with an intent to be sexually gratifying, promotes bigotry, discrimination or violence against any race, religion, caste, belief, ethnicity sexual orientation or behavior, gender, disability, health condition, criminal record, political bias, creed or country, or is otherwise inappropriate as determined by us in our sole discretion. The Content/ User Submission should also be compliant with The Information Technology Act, 2000, The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Indecent Representation of Women and Children Act, 2008 and the Indian Penal Code, 1860 which prohibits reproduction of any content pertaining to obscenity and indecent representation of women in India, as may be amended from time to time.
• 17.1.2 Infringes Third Party Intellectual Property Rights-Any content on the e-Business Management Suite that infringes or has the tendency or threatens to infringe any intellectual property rights including but not limited to patent, trademark, trade secret, copyright, design, geographical indication, right of publicity, privacy rights and/or performer’s rights or any other rights of any third person or any entity without any license or permission or violates any applicable law or contractual duty or obligations of confidentiality;
• 17.1.3 Fraudulent Information – Any Content/User Submissions on e-Business Management Suite that you know or have had knowledge of, to be fraudulent, false, misleading, untruthful or inaccurate;
• 17.1.4 Impersonates a third party – Any Content/User Submissions on the e-Business Management Suite that impersonates any third person or an entity, including any of ours or our affiliate’s employees or representatives or personnel;
• 17.1.5 Compromises Cyber Safety – Any Content/User Submissions that contain, including but not limited to, any software viruses or computer codes, files, worms, logic bombs or programs that are designed and/or intended to disrupt, disable, damage, limit or interfere with the proper functioning of our Services or any software, hardware, or telecommunications equipment or to damage or to obtain unauthorized access to any system, data, password or any of our other information. This shall also include any Content on e-Business Management Suite that constitutes unauthorized or unsolicited advertising, junk or spamming as solely determined by us in our sole discretion;
• 17.1.6 Third Party Sensitive Personal Information – Any Content/User Submissions that includes or has the tendency to include any third party sensitive personal information under the applicable laws, without the prior express consent of such concerned third party;
• 17.1.7 Breaches Our Privacy Policy – Any Content/User Submissions that breaches or has the tendency to breach the terms of our Privacy Policy.
• 17.1.8 False and Misleading Advertising and Commercial Disparagement - Any Content/User Submissions on the e-Business Management Suite which contains false information and/or direct comparison with any competitor’s services, including but not limited to any content which may confuse or mislead the public with regards to the standard, quality, quantity or properties of any products and shall not grant any unfair advantage over any third-party and not denigrate or discredit the product/services of a third-party;
• 17.2 Conditions on Product Listings
• 17.2.1 Offering, listing, selling, advertising or publishing any information of the followings products are strictly prohibited on e-Business Management Suite:
• i contraband products or items comprising of contraband products;
• ii counterfeit products or products which are falsely represented as an authorised resale;
• iii intoxicants, including, drugs, alcohol or products containing intoxicants;
• iv products containing tobacco, including cigarettes, beedis, or chewing tobacco;
• v products comprising of human body parts, blood or medical implants;
• vi products comprising of or claiming to comprise of human hormones or substances which may alter or claim to alter human hormones;
• vii >products which are purport to be miracle cures, including unsubstantiated cures, remedies or other items marketed as quick health fixes;
