I. ACCEPTANCE

• The Platform and the Service are provided to you subject to these ACTIONCLUB Terms of Use (these "Terms"). when using a portion of the Service, you agree to conform to any and all applicable posted guidelines for such Service, which may change or be updated from time to time at ACTIONCLUB’s sole discretion. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with ACTIONCLUB or the Service in any way, your only choice is to immediately discontinue the use of ACTIONCLUB APP. These Terms may be updated by ACTIONCLUB at any time at its sole discretion.
• The Company reserves the right to change or modify these Terms of Use, or any policy or guideline of the ACTIONCLUB Platform, including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the ACTIONCLUB Platform. While the Company will periodically inform you of material changes to the Terms of Use, you are responsible for checking this page regularly to note any changes. Your continued use of the ACTIONCLUB Platform or the Services means you accept and agree to the updated Terms of Use.
• By (i) using the ACTIONCLUB Platform or availing any of our Services, (ii) visiting the ACTIONCLUB Platform, or (iii) downloading the ACTIONCLUB application, you agree that you have read, understood, and agreed to be bound by these Terms of Use, the Privacy Policy, and any other applicable rules, guidelines, policies, terms, and conditions under applicable law(s) in India and other jurisdictions. These documents shall be considered part of these Terms of Use.
• The ACTIONCLUB Platform is operated, and Services are provided, in compliance with Indian laws. The Company shall not be liable to provide any Services to users outside India. If you access our Services from locations outside India, you do so at your own risk and are solely responsible for complying with applicable local laws.

II. DESCRIPTION OF SERVICE AND CONTENT POLICY

• ACTIONCLUB operates the next generation of online platforms. We act merely as an intermediary to allow our users who comply with these Terms to post, see and quote Listed service requests. ACTIONCLUB is not in any way involved in financial transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that ACTIONCLUB is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Platform at your own risk.
• ACTIONCLUB APP provides a marketplace for listings which enables customers (“Service Request Listers”) to publish the Tasks on the ACTIONCLUB platform. ACTIONCLUB does not own or manage the listings and is not a party to any interactions and contracts between Customers and Service Providers. Further, any kind of listings on the platform, ACTIONCLUB clarifies that he is not a developer, broker or agent and is not acting as an agent in any capacity for any user, advertiser, Lister and/or service provider etc. If you are entering this platform in any capacity, you acknowledge that ACTIONCLUB exercises no control over listings, including but not limited to any information provided therein. ACTIONCLUB however, reserves the sole right to monitor and moderate content at its own discretion for platform operation, fraud prevention, compliance, and quality assurance and reserve the right to take any suitable action to ensure the same. If you are a Lister you further acknowledge that ACTIONCLUB has the right, but does not have any obligation, to monitor the use of your listing and verify information provided by you. Service providers agree to offer their services at their own risk and assume full responsibility for their work, including any damages, losses, or disputes arising from the services they provide. The App company is not liable for any damages or issues caused by the service provider.
• You understand that ACTIONCLUB does not control, and is not responsible for ads, directory information, business listings/information, messages between users, communications with the select partners, including without limitation e-mails sent from outside ACTIONCLUB’s domain or other means of electronic communication, whether through the Platform or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Platform and the Service ("Content"), and that by using the Platform and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with your listing including but not limited to the claims, infringement, damages, suits, loss(es), fine, penalties or any other actions against this by any local or statutory authorities , that you may not rely on said Content, and that under no circumstances will ACTIONCLUB be liable in any way for the Content or for any claims, infringement, damages, suits, loss(es), fine, penalties or any other actions against this by any local or statutory authorities of any kind incurred as a result of the browsing, using or reading any Content listed, emailed or otherwise made available via the Service. You acknowledge and agree that ACTIONCLUB cannot and does not pre-screen or approve any Content, but that ACTIONCLUB has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to ACTIONCLUB’s knowledge or for any other reason or no reason at all. Furthermore, the Platform and Content available through the Platform may contain links to other third-party websites ("Third Party Websites"), which are related or unrelated to ACTIONCLUB. If you are directed to such Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and their policies. ACTIONCLUB makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your usage to any other websites is completely at your own risk and ACTIONCLUB being an intermediary disclaims all liability thereto.
• You being a Lister and/or Service Provider acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking, or publishing it. More specifically, you are solely responsible for all Content that you upload, email, or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have and shall continue to, for such time the Content is available on the Platform, subject clause III mentioned below you have the necessary and valid licenses, approvals, rights, consents, and permissions to use such Content on the Service and Platform (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize ACTIONCLUB to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Platform, you hereby grant to ACTIONCLUB an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content including your personal data in connection with the Platform and ACTIONCLUB's (and its successor's) business, including without limitation for the purpose of promoting and redistributing part or all of the Platform and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by ACTIONCLUB in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to ACTIONCLUB all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Platform by any party for any purpose. As a part of the Service, ACTIONCLUB may offer the facility of automatically capturing the "Description" of your ad based on the voice note and images uploaded by you. ACTIONCLUB makes no warranty on the veracity or the accuracy of the generated Description. The Description may be edited by you at any time while your listing is live. You also hereby grant each user and ACTIONCLUB (a) a non-exclusive license to access your Content through the Platform, and (b) the right to contact you with regard to the Content posted by you through private chat or any other means. The foregoing license to each user granted by you terminates once you or ACTIONCLUB remove or delete such Content from the Platform. Further, you grant ACTIONCLUB the right to make available your Content to any third party in connection with the transaction contemplated in your classified advertisement.
• ACTIONCLUB does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and ACTIONCLUB expressly disclaims any and all liability in connection with User Content. ACTIONCLUB does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and ACTIONCLUB may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another's intellectual property rights. ACTIONCLUB reserves the right to remove any Content without prior notice. ACTIONCLUB may also terminate a user's access to the Platform if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Platform more than twice. Further, at its sole discretion, ACTIONCLUB reserves the right to decide whether any Content is appropriate and complies with these Terms.

