1. DEFINITIONS“Applicable Law” means any statute, law, regulation, ordinance, rule, judgment, notification, order, decree, by-law, permits, licences, approvals, consents, authorisations, government approvals, directives, guidelines, requirements or other governmental restrictions, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any regulatory authority, whether in effect as on the date of you agreeing to be bound by these Terms or at any time after;
“Authority” shall mean any judicial or quasi-judicial authority or any regulatory, statutory authority of any such territory where Payment Services are being offered and shall include but not be limited to the Issuer and any Facility Provider;
“Business Day” shall mean Monday to Friday 10 am to 5 pm and shall not include such days on which the banking institutions in India are authorised or obligated under the Applicable Law to remain closed;
“Card Payment Networks” means Payment Systems which are authorised by the Reserve Bank of India to be affiliated with banks, non-banking financial companies or other Reserve Bank of India approved entities, for the issuance of inter alia credit cards, debit cards and prepaid cards;
“Customers” shall mean any Person who is effecting a Transaction by using a Payment Instrument;
“Dashboard” shall mean the the digital platform set up by the Merchant on the Platform to offer products or services and enable Customers to conduct Transactions;
“Dispute” shall mean a dispute raised by a Customer pertaining to the Transaction;
“Disputed Amount” shall mean the aggregate amount pertaining to a Dispute;
“Escrow Account” or “Nodal Account” shall mean the account maintained by Instamojo Tech with the Escrow Bank in accordance with the Applicable Laws;
“Escrow Bank” or “Nodal Bank” shall mean the bank that owns and operates the Escrow Account, or the Nodal Account set up by Instamojo Tech;
“Facility Provider” includes banks, financial institutions, and technology service providers, including Escrow Banks or Nodal Banks and Card Payment Networks, facilitating the Transaction or any part thereof;
“Guidelines” shall mean the Reserve Bank of India circular DPSS.CO.PD.No.1810/02.14.008/2019-20 dated March 17, 2020;
“Instamojo R&D Website” refers to the website available at www.instamojo.com;
“Issuer” means (i) a bank or financial institution that offers and/or issues cards in partnership with Card Payment Networks, such as Visa, MasterCard or American Express; (ii) a bank that offers accounts; and (iii) an entity authorised under the Payment and Settlement Systems Act, 2007 to issue a Prepaid Payment Instrument;
“Merchants” shall mean Persons introduced or referred to Instamojo Tech by the Partner, who are desirous of availing the Payment Services;
“Onboarding” is the process that is required to be completed to enable a Merchant to be registered on Platform pursuant to which the Merchant would be able to avail Payment Services;
“Order” shall mean a request placed by the Customer for availing any product and/or service offered by the Merchant (payment of which maybe online or offline);
“Partner” shall mean Instamojo Research & Development Private Limited; “Payment Instrument” includes credit card, debit card, bank account, Prepaid Payment Instrument, Unified Payment Interface (UPI), Immediate Payment Service (IMPS) or any other methods of payments which shall be developed or added or deployed by Facility Providers or financial institutions from time to time;
“Payment Services” shall mean the payment aggregation services provided in accordance with the Guidelines;
“Payment System” has the meaning ascribed to the term in the Payment and Settlement Systems Act, 2007;
“Person” includes an individual, an association, a corporation, a partnership, a joint venture, a trust, an unincorporated organisation, a joint stock company, a bank, a non-banking financial company or other entity or organisation, including a government or political subdivision, an agency or instrumentality thereof and/or any other legal entity; “Platform” shall mean the Instamojo R&D app and the Instamojo R&D Website collectively;
“Prepaid Payment Instrument” has the meaning ascribed to the term in the Master Directions on Prepaid Payment Instruments dated August 27, 2021, issued by the Reserve Bank of India and as amended from time to time;
“Refund” means processing of the Merchant’s request to Instamojo Tech for returning the Transaction Amount (or part thereof) to the Payment Instrument which was used for effecting the payment of the Transaction Amount;
“Settlement Amount” shall mean the difference between the Transaction Amount and the Transaction Fees net of any applicable taxes;
“Transaction” means an Order whereby the Transaction Amount is paid by the Customer to the Merchant through a Payment Instrument;
“Transaction Amount” shall mean the amount paid by the Customer in connection with Transaction; and
“Transaction Fees” means the amount that is communicated by the Partner to Instamojo Tech as the amount deductible from the Transaction Amount towards the charges applied by the Partner for facilitating the provision of Services to the Merchant. This shall include all related charges, including but not limited to, Platform fee, handling fee, payout charges.
