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Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and Rules there under as applicable and includes the amended provisions pertaining to electronic records in various statutes and rules as amended by the Information Technology Act, 2000. This electronic record is generated by a digital system and does not require any physical or digital signatures.

“Promilo” is owned and operated by a body incorporate, namely, Sawara Solutions Pvt Ltd, a company duly registered under the Companies Act, 1956, bearing CIN U72900KA2021PTC143734, having registered place of business at #118, Kacharakanahalli, St Thomas Town, Near Jyothi School, Hennur Main Road, Bengaluru- 560084, Karnataka, India. Promilo provides and facilities growth of new business community by providing an online platform where people meet people virtually, search for desired Services and make connections by knowing each other.

This document is published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, that mandate publishing the Rules and Regulations, Privacy Policy and Terms of Use for access or usage of domain name www.promilo.com (“Website”), including the related Android and iOS compatible mobile application, “Promilo” (hereinafter collectively referred to as “Platform”).

This document is a contractually binding agreement between a Seller/Service Provider (as defined below) or a Buyer/ Customer (as defined below), (hereinafter collectively and interchangeably referred to as “You”, “Your”, “User”) who access the Platform and avail Services provided by the Platform, owned and operated by Sawara Solutions Pvt Ltd (referred to as “our”, “we” or “Promilo” hereinafter) for commercial purpose only. You acknowledge and agree that the Platform is a Business to Business (B2B) platform and provides Services, detailed below to business entities only.

1) DEFINITIONS

a) “ Buyer/ Customer”- shall mean an User who is interested in buying a product(s) or availing services through Promilo Platform;

b) “Seller/ Service Provider” shall mean an User who is interested in selling product(s) or providing Services through Promilo Platform;

c) “ Buyer/ Customer” and “ Seller/ Service Provider” shall collectively be referred to as “User(s)”;

d) “Services” shall mean and refer to services of various types listed on Promilo Platform and shall also include products listed by Seller/ Service Provider;

e) “Promilo Coins” shall mean and refer to virtual reward coins which may be provided by the Platform to its Users on Terms and Conditions as mentioned in details herein. Such coins may be redeemed through an E voucher in accordance with terms stated in Clause 11 of the foregoing Policy.

These Terms and Conditions along with the Terms of Use, Privacy Policy, IP Infringement Policy, Anti counterfeit policy and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the "Agreement") between You and Promilo in relation to your use of the Platform.

By subscribing to or interacting with other User(s) on or entering into negotiations in respect of sale or supply of goods or services on or using the Platform and Services in any manner for any purpose, You undertake and agree that You have fully read, understood and accepted the Agreement.

If You do not agree to or do not wish to be bound by the Agreement, You may not access or otherwise use the Platform in any manner. By express or implicit acceptance of these Terms, You also accept and agree to be bound by any amendments, updates and modifications to the Terms and the other policies (including but not limited to, Privacy Policy), as maybe amended, updated and modified from time to time.

2) PLATFORM- MERELY A MEDIUM

The Platform merely provides a medium for User(s) to find Services/ products they are interested in and negotiate and interact with other User(s) for materialising procurement of goods and availing such Services. The Users are free to set up appointments, mention the designation of the person they are willing to visit, confirm such appointment through the Platform and then decide for themselves if they want to avail the Services/ procure goods. Promilo is not a party to any negotiations that take place between the User(s) of the Platform during a meeting and are further also not a party to any agreement including an agreement for sale or supply of goods or services or otherwise, concluded between the User(s) of the Platform.

3) CAPACITY TO CONTRACT/ ELIGIBLITY

All User(s) represent and warrant that they are legally competent and are above 18 to avail the Services provided by the Platform. The Services provided by the Platform can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, who are authorised under Applicable laws to enter in to legally binding agreements within the territory of India.

4) GEOGRAPHICAL LOCATION

The services offered to You through the Platform will be based on Your geographic location, and You shall not employ any technology to obscure or disguise Your location. This will be primarily basis the geographical location that You have subscribed our Services for, and established Your account in. As on date and until such date the Agreement shall be amended, the Services provided by the Platform are available only within the territory of India.

5) METHOD OF WORKING

a) An interested User has to register his/her account in accordance with the process mentioned below.

b) Post such registration, an User can either list certain Services or seek for certain Services;

c) In the event an User is of the opinion that setting up a meeting or an appointment shall promote or materialise a business, then such User is free to book an appointment with the Service Provider through the Platform and pay such fees as mentioned in the Platform required for booking an appointment;

d) The Platform shall also enable Users to facilitate and materialise business through the means of video conferencing, set up call backs, freebies, buy tickets which shall be made available on the Platform by a third party platform namely, AGORA/WHEREBY/ OTHER THIRD PARTY PLATFORMS. In the event there are any technical glitches pertaining to video conferencing, call backs, freebies, tickets, Users are advised to send an email to info@promilo.com mentioning clearly the scheduled date and time of meeting or the respective request and the details of the technical glitches which occurred during an online meeting/call. General guidelines as mentioned in Clause 18 shall apply for the foregoing clause. At no point of time shall Promilo be held liable for such technical glitches or loss of business opportunities.

e) Promilo is entitled to retain a commission of 60 (sixty) percentage from the above mentioned fees, mentioned in clause (c) of the instant clause.

f) Promilo provides a Platform for business entities to connect and facilitate the growth of their businesses in the above mentioned manner.

