Terms for Businesses

1. Definitions

1.1"Vendor", "you" and "your" mean the business, establishment or individual service provider in respect of which a business account is created, and any person acting on its behalf.

1.2"Listing" means the page published on the Platform in respect of the Vendor, together with all Vendor Content appearing on it.

1.3"Vendor Content" means all material submitted by you for publication, including business names, descriptions, addresses, categories, service areas, opening hours, rate cards, prices, offers, photographs and albums.

1.4"Customer" means any user of the Platform who views a Listing or uses the contact facility on it.

1.5"Customer Transaction" means any enquiry, negotiation, engagement, contract, supply of goods or services, or payment between you and a Customer.

1.6"Subscription" means the periodic fee payable by you for the publication of your Listing, and "Trial Period" means the free period described in clause 10.

2. The Services We Provide

2.1We provide you with a business account through which you may create and maintain a Listing, and we publish that Listing on the Platform together with a short link by which you may share it.

2.2The Platform is an online listing and discovery service. We are not your agent, employer, principal, contractor, reseller, distributor or partner, we do not solicit or accept business on your behalf, and we charge no commission on any Customer Transaction.

2.3We give no assurance, representation or warranty as to the volume of enquiries, visits, engagements, business or revenue you will derive from the Platform, and nothing stated by us in relation to the Platform is to be construed as a forecast or projection of any of them. Our undertaking is limited to publishing your Listing substantially as you have composed it and to maintaining the availability of its link, subject to clause 12.

2.4We give no assurance as to the position of your Listing in any search result, category page or locality page. The ordering of Listings, and the selection of Listings for featured or promoted placement, are editorial and product determinations reserved to us.

3. Eligibility and Your Account

3.1You represent and warrant that you are at least 18 years of age, competent to contract under the Indian Contract Act, 1872, and, where you act for a business, duly authorised to bind that business to these Terms.

3.2Authentication is by way of a one-time code transmitted to your mobile number. You are responsible for maintaining control of that number and of any device on which you remain signed in, and any use of the business account is deemed to be your use.

3.3The contact number published on a Listing may differ from the number by which you sign in. Only one live Listing may be maintained against any one contact number.

3.4Entitlement to administer a Listing is determined by the access we have recorded against your account and not by the contact number appearing on the Listing. Altering the published contact number does not confer or remove any person's access.

3.5You must notify us promptly if you become aware of any unauthorised use of your business account. You may terminate all active sessions at any time.

4. Vendor Content and Licence

4.1You retain all ownership of Vendor Content. Nothing in these Terms transfers any intellectual property in it to us.

4.2You grant us a worldwide, non-exclusive, royalty-free, sub-licensable licence to host, store, reproduce, resize, adapt for display, publish and communicate Vendor Content to the public, for the purposes of operating the Platform, publishing your Listing, and generating link previews when your Listing or an offer on it is shared.

4.3That licence terminates upon removal of the relevant Vendor Content from the Platform, save in respect of copies retained in routine backups until their expiry, and save to the extent that a Customer or other third party has previously shared the content.

4.4You must not submit any Vendor Content containing a telephone number, email address or other contact particular within a free-text field. Such fields are screened, but the screening is a safeguard and not a warranty, and responsibility for the content submitted remains yours.

5. Your Warranties

You represent and warrant, on each occasion on which you publish or amend a Listing, that:

5.1you are the business or person which the Listing describes, or are duly authorised to act for it;

5.2the contact number published on the Listing is a number lawfully held and controlled by you and attended by you;

5.3you in fact provide the goods or services in each category claimed, and provide them in each locality stated as being served;

5.4every price published is a price at which you are genuinely willing to supply on the terms stated, and any price presented as a regular or pre-discount price is a price at which you have in fact supplied;

5.5you own or are duly licensed to use every photograph submitted, and each photograph depicts your own work, premises, products or personnel;

5.6you hold every registration, licence, permission, qualification, certification and insurance required by law in respect of the goods or services listed, and shall maintain them for so long as the Listing is published; and

5.7all Vendor Content is accurate, is not misleading, and does not infringe the rights of any person.

6. Prices and Offers

6.1You determine your own prices and may amend them at any time.

6.2You must not inflate, or represent as a regular price, any price at which you have not in fact supplied, whether for the purpose of presenting a discount as larger than it is or otherwise. We maintain a record of amendments to prices, and a Listing which contravenes this clause may be demoted, restricted or removed under clause 12.

6.3Where a price is necessarily dependent upon the circumstances of the work, you must state that dependence and use the conditions field to describe the assumptions on which the price proceeds.

6.4The Platform does not present the prices of one Vendor in direct comparison with those of another, and we do not operate a lowest-price ranking.

7. Moderation of Images

7.1Every photograph submitted is reviewed by a person prior to publication. We may decline to publish a photograph, and shall state the reason for doing so. A photograph is not published until approved, and review requires time.