2.1 You represent and warrant that you (a) have full legal capacity and authority to agree and be bound to these Terms, (b) are eighteen years of age or older, (c) are an Indian resident, and (d) you have all requisite license, registrations, right, power and authority in full force to enter into these Terms and Conditions. If you represent an entity, organisation, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organisation, or legal person to these Terms.
3. SCOPE OF SERVICES
a. You hereby agree that your Onboarding shall be governed by our internal policy and is dependent on, including but not limited to, successful completion of the underwriting process as detailed under clause 4 and such other requirements as prescribed under the Applicable Law or determined by us in our sole discretion. We shall offer the Payment Services to you only after successful completion of the Onboarding process.
3.2 Payment Services
a. You hereby agree that the Settlement Amount shall be credited to you within 1 Business Day of the T (i.e., on T + 1 basis), where T shall be determined as per the agreement between you and the Partner.
b. You agree that we have no control over the incoming funds in the Escrow Account or the Nodal Account and our obligation to discharge Settlement Amount to you shall commence only after receipt of the funds into the Escrow Account or the Nodal Account.
c. You agree that all Settlement Amount shall be credited to you subject to deduction of Disputed Amount, Refund or any Refund processing amount, bank fees, penalty imposed on you by any Authority, applicable taxes or any such amount due to us by you.
3.3 Third-Party Services
a. In order to provide the Payment Services to you, we partner with various third parties including the Facility Providers, Card Payment Networks, and Issuers etc. (“Third Party Service Providers”). You understand and acknowledge that Instamojo Tech shall not be responsible for any inability to process Settlement Amount or inability render the Payment Services due to any actions or inactions of such Third-Party Service Providers.
4.1 You hereby agree that in order to avail the Payment Services we shall undertake certain underwriting processes and you are bound to furnish such documents and information (“Underwriting Documents”) as we may consider necessary in order to complete the underwriting process. Further, during the Term we reserve the right to seek any additional information, data, or documentation (“Additional Information”) that would be necessary in determining your eligibility to avail the Payment Services or for the continued use of the Payment Services.
4.2 In this regard, you agree to promptly share with the Partner such Underwriting Documents and Additional Information as and when required by it.
4.3 If the information provided by you, in our sole discretion, is unreliable or appears to be fraudulent or deficient, then you shall not be eligible to avail the Payment Services. If we discover any deficiency in the information provided by you on a later date, then we may ask the Partner to suspend your account on the Platform and we reserve the right to (i) facilitate the processing of all pending Settlement Amounts to you; or (ii) return the Transaction Amounts to the Customers; or (iii) withhold the Transaction Amounts for further investigation.
5.1 You agree that we shall not, in any way, be responsible for the products and services being provided by you. In the event of any dispute between you and the Customer in relation to any deficient or improper product or service being provided by you or otherwise, we shall not be made a party to any litigation, arbitration or other proceeding instituted in respect of such disputes. Further, you agree that if in any event we are made a party to any such dispute, you shall indemnify us in accordance with clause 11 of these Terms.
5.2 You agree that your use of our Payment Services is at your sole risk. The Payment Service is provided on an ‘as is’ and ‘as available’ basis. We expressly disclaim all warranties of any kind whether express or implied including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, quality, and performance, for the Payment Services. We shall give you reasonable notice of any such suspension or withdrawal on a best effort basis.