6) PROCESS OF REGISTRATION

a) Your use of any of the features and Services on this Platform (either as a registered User or as an unregistered visitor) is considered as an acceptance of these Terms and Conditions and the Privacy Policy defined herein.

b) Users need to validate and authenticate their identity while registering on the Platform. Users need to provide their User Name, email Id, Phone number for availing Services present on the Platform. Promilo may check for the validity of the email addresses or mobile numbers through confirmation of OTP sent through SMS to such a User.

c) After You provide the basic information required to create an account, You will be directed to the next page to provide additional information in the profile section describing Your area of business, expertise and address. The following points must be mandatorily followed while registering yourself on the Platform:

i. Provide true and correct details about yourself;

ii. Cooperate with any verification processes for authenticating Your identity;

iii. Submit documents, if any required to validate Your identity;

iv. Provide true account about Your business and other profile details.

d) By using the Platform, You consent to receive communications from us electronically, including emails and messages posted to Your inbox in Your Promilo account as well as to your associated e-mail ID and mobile number provided to us.

e) You acknowledge and agree that all communications that we shall provide to You electronically shall deem to satisfy any legal requirement that such communications be in writing or be sent through post. If You wish to withdraw Your consent to sending communications from our end to You at any time, please email to info@promilo.com duly notifying us of Your reason of withdrawal of consent.

f) We reserve the absolute discretion and right at any time and without notice to:

i. modify, suspend or terminate Your Promilo account or any portion thereof;

ii. restrict, limit, suspend or terminate Your access to the Platform or any portion thereof if in our reasonable opinion it does not comply with these Terms and/or any applicable laws;

iii. monitor Your usage and posting of content on the Platform to verify compliance with these Terms and/or any applicable laws;

iv. investigate any suspected and/or alleged misuse or unlawful use of the Platform and provide necessary information to law enforcement agencies;

v. following our investigation of the suspected non-compliance or unlawfulness in relation to a user’s account or usage of the Platform, we may take any action we consider appropriate, including to restrict access to Your account or to permanently remove or disable access to Your usage of the account without needing to obtain any consent from You and without giving You prior notice. You agree that You will at Your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to Your account or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of Your usage of the Platform under this section;

vi. disclose information about Your use of the Platform and;

vii. Your account in connection with response to a lawful court order.

g) All Users also agree to the following:

i. If, after investigation, Promilo has reasonable grounds to suspect that any User’s information is untrue, inaccurate, not current or incomplete, Promilo reserves the right to suspend or terminate that User’s account.

ii. Each User is solely responsible for maintaining the confidentiality of account login details and password information and for all activities occurring there under in the account; even though someone else other than the account holder/User is using the Promilo account. All Users shall immediately notify Promilo of any unauthorised use or suspected unauthorised use of their account or any other breach of security to Promilo by sending an email at info@promilo.com

iii. Users shall ensure that they log out from their accounts at the end of each session.

iv. Promilo reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that Promilo may impose in its discretion.

v. For contractual purposes, You consent to receive communications (like transactional, promotional and/or commercial messages) from Promilo with respect to Your use of the Platform and it shall be deemed by Your continued use of the Platform that You agree and consent to receive any communications from Promilo.

vi. You are also advised to exercise particular caution while accessing Your account from a public or shared computer so that others are not able to access, view or record Your password or other personal information.

7) GENERAL USER GUIDELINES

Any User shall not host, display, upload, modify, publish, transmit, store, update or share any information which:

a. infringes the rights of any third party including but not limited to Intellectual Property Rights;

b. content which is obscene, blasphemous, hurts religious sentiments, defamatory racially or ethnically objectionable, disparaging, pornographic, paedophilic, insulting or harassing any one the basis of gender, libellous, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever and is contrary to prevailing Indian laws;

c. is harmful to children;

d. infringes or misrepresents any Patent, Trademark, Copyright or other Proprietary Rights;

e. impersonates another person;

f. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;

g. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

h. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

i. contains morphed images, videos images of another person;

j. interferes with another User’s use and enjoyment of the Platform or enjoyment of any similar Services;

k. results in disrupting the Services provided by the Platform through unethical means of hacking and spyware usage;

l. shall not (i) transfer, copy or display the content, except as permitted; (ii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Service; or (v) use the Service or content for any commercial or illegal purpose.

m. Violates any law for the time being in force.

8) PASSWORD CHANGE AND ACCOUNT UPDATION

a) It is advisable to change Your password at regular intervals to avoid any kind of compromise with Your security.

b) You can go to “Forgot Password” option at the login page and enter a new Password and re confirm it.

c) Thereafter, Users can login with the changed password only. Promilo reserves the right to verify such changes vide OTP login from the Users to authenticate usage of the Platform.

d) Users can also update and change their information pertaining to their profile and Promilo reserves the right to verify such changes vide OTP login from the Users to authenticate usage of the Platform.

