Terms & Conditions

Dawa4u.com - Terms and Conditions for Our Business Associates Program Please read these Our Business Associates Terms carefully before registering as an Our Business Associates with Infomaster Technologies Pvt Ltd (“Dawa4u”), as they set out the legal rights and obligations with Our Business Associates in relation to Our Business Associates Program. You will be asked to agree to these Our Business Associates Terms before becoming an Our Business Associates . Should you disagree with any of the terms and conditions you can leave this page and terminate your association by contacting Dawa4u. These Our Business Associates Terms are available in the English language only. To be an authorized Our Business Associates of Dawa4u you agree to abide by this terms and conditions. On your acceptances of the terms and conditions, you become an Our Business Associates . By Clicking on the “I have read and accept these terms and conditions” box at the bottom of the Registration Form, you indicate your acceptance of the Our Business Associates Program and you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or you wish to terminate your registration as an Our Business Associates , you may not access or use the information and notify your intention to block your registration. If you have any questions or complaints about Our Business Associates Program please contact us by writing to Infomaster Technologies Pvt Ltd, at the following address: 329, Gopur Colony, Extension, Indore (MP) 452009 or by email to service@dawa4u.com

Definitions “Acceptance Email” means an email sent by Dawa4u to an our Business Associates confirming that the applicant has been registered into the Our Business Associates Programme; “ Our Business Associates ” means the person (natural or legal) specified as the applicant for Our Business Associates Program on the Registration Form; “ Our Business Associates Program” means the Dawa4u website Our Business Associates programme detailed in the Our Business Associates Program [and on the Dawa4u Website]. “ Our Business Associates Program” means the understating between the Dawa4u and the Our Business Associates incorporating these Our Business Associates Terms, the Registration Form and the Acceptance Email, and any amendments to it from time to time; “ Our Business Associates Website” means the website or websites owned and operated by the Our Business Associates and specified on the Registration Form; “Charge-back” means a reversal of a payment previously earned for a sale that is later rescinded or corrected. A charge-back is defined and limited to product returns, duplicate entries, non-qualified sales and unauthorized payments or non-receipts of payments. “Effective Date” means the date the Our Business Associates Program comes into force as specified under the clause titled as “Term”. “Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, hacker attacks, virus or other malicious software infections or attacks, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars); “Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the “intellectual property rights” referred to above include copyright and related rights, moral rights, database rights, confidential information, trade secrets, know-how, business names, trade names, domain names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs); “Link” means a hyperlink (whether embedded in text or an image or otherwise) from the Our Business Associates Website to Dawa4u Website [in the form, of the design, and in a position on the Our Business Associates Website specified on Dawa4u Website] [OR] [in such form, design and position on the Our Business Associates Website as may be determined by the Our Business Associates [OR] [in such form, design and position as Dawa4u may approve in writing from time to time]; “Payments” means fee payables to Our Business Associates on the net revenue earned by Dawa4u from success sale of Services (excluding applicable taxes, duties and any delivery charges on the sale) referred by Our Business Associates to Dawa4u; Dawa4u shall pay following fee to Our Business Associates :

“Payment Trigger” means [a purchase of Dawa4u goods [or services] on the Dawa4u Website made by a user who [first] visited Dawa4u Website by means of a Link and who made such purchase within seven[7] days of the date of that first visit]; “Prohibited Materials” means content, works or other materials that Dawa4u determines (acting reasonably) constitute: (a) indecent, obscene, pornographic or lewd material; (b) material that breaches any applicable laws, regulations or legally binding codes; (c) material that infringes any third party Intellectual Property Rights or other rights; (d) material that is offensive or abusive, or is likely to cause annoyance, inconvenience or anxiety to another internet user; (e) computer viruses, spyware, trojan horses or other malicious or harmful routines, programs or software; and/or (f) spam or bulk unsolicited email or another illegal & illegitimate means of generating traffic. “Registration Form” means the HTML form on the Dawa4u Website enabling users to apply to become Our Business Associates ; “Term” means the term of the Our Business Associates Program; and “Dawa4u Website” means the website accessible via the URL http://www.service@dawa4u.com,

Scope of Affiliation Dawa4u holds owns and operates a website/mobile application under the name and style of www.service@dawa4u.com, for sale of certain products and services (collectively “Services”). Our Business Associates intends to register as an Our Business Associates for promoting and soliciting sales for the Services offered by Dawa4u. has offered to render the Services to the customers of Our Business Associates and Our Business Associates has agreed to extend the same in accordance with the terms of this Our Business Associates Program.