III. GENERAL GUIDELINES FOR LISTINGS

A. SUBMISSION GUIDELINES FOR LISTINGS/ADVERTISEMENTS/ PUBLISHING

• Lister agrees not to submit any descriptions, photographs, financial, contact or other information contained in any Listed Item and/or any advertisement of an already Listed service ACTIONCLUB’s Platform (Advertisement) unless the Lister submitting such a Listed Task and/or Advertisement has acquired and received all necessary rights and authorizations from the owner of such Listed Item and/or Advertisement or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to sell, lease, rent, publish/ list and advertise the said Listed Task and/or Advertisement on ACTIONCLUB’s platform. Similarly, ACTIONCLUB does not take any ownership, directly or indirectly towards any person whatsoever, with respect to banners hosted on its app by its customers, which are strictly in the nature of sale of advertisement space by ACTIONCLUB & it has not carried out any independent verification on the authenticity of such images/ banners/ listings. Some listings may contain third party video content provided for general informational purposes only and such content does not constitute a recommendation or solicitation or intends to influence any type of purchase or decision. No guarantees are made by ACTIONCLUB or the providers of the media content as to its accuracy or completeness. When you are posting a task as a customer, you acknowledge that you have the patience to wait for Service provider’s response till the task gets auto-deleted, where the auto-deletion duration is determined by ActionClub.
• ACTIONCLUB may, at its sole discretion but without any obligation, search and remove such Listed Tasks posted on its platform by the Listers that are alleged to have been submitted in violation of the above provision. In addition, ACTIONCLUB may require additional evidence of compliance with this provision from Listers who are alleged to have submitted listings in violation of these terms and conditions. ACTIONCLUB will, in its sole discretion, terminate the accounts of, and refuse Services to, any Lister who repeatedly or intentionally violates these terms and conditions. Additionally, the Lister agrees to allow the listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by other users of the ACTIONCLUB app/website. ACTIONCLUB shall have the sole authority to choose the manner in which any listing will be searchable, displayed, accessed, downloaded, copied, and otherwise used on ACTIONCLUB 's website and app and it shall have the right to modify the listing in the exercise of its rights under these terms and conditions.

B. GUIDELINES FOR Service Providers AND Customers

• At ACTIONCLUB, we prioritize transparency and reliability in our listings. We advise Users (Customers/Service providers) to conduct thorough checks and establish the authenticity of any Task, or service before proceeding with any transaction. Please adhere to the following guidelines: (i) Independent Verification: Customers/Service Providers should conduct comprehensive checks to verify the authenticity of the Listed Task/Service provider-response including their suitability for accepting or proceeding. This verification should be done at the Customers/Service providers's own expense and in a manner deemed appropriate. While posting a task, Customers might get responses from both verified and unverified Service providers. Customers have the freedom to choose and they bear the full responsibility of their decision to go with either verified or unverified service provider. ActionClub bears no responsibility on the outcome of either the verified service providers or the unverified service providers. (ii) ACTIONCLUB's Role: As an online marketplace and merely being an intermediary ACTIONCLUB does not validate the authenticity of content provided in its services. Users should be aware that content is uploaded by Listers, and ACTIONCLUB does not filter or verify the same. However, we take prompt remedial measures upon receiving complaints. (iii) Ownership Verification: Customers are advised to conduct a comprehensive check of the ability of the Service Provider to fulfill the task. (iv) Personal Inspection: It is strongly recommended that Service Providers personally visit task sites to ensure the authenticity and existence of the Listed Task and/or Advertisement. (v) Beware of False Documents: As and when applicable the Users/Service Providers should exercise caution and conduct diligence regarding the required and valid documentation from the Lister and/or Advertiser, (vi) Compliance with Regulations: As and when applicable the Users should independently ensure whether the Lister is complying with the provisions of all applicable laws (vi) Please note that ActionClub serves as an intermediary platform and does not facilitate, negotiate, or assist in sales between Lister and/or Advertiser and Service Providers. While we rely on the information provided by Listers for displaying Listing Tasks on our platform,Service Providers are strongly encouraged to validate all information and review terms and conditions before making any decisions.

A category-wise non-exhaustive list of recommended guidelines and checks:

Jobs: Job seekers engaging with listings on our platform should exercise caution by verifying the authenticity of job offers, including the employer's registration status and compliance with n labour laws. Additionally, job seekers should ensure transparency in recruitment processes and seek clarification on any discrepancies or ambiguities in the job listing before proceeding with applications or interviews. The Lister should support the Service Providers in such diligence by producing such documents to the Service Provider/ user of the Platform.

Miscellaneous listed Tasks and advertisement: ACTIONCLUB hereby advise the Service Providers and potential lister and advertisers that the miscellaneous listing Tasks which are not including in the list above on the present date should comply with the respective applicable laws and compliances whereas the Service Providers are advised to know and understand the general laws, compliances and diligence about such listed/ listing Tasks on the Platform by itself. ActionClub reserves the right to add, remove or modify Categories and Sub-Categories(Clubs) within the platform. Service Providers can switch between Clubs once in a month if they wish to do so. They also can access tasks in multiple Clubs if they have an active subscription to the premium plans which support multiple club memberships. The awarding of reward coins to Service Providers is the sole discretion of ActionClub. The users of the platform hold no rights to question the mode of calculation of the reward coins. Service providers can use this reward coins only to avail discounts while purchasing ActionClub Platform premium membership plans. Customers may also review the service provider's credentials, experience, and customer reviews including statutory licenses and to seek clarification on pricing terms, the service scope, deliverables, and dispute resolution mechanisms before engaging with the service provider. Being a marketplace App, ActionClub only connects the customers with the Service Providers. It is the customer's discretion to clarify work aspects like warranty (if applicable) directly with the Service Provider well before starting the work. As a marketplace app, ActionClub’s scope is only till you connect with the service provider. Any disputes or damages afterwards must be resolved between the customer and service provider. ActionClub won’t be responsible for any kind of above said misunderstandings or mishappenings.

Phone Number Disclosure

To ensure the safety, privacy, and traceability of all users on our platform, the following rules must be strictly adhered to:

• Customers must not disclose their phone numbers in any form within voice task details, action titles, or any uploaded media.
• Service Providers must not include their phone numbers in voice responses, profile pictures, or portfolio images.