9) AMENDMENT TO TERMS OF USE

a) Promilo reserves the right to change, modify, amend, or update the Terms of Use from time to time to accommodate amendments in the relevant laws and such amended provisions of the Agreement shall be effective immediately upon being posted on the Platform.

b) If You do not agree to such provisions, You must stop using the Platform with immediate effect. Your continuous use of the Platform will be deemed to signify Your acceptance of the amended provisions of the Agreement.

c) Promilo is not bound to inform the Users about the updated and amended Terms of Use or Privacy Policy. However, Promilo shall periodically inform its Users at least once a year that in case of non-compliance with Terms of Use and Privacy Policy of the Platform of Promilo will result in termination and suspension of the User’s account at the discretion of the Platform.

10) TRANSACTIONS BETWEEN SERVICE PROVIDER/ SELLER AND BUYER

a) Promilo is merely a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase on the Platform.

b) When a product is listed for sale or Services on the Platform by a Supplier and products sold to Buyer by the Suppler, they shall be governed by the bipartite contractual arrangement entered into directly between the Supplier and the Buyer. Supplier agrees that Promilo cannot and does not confirm each Seller’s and Buyer’s purported identity. Promilo strongly advises and recommends it Users to exercise discretion and caution while dealing with various Sellers.

c) For any Services, Promilo does not represent either the Seller or the Buyer. It merely provides a medium for their interaction. Promilo neither controls nor represents the quality, safety, suitability of products, lawfulness or availability of the products or services offered for sale on the Platform, or the ability of the Seller to complete a sale or the ability of Buyers to complete a purchase or provide a service to the satisfaction of the Buyer. Promilo does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. At no time shall any right, title or interest in the products sold through or displayed on the Platform vest with Promilo nor shall Promilo have any obligations or liabilities in respect of any transactions on the Platform.

d) Any physical return of Products or virtual return of Products through vouchers or alike shall be solely to be governed by contractual agreement between the Seller and Buyer, without any recourse to Promilo.

e) Promilo is entitled to rate a User basis his /her capability of providing timely services, customer feedback, marketing feedback and efficiency of delivery of services and products, as applicable. Promilo shall not entertain any requests seeking for modification or queries pertaining to such ratings.

f) Each User acknowledges that the User is fully assuming the risks of conducting any purchase and sale transactions (hereinafter referred to as “Transaction Risk”) in connection with using the Platform or Services, and that the User is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or Services that are the subject of transactions using the Platform. User acknowledges and undertakes that the User is transacting on the Platform at its own risk and is using his/her best and prudent judgment before entering into any transactions through the Platform.

g) Promilo shall at no point mediate or be a party to any dispute that a Seller and Buyer might be parties to in the future.

h) Users are solely responsible for all business transactions conducted through the Platform. Users may enter in to separate agreements post materialisation of business deals. Users are responsible for obtaining necessary licenses and permits, if any, for facilitating business transactions amongst themselves.

11) PROMILO COINS

a) Users can utilise Promilo Coins (as defined above) to purchase E-vouchers issued by Promilo/ or on a third party platform.

b) In order to claim an E-voucher, Users have to use the e-vouchers collected by them through usage of the Promilo platform and their reward point system.

c) In order to claim Promilo Coins as E- vouchers, all the Users have to mandatorily abide by the terms and conditions as mentioned in Terms and Conditions and the Third Party Platforms.

d) In order to claim the accumulated Promilo coins as E- vouchers from Third Party Platform/ Promilo, a User has to provide the same phone number with which the User had registered his/her Promilo account.

e) Once a User logins with the Third Party Platform, in accordance with the method mentioned above, by virtue of API integration, Promilo shall transfer the Promilo coins pending in the User’s Promilo Account to the User’s account and such an User may redeem an E-voucher from Third Party Platform using the transferred Promilo coins.

f) The E -voucher offers are non-transferable, non-cumulative, cannot be exchanged for cash or other non specified products and cannot be used in conjunction with any other discount, promotions, discounted items and fixed price items (unless specified).

g) The Users need to comply with the terms and conditions as mentioned in the E voucher for successfully availing the same.

h) In the event availing an E- voucher directs a User to any other website or any Merchant Offering or Product via the Site, a User also agrees to these Terms of Use, including, without limitation, the Terms of Sale.

i) Promilo shall not be held liable for non-utilisation of the E-vouchers by the Users due to non- adherence to the terms and conditions as mentioned in such Voucher.

j) Promilo also reserves the right to integrate third party platforms through API integration or any other mode of integration to highlight the Products/ services provided by such third party.

k) Promilo reserves the Right to transfer the Promilo coins to a Third Party Platform and enable Users to redeem E vouchers on Terms and Conditions as mentioned herein above. Promilo shall at no point be held liable for non-fulfilment of any terms and conditions of an E-voucher provided by Third Party Platform on the Platform.

l) The distribution strategies for providing coins and offering additional rights and privileges to certain users are reserved by Promilo solely. Such rights and privileges, if any, shall be duly communicated by Promilo to such User.

m) No Promilo Coins will be converted into cash or can be transferred to the User’s bank account directly or indirectly in any circumstance.

n) Promilo reserves the right to request Users for their postal and email address if the redemption of the E-voucher will result in availing a product by such User. Promilo also reserves the right to access User’s mobile phone number to verify the genuineness of a redemption request.

o) Transferability of coins- Promilo Coins are non-transferable and non-assignable and they vest with the owner of the Account and can be utilised by the Account holder only and none else.