Conditions for becoming an Our Business Associates In order to apply or become an Our Business Associates , the applicant must complete and submit the Registration Form. The applicant must be at least 18 (eighteen) years of age. If the applicant makes any input errors during the order process, these may be identified and corrected by the applicant before the Registration Form is submitted. The Our Business Associates Program will come into force if and when Dawa4u sends to the Our Business Associates the Acceptance Email, following the submission of a completed Registration Form by the Our Business Associates . Applicant agrees that the applicant has read the terms and conditions relating to the Our Business Associates Program and understood its features and rules. As part of the registration process, the applicant shall select an email and password combination that the applicant shall use to access the Our Business Associates control panel provided by Dawa4u. The applicant shall provide Dawa4u with accurate, complete and updated registration information. The applicant may not select the name of another person with the intent to impersonate that person or deceive members or other users as to the applicant’s true identity. Applicant agrees and confirms that the applicant shall be responsible for maintaining the confidentiality of the applicant’s email and password and shall be responsible for all usage and activity on the applicant’s account, including use of any third party authorized by the applicant to use the applicant’s account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination by Dawa4u and referred to the appropriate legal authority. Dawa4u reserves the right to deem any site inappropriate and terminate the side as an Our Business Associates of Dawa4u. If applicant is terminated as an Our Business Associates to Dawa4u, has a right to withhold money earned by the applicant and the applicant may not be allowed to re-join the Our Business Associates Program.

Obligation of Parties Dawa4u: To render the Services in accordance with the applicable law. Obtain and maintain all licenses and approval and conduct business in compliance with applicable laws. Pay the fixed Fees to Our Business Associates for the Services rendered by Dawa4u in accordance terms and conditions. Our Business Associates : Shall use the trademark and copyright of Dawa4u in the manner approved in writing, exclusively to promote the Services of Dawa4u using the Links owned or licensed by Dawa4u. Ensure compliance of the statutory laws, rules and regulation while promoting the Services. Shall not use any material, content or otherwise designs that infringe the intellectual property rights of any third party or make any representations and warranties on behalf of Dawa4u. The Our Business Associates shall as mutually agreed, following the Effective Date include [one or more] Links on the Our Business Associates Website, and will maintain [those Links] on the Our Business Associates Website during the Term. All changes need to be informed in writing to Dawa4u. Dawa4u may from time to time during the Term request amendments to the Links [and/or the Our Business Associates Website] for ensuring consistency and quality in the use of the Dawa4u trademarks and branding and [to the extent that such requests are reasonable] the Our Business Associates will make such amendments within seven [7] days of the request. The Our Business Associates will be granted access to an Our Business Associates control panel on Dawa4u Website during the Term, from which the Our Business Associates will be able to: (a) alter the Our Business Associates account preferences; and (b) download HTML/PHP code to use as Links/Websites.]

Promotional Offers Dawa4u may run promotional offers at its sole discretion from time to time by issuing one day prior notification to the Our Business Associates in this regard and all the payments for the sales for the period defined in the notification shall be calculated accordingly. In case no communication is received by the Our Business Associates with regard to the promotional offer, then the standard payment terms shall apply as mentioned in the Our Business Associates Fees clause.

Review & Set Off Dawa4u may conduct quarterly/bi-yearly review of the orders delivered and shall pay the Our Business Associates in case of any short payments or set off any over payment against the next payment or recover the same from the Our Business Associates.

Payment terms Dawa4u shall pay the Our Business Associates a fixed fee equivalent to five percent of the total net revenue (excluding and taxes duties and other charges) in accordance with the terms agreed herein. Fees shall be payable within sixty to ninety (60 to 90 days) days from the date of receipt of the original and undisputed invoice received from the Our Business Associates . The fees paid by Dawa4u to Our Business Associates shall be excluding all taxes and duties and shall be subject to deductions as may be applicable and amended from time to time. No Payments will be due in respect of: [(a) any purchases on Dawa4u Website made by or on behalf of: (i) the Our Business Associates ; (ii) any parent undertaking or subsidiary of the Our Business Associates ; (iii) any employee, agent or officer of the Our Business Associates or any parent undertaking or subsidiary of the Our Business Associates ; (iv) by any natural person related any of the above;] [(b) any amount received by Dawa4u by means of the fraudulent or unlawful use of a credit, debit or other payment card, or by any other fraudulent or unlawful means;] [(c) any purchases on Dawa4u Website which are subsequently cancelled, refunded, reversed, or charged-back (and Dawa4u will be entitled to require repayment of Payments made as a result of such purchases).] Both before and after termination, Dawa4u will be entitled to set off any Chargeback amount or other amount owed to the Our Business Associates against any amount the Our Business Associates owes to the Dawa4u whether under the Our Business Associates Program or otherwise, and against any loss or damage suffered by Dawa4u whether in relation to the Our Business Associates Program or otherwise arising out of the Our Business Associates acts or omissions.

Representations Dawa4u and Our Business Associates has the right to enter into and fully perform its obligations and by entering into this Our Business Associates Program they are not violating any law or statute. Our Business Associates will not use, disclose or permit the usage of any information by any third party for any other purpose, without first obtaining the written permission from Dawa4u. Except for the Services clearly indicated as provided by Dawa4u, Dawa4u does not promote or endorse any specific products or services. Dawa4u represents that it will provide Services as per the terms and conditions applicable to each Services and subject to respective terms and conditions. Dawa4u reserves its right to withdraw and Services / modify terms and conditions which govern such Services without prior intimation to the Our Business Associates.

