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GAJAB.COM - TERMS OF USE

Effective Date: April 10, 2025

Last Updated: April 10, 2025

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PLATFORM. YOUR USE OF THE PLATFORM CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.

1. INTRODUCTION & ACCEPTANCE OF TERMS

1.1. Welcome to Gajab.com. The website [www.gajab.com] and any associated mobile applications or sites (collectively, the "Platform") are owned and operated by Aeliya Technologies Private Limited, a private limited company incorporated under the Companies Act, 2013, with its registered office at 401, Town Centre 2, 127, Andheri - Kurla Rd, Mittal Industrial Estate, Marol, Andheri East, Mumbai 400059, Maharashtra, India, bearing Corporate Identity Number (CIN) U47912MH2025PTC439579 (hereinafter referred to as the "Company", "We", "Us", or "Our").

1.2. These Terms of Use (the "Terms"), together with Our Privacy Policy, Fees Policy (coming soon), Product Listing Policy (coming soon), Prohibited and Restricted Items Policy (coming soon), Intellectual Property Policy (coming soon), and any other policies, guidelines, or rules referenced herein or published on the Platform from time to time (collectively, the "Agreements"), govern Your access to and use of the Platform and the Services offered thereon.

1.3. These Terms constitute a legally binding electronic record within the meaning of the Information Technology Act, 2000 and rules thereunder, as applicable and amended. These Terms are generated by a computer system and do not require any physical or digital signatures.

1.4. By accessing, Browse, registering on, or using the Platform or Services in any manner, You signify Your unconditional agreement to be bound by all terms and conditions of the Agreements. You will be required to explicitly accept these Terms and the Privacy Policy via a clickwrap mechanism during the Account registration process. If You do not agree to these Terms or any part of the Agreements, You must not access or use the Platform or Services.

2. DEFINITIONS

Unless the context otherwise requires, the following terms shall have the meanings ascribed to them below:

2.1. "Account" means the unique access profile created when a User registers on the Platform by providing required information and authenticating via credentials (such as One-Time Passwords sent to registered mobile number or email address), granting access to features and Services unavailable to unregistered Users.

2.2. "Buyer" means a User who holds an Account and purchases, attempts to purchase, or expresses interest in purchasing any goods or services through the Platform.

2.3. "Company," "We," "Us," "Our" means Aeliya Technologies Private Limited, as described in Clause 1.1.

2.4. "Content" means Platform Content and User Content collectively.

2.5. "Platform" means the website [www.gajab.com], associated mobile sites, mobile applications, and other online properties owned and operated by the Company offering the Services.

2.6. "Platform Content" means all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, design, structure, selection coordination, expression, "look and feel," and arrangement of Content on the Platform that originates from or is owned by the Company or its licensors.

2.7. "Seller" means a User who holds an Account and lists, offers for sale, or sells any goods or services through the Platform. Sellers are also subject to the Seller Agreement.

2.8. "Services" means the provision and operation of the online Platform by the Company that facilitates Users to connect, list, advertise, offer, sell, and purchase goods directly with each other. This includes enabling transaction facilitation, providing communication tools, offering information access, account management features, and any other functionalities, features, or tools offered by the Company via the Platform from time to time.

2.9. "Terms" means these Terms of Use, as amended from time to time.

2.10. "User," "You," "Your" means any natural or legal person who accesses, browses, registers on, or uses the Platform or Services in any manner, including but not limited to Buyers, Sellers, and unregistered visitors.

2.11. "User Content" means any content or information that originates from a User and is submitted, posted, displayed, transmitted, or otherwise made available on or through the Platform, including but not limited to product listings (descriptions, images, prices), reviews, ratings, comments, messages, and profile information.

3. SCOPE OF SERVICES & PLATFORM ROLE AS AN INTERMEDIARY

3.1. You agree, understand, and acknowledge that the Platform is an online marketplace and the Company provides Services solely to act as a facilitator, providing a venue for Users (Sellers and Buyers) to interact and transact directly with each other for the sale and purchase of goods and services.

3.2. The Company explicitly functions as an "intermediary" as defined under India's Information Technology Act, 2000 and the rules framed thereunder (including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021). As such, the Company avails itself of the safe harbour protections and limitations of liability applicable to intermediaries under Section 79 of the Information Technology Act, 2000, subject to compliance with applicable legal requirements.