• vii erotic products, sex toys or other products intended to be used for the purposes of sex or erotica;
• ix products containing pornography or objectionable pictures of any person;
• x products containing objectionable pictures or other contents in relation to minors;
• xi products containing any content that may deemed to be obscene, violent, offensive or sexual under applicable law and / or basis NowFloats’ sole judgement;
• xii arms, ammunition (in whole or in part) or related thereto;
• xiii imitation firearms airsoft guns, air guns, air weapons, BB guns and other products deemed illegal for sale through e-commerce under applicable laws;
• xiv weaponry, explosives and offensive weapons, including spear guns, crossbows, mace and black powder;
• xv pyrotechnics, fireworks, firecrackers, or explosive material of any nature;
• xvi razors, blades, knives, knife blades, swords, axes, daggers and any products with sharp edges made for the purpose of, or capable of being used for, causing injury; excluding knives manufactured for the use as kitchen knives, folding blades of 3 inches or less which are unlockable or are a part of a multi-tool device, craft and electric carving knives;
• xvii live animals, insects, or sentient beings of any kind;
• xviii products which consist of plants, animals, insects or sentient beings of any kind, the offer or sale of which through e-commerce is prohibited or restricted under applicable laws, for instance jewellery consisting of ivory;
• xix products which are defective or have been recalled by the manufacturer, or maybe potentially recalled, for instance faulty electronic products;
• xx products imported into India in violation of the applicable laws;
• xxi cable descramblers or black boxes including devices intended to obtain cable and satellite signals for free or in violation of applicable laws;
• xxii products or contents which infringe the intellectual property rights of any persons;
• xxiii products or services which incite, encourage or solicit violence, intolerance, hatred, or any activities prohibited under applicable laws or against public policy, for instance, offensive products that defame or slander any person or groups of people based on race;
• xxiv products that are prohibited for being offered, shipped or sold under applicable laws, for instance products in connection with child pornography;
• xxv products that are against public policy, for instance products promoting terrorist activities;
• xxvi products that are prohibited or restricted from offer or sale through e-commerce, or any products which contains ingredients which are prohibited or restricted, for instance products containing banned narcotics;
• xxvii pharmaceuticals, medicinal drugs, medicines or any products deemed to be medicines / medicinal under applicable laws;
• xxviii medical appliances or devices or products of similar nature;
• xxix surveillance product having night vision;
• xxx any other product that NowFloats may deem unfit for the purpose of offer, listing, shipping, or sale through e-Business Management Suite, powered by Ardhim.
• 17.2.2. You will require prior consent of NowFloats to list or offer any of the following products or services through e-Business Management Suite:
• i products purporting to be or likely to be construed as the official merchandise of the Government of India or any Indian State Government, or any other sovereign Government or products, for instance an uniform issued by an Indian State Government to its employees;
• ii products that have been used prior to their listing, including refurbished products, or sale through e-Business Management Suite;
• iii products which by their nature require any license, certification or any other permit under applicable laws to be listed, offered or sold on e-Business Management Suite, for instance food products without appropriate certifications and labelling as required under the Food Safety and Standards Act, 2006;
• iv tickets or entry passes to any concerts, movies, or events of any nature;
• v surveillance products, including products intended to be used for the purpose of monitoring, tracking, or observing persons or things; and / or
• vi any other product, as may be prescribed from time to time.