By using the platform, all users acknowledge and accept full legal responsibility for any disputes or consequences that may arise from the disclosure of personal contact information. Bypassing these rules makes it impossible for the platform to track or verify connections between customers and service providers, especially in the event of a request from law enforcement authorities. Any such action may be considered a violation of our Terms and Conditions and could result in account suspension or termination.

IV. CONDUCT

You agree not to post, email, message, host, display, upload, modify, publish, transmit, store, update or share any information on the Platform, or otherwise make available Content:

• That violates any law, rule, direction, guideline or regulation, etc;
• that’s copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third-party proprietary rights, including privacy and publicity rights unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant ACTIONCLUB all of the license rights granted herein;
• that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
• that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy or other rights, including bodily privacy, insulting or harassing on the basis of gender, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or harms or could harm minors in any way promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence or otherwise unlawful in any manner whatsoever or otherwise inconsistent with or contrary to the laws in force;
• that harasses degrades intimidates, or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
• that threatens the unity, integrity, defense, security, or sovereignty of , friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
• that includes personal identifiable information about another person without that person's explicit consent;
• that impersonates any person or entity, including, but not limited to, an ACTIONCLUB employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• that is false, deceptive, misleading, deceitful, misinformative, or constitutes a "bait and switch" offer;
• that constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
• that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Platform which are not designated for such purposes; or (2) e-mailed to ACTIONCLUB APP users who have requested not to be contacted about other services, products or commercial interests;
• that includes links to commercial services or Third Party Websites, except as specifically allowed by ACTIONCLUB ;
• that advertises any illegal service Tasks the doing of which is prohibited or restricted by applicable law, including without limitation Tasks the use of which is prohibited or regulated by applicable law;
• that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any other computer resource;
• that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
• that employs misleading email addresses, forged headers, or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
• that belongs to another person and to which you do not have any right;
• that is harmful to the child;
• that deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
• Additionally, you agree not to:
• contact anyone who has asked not to be contacted, or makes unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post an advertisement on a third-party website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;
• make any libellous or defamatory comments or postings to or against anyone;
• collect personal data about other users or entities for commercial or unlawful purposes;
• use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g, Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
• post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
• post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
• attempt to gain unauthorized access to computer systems owned or controlled by ACTIONCLUB or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Platform.
• use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of ACTIONCLUB 's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.
• use any automated device or software that enables the submission of automatic postings on ACTIONCLUB APP without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or
• Any Content uploaded by you shall be subject to relevant laws and may be disabled, or may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you.

V. PAID SERVICES

We may charge a fee to post content in or utilize some areas of the Service (“Paid Services”). By posting Paid Services on the platform, you enter into an agreement with ACTIONCLUB , the terms of which are set out herein. Provisions of the Terms relating to the Content shall also be applicable to Paid Services. Further, you continue to be bound by the Terms in connection with your use of the Platform and the Services. Currently, for Paid Services, we offer the features described in the following paragraphs. Only some of these features may be made available to you by us, depending on your usage, category, geographical location, and medium of purchase. The terms of Paid Services and the relationship between you and ACTIONCLUB shall be governed by the laws of .

• A. Featured Listing: Featured Listing is a feature that enables the display of your Listing in a designated area of the platform and/or in a highlighted manner (depending on the platform the content is being viewed), so as to distinguish it from other content posted on the platform. In the designated area of the platform pertaining to Featured Listing , Features Listing are listed in a sequential manner. Therefore, it is possible that a particular Featured Listing is not visible to you each time you browse through the platform. This feature has been provided to enable users to draw attention to their advertisements and increase the likelihood of receiving responses from Service Providers. We do not guarantee an increase of a specified quantum in the responses received by you and any representation on the platform in this regard is merely indicative. The duration for which your Listing will be displayed as a Featured Ad shall be the number of days specified for a task as decided by ActionClub. Posting a priority task dont ensure Service Provider response, it will only highlight your listing when presented to Service providers and remove ads from that specific task interface. Customers may opt to highlight their task as a priority listing for an additional fee. The App company does not guarantee that you will receive responses from service providers, even if you have paid for priority placement. The payment is for highlighting the task in the App only. There is no limit on the volume of Featured Listing you may post on the platform. ACTIONCLUB reserves the right to limit the extent and manner in which Featured Ads may be edited by you. ActionClub connects customers with service providers for various home services. Customers can post tasks, and service providers can offer quotes. The selection of a service provider is solely at the discretion of the customer.
• B. Premium Service Provider :It is a feature that bumps your Response to the top of the responses space in which the task advertisement has been posted. Your Listing will remain in that spot until new Premium Service Provider Response are posted for that task, at which point it will move down accordingly in the listing space. This feature has been provided to enable users to draw attention to their live Listing and increase the likelihood of receiving responses from Customers. We do not guarantee an increase of a specified quantum in the responses received by you and any representation on the platform in this regard is merely indicative. ACTIONCLUB shall have the sole discretion to determine the frequency of such intervals for bumping of the Listing that may differ across categories, usage, and geographical location.Service providers may respond to tasks with a quote. Service providers may choose to pay for a premium listing to highlight their response, but such payment does not guarantee assignment of the task. Selection of a service provider is at the sole discretion of the customer.

The validity of Paid Listing/Services:

• Unlimited Paid Listing package for Customer – In the Unlimited Paid Listing package, you can post unlimited listings during the validity of the package. Regardless of when you post an advertisement during the life of the package, the advertisement will only remain valid during the validity of the package.
• Payment for Paid Services: Upon selecting any feature of Paid Services, you may be redirected to a third-party payment processing site such as Razorpay offering payment through various channels such as net banking, debit card and credit card (“Payment Gateway”). ACTIONCLUB may offer you a right to pay through cash or other channels such as cash collection. You agree that Paid Services will be made available to you only upon receipt of payment confirmation from the Payment Gateway or collection agencies. Upon making payment to us, through any medium whatsoever, you warrant to us that you are entitled to use the medium or otherwise make the payment to us under applicable law. You have the ability to provide us your Goods and Services Tax Identification Number (GSTIN) on the platform. Your GSTIN details are mandatory for passing on the credit of GST charged. In case you fail to provide us with your GSTIN details, we will assume that you are not registered with the GST authorities, without independently verifying your registration status. Unless otherwise mentioned on the platform, prices indicated are inclusive of applicable taxes.
• Refunds/Cancellation: If you choose to delete or deactivate any Paid Services prior to the period for which it is active, we will not be liable to refund you for any unutilized time. In the event you are not able to avail of the Paid Services on the platform on account of any technical reasons, on receipt of payment confirmation, equivalent units of the paid feature against the ad units you were not able to post shall be credited to your account. For example, if you buy a package of 3 Featured Listing units out of which you have consumed only 2 units and were unable to post the remaining 1 Listing unit as a Featured Listing on account of a technical glitch during the lifetime of the package validity, you will be credited only 1 unit of Featured Listing to your account. The above refund policy shall not be applicable in the event any content in your Listing is found to be violating the Terms or there has been any abuse reported in relation to your Listing or your Listing is deleted or not re-posted on the platform on account of any technical reasons due to any subsequent editing done by you.