3.3. Any contract for the sale of goods or services on the Platform is a strictly bipartite contract between the relevant Seller and Buyer. The Company is not a party to such contract, does not gain title to or ownership of any items listed or sold on the Platform at any stage, and assumes no liability or obligations arising out of or in connection with such bipartite contracts between Users.

3.4. Without limiting the generality of the foregoing, the Company is not involved in and does not control:

(a) The setting of prices, shipping terms, payment terms, return policies (except providing a framework/policy for users), warranty terms, or other conditions of sale between the Buyer and Seller;

(b) The quality, safety, legality, or existence of the items listed or sold by Sellers;

(d) The ability of Sellers to sell items or Buyers to pay for items;

(e) The handling, inspection, storage, or delivery of items sold (unless specific logistics services are explicitly offered by the Company under separate terms);

(f) Any direct handling of returns or warranties related to products sold by Sellers (though the Company may provide a dispute resolution facilitation process as outlined herein);

(g) The endorsement, recommendation, or verification of any User, User Content, or item listed on the Platform.

(h) As under the provison of Section Section 79(2)(b) of the IT Act, the Company does not initiate the transmission, select the receiver, or select or modify the information in user transmissions.

4. USER ELIGIBILITY & ACCOUNT REGISTRATION

4.1. Use of the Platform and registration for an Account is available only to persons who are at least 18 years of age and are capable of forming legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including minors (persons under 18 years of age), undischarged insolvents, etc., are not eligible to use the Platform or register for an Account.

4.2. Use of the Platform by minors is strictly prohibited unless such use is made under the direct supervision, guidance, and registered Account of their parent or legal guardian who agrees to be bound by these Terms. In such cases, the parent or legal guardian shall be deemed the User and shall be solely responsible and liable for all activities conducted by the minor under their Account. The Company reserves the right to terminate any Account if it is discovered that the User is under 18 years of age and not operating under the direct supervision and responsibility of a parent or legal guardian account holder.

4.3. To access certain Services, including buying or selling, You must register for an Account. You agree:

(a) To provide true, accurate, current, and complete information about Yourself as prompted by the Platform's registration form ("Registration Data").

(b) To maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform or Services (or any portion thereof).

(c) You are solely responsible for securing access to the mobile number and/or email address registered with Your Account, as these are used for authentication via One-Time Passwords (OTPs).

(d) You are solely responsible for maintaining the confidentiality and security of any OTPs You receive for accessing Your Account.

(e) You are solely responsible and liable for all activities that occur under Your Account, whether or not authorized by You.

(f) You agree to immediately notify the Company at Contact Us of any suspected or actual unauthorized use of Your Account, or any compromise of Your registered mobile number or email account, or any other breach of security.

(g) The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with these requirements, including any loss or damage arising from Your failure to secure Your OTP access methods or OTPs themselves.

5. PLATFORM USE & USER CONDUCT

5.1. You agree to use the Platform and Services only for purposes that are permitted by these Terms and in compliance with all applicable laws and regulations.

5.2. You agree not to host, display, upload, modify, publish, transmit, store, update or share any information (including User Content) that:

(a) belongs to another person and to which the User does not have any right;

(b) is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy (including bodily privacy), insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

(d) infringes any patent, trademark, copyright or other proprietary rights;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee about the origin15 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;

(g) impersonates another person;

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

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

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

(Note: The above list directly mirrors Rule 3(1)(b) of the IT Rules, 2021).

5.3. In addition to the above, You agree not to engage in any of the following prohibited activities:

(a) Listing, offering for sale, or dealing in any item that is prohibited or restricted under applicable law or under the Company's Prohibited and Restricted Items Policy (coming soon). This includes, but is not limited to, items such as illegal narcotics, firearms and ammunition (where prohibited), counterfeit goods, stolen property, hazardous materials, and items infringing intellectual property rights.

(b) Manipulating the price of any item or interfering with other Users' listings.

(d) Manipulating or attempting to manipulate the feedback or rating system.

(e) Distributing or posting spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.

(f) Using any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access the Platform or Services for any purpose without the Company's express written permission.

(g) Interfering or attempting to interfere with the proper working of the Platform or Services, or any activities conducted on or with the Platform or Services.