6. OUR RIGHTS
6.1 Right to audit
a. You agree that you shall permit and facilitate us, our officers, employees, agents, advisors, auditors and other professionals to (i) inspect and audit your records relating to goods and services provided on the Dashboard, your business in general and any activities carried in relation to the Payment Services availed (ii) conduct a security audit, as and when required, to check compliance with your obligations under the Applicable Law, (iii) seek information including but not limited to Underwriting Documents, copy of licence, payment and delivery proof, business records, etc; (iv) monitor your compliance with covenants, standards, terms and conditions hereunder; and (v) perform discretionary audits.
b. Further, you also grant the Authorities the right (i) to conduct an on-site/off-site monitoring and inspection of the arrangement under these Terms; (ii) to cause an inspection to be made on you and your books and accounts by one or more of its officers or employees or employees or other persons at any time with or without notice cause and you undertake not to impede the Authorities and the Payment Partner in carrying out their supervisory functions and objectives.
c. Further, we reserve the right to charge a penalty fee from you, for abusing or misusing our Payment Services, towards the charges incurred for the investigation, operational handling, and legal consultation charges.
6.2 Right to collect, store and share information
b. In addition to the above, you provide consent for the Partner to be able to share with us the access to any information shared by you with the Partner in accordance with the terms and conditions of the Partner.
c. You hereby agree that we may share any information received by us under this clause with the Authorities if considered necessary in our sole opinion or as and when requested by them.
d. In the event we suspect your involvement in any fraudulent activity, unauthorised activity, illegal activity, or any such activity which constitutes a breach of these Terms, you agree that we may undertake such actions against you, including but not limited to asking the Partner to suspend your account on the Platform, as permitted under the Applicable Law. Further, we reserve the right to inform any Authority of the same.
e. You agree that we may store any information received by us pursuant to this clause and even upon deletion of your account, we reserve the right to retain such information of yours to the extent permitted under the Applicable Law.
6.3 Right to deduct Transaction Fees
a. You agree that the Partner charges the Transaction Fees for facilitating the provision of Services to you and that the Settlement Amount that is discharged to you is post such deduction of the Transaction Fees and all applicable taxes.
6.4 Right to withhold Settlement Amount
a. You agree that we reserve the right to withhold Settlement Amount during as well as after the completion of the audit process or collection of information and/or in any other such event as we may deem necessary.
7. YOUR RESPONSIBILITIES
7.1 You agree that you are solely responsible for understanding and complying with the provisions of the Applicable Law, including but not limited to the Guidelines, at all times during the Term.
7.2 You hereby represent and warrant that you do not have any mala fide intention of duping the Customers and will not avail our Payment Services for selling any product that is fake or counterfeit or that you are prohibited to sell (as provided under Schedule I herein) under the terms and conditions of the Partner.
7.3 Further, you must ensure that all information shared by you with us, and the Partner is always true, accurate, complete, including without limitation description, price, applicable taxes or fees, shipping information, required legal disclosure, and other advertising, offers or promotional material.
7.4 You agree that you shall ensure that you clearly indicate to your Customer the terms and conditions of the products and services offered by you, the timelines for processing the returns and refunds and the grievance redressal mechanism for a Customer to raise a grievance.
7.5 You shall, at all times, ensure compliance with the Payment Card Industry-Data Security Standard (PCI-DSS) and Payment Application-Data Security Standard (PA-DSS) (as may be applicable) and shall provide with periodic security assessment reports as and when required by us. Further, you agree that you are not allowed to store payment data of the Customers irrespective of you being PCI-DSS compliant or otherwise, unless permitted under the Applicable Laws. Should you store any data in compliance with the Applicable Laws, you agree to ensure all applicable standards in this regard are complied with.
7.6 You agree that you shall not use our Payment Services for any unauthorised and/or unlawful activities. Without limiting the generality of the preceding sentence, you may not:
a. infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any Person;
b. except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from, or license the Payment Services;
c. use the Payment Services to transmit any data or send or upload any material that contains viruses, trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
d. use any robot, spider, other automated device, or manual process to monitor or copy the Payment Services or any portion thereof; or
e. use the Payment Services in any unlawful manner, for fraudulent or malicious activities, or in any manner inconsistent with these Terms.