VI. POSTING AGENTS

As used herein, the term "Posting Agent" refers to a third-party agent, service, or intermediary that posts Content to the Service on behalf of others. ACTIONCLUB prohibits the use of Posting Agents, except with express written permission or license from the original owner of the listed Tasks, failing which Lister (Posting Agent) shall solely be liable for any breach, infringement, claims, penalties, damages, etc., claimed by the original owner/ right holder of such Listed Item, ACTIONCLUB shall not held liable and shall not be party to such breach in any form and manner.

VII. ACCESS TO THE SERVICE

ACTIONCLUB grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) subject to conditions mentioned herein above, access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display, or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by ACTIONCLUB or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a "general purpose internet search engine" does not include a website or search engine or other services that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). If the total number of such postings displayed on or linked to your website exceeds limits set by ACTIONCLUB , your use will be considered to be in violation of these Terms, unless ACTIONCLUB expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Platform so long as the link does not portray ACTIONCLUB , its employees, affiliates, or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from ACTIONCLUB .

VIII. NOTIFICATION OF CLAIMS OF INFRINGEMENTS

ACTIONCLUB is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or Tasks advertised on the site, by end-users, or any other third parties.

IX. INTELLECTUAL PROPERTY RIGHT

You acknowledge and agree that the materials on the Platform, other than the User Content that you licensed under Section II(C) of the Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are licensed to ACTIONCLUB , and are subject to copyright and other intellectual property rights under n law. In connection with the Services, the Platform may display certain trademarks belonging to third parties. Use of these trademarks may be subject to the license granted by third parties to ACTIONCLUB . You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Platform are provided to you on an ‘AS IS’ basis for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners or licensees, as applicable. ACTIONCLUB reserves all rights not expressly granted herein to the Platform and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Platform for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict the use or copying of any Materials or enforce limitations on the use of the Platform or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws and other laws currently in force in . The content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and, other laws currently in force in . Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate, or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

X. USER Submissions

You understand that when using the Platform, you will be exposed to Content from a variety of sources and that ACTIONCLUB is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory, or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ACTIONCLUB with respect thereto.

XI. INDEMNITY

You agree to defend, indemnify and hold harmless ACTIONCLUB , its Proprietor, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from (i) your use of and access to the Platform and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. (v) your negligence in obtaining the required consents, approvals, permissions, and non-adherence to applicable laws, before or after listing the product and services on this platform. (vii) your non-adherence to the applicable laws pertaining to your products and services including but not limited to civil and criminal acts, wrongs, deeds etc.,(vi) your negligence in understanding the terms and conditions of third parties/ channel partners/ select entities/partners prior to availing their products or services offered by them to the users through our platform. This defense and indemnification obligation will survive termination, modification, or expiration of these Terms and your use of the Service and the Platform.

XII. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements or other unsolicited communications to ACTIONCLUB email addresses or through ACTIONCLUB computer systems is expressly prohibited by these Terms. You acknowledge and agree that from time to time ACTIONCLUB may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the ACTIONCLUB email system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Platform may be used only in accordance with the Terms. Any unauthorized use of ACTIONCLUB computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

XIII. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS

You acknowledge and agree that ACTIONCLUB shall not be liable for your interactions with any organizations and/or individuals on the Platform or through the Service. This includes, but is not limited to, representatives of our select partners, payment and delivery of goods and services, and any other terms, conditions, warranties, or representations associated with any interaction you may have with other organizations and/or individuals. The App company is not responsible for any damages, losses, or issues that arise between customers and service providers. The App serves solely as a marketplace for connecting customers and service providers. Any problems, damages, or disputes between the parties must be resolved directly between the customer and the service provider. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that ACTIONCLUB shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. The App company is not responsible for any failure in task completion, lack of service provider responses, or other issues arising from the use of the App. If there is a dispute between participants on the Platform, or between users and any third party, you understand and agree that ACTIONCLUB is under no obligation to get involved in such a dispute. In the event that you have a dispute with one or more other users, you hereby release ACTIONCLUB , its Proprietor, employees, agents, and successors from any and all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.

User Safety Disclaimer

As a marketplace platform, we connect customers with independent service providers but do not conduct independent background checks, identity verifications, or qualifications assessments of users beyond basic ID verification. The “Verified” badge in the app indicates only that an ID verification has been completed and should not be construed as a background check or endorsement of trustworthiness.

By using our platform, you acknowledge and accept the inherent risks associated with engaging and interacting with individuals who may be strangers. We strongly advise all users—both service providers and customers—to exercise personal judgment and take appropriate safety precautions during any engagement, particularly when services are delivered in your home or private spaces.

For your safety, we recommend:

• Having a neighbor, friend, or family member present during appointments.
• Conducting initial meetings in public or secure locations when possible.
• Keeping personal belongings secure and avoiding sharing unnecessary personal information.

You agree that you are solely responsible for your personal safety and the protection of your property when using our platform. We expressly disclaim any liability for loss, injury, or damages arising out of any interactions or services arranged through the app.