(h) Bypassing any measures the Company may use to prevent or restrict access to the Platform or Services.

(i) Harvesting or otherwise collecting information about Users, including email addresses, without their consent.

(j) Transmitting any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

(k) Using the Platform or Services for any fraudulent or unlawful purpose.

5.4. The list of prohibitions in Clauses 5.2 and 5.3 is illustrative and not exhaustive. You agree generally not to use the Platform or Services in any manner that is unlawful, unethical, harmful, or otherwise violates these Terms, harms the Company, other Users, or third parties, or brings the Platform into disrepute.

5.5. You agree to comply strictly with all applicable laws, regulations, statutes, ordinances, and rules of India and any applicable international laws regarding Your use of the Platform and Services. This includes, without limitation, laws related to e-commerce, consumer protection, intellectual property, data privacy and protection, taxation (including GST, income tax), foreign exchange management (FEMA), prevention of money laundering, legal metrology (weights and measures, packaged commodities), and any other applicable rules or guidelines.

5.6. The Company reserves the right, but has no obligation, to:

(a) Monitor access to or use of the Platform and any Content.

(b) Investigate suspected violations of these Terms or applicable law.

(d) Take appropriate action in its sole discretion in response to violations, which may include (without limitation) removing or disabling access to Content, issuing warnings, restricting Account privileges, suspending or terminating User Accounts, or taking other actions described herein expeditiously upon receiving actual knowledge via an order from a court or notification from the Appropriate Government identifying such information as unlawful withing 36 hours This is without prejudice to the Company's rights and obligations under applicable law, including the Information Technology Act, 2000 and its rules regarding the removal of content upon receiving appropriate notice or court orders.

(e)

6. CONTENT

6.1. Platform Content: All Platform Content is the property of the Company or its licensors and is protected by Indian and international intellectual property laws. You agree not to copy, reproduce, modify, distribute, display, perform, or create derivative works from any Platform Content without the express prior written consent of the Company or the applicable licensor.

6.2. User Content Ownership: You retain ownership of, and all intellectual property rights in, the User Content that You create and submit, post, or display on or through the Platform. The Company explicitly disclaims any ownership rights in Your User Content.

6.3. License Grant for User Content: By submitting, posting, or displaying User Content on or through the Platform, You grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable right and license to use, host, store, reproduce, modify (e.g., for formatting, technical adaptations, translations), adapt, publish, publicly perform, publicly display, distribute, and create derivative works from such User Content (in whole or in part). This license is granted solely for the purposes of operating, providing, developing, improving, marketing, and promoting the Platform and Services, and to enable the Company to exercise the rights You grant in these Terms. This license continues even if You stop using the Platform or Services with respect to aggregated and anonymized data derived from Your User Content and any residual backup copies made in the ordinary course of business.

6.4. User Responsibility for User Content: You are solely responsible for all User Content that You submit, post, upload, or otherwise make available on the Platform. You represent and warrant that:

(a) You either own the User Content or have obtained all necessary rights, licenses, consents, and permissions to grant the license set forth in Clause 6.3 to the Company.

(b) Your User Content is accurate, complete, current, and lawful.

(c) Your User Content does not violate these Terms, any applicable laws, or any Company policies (including the Prohibited and Restricted Items Policy (coming soon)).

(d) Your User Content does not and will not infringe upon, misappropriate, or violate any third party's rights, including intellectual property rights (copyright, trademark, patent, design rights), privacy rights, publicity rights, confidentiality obligations, or contractual rights.

6.5. Company Disclaimer for User Content: The Platform contains User Content provided by Users over whom the Company has limited control. You acknowledge and agree that the Company does not create, generate, initiate the transmission of, select the receiver of the transmission of, select or modify the information contained in the transmission of, endorse, guarantee, or take responsibility for the accuracy, completeness, legality, quality, safety, reliability, or usefulness of any User Content. Any reliance by You on User Content is solely at Your own risk. The Company reiterates its role as an intermediary merely providing the venue for User Content. The Company expressly disclaims all liability for any loss or damage arising from or related to any User Content, to the maximum extent permitted by law.