7.2A published photograph may not be amended or substituted in place. You may delete it and submit a replacement, which is subject to review afresh.

7.3Where a display position already holds an approved image, that image remains published while its proposed replacement is under review, so that the Listing does not appear incomplete.

7.4A declined photograph is deleted from storage. The record of the decision and its stated reason is retained and remains visible to you.

8. Customer Dealings and Your Responsibility

8.1We are not a party to any Customer Transaction. Any contract arising is concluded solely between you and the Customer, and we acquire no rights and assume no obligations under it.

8.2You are solely responsible for the performance of every Customer Transaction, including the supply, quality, safety, timeliness and completeness of the goods or services, the price charged, the sufficiency of materials or parts, the conduct of your personnel, the giving and honouring of any warranty or guarantee, the making of any refund, and compliance with all applicable law.

8.3You are advised to agree the commercial terms and the scope of work directly with the Customer before commencing, and to record them in writing where the value is material. A price published on your rate card is intended to initiate that discussion and does not replace it.

8.4You must not represent to any Customer or other person that Wisemove, AasPaas or the Platform guarantees, insures, warrants, underwrites or otherwise stands behind your goods, services or conduct.

8.5No payment in respect of any Customer Transaction is made to, collected by, held by or processed by us, and the Platform provides no facility by which such a payment could be made.

9. Customer Personal Data

9.1Where a Customer uses the contact facility, we disclose to you the date of the request, the last four digits of the Customer's mobile number, and the Customer's first name where provided. The Customer's full number is not disclosed by us; it becomes known to you, if at all, through the Customer's own communication with you.

9.2In respect of any Customer personal data which comes into your possession, you shall act as an independent Data Fiduciary, shall comply with the DPDP Act and all other applicable law, shall process that data solely for the purpose of responding to and serving that Customer, and shall implement reasonable security safeguards in respect of it.

9.3You must not add a Customer to any marketing list, or transmit to a Customer any promotional, bulk or unsolicited commercial communication, without that Customer's specific consent. An introduction made through the Platform does not constitute such consent.

9.4You must not sell, licence, publish or otherwise disclose Customer personal data to any third party.

9.5We do not disclose to you the identity of any person who has merely viewed your Listing or an offer on it. Such activity is reported to you only as an aggregate count.

10. Subscription, Trial Period and Fees

10.1Publication of a Listing is subject to a Subscription charged at a flat periodic rate. No commission is charged on any Customer Transaction, no fee is charged per enquiry, and no fee is charged by reference to the number of items on your rate card. The rate applicable to your category is disclosed to you before any charge arises.

10.2New Vendors are entitled to a Trial Period of three months. The Trial Period commences upon the first publication of the Listing and not upon creation of the business account, with the consequence that time spent awaiting our review does not diminish it and an abandoned draft does not consume it.

10.3No Subscription charge shall be raised without prior disclosure of the amount to you and your assent to it.

10.4We may revise the rate applicable to a subsisting Subscription upon reasonable prior notice to you. Where you do not accept a revised rate, you may decline it and discontinue the Subscription at the end of the then-current period.

10.5All amounts payable are exclusive of applicable taxes, which shall be payable by you in addition.

11. Performance Data Reported to You

11.1Your business account reports the number of occasions on which your Listing or an offer on it was opened, and a dated record of Customers who used the contact facility. The basis of computation of each figure is stated adjacent to it.

11.2You acknowledge two limitations, which we state expressly rather than leave to be discovered. Counts of page and offer openings are maintained in our systems and are not independently verifiable by you, which is why they are presented as secondary information. Records of Customer messages are verifiable by you, and we invite you to verify them against your own device.

11.3We do not generate, seed or simulate activity, and we exclude from these figures our own testing, our own automated requests, and requests we identify as originating from automated agents or link-preview services.

11.4These figures are reported for information. They are not a measure of any obligation owed by us to you, and no Subscription or other charge is computed by reference to them.

12. Suspension, Removal and Termination

12.1You may discontinue use of the Platform at any time and may request that your Listing be unpublished.

12.2We may suspend, restrict, demote or remove a Listing, or suspend or terminate a business account, where we reasonably consider that these Terms have been breached, that the Listing is fraudulent or impersonates another, that credible complaints have been received from Customers, or that the Listing has become materially inaccurate or misleading. Where it is reasonable in the circumstances to do so, we shall give prior notice and an opportunity to remedy.

12.3Removal of a Listing is final. A removed Listing is not restored; removal releases the contact number, and a Vendor wishing to be listed again must apply afresh.

12.4Where a Listing is removed otherwise than by reason of fraud or a material breach by you, any Subscription amount paid in respect of the unexpired portion of the then-current period shall be refunded on a pro-rata basis.