XIV. LIMITATION AND TERMINATION OF SERVICE

You acknowledge and agree that ACTIONCLUB may establish limits from time to time concerning the use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency and the manner in which you may access the Service or the Platform. You acknowledge that your account is identified and linked through your mobile number, Facebook account, or email address through which you have registered. In the event you have more than one account linked through your mobile number, Facebook account, or email address, ACTIONCLUB reserves the right to remove or restrict the usage of such duplicate accounts. You acknowledge and agree that ACTIONCLUB has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Platform or the Service. You acknowledge and agree that ACTIONCLUB reserves the right at any time to modify, limit or discontinue the Service (or any part thereof) with or without notice and that ACTIONCLUB shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that ACTIONCLUB , in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if ACTIONCLUB believes that you have violated these Terms. Further, you agree that ACTIONCLUB shall not be liable to you or any third-party for any termination of your access to the Platform or the Service. Further, you agree not to attempt to use the Service after any such termination.

XV. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ACTIONCLUB , ITS PROPRIETOR, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. ACTIONCLUB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT OR THE CONTENT OF ANY THIRD-PARTY WEBSITES LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. ACTIONCLUB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ACTIONCLUB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IT IS HEREBY CLARIFIED THAT ACTIONCLUB HAS NO CONTRACTUAL PRIVITY OR KNOWLEDGE OF LISTERS AND BUYERS IDENTITIES UNDER ITS PLATFORM. HENCE THE SELLER AND BUYER NEED TO EXERCISE CAUTION WHILE TRANSACTING AND ARE ADVISED TO VERIFY THE AUTHENTICITY OF LISTINGS AND COUNTERPARTIES. ACTIONCLUB WILL NOT BE LIABLE FOR ANY KIND OF LOSS/ DAMAGE TO THE BUYER OR SELLER, INCLUDING CONSEQUENTIAL AND INCIDENTAL LOSSES AND DAMAGES. NO GUARANTEE IS PROVIDED ON ANY MISREPRESENTATION. IF USERS EXCHANGE THEIR CONTACTS ON THE PLATFORM, AND IF ANYTHING HAPPENS TO ONE USER DUE TO THE ACT OF THE OTHER USER, SUCH AS THEFT OR CHEATING, ACTIONCLUB WILL NOT BE RESPONSIBLE FOR THE SAME. ACTIONCLUB DOES NOT PROMOTE CRIMINAL ACTIONS & FRAUD AND ANY USER INDULGING IN CRIMINAL ACTIVITIES IS DOING SO OUT OF THEIR OWN VOLITION. ACTIONCLUB DOES NOT GUARANTEE SPECIFIC RELIEF OR SPECIFIC PERFORMANCE OF ANY CONTRACT/TERMS THAT A BUYER AND SELLER ON ITS PLATFORM ENTER INTO. ACTIONCLUB OPERATES AS AN INTERMEDIARY PLATFORM, AS DEFINED UNDER SECTION 2(W) OF THE INFORMATION TECHNOLOGY ACT, 2000, AND IS GOVERNED BY THE PROVISIONS OF THE SAME. LISTERS/Service Providers ARE ENCOURAGED TO PROMPTLY REPORT ANY INACCURATE OR INAPPROPRIATE CONTENT. DESPITE DILIGENT EFFORTS TO ENSURE ACCURACY, COMPLETENESS, AND CURRENCY OF INFORMATION IN LISTINGS AND ADVERTISEMENTS, ACTIONCLUB CANNOT GUARANTEE THE SAME. USERS ARE STRONGLY ADVISED TO INDEPENDENTLY VERIFY ALL DETAILS. REPRESENTATIONS AND DEPICTIONS OF LISTED Tasks, INCLUDING PICTURES AND VISUALS, WHICH MAY DIFFER FROM THE ACTUAL PRODUCT AND SERVICES. USERS SHOULD VERIFY INFORMATION FROM RELEVANT AUTHORITIES AND DEVELOPERS (IF APPLICABLE) BEFORE MAKING ANY DECISIONS ON PURCHASE OF LISTED Tasks AND/OR ADVERTISED Tasks. IN ADDITION TO THE FOREGOING, IT IS PERTINENT TO MENTION HERE THAT THE DEFINITIONS PROVIDED UNDER SECTION 2(47) AND SECTION 2(11) OF THE CONSUMER PROTECTION ACT, 2019 (“CPA”) ARE CRUCIAL IN DESCRIBING THE PARAMETERS OF UNFAIR TRADE PRACTICES AND DEFICIENCY IN SERVICES, RESPECTIVELY. "UNFAIR TRADE PRACTICES" AS DEFINED IN SECTION 2(47) OF THE CPA, ENCOMPASS THE ADOPTION OF UNFAIR METHODS OR DECEPTIVE TRADE PRACTICES FOR THE SALE, USE, OR SUPPLY OF ANY GOODS OR PROVISION OF ANY SERVICE, INCLUDING FALSE REPRESENTATION ABOUT THE STANDARDS, QUALITY, OR GRADE OF SERVICES AND REPRESENTATIONS PURPORTING TO BE WARRANTIES OR GUARANTEES OF SERVICES. "DEFICIENCY" IN SERVICES, AS PER SECTION 2(11) OF THE CPA, ENCOMPASSES ANY FAULT, IMPERFECTION, OR SHORTCOMING IN THE QUALITY, NATURE, AND MANNER OF PERFORMANCE REQUIRED BY LAW OR CONTRACT, INCLUDING ACTS OF NEGLIGENCE OR OMISSION RESULTING IN LOSS OR INJURY TO THE CONSUMER. AS AN INTERMEDIARY PLATFORM, ACTIONCLUB OPERATES SOLELY TO FACILITATE THE EXCHANGE OF INFORMATION BETWEEN USERS AND DOES NOT EXERCISE CONTROL OVER THE CONTENT OF LISTINGS OR THE QUALITY OF SERVICES OFFERED THEREIN. CONSEQUENTLY, ACTIONCLUB NEITHER PROMOTES NOR ENGAGES IN UNFAIR TRADE PRACTICES, NOR CAN IT BE HELD LIABLE FOR ANY DEFICIENCY IN SERVICES AS DEFINED UNDER THE CPA. USERS ARE HEREBY APPRISED THAT ANY GRIEVANCES REGARDING UNFAIR TRADE PRACTICES OR DEFICIENCY IN SERVICES PERTAINING TO LISTINGS SHOULD BE ADDRESSED DIRECTLY WITH THE OWNER OF THE RESPECTIVE LISTING. ACTIONCLUB ASSUMES NO RESPONSIBILITY FOR THE ACTIONS OR REPRESENTATIONS OF USERS. USERS ARE APPRAISED THAT FOR ANY PERCEIVED UNFAIR TRADE PRACTICES OR DEFICIENCIES IN SERVICES, THE USER CAN FILE CONSUMER COMPLAINTS DIRECTLY AGAINST THE OWNERS OF THE LISTINGS.