The consent from NowFloats shall be obtained by sending a mail at:grievance@nowfloats.com. NowFloats may request you to provide documents such as registration details and licenses while considering your request to list the products discussed in 17.2.2 above.

• Any Content/User Submissions pertaining to the products/services below are strictly prohibited for the use of our Services:

• i Any narcotic drugs and psychotropic substances including illicit drugs, prescription drugs, recreational drugs and performance enhancing drugs or any other substances prohibited under the Narcotic Drugs and Psychotropic Substances Act 1985;
• ii Health care products or devices such as abortion medical services and sex determination kits which may be identified as unsafe and prohibited under the applicable law;
• iii Weapons, ammunition, explosives, air guns, artillery including arms, any type of edged tools resulting in affliction including daggers, swords, serrated objects, knives or any item/ product which may or has the tendency in aiding any penal, illegal or unlawful activity;
• iv Any services relating to prostitution, escort services or adult (cross-gender) massage;
• v Any Services relating to promotion of child labor or any form of slavery;
• vi Any advertisements that discriminates or has the tendency to discriminate individuals on the basis of race, caste, creed, ethnicity, sexual orientation, religion or belief;
• vii Any product which relates to the sale or trading or promotion of sale of any animals or plants or parts thereof, living or dead, including but not limited to any ivory and ivory products, reptile skins and/or trade of endangered species of animals or plants as prohibited under the Wildlife (Protection) act, 1972 and the rules thereunder;
• viii Any services which relates to unlicensed sale of any user database;
• ix Any services or products which relates to fraudulent education, experience or registration certificates;
• x Any products which contains part of human organs, blood, bodily fluids, or remains including donation or sale of human organs or tissue;
• xi Any product and/or services which relates to pornography / sale or promotion of obscene materials (including child pornography) in any form (print, audio/video, MMS, images, photographs, etc.);
• xii Any product which is deemed to be stolen property or which is pirated or counterfeit;
• xiii Any product or service, which relates to gambling, betting or its promotion thereof.

• i Any services relating to sale or promotion of securities, insurance and/or mutual funds products or any kind of financial securities;
• ii Any services, including those provided by:
• Medical practitioners and services including surrogacy, weight loss services, adoption of babies, veterinary drugs for animals, Ayurvedic Medicines, sale of prescription drugs;
• Advocates
• Architects
• Chartered accountants
• Company Secretaries
• Services for admissions including direct & indirect admissions in colleges/universities/ institutes;
• Consultancy Services
• iii Any services for obtaining licenses, ration cards, passports or other government-issued personal documents;
• iv Dating and matrimonial services;
• v Any services for providing tickets/vouchers/passes for any events, games, matches or concerts, lottery tickets, sweepstakes entries, subscriptions, etc;
• vi Any services operating on behalf of charity or non-profit organizations including fundraising for a cause, free services of any kind with no clearly defined benefits or charity or voluntary giving of help or products for free;
• vii Any services relating to astrology or related services;
• viii Any product or services relating to sale or promotion of alcoholic drinks, e-Cigarettes and tobacco Products;
• ix Any products or services which relates to chemicals, specifically hazardous materials including acid, fireworks, explosives, flammable adhesives, poison, hazardous chemical, oil-based paint and thinners (flammable liquids), industrial solvents, insecticides & pesticides, machinery (containing fuel), Fuel for camp stoves/lanterns/heating elements, infectious substances etc;
• x Any product which relates to sale or promotion of cryptocurrency including bitcoin, litecoin, bitcoin mining rigs & affiliated services/products;
• xi Any products which relates to sale of liquefied petroleum gas - domestic or commercial, CNG or any other gas cylinders;
• xii Any product which is deemed to be stolen property or which is pirated or counterfeit;
• Any products which relates to sale or promotion of incorrect maps and geography;
• xii Any products which relates to used cosmetics, undergarments, personal hygiene & grooming items;
• xiv Any products or services which relates to the sale of or promotion of online education;
• xv Any sale of animals (including as pets) as prohibited under the Prevention of Cruelty to Animals (Pet Shop) Rules, 2018;
• xvi Any product and or services containing radioactive materials in whole or in parts thereof; or
• xvii Any other products and services, which we may regard as ‘Unsupported’ in relation to the Services.

• 17.4.1 Your violation of this clause may entitle us to take any of the following actions against you:
• i terminate your account with Ardhim;
• ii suspend your account with Ardhim for such period as decided by NowFloats;
• iii remove the particular listing;
• iv restrict your access and use of e-Business Management Suite, including imposing restrictions on your listing of services;
• v notify the violation to relevant authorities; and / or
• vi any other action available under applicable laws, the Terms of Use or other policies and / or instructions prescribed by NowFloats.

• 17.5.1 As a Seller, it is your responsibility to ensure that each listing or offer, services placed by you on the e-Business Management Suite is as per the terms of the Content Guidelines and the Terms of Use, which may be updated by NowFloats from time to time.
• 17.5.2 It is also your responsibility to ensure compliance with all applicable laws, including, maintenance of licenses, registrations, permits as may be required for the services being offered or listed by you on e-Business Management Suite.