12.5Clauses 4.3, 9, 13, 14, 15, 16, 18, 19 and 20 survive termination.

13. Verification

13.1Certain categories require verification of identity before a Listing may be published, by reason of the goods or services involving entry into a Customer's residence.

13.2Where identity is verified, an original document is examined by a person and we record only the method of verification, the class of document and the last four digits of its number. We do not store the document, any image or copy of it, or any Aadhaar number, at any time or in any system.

13.3Where an Aadhaar-based method is the only method offered to you, you may notify us and an alternative method shall be provided.

13.4Any statement published on your Listing concerning verification is confined to the matter expressly described. We shall not describe you as verified in terms implying any assurance beyond the checks actually performed.

14. Prohibited Conduct

You must not:

• create or maintain a Listing in respect of a business which is not yours or which you are not authorised to represent;
• publish any Vendor Content which is unlawful, defamatory, obscene, misleading or infringing;
• harass, threaten or abuse any Customer, any other Vendor or our personnel;
• extract, scrape or copy Listings, Customer data or any other part of the Platform in bulk, or use such material to compile any competing directory or dataset;
• advertise or offer any goods or services whose listing is prohibited by us or by law, including tobacco products and alcoholic beverages;
• circumvent any limit, rate limit, moderation process or access control applicable to your account.

15. Disclaimers

15.1The Platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, all representations, warranties, conditions and terms, whether express or implied by statute, common law or otherwise, are excluded.

15.2We do not warrant that access to the Platform or to your Listing will be uninterrupted, timely, secure or error-free, or that defects will be corrected.

16. Limitation of Liability

16.1Nothing in these Terms excludes or limits any liability which cannot lawfully be excluded or limited, including liability for death or personal injury caused by our negligence, and liability for fraud or fraudulent misrepresentation.

16.2Subject to clause 16.1, we shall not be liable for any loss of profit, revenue, business, custom, goodwill, opportunity or anticipated saving, for wasted expenditure, or for any indirect, incidental, special, punitive or consequential loss, howsoever arising, including by reason of any period during which the Platform or your Listing was unavailable, any Customer who did not proceed, any determination by us as to the placement of your Listing, or any suspension, demotion or removal effected under clause 12.

16.3Subject to clause 16.1, our aggregate liability to you in respect of all claims arising out of or in connection with these Terms in any period of twelve months shall not exceed the total Subscription amounts actually paid by you to us in respect of that period.

17. Indemnity

17.1You shall indemnify, defend and hold harmless Wisemove, its directors, officers, employees and agents against all claims, demands, proceedings, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with any Customer Transaction, any Vendor Content, any breach by you of these Terms or of clause 9, any infringement by you of the rights of a third party, or any failure by you to hold a registration, licence, permission or insurance required by law.

18. Data Protection

18.1Our collection, use, disclosure and retention of your own personal data are governed by the Privacy Policy for Businesses, which is incorporated into and forms part of these Terms.

18.2Your obligations in respect of Customer personal data are set out in clause 9 and are additional to, and not limited by, that Policy.

19. Grievance Redressal

19.1Complaints and disputes concerning your Listing, your Subscription, a moderation decision or the Platform generally may be addressed to the Grievance Officer by email at support@aaspaas.co or by telephone at +91 85912 24522.

19.2We shall acknowledge and endeavour to resolve complaints within the periods prescribed by applicable law.

20. Amendment, Governing Law and General

20.1We may amend these Terms from time to time. The date stated at the head of this page identifies the version in force. Where an amendment materially affects the Subscription rate, our rights in respect of your Listing, or the warranties given by you, we shall give prior notice and seek your acceptance of the amended Terms before they apply to you.

20.2These Terms and any dispute or claim arising out of or in connection with them, their subject matter or formation, whether contractual or non-contractual, are governed by and construed in accordance with the laws of India.

20.3The courts at Thane, Maharashtra, India shall have exclusive jurisdiction to settle any such dispute or claim, and each party irrevocably submits to that jurisdiction.

20.4These Terms, together with the Privacy Policy for Businesses, constitute the entire agreement between the parties in relation to the Platform and supersede all prior understandings in relation to it.

20.5If any provision is held invalid, illegal or unenforceable, it shall be severed and the remaining provisions shall continue in full force. No failure or delay in exercising any right operates as a waiver of it.

20.6You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer ours to any group company or to a successor in title to our business.

20.7Nothing in these Terms creates any partnership, joint venture, agency, employment or fiduciary relationship between the parties. Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control.

20.8Notices to us may be sent to support@aaspaas.co. Notices to you may be sent to the mobile number registered against your business account or published on your Listing.

21. Contact

Wisemove AI Solutions Pvt. Ltd.

Email: support@aaspaas.co

Telephone: +91 85912 24522

Company website: www.wisemove.ai