12) REWARDS MODE

a) In the event a User switches to Rewards Mode available on the Platform, Promilo shall have access to the data usage activity on the Users account.

b) Promilo shall seek for the User’s consent prior to using such interest data for the User’s benefit solely. Enabling Rewards Mode shall mean giving access to Promilo to share Your browsing data, i.e browsing within the Platform, with third-party advertisers who shall utilise the same to show You advertisements they think an User will be interested in, based on an User’s preferences.

c) Promilo may reward such a User for utilising the option of Rewards mode at its sole discretion by review of relevant data points as necessary in each case.

d) A User can redeem his/her Promilo Coins in the Promilo E-voucher redemption section. Such user has to abide by the Terms and Conditions mentioned in the E voucher or any link/ information provided along with such voucher or at any other conspicuous place.

e) Any User can opt out of Rewards Mode of Promilo at any time. Such a User may either switch to Privacy mode on the Platform or can uninstall the Platform and remove all information pertaining to accounts therein.

13) REFUND

a) In the event, an User is not satisfied with the services rendered by a Service Provider contacted through the Platform, then such a buyer may seek for a refund from the Service Provider within 7 days of availing the services.

b) The buyer who has availed such services must clearly state the reasons for seeking a refund.

c) Promilo shall review the reason cited for refund including but not limited to review of data points for determining genuineness of the refund. Promilo reserves the right to reject the request of such refund.

d) In the event Promilo comes to a conclusion that the request for a refund was genuine, Promilo shall refund the portion of the amount paid by the Buyer of such Services to Promilo to his/her Promilo wallet account registered with the Platform.

e) All refunds will revert to the Promilo Wallet directly and no refund will be transferred to a bank account. Users can utilise the Promilo credit wallet amount by initiating and fixing another appointment or use another available alternative solution as provided in the Platform only.

14) INTELLECTUAL PROPERTY RIGHT

a) Promilo is the sole owner and the lawful licensee of all the rights in the Platform ("Platform Content"). Platform Content means the design, layout, text, images, graphics, sound, video etc. of or made available on the Platform. However, Promilo is not liable under any circumstances for any kind of data including but not limited to images, ads, graphics, marks, and links on its Platform posted by Users or other third parties.

b) The Platform Content embodies trade secrets and other Intellectual Property Rights protected under worldwide copyright and other applicable laws pertaining to Intellectual Property. All title, ownership and Intellectual Property rights in the Platform and the Platform Content shall remain with Promilo, its affiliates or licensor’s of the Platform Content, as the case may be.

c) All Users are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to Promilo. You may not use the Platform or any materials therein for any unsolicited commercial e-mail. Except as authorized in this paragraph, You are not granted a license under any Copyright, Trademark, Patent or other Intellectual Property Right in the Materials or the products, services, processes or technology described therein. All such rights are retained by Promilo, its subsidiaries, parent companies, and/or any third party owner of such rights.

d) All rights, not otherwise claimed under this Agreement by Promilo, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on the Platform or any offer displayed on or in connection with any service offered on the Platform ("Platform Information") is intended, solely to provide general information for the personal use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Information.

15) WARRANTIES / DISCLAIMERS AND LIABILITIES

a) Promilo does not represent, warrant or endorse in any manner the accuracy or reliability of Platform Information, or the quality of any products and/or services obtained by the User(s) as a result of any Platform Information. The features and services on the Platform are provided on an " as is " and " as available " basis, and Promilo hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose.

b) Any material downloaded or otherwise obtained through the Platform is at the Users sole discretion and risk. The Users are solely responsible for any damage to their devices or loss of data that may result from the download of any such material.

c) We also do not warrant or guarantee that, Promilo along with its services and features shall be accessible beyond a particular time or designated location; that Promilo and all of its services and features will be secure, uninterrupted, and error free; that any defect or error will be corrected immediately; or that Promilo and all of its services and features will be free of viruses and other harmful components. The Users are responsible for implementing sufficient procedures and checkpoints to satisfy any particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

d) We hereby state that to the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect Your computer equipment, mobile phones, computer programs, data, or other proprietary material due to Your use of the Platform or any services or items obtained through the Platform or to Your downloading of any material posted on it, or on any third party website linked to it. Your use of Promilo and its services and features will be solely and entirely at Your own risk

e) We state that in no circumstance shall Promilo be liable under contract, tort, negligence, strict liability or any other legal or equitable theory, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to Your use of (or your inability to use) the Platform or any of its services or features.

f) Under no circumstances Promilo will be liable for any consequential, incidental, special, exemplary or punitive damages, including but not limited to any lost profits that result from Your purchase of any products on Platform or any services availed, even if Promilo has been advised of the possibility of such damages.