• 17.6.1 If you believe that another user is / could be in breach of the Content Guidelines, you may immediately inform our Grievance Officer at: grievance@nowfloats.com.
• 17.6.2 A short statement of the suspected breach (whether current or potential) along with proofs such as screenshots establishing the breach, should be provided to the Grievance Officer.
• 17.6.3 NowFloats may, at its discretion, subject to applicable law, take action against such breaches reported by you. Additionally, NowFloats also reserves the right to take action against sellers who raise frivolous or ill-intended complaints of breach.

18 THIRD PARTY SITES AND SERVICES

The Services may permit you to link to other websites, services or resources on the internet, and other websites, services or resources may contain links to the Services. When you access any websites by the Partner Service Providers, you do so at your own risk. These third party websites and/or platforms are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by us or any association with our operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

19 Force majeure

NowFloats will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond NowFloats’s reasonable control.

20 WAIVER

No provision in these Terms of Use will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by NowFloats. Any consent by NowFloats to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

21 SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms of Use will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

22 GRIEVANCE REDRESSAL

You may submit any grievance with respect to Ardhim or the Services, including with respect to any abuse on Ardhim including any discrepancies or grievances with respect to access or usage of Ardhim in violation of these Terms of Use by any person, to the Grievance Officer at the below details:

Name: Resham Kathuria
Designation: Grievance Officer
Email Id: grievance@nowfloats.com

23 GOVERNING LAW AND DISPUTE RESOLUTION

This Terms of Use shall be governed and construed in accordance with the laws of India. Any dispute regarding or arising out of this Privacy Policy shall be subject to the exclusive jurisdiction of the courts in Mumbai, Maharashtra.

24 AMENDMENT

These Terms of Use are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms of Use as available on Ardhim. Your relationship with Ardhim will be governed by the most current version of these Terms of Use, as published on Ardhim.

25 MISCELLANEOUS

• 25.1 In addition to these Terms of Use, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that NowFloats will not be liable for any transaction between itself and any such third parties.
• 25.2 These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by NowFloats, for the use of Ardhim, and the rights and liabilities with respect to any Services to be provided by NowFloats shall be limited to the scope of these Terms of Use.

26 ANTI BRIBERY AND ANTI CORRUPTION

You will comply with all applicable anti‑corruption laws, including, to the extent applicable to you and any other Indian law including Indian Penal Code, 1860 and Prevention of Corruption Act, 1988. You will not, directly or indirectly, offer or pay anything of value (including gifts, travel, entertainment expenses, and charitable donations) to any official or employee of any government, government agency, political party, or public international organization, or any candidate for political office, to (a) improperly influence any act or decision of such official, employee, or candidate for the purpose of promoting the business interests in any respect, or (b) otherwise improperly promote the business interests in any respect, in each case in violation of applicable law. You will retaliate against anyone who has, in good faith, reported a possible violation of this Section or refused to participate in activities that violate this Section to the extent prohibited by applicable law.

27 AUDIT

We may, on our own or by engaging a third party at our own expense and upon our request thereof to you, audit, inspect or examine any records, invoices and/or other data or documents of that are necessary to establish your compliance or non-compliance with this Term of Use and you will provide all assistance as may be reasonably requested by us. If such audit, inspection or examination establish non-compliance by you, We shall have the right to forthwith either terminate this Term and/or the Services or suspend the obligations under this Agreement and require you to cure such non-compliance within the prescribed timelines. You undertake to maintain the records relating to the transactions/Services under this Agreement during the term and thereafter for a period of 8 (eight) years or time prescribed under the applicable laws, whichever is more.

28 NODAL OFFICER

Name: Nitin Bajaj
Designation: Nodal Officer
Email Id: nodal.officer@nowfloats.com