7. LISTING POLICIES

7.1. Accuracy and Completeness: As a Seller, You are solely responsible for the accuracy, completeness, and truthfulness of all information provided in Your product listings. This includes, but is not limited to, descriptions, specifications, images, condition (new, used, refurbished), price, shipping information, and compliance with all applicable disclosure laws, such as the Legal Metrology (Packaged Commodities) Rules, 2011 (requiring MRP, country of origin, manufacturer/importer details, net quantity, etc., as applicable) and all requirements under the Consumer Protection (E-commerce) Rules, 2020, regarding mandatory declarations. You represent and warrant that all information in Your listings is true, accurate, current, complete, and not misleading.

7.2. Prohibited Listings: You are strictly prohibited from listing or selling any items that are illegal, counterfeit, infringing, hazardous, unsafe, recalled, restricted, or otherwise violate Gajab.com's Prohibited and Restricted Items Policy (coming soon). This includes, but is not limited to, items such as illegal narcotics and drug paraphernalia, firearms and certain weapons (subject to applicable law and policy), counterfeit or replica goods, stolen property, hazardous materials, government-issued documents, and items subject to specific regulatory bans or restrictions. You must comply fully with the Prohibited and Restricted Items Policy (coming soon), which forms part of these Terms. The full, detailed, and binding list of prohibited and restricted items is found in that policy.

7.3. Intellectual Property: You are strictly prohibited from listing any items that infringe upon any third party's intellectual property rights, including copyright, trademark, patent, design rights, or other proprietary rights. You represent and warrant that You have all necessary rights, licenses, or authorizations to sell the products You list and that the content used in Your listing (including text, images, logos) does not infringe upon any third-party intellectual property rights. You agree not to list counterfeit items or unauthorized replicas. The Company's Intellectual Property Policy (coming soon) provides further details, including how rights holders can report infringement.

(Further detailed listing requirements might be in a separate Listing Policy document referenced here).

8. FEES AND PAYMENTS

8.1. Fees: Joining Gajab.com and Browse listings is generally free. However, the Company charges fees for using certain Services, particularly for Sellers listing and selling items. All applicable fees are described in the Company's Fees Policy / Fee Schedule (coming soon), which is incorporated by reference into these Terms. You are responsible for reviewing the applicable Fees Policy/Schedule and paying all fees and applicable taxes associated with Your use of the Services and Your Account in a timely manner. Unless explicitly stated otherwise in the Company's Fees Policy / Fee Schedule or required by applicable law, all fees charged by the Company for its Services and paid by You are non-refundable.

8.2. Changes to Fees: The Company reserves the right to change its Fees Policy/Schedule from time to time. The Company will provide You with reasonable advance notice of Thirty (30) days of any material changes to the fees by posting such changes on the Platform or via other communication methods (such as email). Non-material changes may become effective immediately upon posting. Your continued use of the Services after the effective date of the fee changes constitutes Your acceptance of such changes.

8.3. Payment Processing and Payouts:

(a) Buyers will make payments for items purchased on the Platform through integrated third-party payment service providers or payment gateways ("Payment Gateways") made available by the Company. You agree to comply with the terms and conditions of such Payment Gateways.

(b) The Company facilitates this payment process. Upon successful completion of a transaction (typically determined by factors such as confirmation of delivery to the Buyer, subject to return periods or dispute outcomes as per applicable policies), the transaction amount paid by the Buyer, less any applicable Company fees (e.g., final value fees/commissions, transaction fees) as detailed in the Fees Policy/Schedule, will be remitted to the Seller's designated bank account provided during registration or as updated in the Account settings.

(c) Payouts to Sellers will be processed according to the payout schedule specified in the Fees Policy/Schedule or related payment terms (e.g., within [X] business days after confirmation of eligibility for payout).

(d) The Company relies on third-party Payment Gateways and banking partners for processing payments and payouts. The Company shall not be liable for any delays, failures, or errors in payment processing or payouts caused by these third parties, banks, or incorrect bank account information provided by the Seller. The Company's role is limited to facilitating these transactions. Transactions shall comply with the Payment and Settlement Systems Act, 2007 and relevant RBI guidelines.

8.4. Taxes:

(a) All fees charged by the Company for its Services are exclusive of applicable taxes, including Goods and Services Tax (GST). Applicable GST will be charged additionally on the fees invoiced to You (primarily Sellers) as required by Indian law.