THE ACTIONCLUB PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL. COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE ACTIONCLUB PLATFORM, SERVICES OR CONTENT ON THE ACTIONCLUB PLATFORM, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. FURTHER, COMPANY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE ACTIONCLUB PLATFORM DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE ACTIONCLUB PLATFORM THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND COMPANY'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE ACTIONCLUB PLATFORM, IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. COMPANY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ACTIONCLUB PLATFORM IS AT YOUR RISK.

WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS. YOU ACKNOWLEDGE THAT THIRD PARTIES MAY PARTNER WITH US FOR PROVISION OF SERVICES. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY'S / MERCHANT’S/ PARTNER’S GOODS OR SERVICES.

ACTIONCLUB DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED BY THE MERCHANT ON THE ACTIONCLUB PLATFORM.

WHILE THE MATERIALS PROVIDED ON THE ACTIONCLUB PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE ACTIONCLUB PLATFORM, SERVICES, CONTENT ON THE ACTIONCLUB PLATFORM AND OTHER MATERIALS ARE PROVIDED BY COMPANY ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT:

(I) THE ACTIONCLUB PLATFORM OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE ACTIONCLUB PLATFORM OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;(II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ACTIONCLUB PLATFORM, SERVICES OR CONTENT ON THE ACTIONCLUB PLATFORM WILL BE EFFECTIVE, ACCURATE OR RELIABLE;(III) THE QUALITY OF THE ACTIONCLUB PLATFORM, SERVICES OR CONTENT ON THE ACTIONCLUB PLATFORM WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE ACTIONCLUB PLATFORM, SERVICES OR CONTENT ON THE ACTIONCLUB PLATFORM WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. COMPANY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE ACTIONCLUB PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE ACTIONCLUB PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

XVI: LIMITATIONS OF LIABILITY

IN NO EVENT SHALL ACTIONCLUB , ITS PROPRIETOR, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF ACTIONCLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE ACTIONCLUB SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ACTIONCLUB SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PLATFORM IS CONTROLLED AND OFFERED BY ACTIONCLUB. ACTIONCLUB MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

XVII. ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by ACTIONCLUB without restriction. Any assignment or transfer by you shall be null and void.

XVIII. ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

This Platform is intended only for adults and that you are eligible to contract as per applicable laws. If you are using/accessing this Platform as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors, i.e. users under 18 years of age, are only allowed to access the Platform with prior approval of their legal guardian. Minors are not allowed to use the Service. Minors under n law cannot enter into any contracts with third parties and hence, cannot transact using the Platform. If you are a minor under law, please refrain from entering into any transaction through the Platform. If you are the legal guardian of a minor, you affirm and acknowledge that you cannot enter into any contract on behalf of a minor and neither can you bind a minor in a transaction. As a legal guardian of a minor, you acknowledge that you are contracting as an independent entity with a third party even if you are doing so at the insistence of a minor.

NOTICE TO MINORS: If you are a minor, please do not send us your personal information, including your email addresses, name, and/or contact information. If you want to contact us, you may only do so through your parent or legal guardian

XIX. GENERAL INFORMATION AND DISPUTE RESOLUTION

These Terms and the other policies posted on the Platform constitute the complete and exclusive understanding and agreement between you and ACTIONCLUB and govern your use of the Services and the Platform superseding all prior understandings, proposals, agreements, negotiations, and discussions between you and ACTIONCLUB , whether written or oral. The Terms and the relationship between you and ACTIONCLUB shall be governed by the laws of . Any claim you may have against ACTIONCLUB shall be resolved by mutual discussions or negotiations between you and ACTIONCLUB . If within fifteen (15) days after commencement of such discussions and negotiations, you and ACTIONCLUB fail to resolve the dispute, then such dispute shall be resolved through arbitration by a sole arbitrator mutually appointed by both you and ACTIONCLUB. The arbitration shall be as per the Arbitration and Conciliation act, 1996. The seat of arbitration shall be Kochi, Kerala, India. The venue of arbitration shall be any mutually agreed location in Kochi, Kerala, India. All proceedings shall be in English. Any dispute that arises in respect of any claim under this agreement shall be subject to the jurisdiction of the courts at Kochi, Kerala only. The failure of ACTIONCLUB to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or inapplicable, you and ACTIONCLUB agree to persuade the court to give effect to the intention of both you and ACTIONCLUB as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. These Terms shall insure to the benefit of and be binding upon the successors and assigns of both you and ACTIONCLUB .

XX. VIOLATION OF TERMS AND LIQUIDATED DAMAGE

Please report any violations of the Terms that you become aware of by contacting us using the link at the bottom of the ACTIONCLUB homepage at www.ACTIONCLUB APP.COM. Any failure to act by ACTIONCLUB with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. You understand and agree that, because damages are often difficult or impossible to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay ACTIONCLUB the following as liquidated damages (and not a penalty):

• If you are a Posting Agent that uses the Service in violation of these Terms, in addition to any liquidated damages under the present terms of use below you agree to pay ACTIONCLUB Rs 10,000/- (Rupees Ten Thousand Only) for each and every item you post in violation of these Terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service, and such party (by engaging the Posting Agent in violation of these Terms) agrees to pay ACTIONCLUB an additional Rs 10,000/- (Rupees Ten Thousand Only) for each item posted by the Posting Agent on behalf of such party in violation of these Terms.
• If you use ACTIONCLUB e-mail addresses or computer systems to send unsolicited e-mail advertisements to ACTIONCLUB e-mail addresses or any other party, you agree to pay ACTIONCLUB Rs 2500/- (Rupees Two Thousand Five Hundred Only) for each such e-mail.
• If you post messages in violation of these Terms, other than as described above, you agree to pay ACTIONCLUB Rs 10,000/- (Rupees Ten Thousand Only) for each such message. Notwithstanding the foregoing, ACTIONCLUB may, in its sole and absolute discretion, issue a warning before assessing damages pursuant to this Section and Terms of Use.
• If you aggregate, copy, display, mirror, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without ACTIONCLUB ’s express written permission, you agree to pay ACTIONCLUB Rs 10,00,000/- (Rupees Ten Lakhs Only) for each day on which you engage in such conduct.
• If none of the foregoing clauses (A) – (D) are applicable, you agree to pay ACTIONCLUB ’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, ACTIONCLUB retains the right to seek equitable remedies, including without limitation, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach or threatened breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof, without the necessity of posting a bond.