7.7 During the Term and thereafter, you agree that you will not disparage us or any of our affiliates in any way which could adversely affect our or any of our affiliates’ goodwill, reputation and business relationships with the public generally, or with any of our customers, suppliers or employees.
7.8 You represent and warrant that all information that you provide to either us or the Partner in relation to the Payment Services is complete, true, and correct on the date of providing such information and shall continue to be complete, true, and correct while you avail the Payment Services. Should any information that you have provides changes during the existence of these Terms, you undertake to immediately bring such change to our notice, which shall not be more than 3 days, in any case. We do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data provided to avail the Payment Services is incorrect, incomplete, inaccurate, or misleading, or if you fail to disclose any material fact.
7.9 You shall extend all cooperation to us, in our defence of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms or under any Applicable Law.
7.10 You agree that you shall initiate the process for fulfilment of your delivery obligations with respect to an Order immediately and promptly upon confirmation of an Order and shall provide the Partner with documents evidencing such proof of delivery for all Orders, as and when requested by the Partner. Further, you agree that you shall maintain such proof of delivery for a period of at least 3 (three) years from the date of such delivery being completed.
8.1 All payments with respect to Refunds and shall be solely your responsibility and we shall not be liable for any claims, disputes, penalties which may arise in connection with such Refunds to you or the Customer.
8.2 You hereby agree that we shall process a Refund only upon initiation and intimation of the same to us by you or the Partner on your behalf via the Platform. Further, our obligation to initiate Refund is subject to availability of adequate funds in your account.
8.3 You shall indemnify us in respect of any claims, penalties, costs, and expenses arising directly or indirectly in relation to Refunds and Disputes for all Transactions.
9.1 You agree that in the event that the Customer claims that they have not received the goods or services that they have paid for, or claims that (i) the goods or services received are not as described, or (ii) the payment was mistakenly made, or (iii) they are otherwise unsatisfied with the fulfilment of the goods or service, or (iv) their Payment Instrument was fraudulently used to undertake the Transaction, or (v) otherwise disputes the Transaction in any way, whether by intimating Instamojo Tech, or filing a Dispute with their Issuer or through a complaint made to the police, consumer court or any other Authority, we would be entitled to debit the Disputed Amount from the Settlement Amount due to you. Should there not be a Settlement Amount due to you at the time the Transaction is disputed, you agree to transfer to Instamojo Tech’s Nodal or Escrow Account the Disputed Amount no later than 7 days from the date the Transaction was disputed.
9.2 Should the Dispute conclude to our satisfaction in your favour, the Disputed Amount so debited shall be reversed to your settlement.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 All rights, title, and interest in and to the Payment Services, including all intellectual property rights arising out of Payment Services, are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited licence to use the Payment Services in accordance with these Terms and its written instructions issued from time to time.
10.2 You hereby grant us a non-exclusive, royalty-free and limited perpetual license to use, display on the Platform and reproduce your trademarks, service marks and logos solely in connection with the marketing of your products and services to the public.
10.3 Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to our or any third-party’s intellectual rights.
11.1 You shall indemnify, defend at Instamojo Tech’s option, and hold Instamojo Tech, its parent company, affiliates, and their officers, associates, successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any direct or indirect losses, actions, damages, penalties, cost and expenses, claim, demand, lawsuits, judicial proceeding, (including, without limitation, from all damages, liabilities, settlements, costs and attorneysʼ fees) arising from or relating to:
a. acts, commissions or omissions, errors, misrepresentations, misconduct, negligence, fraud, forgery, dishonesty, violation attributable to you and/or your personnel/agents/representatives, or any third party who may use your account, your access to the Platform, use of the Payment Services, violation of these Terms or any infringement of these Terms;
b. contravention of any Applicable Law or industry practice applicable to you;
c. any claim from any Authority or any third party as a result of any action or inaction on your part, including but not limited to breach of these Terms or any acts committed beyond the scope of these Terms.