(b) You (especially Sellers) are solely responsible for identifying, determining, collecting, reporting, and remitting all applicable taxes (including, but not limited to, GST on Your sales, income tax, and any other taxes, duties, or levies) associated with Your activities, listings, and sales transactions conducted through the Platform.

(c) The Company may be required by law (e.g., under Section 52 of the Central Goods and Services Tax Act, 2017) to collect Tax at Source (TCS) at the applicable rate on the net value of taxable supplies made by Sellers (who are required to be registered under GST) through the Platform and remit such TCS to the government. You agree to provide necessary information (like Your GSTIN) and cooperate with the Company to ensure compliance with these TCS provisions. The Company will provide details of TCS collected as required by law.

(d) The Company assumes no responsibility for Your tax liabilities or Your compliance with tax laws. You should consult Your own tax advisor for guidance.

8.5. Consequences of Non-Payment: If Your Account has overdue fees or amounts owed to the Company, the Company reserves the right, without limiting any other rights or remedies, to take one or more of the following actions:

(a) Issue warnings regarding the overdue amount.

(b) Restrict or limit Your Account privileges, including preventing new listings or other activities.

(d) Charge late fees and/or interest on the overdue amounts, to the extent permitted by applicable law.

(e) Utilize collection mechanisms, including charging payment methods associated with Your Account, retaining collection agencies, or pursuing legal action through legal counsel.

(f) Set off the overdue amount against any funds payable by the Company to You (e.g., pending payouts from sales proceeds).

(g) Terminate Your Account in accordance with Section 11 (Termination and Suspension).

9. DISPUTE RESOLUTION

9.1. Disputes Between Users (Buyer-Seller):

(a) Users (Buyers and Sellers) agree to first attempt to resolve any disputes arising from transactions on the Platform (e.g., regarding item condition, delivery, returns) directly with each other using the communication tools provided by Gajab.com for a reasonable period (e.g., [Specify period, e.g., 7 days]).

(b) If the dispute remains unresolved after direct negotiation, either User may escalate the dispute to Gajab.com through the designated dispute resolution process on the Platform.

(c) Upon escalation, Users agree to cooperate fully with Gajab.com's investigation, providing timely and accurate information and evidence (e.g., photos, tracking details, communications) as requested.

(d) Gajab.com will review the dispute based on the evidence provided by both parties and the applicable Company policies (e.g., Return Policy, Listing Policy, these Terms). Gajab.com will then issue a decision regarding the dispute.

(e) Users agree that Gajab.com's decision under Clause 9.1(d) shall be final and binding as between the Buyer and the Seller regarding the resolution of the transaction dispute on the Platform (whether a refund is due or when return is required).through the Platform's designated dispute resolution process. This decision does not constitute a legal judgment or prejudice the right of either User to pursue independent legal remedies against the other User.

(f) If a User is aggrieved by Gajab.com's decision under Clause 9.1(d), they must first file a formal grievance with the designated Grievance Officer of Gajab.com as per the process outlined in Clause 9.3 below, within 15of the decision.

(g) If the User remains dissatisfied after the Grievance Officer's process, the dispute concerning Gajab.com's decision shall be resolved through Binding Arbitration as outlined in Clause 9.2 below.

9.2. Disputes Between User and Company:

(a) If a User has a dispute or claim directly against the Company (Aeliya Technologies Private Limited) arising out of or relating to these Terms, the Platform, or the Services (excluding disputes covered under Clause 9.1(f) which also follow this path after the Grievance Officer step), the User must first file a formal grievance with the designated Grievance Officer of Gajab.com as per the process outlined in Clause 9.3 below.

(b) If the dispute remains unresolved after the Grievance Officer's process (i.e., the User is dissatisfied with the resolution or receives no response within the mandated timeframe), the dispute shall be referred to and finally resolved by binding arbitration.

(c) The arbitration shall be conducted in Mumbai, India and administered in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration shall be conducted by a sole arbitrator appointed mutually by the parties, or failing agreement, appointed in accordance with the Act. The language of the arbitration shall be English. The arbitral award shall be final and binding on the parties.

9.3. Grievance Redressal Mechanism:

(a) In compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the Consumer Protection (E-commerce) Rules, 2020, the Company has appointed a Grievance Officer.