XXI. PRIVACY POLICY

• Data Protection under n Law: ACTIONCLUB is responsible for the collection, use, and retention of personal information as applicable under n law.
• Type of Information Collected: When you visit the Platform, we may collect certain non-personal information such as your Internet Protocol (“IP”) address, operating system, browser type, and Internet service provider. This type of information does not identify you personally. When you register with the Platform, we may also collect personal information that you provide such as your name, mailing address, email address, phone/mobile number, your mobile equipment’s IMEI number, home country, zip code, and certain other information. In the event you log in via Facebook depending on your privacy settings, in addition to the above, we may collect your profile picture, list of friends, education, etc. (“Registration Information”). You have the option of also providing to us your fax numbers, gender, age, and/or company name if you choose to register with ACTIONCLUB . The communication may require you to confirm and verify that your account has been used to post the relevant advertisement on the Platform. We may also collect information you directly submit to us such as the make, model, trim, year, and other related specifications of your product or service in order to ensure that the communication you receive is relevant to your purposes. We may also collect additional information that our users provide, such as new or deleted postings, new or deleted comments, keyword searches, scam reports, and new contact sellers. We use a third-party payment gateway for purchases, and other third-party companies to monitor site traffic, which may, in some instances, store your information without any prior intimation to you (see sub-Section D below). By using this Platform or the Service, you consent to the collection, storage, and use of the personal information you provide for any of the services that we offer, and you consent to our collection of any changes or updates that you may provide to any information you provide that is collected by ACTIONCLUB . By using this Platform, you consent to share your geolocation data in order to publish information/advertisements of advertisements offered by users close to your location and vice-versa.
• Cookies: We may use cookies to manage our users’ sessions and to store preferences, tracking information, and language selection. Cookies may be used whether you register with us or not. "Cookies" are small text files transferred by a web server to your hard drive and thereafter stored on your computer. The types of information a cookie collects include the date and time you visited, your browsing history, your preferences, and your username. In some instances, our third-party service providers may use cookies on the Platform. We cannot control or access cookies used by third-party service providers. This Privacy Policy covers only Cookies used by us and not any cookies used by third parties. You have the ability to either accept or decline the use of cookies on your computer, whether you are registered with us or not. Typically, you can configure your browser to not accept cookies. However, declining the use of cookies may limit your access to certain features of the Platform. For example, you may have difficulty logging in or using certain interactive features of the Platform, such as the ACTIONCLUB Forum or Comments feature.
• Third Parties: We use third-party service providers to assist us in measuring purchases and sales on our Platform and generally improving our Platform and monitoring our users’ interests and activities. You hereby authorize ACTIONCLUB and/or third-party service providers engaged by ACTIONCLUB to collect, use, store, analyse, reproduce, publish, and adapt (either on its own or through a third-party service provider) the information in relation to your use of the Platform. for the purpose of data analysis and for improving your experience on the Platform. In addition, the Platform may occasionally contain links to Third-Party Sites or provide you with information in relation to services that you may avail from any third parties. Information about services that you may choose to avail from these third-party service providers may be actively provided to you by ACTIONCLUB in any manner including through its various marketing and communication channels. You acknowledge that this is solely undertaken by ACTIONCLUB to improve your experience in relation to the use of the Platform and the provision of such services shall be subject to such additional terms and conditions of ACTIONCLUB and/or third-party service providers. ACTIONCLUB may also offer for free or for a fee, deliverables produced by third-party service providers in furtherance of any services that you may have availed from these third-party service providers in connection with the advertisement posted on the Platform, without any obligation (monetary or otherwise) towards you. ACTIONCLUB shall not be responsible for any service availed by you from such third parties or any payment made by you to such third parties in connection with the services. Any concern or claims in relation to such services should be directed by you to such third parties only. If you click on the links to Third-Party Websites, you leave the Platform. We are not responsible for the content of these Third-Party Websites or for the security of your personal information when you use the Third-Party Websites. These third-party service providers and Third-Party Sites may have their own privacy policies governing the storage and retention of your personal information that you may be subject to. They may collect information such as your IP address, browser specification, or operating system. This Privacy Policy does not govern personal information provided to, stored on, or used by these third-party providers and Third-Party Sites. We recommend that when you enter a Third-Party Site, you review the Third Party Site’s privacy policy as it relates to safeguarding your personal information. We use third-party advertising companies to serve ads when you visit the Platform. These companies may use information (not including your name, address, email address, or telephone number) about your visits to the Platform and Third-Party Websites in order to provide advertisements about goods and services of interest to you. On the Platform, Google, as a third-party vendor, uses cookies to serve ads. Google’s use of the DoubleClick DART Cookie enables it to serve ads to the Platform’s users based on their visit to the Platform and Third-Party Websites. For more information on the DART Cookie see http://www.google.com/privacy_ads.html. You may opt-out of the use of the DART cookie by Google by visiting the Google Ad and Content Network Privacy Policy at http://www.google.com/privacy_ads.html. By publishing an ad on the Platform, you acknowledge and agree that the Content is public and accessible by any third party and that it may appear in search engine results (such as Yahoo!, MSN, Google, Altavista, and other search engines) and in the cache of those search engines, in feeds and Third-Party Websites pursuant to co-branding agreements, and that it is the sole responsibility of each of those search engines, Third-Party Websites or RSS web feed resources to update and/or to remove Content from their indexes and their cache. You agree and acknowledge that ACTIONCLUB is not liable for the information published in search results or by any Third-Party Website that carries ACTIONCLUB postings.
• Select Partners: At ACTIONCLUB , we value your privacy and are committed to safeguarding your personal information. By using our Services, you acknowledge, authorize, consent and agree that we may share your data with select partners in the course of our business.. These select partners may use your information (being your contact information, details of the car to be sold or bought) to deliver services tailored to your preferences and interests. We only collaborate with other legally compliant entities that use your data solely for the purpose of providing you with relevant offers and services. We recommend you evaluate their Privacy Policy for further information on how your data would be used by such entities. You retain the option to opt out of receiving such tailored services by contacting our customer support team/Grievance Officer. By continuing to use our services, you consent to the sharing of your data with our select partners for the purpose of receiving such personalized communications. We continuously strive to ensure that your personal information is handled responsibly and in line with your expectations. Please review our full Privacy Policy for detailed information on how we collect, use, and protect your data.
• How Your Information is Used: We may use the information provided by you to: (i) enforce our Terms of Use, monitor user activity, such as keyword searches or new postings, and more effectively manage traffic on the Platform; (ii) provide customer services, create and manage user accounts; and (iii) assist you with technical difficulties. Also, we may share with third-party service providers certain information, such as your browser capabilities or operating system, that we have collected in order to better understand which advertisements and services may interest you. We may also share your contact information and details of your product and services with our select partners to deliver relevant personalised services. We may block users located in certain countries from using the Platform. We may retain such information for as long as is required to fulfil our business objective, even after your account is terminated.
• Protecting Your Personal Information: You are a valued customer, and we recognize that protecting your privacy is important to you. For this reason, we are committed to protecting the personal information you provide in a variety of ways. We do not directly process any payments and do not store your credit card information. Secured socket layer ("SSL") technology is used for processing payment transactions with third-party service provider partners, such as PayU, PayPal, and DineroMail. Your Registration Information may be protected by a unique customer password and user ID. You should not disclose your password information to anyone and you should always remember to log off if using a shared computer. Lastly, you may utilize the Platform as an anonymous user by not registering. We have taken certain security protections in safeguarding your personal information. However, as with most electronic transactions, no method is 100% safe. While we strive to use a commercially acceptable means to protect the personal information you provide, we cannot guarantee its security. Therefore, you acknowledge and agree that we assume no liability regarding the theft, loss, alteration or misuse of personal or other information or Content, including, without limitation, such information that has been provided to third parties or other users, or with regards to the failure of a third party to abide by the agreement between us and such third party. You may participate in our Forum or utilize our Comments feature. For postings to the Forum, your username will be posted. For postings using the Comments feature, your name and email will only be posted if you provide it in the comment. We strongly discourage posting any information on these features or in any Content posted by you that you do not want others to see. You agree that you are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use.
• Accessing and Modifying Personal Information and Communication Preferences: You may access, remove, review, and/or make changes to the personal information that you have provided to us via the Contact Support form. You need not register in order to post or respond to advertisements on the Platform. If you register or respond to advertisements or posts on the Platform or post any content on the Platform, we may send you certain notifications, advertisements, promotions, surveys, text messages, specials, and phone calls in relation to the Services. We may also send you any legally required notifications and certain notifications, including but not limited to, service-related notices or notices regarding a change to any of our policies. For example, we may send you a notice regarding server problems or scheduled maintenance to the Platform. In order to opt-out of receiving these notices, you may need to deactivate your account. You can opt-out of certain e-mail communications from us, including our newsletters, advice on buying and selling on the Platform, notifications that a user has commented on your posting, and notifications that you can refresh your posting. We will not change your preferences without your consent. You cannot opt-out of receiving transactional communications from ACTIONCLUB related to your account.
• Disclosures: On rare occasions, we may be required to disclose your personal information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your personal information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, subpoenas, service of process requirements, or discovery requests. We may also disclose information about our users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce these Terms and/or Privacy Policy; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of ACTIONCLUB , our users or the general public; or we are in notice of any criminal activity being conducted via the Platform. You agree and acknowledge that we may not inform you prior to or after disclosures made according to this section. If substantially all of our assets are sold or merged into another company, the acquiring company shall be given access to your personal information without your consent. If we sell only a part of our business, the acquiring entity shall have access to your personal information without your consent and we may send you a notice regarding this sale.
• Notification of Changes: We reserve the right to change these Terms from time to time, and at our sole discretion without any prior intimation to You. We may, at our sole discretion, send you a notice regarding material changes to these Terms, including the Privacy Policy or the Platform. You should make note of the "last updated date" at the beginning of the Terms. With this information, you should be able to identify if the Terms have been updated recently.
• Disputes: Any and all disputes regarding your privacy are subject to these Terms, the Privacy Policy and the laws of .
• How to Contact Us: If you have questions about this Privacy Policy, please contact ACTIONCLUB via the Contact Support form.
• RELATIONSHIP WITH OPERATORS:

In the event the ACTIONCLUB Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, or Android (each being an “Operator”).

Your download, installation, access to or use of the ACTIONCLUB Platform is also bound by the terms and conditions of the Operator.

You acknowledge that these Terms of Use are concluded between you and ACTIONCLUB only, and not with an Operator, and we, not those Operators, are solely responsible for the ACTIONCLUB Platform and the content thereof to the extent specified in these Terms of Use.

The license granted to you for the ACTIONCLUB Platform is limited to a non-transferable license to use the ACTIONCLUB Platform on a mobile device that you own or control and as permitted by these Terms of Use.

We are solely responsible for providing any maintenance and support services with respect to the ACTIONCLUB Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the ACTIONCLUB Platform.

You and we acknowledge that, in the event of any third party claim that the ACTIONCLUB Platform or your use of the ACTIONCLUB Platform infringes that third party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You must comply with any applicable third party terms of agreement when using the ACTIONCLUB Platform (e.g. you must ensure that your use of the ACTIONCLUB Platform is not in violation of your mobile device agreement or any wireless data service agreement).

You and we acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

XXIII. GST DETAILS

Company may render the said services through its various branches located across and in consideration of such services, Company can also raise the invoice from the respective branch from which the support/service is rendered or where the relevant contract manager or relationship team is located.

XXIV. GRIEVANCE OFFICE

If you have any grievance with respect to the Platform or the Service, you can contact our grievance officer at:

Email: hello@actionclubapp.com