12. LIMITATION OF LIABILITY
12.1 Notwithstanding anything to the contrary contained herein, neither Instamojo Tech nor any of its affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms, including any action taken by any Authority. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless Instamojo Tech, its affiliated and subsidiary companies, its parent company, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Platform or the Payment Services.
13. GRIEVANCE REDRESSAL MECHANISM
13.1 If you have any questions or complaints with regard to the Payment Services being offered, you may directly reach out to us using any of the modes provided at firstname.lastname@example.org.
14.1 These Terms shall remail in effect as long as you continue to access the Platform or avail the Partner Services (“Term”).
15.1 Notwithstanding other legal remedies that may be available to you, we may at our sole discretion, either ask the Partner to limit your access or activity (either temporarily or indefinitely), or suspend or terminate your account or refuse to provide you with access to the Platform or ourselves stop providing the Payment Services, without providing you with notice or cause, for any reason including but not limited to the occurrence of the following events:
a. breach of your obligations, covenants, representation under the Terms or under the Applicable Law;
b. failure to repay or fraudulent payment for Transactions; or
c. upon the request of a Customer or any Authority.
15.2 Upon termination under this clause 15 these Terms shall terminate, except for those clauses that are intended to survive termination or expiry, including clauses 6.1, 11, 12, 17 and 18. All your rights and obligations that arise prior to termination shall also survive.
15.3 Notwithstanding anything to the contrary contained in the Terms, upon termination of your access to or use of the Platform and the Payment Services, all amounts or outstanding monies due by you to the Customer shall continue to be payable in accordance with your terms of service.
16. INSTAMOJO TECH MAY MAKE CHANGES TO THE PAYMENT SERVICES
16.1 We reserve the right to make changes to these Terms and Conditions and the Payment Services. As a Merchant, you are required to review these Term and Conditions each time you use the Platform or avail the Payment Services. Your use of the Platform and the Payment Services will be governed by these Terms and Conditions as amended from time to time. If at any point such amendments are not acceptable to you, we advise you to cease using the Platform and/or the Payment Services at such time.
17. MISCELLANEOUS PROVISIONS
17.1 Severability - If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
17.2 Waiver - No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Every right or remedy herein conferred upon or reserved to either party shall be cumulative and shall be in addition to every right and remedy existing at law or equity or by statute and the pursuit of any one right or remedy shall not be construed as an election.
17.3 Force Majeure - You agree that we shall not be liable for any breach of these Terms if such breach is caused by an event that is unforeseeable and beyond our reasonable control (such as, depending on the circumstances, unavailability of any communication system, breach or virus in our system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, unauthorized access to computer data and storage devices, computer crashes and regulatory or government actions (“Force Majeure Event”). In such circumstances, we will be entitled to a reasonable extension of time to perform our obligations and shall take commercially reasonable methods to inform you of the Force Majeure Event and use all reasonable endeavors to mitigate the effects of the Force Majeure Event.
17.4 Notices - All notices, requests, demands, and determinations for Instamojo Tech under these Terms (other than routine operational communications) shall be sent to 3rd floor, MAA Grace, 12/1, 7th Cross Road, Koramangala 1A Block, Bengaluru, Karnataka 560034.
17.5 Third Party Rights - No third party shall have any rights to enforce any terms contained herein.
17.6 Translations - Instamojo Tech may provide you with translated versions of these Terms solely to assist you with understanding these Terms in greater detail. The English version of these Terms shall be controlling in all respects. In the event of any inconsistency between the English version of these Terms and any translated version, the terms of the English version shall prevail.
18. GOVERNING LAWS AND JURISDICTION
18.1 These Terms shall be governed by and construed in accordance with the laws of India and any dispute concerning these Terms shall be subject to the exclusive jurisdiction of courts at Bangalore, India.