16) FORCE MAJEURE

Under no circumstances shall Promilo be held liable for any losses, delay or failure or disruption of the content or Services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, epidemics, pandemics, curfews, lock-down, orders of domestic or foreign courts or tribunals or non performance of third parties.

17) YOU TUBE LINKS

a) For any content and or link uploaded to the Platform by the User from YouTube/ Third Party Sites, the User agrees to abide and accepts, the terms of service of YouTube or any Third Party Site that they choose to use.

b) The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

c) Nothing contained in the Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event, we shall be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to Services. User(s) hereby acknowledge that any reliance upon the Information shall be at their sole risk and further understand and acknowledge that the Information has been compiled from published sources.

d) Promilo respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. Promilo reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Information.

18) THIRD PARTY LINKS

a) Links to any external Internet sites may be provided within the content on Platforms as a convenience to users.

b) The listing of an external site on the Platform does not imply endorsement of the site by Promilo or its affiliates. Promilo does not make any representations regarding the availability and performance of any of the external websites to which we provide links.

c) When You click on advertiser banners, sponsor links, or other external links from the Platform, Your browser automatically may direct you to a new browser window that is not hosted or controlled by Promilo and Promilo shall not be held responsible for the content, functionality, authenticity or technological safety of these external sites.

19) ADVERTISING AND MARKETING

a) A User or any business entity or individual may approach Promilo for advertisements (Ad(s)) to be displayed on its Platform. Promilo has the right to accept or reject such an offer at it sole discretion without any justification.

b) Promilo reserves the right to evaluate and review a particular request for an advertisement. Promilo shall revert with suggestions and modifications, if any, required for yielding maximum commercial benefits for posting a requested advertisement within 72 hours of such a request.

c) Promilo may suggest/ recommend changes with respect to the content of an Ad to the User, in case Promilo is of the opinion that such a change will upscale visibility and result in generation of more business opportunities.

d) All the Users have to mandatorily follow all guidelines pertaining to resolution requirements of advertisement posting as updated by Promilo from time to time on its Platform.

e) All the users have to follow the Promilo specified Size, format, icon, link, and pixel quality for Ad posting as updated from time to time on the Platform which may vary depending on the functionalities of the Platform.

f) In the event it is necessary, Promilo has all the rights to modify the submitted advertisements to conform to the advertisement guidelines as stated by Promilo.

g) An User while registering on the Platform for advertisement hereby unconditionally agree to adhere to Promilo’s - Terms of use and Privacy policy.

h) The Intellectual Property rights in the Ad provided by the User or any other person/entity on the Platform hereunder shall vest solely with them solely. It is the responsibility of the person/entity/User to ensure that it has all requisite rights, permits, authorizations, title, and/ or interest over the Ad and is compliant with the branding guidelines and laws that may be applicable to use and display the Ad on the Platform.

i) Such a User/entity/person hereby grants to Promilo an unrestricted, non-exclusive, royalty-free license to use the Ad and all other information provided by the User/entity/person on the Platform. Promilo will display the Ad provided by the User/entity/person on the Platform or otherwise as made available to Promilo for the purposes set out herein is on an ‘as is’ basis (except for formatting changes limited to re-sizing the Ad). User/ entity/person shall at all times remain fully liable and responsible for the Ad and further agrees to indemnify, defend, and hold harmless Promilo from and against any claims that may arise from or in connection to such Ad with regard to the content of the Ad, any Intellectual Property claim or third party.

j) Promilo further disclaims all liability for any Ad, content of the Ad, availability of the product or any related information that may be displayed or made available by the quality, delivery, or usefulness of the Products that are offered for sale by the Seller on the Platform. The Seller agrees that Promilo disclaims all liabilities and shall not be party to any dispute in this regard.

k) Any person/ entity/ User shall provide charges as stated by Promilo for featuring and displaying the Ad.

l) Unless otherwise provided under the Terms, Promilo may terminate or discontinue this advertisement services for a person/entity/ user by giving a prior written notice of seven (7) days.

m) Promilo has the Right to downgrade an Ad even after making it live in the event, they are of the opinion that certain legal compliances are not completed or certain permits or licenses are not obtained or for any reason whatsoever.

n) Promilo reserves the right to decide which particular Ad will be showcased to which registered User. Promilo is not entitled to push any Ad as per priority of any User.

o) Promilo is also not responsible for any generation of profits, up scaling of business, including receiving results or surety of business post displaying an Ad regarding such business on the Platform.

p) Promilo is not responsible, for any copying by any third party of any of the Ads, marketing or campaign idea, content or creative elements present on the Platform. In the event such an issue arises, such an issue has to be resolved by and between the Parties, without any recourse to Promilo.