(b) Users with grievances related to these Terms, the Platform, Services, User Content, actions taken by the Company, or decisions made under Clause 9.1(d) must first submit their grievance electronically to the Grievance Officer with all relevant details.

* Name: Ravi Patel

* Email: ravipatel@gajab.com

* Contact: +91 84879 77366

(Note: Ensure these details are kept updated on the Platform as well).

(d) The Grievance Officer shall acknowledge the complaint within twenty-four (24) hours and dispose of such complaint within a period of fifteen (15) days from the date of its receipt, unless a different timeline is mandated by law for specific types of complaints.

(e) Users must exhaust this internal grievance redressal mechanism before initiating arbitration as per Clause 9.1(g) or 9.2(b), or approaching any other legal forum (subject to non-waivable statutory rights like approaching Consumer Forums).

9.4. Governing Law and Jurisdiction:

(a) These Terms of Use and the relationship between the User and the Company shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law principles.

(b) Subject to the binding arbitration provisions in Clauses 9.1(g) and 9.2, the parties agree that the courts located in Mumbai, India shall have exclusive jurisdiction over any disputes arising out of or relating to these Terms or the User's relationship with the Company. Users irrevocably consent to the personal jurisdiction of the courts located in Mumbai for such purpose. This choice of jurisdiction does not prevent consumers from seeking redressal under the Consumer Protection Act, 2019 in appropriate consumer forums where permitted by law.

10. TERMINATION AND SUSPENSION

10.1. Termination/Suspension by Company: The Company reserves the right, in its sole discretion, to limit, suspend, or terminate Your Account immediately, and potentially without prior notice where warranted by factors listed below. Similary, the company reserves this right to suspend or terminate your access to the Platform and Services immediately, without prior notice or liability, for any reason, including but not limited to:

(a) Your breach or violation of these Terms or any incorporated Agreements or policies.

(b) Your failure to pay fees owed to the Company when due.

(d) Your engagement in fraudulent, illegal, deceptive, harassing, or harmful activities.

(e) Provision of false, inaccurate, outdated, or incomplete Registration Data or other information.

(f) If Your actions create risk or potential legal liability for the Company, other Users, or third parties.

(g) Extended periods of inactivity associated with Your Account for a period of 06 consecutive months.

(h) If the Company believes in good faith that termination or suspension is necessary to protect the security or integrity of the Platform, the Company, or its Users.

(i) Any event that constitutes a matrial breach of this Poilcy

(i) Any other conduct that the Company, in its sole discretion, deems harmful, inappropriate, or disruptive.

10.2. Termination by User: You may terminate Your agreement to these Terms and close Your Account at any time, provided You have no outstanding obligations (including unpaid fees or pending transactions that cannot be cancelled). You can typically do this by following the instructions within Your Account settings on the Platform or by contacting Gajab.com Customer Support and requesting account closure. Account closure is subject to verification and completion of any outstanding matters.

10.3. Consequences of Termination: Upon termination or suspension of Your Account for any reason:

(a) Your right to access and use the Platform and Services shall cease immediately.

(b) The Company reserves the right, subject to applicable law (including data retention requirements) and the Privacy Policy, to delete Your Account information, history, and associated User Content. Some data may be retained for legal, regulatory, or compliance purposes.

(d) Termination shall not relieve You of any obligations arising or accruing prior to termination or limit any liability You may have to the Company or any third party.

(e) The Company retains the right, even after termination, to set off any outstanding dues owed by You against any funds that might otherwise be payable to You by the Company.

(f) Termination does not prevent the Company from pursuing any legal remedies, including legal action, to recover outstanding dues or seek damages for breaches occurring prior to termination.

(g) The following Sections/Clauses of these Terms shall survive any termination or expiration: Clause 2 (Definitions, as applicable), Clause 3 (Scope of Services & Intermediary Role), Clause 6 (Content - particularly 6.2 Ownership, 6.3 License Grant persistence as described, 6.4 User Responsibility, 6.5 Company Disclaimer), Clause 8 (Fees and Payments - particularly regarding owed fees and taxes), Clause 9 (Dispute Resolution, Governing Law & Jurisdiction), Clause 10.3 (Consequences of Termination), Clause 11 (Disclaimers of Warranties), Clause 12 (Limitation of Liability), Clause 13 (Indemnity), and Clause 14 (Miscellaneous Provisions).