18.2 Any dispute or claim arising out of or in connection with or relating to these Terms or their breach, termination, or invalidity hereof shall be referred to and finally resolved by arbitration in Bengaluru in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which rules are deemed to be incorporated by reference in this clause 18.2.
18.3 Within 30 (thirty) days of the issue of a notice of dispute, Instamojo Tech and you shall mutually agree on the appointment of a sole arbitrator. If such mutual agreement is not arrived at within the aforesaid 30 (thirty) days’ period, Instamojo Tech and you shall appoint such sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996.
18.4 The seat of arbitration shall be Bengaluru and the arbitration proceedings shall be conducted in the English language.
18.5 We/You agree to keep the arbitration confidential and not disclose to any person, other than those necessary to the proceedings, any information, transcripts, or award unless required by Applicable Law. The decision of the arbitrator shall be final and binding on us/you hereto.
18.6 We/You hereto agree that our/your consent for resolution of dispute through arbitration shall not preclude or restrain you/us from seeking suitable injunctive relief in appropriate circumstances from courts in Bengaluru.
18.7 The cost of arbitration shall be borne in a manner by us/you as determined by the arbitrators. In the meantime, we/you shall bear our/your own cost for the arbitration which shall be reimbursed as per the directions in the arbitral award.
19. CONTACT DETAILS
19.1 If you have any questions, complaints, or claims with respect to the Services, you may contact us at email@example.com.
i. Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media, escort or prostitution services);
ii. Alcohol or goods which includes Alcohol content or any other alcoholic beverages such as beer, liquor, wine, or champagne;
iii. Body parts which includes organs or other body parts including blood and other bodily fluids;
iv. Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam);
v. Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free;
vi. Child pornography which includes pornographic materials involving minors;
vii. Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection;
viii. Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials;
ix. Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software;
x. Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods;
xi. Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms;
xii. Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items;
xiii. Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction;
xiv. Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content;
xv. Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles;
xvi. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property;
xvii. Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts;
xviii. Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes;
xix. Offensive goods which includes literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred;
xx. Offensive goods, crime scene photos or items, such as personal belongings, associated with criminals;
xxi. Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner;
xxii. Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances;
xxiii. Regulated goods which includes air bags, batteries containing mercury, Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides, postage meters, recalled items, slot machines, surveillance equipment, goods regulated by government or other agency specifications;
xxiv. Securities which includes stocks, bonds, or related financial products;
xxv. Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, electronic cigarettes and related products;
xxvi. Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products;
xxvii. Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments;
xxviii. Wholesale currency which includes discounted currencies or currency exchanges;
xxix. Live animals;
xxx. Multi-Level Marketing collection fees;
xxxi. Matrix sites or sites using a matrix scheme approach;
xxxii. Work-at-home information;
xxxiii. Drop-shipped merchandise;
xxxiv. Overseas foreign exchange trading;
xxxv. Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of US;
xxxvi. Remote Access Technical Support;
xxxvii. Illegal weapons, Product violating someone’s privacy, providing or creating computer viruses;
xxxviii. Product that tries to gain unauthorized access or exceeds the scope of authorized access to the Website, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Website;
xxxix. Interferes with another’s use and enjoyment of the Website;
xl. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation;
xli. Shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
xlii. Shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.
xliii. Web Hosting;
xliv. Financial Consultants;
xlv. Resume writing and Recruitment services
xlvi. Fortune tellers/Astrology;
xlvii. Credit repair or protection or restoration;
xlviii. Dating/Matrimonial services;
l. Auction houses;
li. Real Estate agents/brokers;
lii. Prepaid cards;
liii. Adoption of children and babies;
liv. Code that carries out any “denial of service” or any other harmful attacks on application or internet service;
lv. Inappropriate, illegal or otherwise prohibited communication to any newsgroup, mailing list, chat facility, or other internet forum;
lvi. Disruption, placing unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to the Store (as defined in GMAS Terms) of any other User;
lvii. Antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “briefing” as those terms are commonly understood and used on the internet; lviii. Block chain and digital payment systems such as Bitcoins.