20) PAYMEMT GATEWAY

a) Acceptable mode of payment- Subscribers can make payments through Promilo Coins, Promilo Credits, Debit Card, Credit Card and UPI transfer through a third party Payment Gateway, namely “RAZORPAY”.

b) In connection with any communication or transaction and payment services or any other services that an User may avail using the Platform, any information, including but not limited to, bank account numbers, billing and delivery information, credit/debit card numbers and expiration dates and tracking information from cheques or money orders ("Account Information") may be collected by such Payment Aggregator/ Payment Gateway, i.e RazorPay, only to the extent permitted/mandated by applicable laws, among other things, to facilitate the sale and purchase as well as the settlement of purchase price of the products or services transacted on or procured through the Platform.

c) Promilo Platform on a standalone basis does not store any payment related information pertaining to Users. All Users hereby agree that the Fees paid through the Platform shall be processed via a payment gateway authorised to transact on behalf of Promilo.

21) PAYMENT

You’ll honour your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices.

Refunds are subject to our policy.

If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. Learn how to cancel or suspend your Premium Services.
All of your purchases of Services are subject to Promilo’s refund policy. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
You can get a copy of your invoice through your Promilo account settings under "Purchase History".

22) DEATH OF A USER -/ TRANSFERABILITY

a) In the event of demise of User, Promilo reserves the Right to transfer the benefit of accumulated Promilo coins, if any to the legal heir of such an User. The legal heir has to send an appropriate email to the email id- info@promilo.com clearly highlighting the relationship and documents to substantiate the attempted legal transfer of Promilo Coins. Promilo also reserves the right to verify phone numbers, postal address and email address before initiating any such transfer. Promilo also reserves the undisputable right to deny such transfer in case the documents submitted by the purported legal heirs are not satisfactory.

23) Notices and Messages

You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

Please review your settings to control and limit messages you receive from us.

24) Content and News

You and others may post content that includes information about you (as part of articles, posts, image, comments, videos) on our Services. We also may collect public information about you, such as professional-related news and accomplishments, and make it available as part of our Services, including, as permitted by your settings, in notifications to others of mentions in the news.

Others may sync their contacts or calendar with our Services

25) Contact and Calendar Information

We receive personal data (including contact information) about you when others import or sync their contacts or calendar with our Services, associate their contacts with Member profiles, scan and upload business cards, or send messages using our Services (including invites or connection requests). If you or others opt-in to sync email accounts with our Services, we will also collect “email header” information that we can associate with Member profiles.

Customers and partners may provide data to us.

26) CONTACT LIST & IMAGE UPLOADING

We collect personal data from you when you provide, share, post or upload it to our Services, such as when you fill out a form, (e.g., with demographic data, salary, Address book), respond to a survey, an appointment, meeting, a call back, buy tickets, freebies, survey or submit a resume or fill out a job application on our Services. If you opt to import your address book, we receive your contacts (including contact information your service provider(s) or app automatically added to your address book when you communicated with addresses or numbers not already in your list).

If you sync your contacts or calendars with our Services, we will collect your address book and calendar meeting information to keep growing your network by suggesting connections for you and others, and by providing information about events, e.g. times, places, attendees and contacts.

You don’t have to post or upload personal data; though if you don’t, it may limit your ability to grow and engage with your network over our Services.

27) ACCOUNT DELETION, SUSPENSION AND DEACTIVATION

Like all of our members, you can request that we delete your personal information by closing your Promilo account. You also can request that we delete specific information about you. We honour such requests unless an exception applies, such as when the information is necessary to complete the transaction or contract for which it was collected or when information is being used to detect, prevent, or investigate security incidents, comply with laws, identify and repair bugs, or ensure another consumer’s ability to exercise their free speech rights or other rights provided by law.

1. Deactivation:

a) Account Deletion

We keep some of your data even after you close your account.

If you choose to close your Promilo account, your personal data will generally stop being visible to others on our Services within 24 hours. We generally delete closed account information within 7 days of account closure, except as noted below.

We retain your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse (e.g., if we have restricted your account for breach of our Professional Community Policies), enforce our User Agreement, or fulfill your request to "unsubscribe" from further messages from us. We may retain de-personalized information after your account has been closed.

Information you have shared with others (e.g., through e-mail, updates or group posts) will remain visible after you close your account or delete the information from your own profile or mailbox, and we do not control data that other Members have copied out of our Services. Groups content and ratings or review content associated with closed accounts will show an unknown user as the source. Your profile may continue to be displayed in the services of others (e.g., search engine results) until they refresh their cache.

b) In the event a User wishes to deactivate his Promilo Account, such User shall send an email to- info@promilo.com. Upon receipt of an email, requesting for deactivation of an account, Promilo shall deactivate the account within 7 (seven) working days of such request.

c) Upon deactivation of an account, all the information contained in such account shall be deleted and no further information shall be available to the User including but not limited to followers, access to any of the Services/ products provided by the Platform

d) An interested user can opt for retrieving an account on Promilo Account. However, in such circumstances, user has to follow all processes mentioned and required for creation of a fresh account as mentioned above.