Warranties Our Business Associates or Dawa4u shall not do any acts or omissions which would result in non-compliance with or in violation of any applicable law or regulation. Dawa4u and Our Business Associates will obtain and renew all the licenses, permission and comply with all local laws that may be applicable and necessary for performance of obligations under this Our Business Associates Program. There are no claims or action that are known or threatened to be filed against the applicant that would impact the performance of the applicant under this Our Business Associates Program. Applicant warrants that the services will be rendered using the software and hardware that are duly licensed by respective owners and at request of Dawa4u, the applicant will provide the copies of the same. Applicant shall maintain the normal operation of the network communication and at all-time ensure that the software and program used for rendering services is working continuously without any interruption. Applicant shall not cause or permit the service, or any component or material provided by under this Our Business Associates Program to be used in any manner not expressly provided for by the usage restrictions provided under this Our Business Associates Program. Our Business Associates will provide Dawa4u with (a) such co-operation as is required by the Dawa4u (acting reasonably) in connection with the Our Business Associates Program; and (b) all information and documents required by Dawa4u (acting reasonably) in connection with the Our Business Associates Program. Our Business Associates must: (a) keep the Our Business Associates Website up-to-date and in good working order; (b) ensure that the quality of design, content and functionality on the Our Business Associates Website does not materially deteriorate during the Term; (c) ensure all marketing of or relating to the Our Business Associates Website (both online and offline) is in accordance with applicable law, any applicable codes of practice, and good industry practice generally. Our Business Associates must not: (a) include any Prohibited Materials on the Our Business Associates Website, or include any hyperlink to any Prohibited Materials on the Our Business Associates Website; (b) market the Our Business Associates Website using spam or unsolicited emails or other unsolicited communications, or using any form of spyware, parasite ware, adware or similar software, or using any other antisocial or deceptive methods; (c) increase or seek to increase the number of Payment Trigger events using any fraudulent or deceptive method; [(d) make any public disclosure relating to the Our Business Associates Program (including press releases, public announcements and marketing materials) without the prior written consent of Dawa4u; (e) include any hyperlink to Dawa4u Website from the Our Business Associates Website that is not a Link;] or (f) include any reference to Dawa4u or Dawa4u Website on the Our Business Associates Website (excluding Links); Our Business Associates will not take any action in connection with the Our Business Associates Program which might reasonably be expected to lead to the possibility of damage to the reputation and goodwill of Dawa4u and/or Dawa4u Website.

Ownership of Intellectual Property Rights Dawa4u and Our Business Associates shall own their respective intellectual property rights and no act or omission of either party shall be deemed to grant the other any license, interest or otherwise create any right in the intellectual property rights of the other.

Indemnity Each Party shall indemnify and hold harmless other from and against any and all claims, costs or expenses (including, without limitation, reasonable attorneys’ fees) that may arise from any acts and omission of the other under this Our Business Associates Program.

Limitation of Liability Neither Party shall be held liable to the other Party for any indirect, special or consequential damages, loss of profit or loss of business. The Liability of the Our Business Associates under this Our Business Associates Program shall be limited to the extent of the consideration payable under the Purchase Order which gave rise to any claims against the Our Business Associates . Dawa4u shall not be liable to the Our Business Associates in connection with or arising out of any services, sale or distribution of the Products supplied under this Our Business Associates Program.

Term & Termination This Our Business Associates Program shall come into force on the date of receipt of confirmation of Acceptance Email of registration by the Our Business Associates and remain in force unless terminated. Termination: This Our Business Associates Program may be terminated with or without a cause by issuing a written notice.

Effects of Termination Dawa4u shall pay all accrued fees due to the Our Business Associates until the date of termination. Dawa4u or Our Business Associates shall not be liable to each other after date of termination, but all the claims arising prior to the date of termination shall survive.

Governing Law, Dispute Resolution & Jurisdiction. The terms of this Our Business Associates Program shall be governed in accordance with laws of India and courts located at the registered office of Dawa4u shall have exclusive jurisdiction to resolve all the disputes between the Parties. All disputes shall be resolved in accordance with Arbitration and Conciliation Act, 1996 and the Rules made there under by a sole arbitrator appointed by mutual consent. Arbitration shall be conducted and concluded at the registered office of Dawa4u within thirty days from the date of appointment of arbitrator.

General Clauses This Our Business Associates Program sets forth the entire agreement and understanding between the parties in respect of the supply of the Products and supersedes all prior written or oral agreements representations or understandings between the parties. No failure or delay on the part of any of the terms and conditions to this Our Business Associates Program relating to the exercise of any right power privilege or remedy shall be deemed to be waived, unless the same are waived expressly in writing. All notice shall be delivered to the address of respective parties registered and corporate offices. Nothing herein shall be construed or deemed to create any employer-employee, joint venture, partnership or otherwise between the Parties. If any clause of the Our Business Associates Program is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of the Our Business Associates Program will continue in effect. It is agreed that the terms and conditions are agreed and accepted digitally in electronic mode and the same shall be as binding as original signatures.

Disclaimer Notwithstanding anything contained herein, Dawa4u reserves the right to amend, modify or replace the Our Business Associates Program at any time without providing any prior notice in this regard. Thus, the Our Business Associates is requested to check the terms and conditions at regular interval. The Our Business Associates continued use of the service post any such modification shall be considered as your acceptance of the revised terms.