11. DISCLAIMERS OF WARRANTIES

11.1. THE PLATFORM AND SERVICES ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS.

11.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY (INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND LICENSORS) EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, RELIABILITY,OR TIMELINESS OF INFORMATION (WHETHER PLATFORM CONTENT OR USER CONTENT)AND NON-INFRINGEMENT. THE COMPANYFURTHER EXPRESSLY DISCLAIMS ANY WARRANTIES OR LIABILITY REGARDING THE CONDUCT, ACTIONS, OR OMISSIONS OF ANY USER

11.3. THE COMPANY MAKES NO WARRANTY THAT: (a) THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS (AS THESE ARE PROVIDED BY THIRD-PARTY SELLERS); OR (e) ANY ERRORS IN THE PLATFORM OR SOFTWARE WILL BE CORRECTED.

11.4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

11.5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

(Note: These disclaimers are subject to non-excludable rights You may have under applicable law, including the Consumer Protection Act, 2019).

12. LIMITATION OF LIABILITY

12.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY (INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND LICENSORS) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM OR SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY (INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND LICENSORS) TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, SHALL IN NO EVENT EXCEED THE GREATER OF:

(a) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO THE COMPANY (IF ANY) DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE; OR

(b) INDIAN RUPEES FIVE THOUSAND (INR 5,000).

12.3. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 12 APPLY EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW. THEY DO NOT, HOWEVER, LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (SUCH AS LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE BY THE COMPANY, OR AS OTHERWISE MANDATED BY THE CONSUMER PROTECTION ACT, 2019 WHERE APPLICABLE AND NON-EXCLUDABLE). THIS LIMITATION APPLIES, WITHOUT LIMITATION, TO LIABILITY ALLEGEDLY ARISING FROM ANY USER CONTENT OR THE ACTIONS OR OMISSIONS OF ANY OTHER USERS

13. INDEMNITY

13.1. You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, losses, liabilities, damages, obligations, costs, debts, and expenses (including reasonable attorneys'/legal fees and costs), fines, and penalties of whatever nature, incurred by the Indemnified Parties arising out of or related to:

(a) Your access to or use of the Platform and Services;

(b) Your breach or violation of any term of these Terms of Use or any incorporated Agreements or policies;

(c) Your User Content, including any claim that Your User Content caused damage or loss to a third party or infringes any third-party rights;

(d) Your violation of any applicable law, rule, or regulation;

(e) Your violation of any rights of any third party, including without limitation any intellectual property right, privacy right, publicity right, or property right;

(f) Any dispute, issue, or transaction between You and any third party (including other Users of the Platform);

(g) Any taxes, duties, or levies arising from Your activities on the Platform (including, for Sellers, taxes related to sales).

13.2. The Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Company, and You agree to cooperate with the Company's defense of these claims.You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

14. MODIFICATION OF TERMS

14.1. The Company reserves the right, in its sole discretion, to modify, amend, or replace these Terms (and any incorporated Agreements or policies) at any time.

14.2. The Company will provide reasonable advance notice of any material changes to these Terms. Such notice may be provided by posting a notification on the Platform, sending an email to Your registered email address, or through other appropriate means. The notice will specify the date on which the changes will become effective . Non-material changes (such as clarifications, corrections, or minor updates) may become effective immediately upon posting on the Platform without specific advance notice, and the "Last Updated" date at the top of these Terms will be revised.

14.3. You are responsible for regularly reviewing these Terms and any notified changes. Your continued access to or use of the Platform or Services after the modified Terms have become effective constitutes Your binding acceptance of the revised Terms.

14.4. If You do not agree to the modified Terms, Your sole recourse is to stop using the Platform and Services and terminate Your Account in accordance with Clause 10.2.

15. MISCELLANEOUS PROVISIONS

15.1. Severability: If any provision, or part of a provision, of these Terms is determined by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable, then (i) that provision or part-provision shall, to the minimum extent necessary, be deemed modified to make it valid, legal, and enforceable; (ii) if such modification is not possible, the relevant provision or part-provision shall be deemed deleted; and (iii) any modification to or deletion of a provision or part-provision under this clause shall not affect the validity, legality, and enforceability of the rest of these Terms, which shall continue in full force and effect.