2. In the event User has not used his/her account for more than 3 (three) years, then Promilo reserves the Right to automatically close such an account and delete all the information provided therein.

3. Suspension :

If any User breaches any Terms, or if Promilo has reasonable grounds to believe that a User is in breach of any of the foregoing Terms of Use and Privacy Policy, Promilo shall have the Right to take the following actions:

a) suspending or terminating the User’s account;

b) removing any product listings or other User Content that the User has submitted, posted or displayed;

c) blocking, restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service provided by Promilo;

d) withhold settlement of wallet payments by Promilo to the User;

e) in case an User does not access or use an account for 365 days continuously;

f) any other action as Promilo may deem necessary or appropriate in its sole discretion.

28) Ad Choices

We adhere to self-regulatory principles for interest-based advertising and participate in industry opt-outs from such ads. This does not opt you out of receiving advertising; you will continue to get other ads by advertisers not listed with these self-regulatory tools. You can also opt-out specifically from our uses of certain categories of data to show you more relevant ads. For Visitors, the setting is here.

29) Info to Ad Providers

We do not share your personal data with any third-party advertisers or ad networks except for: (i) hashed IDs or device identifiers (to the extent they are personal data in some countries); (ii) with your separate permission (e.g., if you wish to share your contact details) or (iii) data already visible to any users of the Services (e.g., profile). However, if you view or click on an ad on or off our Services, the ad provider will get a signal that someone visited the page that displayed the ad, and they may, through the use of mechanisms such as cookies, determine it is you. Advertising partners can associate personal data collected by the advertiser directly from you with hashed IDs or device identifiers received from us. In such instances, we seek to contractually require such advertising partners to obtain your explicit, opt-in consent before doing so.

30) Your Device and Location

We receive data through cookies and similar technologies

When you visit or leave our Services (including some plugins and our cookies or similar technology on the sites of Promilo / others), we receive the URL of both the site you came from and the one you go to and the time of your visit. We also get information about your network and device (e.g., IP address, proxy server, operating system, web browser and add-ons, device identifier and features, cookie IDs and/or ISP, or your mobile carrier). If you use our Services from a mobile device, that device will send us data about your location based on your phone settings. We will ask you to opt-in before we use GPS or other tools to identify your precise location.

31) PROMILO VALUE CALCULATOR

a) Any business entity or User registered with Promilo can have access to a Value Calculator provided by Promilo located on the Platform Users can either opt for the headings “ Find your present value of 1 minute” or “ Find Your cost of business appointment” depending on their requirement.

b) User has to fill in information as sought for under the mentioned headers in clause (a) and Promilo shall display the results basis such information.

c) Users shall not attempt to take screenshots of such results neither post/ share such information. The results of the Promilo calculators are solely for individual reference.

d) Such Value calculator, based on data review, performance, algorithm, answers/submissions will generate a particular value in terms of numbers which will be suggestive and indicative of a particular business entity. Such value is solely the cumulative result of various data based factors as mentioned above and is not the accurate value of any business entity. Users should not rely solely on this value to estimate the quality or performance of the business entity.

e) Promilo shall at no point be held liable for such value indication as the same is merely suggestive and not accurate. Promilo shall also not entertain any complaints of comparison of such value indication amongst business entities.

32) AFFILIATE PROGRAM

a) Every User shall be provided a unique USER ID at the time of registration.

b) In the event a subsequent User registers himself/herself using the code of a previous registered User ( “Referral Code”), then the User whose Referral Code is used will be referred to as “Affiliate” of Promilo.

c) Such a previous registered User whose referral code has been used by subsequent Users shall be entitled to gain certain Promilo coins in the event such subsequent User generates business through the Platform. Promilo reserves the Right to discontinue such program, at any point solely at its discretion.

d) The previously registered User shall be entitled to the benefit of Promilo Coins, if any, only for a period of 365 days commencing from the date of registration of the subsequent User on the Platform.

e) Promilo reserves the right to change the allocation of Promilo Coins and associated algorithm and duration of offering the same at any point in time.

33) DATA PROTECTION

Personal information supplied by Users during the use of the Platform is governed by Promilo’s privacy policy ("Privacy Policy"). Please click here to know about the Privacy Policy.

34) ANTI COUNTERFEITING POLICY

We respect third party Intellectual Property Rights and do not permit any counterfeit product posting the Platform owned and operated by Sawara Solutions Pvt Ltd. It is each Seller’s and Supplier’s responsibility to sell only authentic products on our Platform.

I. Meaning of Counterfeiting Products-An unauthorised copy, imitation, substitute, or modified part (e.g., material, part, component), which is knowingly misrepresented as a specified genuine part of an original or authorised manufacturer.

II. Promilo may request that You provide documentation showing the authenticity of Your products or Your authorization to list them for sale. You may remove pricing information from these documents, but providing documents that have been edited in any other way or that are misleading is a violation of this policy and will lead to enforcement against Your account.

III. Consequences of Selling Inauthentic Products- If you sell inauthentic products, we may immediately suspend or terminate Your Promilo account (and any related accounts), destroy any inauthentic products at Your expense, and/or withhold payments to You.

IV. Promilo reserves its right to remove, suspend or restrict listings that may contain counterfeit products and/or that may violate the Terms of Use and Product Listing Policy of the Platform.

35) INTELLECTUAL PROPERTY INFRINGEMENT POLICY

a) Promilo respects the Intellectual Property Rights ("IP") of third parties. Users of the Platform must prohibit from posting any kind of content, list any service, and feature any products which infringe the Rights of any third parties. In the event any User uses any third parties IP on their product, they need to enter in to direct IP licensing/ assignment agreements with such third parties.

b) Any and all IP that in any manner forms part of and / or belongs to and is associated with the Platform shall vest in and exclusively belong to Promilo.

c) In the event your Rights are being infringed, you notify us by submitting the Form attached in this document and email it to us at info@promilo.com or send a hard copy of the same to the address mentioned in the Terms and conditions for usage of the Platform.

d) After receiving details of infringement from Your end, we may take certain actions from our end as required in each case. We may intimate the User ( emails permitted) about the presence of the alleged infringing content and instruct them to remove such content from the Platform without any admission as to liability and without prejudice to any Rights, remedies or defences, all of which are expressly reserved. Once, we initiate action against any third party, basis Your allegation of infringement of Intellectual Property, You agree to indemnify Promilo for all claims brought by such third party against Promilo arising out of or in connection with the submission of the attached Form and the action consequent to receipt of the form by the third party.

e) Important Warning: giving false, misleading or inaccurate information in the Notice Form to Promilo may result in civil and/or criminal liability. You should contact a legal advisor, should you have any questions.

f) In accordance with Rule 75(1) of the Copyright Rules, 2013 and other applicable enactments /amendments thereto, in order to report any material / work on the Platform that violates the copyrights of others, you must fill in the Form, details whereof are provided below, in so far as any of these notices are concerned, the final determination of the same shall vest in Promilo.

36) DETAILS IN FORM FOR GENERAL IP INFRINGEMENT

1. Your Name, Address, Address of the Company,

2. Details of Infringement along with pictures and link of the same;

3. Documents to claim your right over the IP;

4. In the event you are representing someone, a valid letter of authority.

5. Sign the Form

37) FORM FOR COPYRIGHT CLAIMS

1. Your Name, Address, Address of the Company

2. Details of Infringement along with pictures and link of the same;

3. Details establishing that you are the owner or exclusive licensee of Copyright in the work.

4. Details to prove that the alleged infringing act is not covered under section 52 or any other act that is permitted under the Copyright Act 1957.

5. Sign the Form.

38) NOTICES

All legal notices and communications to Promilo shall be made in writing and sent to the following address:

Sawara Solutions Pvt Ltd,
#118, Kacharakanahalli, St Thomas Town,
Near Jyothi School, Hennur Main Road,
Bengaluru- 560084, Karnataka, India.
Email Address- info@promilo.com

All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) on the Platform , or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge.

39) INDEMNITY

We shall not have any liability whatsoever for any claims arising from:

(a) any of Your acts or omissions;

(b) compliance with the instructions given by You or any person acting on Your behalf;

(c) an act or order of any government authority;

(d) the insufficiency of the packing or unsatisfactory rendering of services;

(f) any force majeure event;

(g) any cause which we could not avoid and the consequences whereof we could not prevent by the exercise of reasonable diligence; and/or

(h) any dispute or claims between the Seller and the Buyer. You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys' fees, or arising out of or related to Your breach of the Terms of Use and Privacy Policy or Your violation of any law or the Rights of a third party.

40) DISPUTE RESOLUTION

Any and all disputes, controversies and conflicts between the Parties arising out of or relating to or in connection with the foregoing Terms of Usage, and the performance or non-performance of the obligations set forth herein shall, so far as is possible, be settled amicably between the Parties within thirty (30) days after written notice of such dispute, controversy or conflict has been given by one Party to the other Parties. In the event, the above mentioned method fails, any claim, dispute or difference relating to or arising out of this Agreement or ancillary documents shall be referred to the arbitration, of a sole arbitrator. The arbitration shall be subject to the Arbitration and Conciliation Act, 1996 as may be amended from time to time. The seat and venue of arbitration shall be Bangalore. The proceedings shall be undertaken in English. The arbitration award shall be final and binding on the parties.

41) APPOINTMENT OF GRIEVANCE OFFICER

Name of the officer appointed as Grievance Officer:
Mr. Michael Jude Saladanha - (Advocate)
Complete Office Address: #118 Kacharakanachali, St Thomas Town, Near Jyothi School,
Hennur Main Road, Bengaluru, KA- 560084
Official E-mail Address: grievance@promilo.com

42) ENTIRE AGREEMENT

The Terms constitute the sole and entire agreement between You and us regarding the usage of the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform

43) WAIVER AND SEVERABILITY

a) No waiver of any Term or Condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

b) If any provision of these Terms is held by a court or other Tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.