15.2. Waiver: The failure or delay by either party (Company or User) to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Any waiver of any provision of these Terms will be effective only if in writing and signed by the party granting the waiver. The single or partial exercise of any right or remedy shall not prevent or restrict the further exercise of that or any other right or remedy.

15.3. Entire Agreement: These Terms of Use, together with the Privacy Policy, Fees Policy / Fee Schedule, Product Listing Policy, Prohibited and Restricted Items Policy, Intellectual Property Policy, and any other policies, guidelines, rules, or agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between the Company and You regarding Your use of the Platform and Services. This agreement supersedes and replaces any and all prior oral or written understandings, communications, or agreements between the Company and You regarding the subject matter herein.

15.4. Assignment: You may not assign, transfer, delegate, or sublicense any of Your rights or obligations under these Terms (including Your Account) without the prior written consent of the Company. Any attempted assignment or transfer in violation of the foregoing will be null and void. The Company may freely assign, transfer, delegate, or sublicense its rights and obligations under these Terms, in whole or in part, without restriction or notice to You, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets related to the Platform. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

15.5. Force Majeure: Neither party shall be held liable for any failure or delay in performance of its obligations under these Terms (excluding payment obligations, unless payment systems are broadly unavailable) if such failure or delay is caused by a "Force Majeure Event," meaning an event beyond the reasonable control of the affected party. Such events include, but are not limited to: acts of God (fire, flood, earthquake, storm, epidemic, pandemic); war, terrorism, riots, civil unrest; acts of government (laws, regulations, orders, embargoes); strikes or labor disputes (excluding the party's own workforce); or significant failures of essential third-party infrastructure (power grid, internet backbone, telecommunication networks). The party affected by the Force Majeure Event shall provide prompt notice to the other party and use reasonable efforts to mitigate the effects and resume performance as soon as practicable. If a Force Majeure Event prevents performance for a continuous period exceeding [e.g., 60 days], either party may terminate this agreement upon written notice to the other.

15.6. Notices:

(a) To User: Notices from the Company to You may be provided via email to Your registered email address, by posting notifications on the Platform, or by mail to the address associated with Your Account. Notices sent via email or posted on the Platform shall be deemed received at the time they are sent or posted.

(b) To Company: Official legal notices from You to the Company related to these Terms must be sent either (i) via email to the designated legal email address: legal@gajab.com OR (ii) via registered or certified postal mail (postage prepaid, return receipt requested) to the Company's registered office address: Aeliya Technologies Private Limited, 401, Town Centre 2, 127, Andheri - Kurla Rd, Mittal Industrial Estate, Marol, Andheri East, Mumbai 400059, Maharashtra, India, Attn: Legal Department. Notices sent to the Company shall be deemed received only upon actual receipt by the Company. Routine communications regarding customer support should be directed through standard support channels.

15.7. Grievance Officer: In accordance with the Information Technology Act, 2000 and the rules made thereunder, and the Consumer Protection (E-commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

* Name: Ravi Patel

* Email: ravipatel@gajab.com

* Contact: +91 84879 77366

(Please refer to Clause 9.3 for the Grievance Redressal Mechanism).

15.8. Relationship of Parties: Nothing in these Terms of Use creates or shall be deemed to create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Company and You. Your relationship with the Company is solely that of independent contractors. Neither party has any authority to assume or create any obligation or representation, express or implied, on behalf of the other party or to bind the other party in any manner, except as may be explicitly provided herein.

15.9. Headings: The section headings used in these Terms are for convenience only and shall not limit or otherwise affect the interpretation of any provision.

15.10. Language: These Terms are drafted in the English language. If translated into any other language, the English language version shall prevail in case of any conflict or discrepancy.

38:Tcb2e,

GAJAB.COM - TERMS OF USE

Effective Date: April 10, 2025

Last Updated: April 10, 2025

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PLATFORM. YOUR USE OF THE PLATFORM CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.

1. INTRODUCTION & ACCEPTANCE OF TERMS

1.2. These Terms of Use (the "Terms"), together with Our Privacy Policy, Fees Policy, Product Listing Policy, Prohibited and Restricted Items Policy, Intellectual Property Policy, and any other policies, guidelines, or rules referenced herein or published on the Platform from time to time (collectively, the "Agreements"), govern Your access to and use of the Platform and the Services offered thereon.

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