Last updated 28 December 2022
The term "Moris Media Private Limited" used in this document refers to Moris Media Private Limited, a company registered under the Companies Act, 2013 with its registered office at 2nd Floor, 1554, Pearl, Madurdaha, Kolkata, West Bengal, India -700107
TERMS OF USE
Introduction
Moris Media is a business Service Provider that promotes information and exchanges among its Users.
Scope of service
This Platform provides its need fulfillment platform as a service to enable its Users to connect with each other or to connect with businesses in their city. This Platform enables the Users to find Service Provider/book services. Please keep in mind that local business listings, classified ads, property ads and other elements of service need fulfilment are posted not by this Platform, but members (Users & Service Provider)s of this Platform.
Membership Eligibility (User & Service Provider)
You confirm that you are of legal age i.e. 18 years to form a legally binding contract with Moris Media and are not a person barred, from availing the services offered by Moris Media under the laws as applicable in India.
Moris Media requires registration for those who participate in a variety of its services. When you authenticate your email or mobile number for using the local service need platform and register as a member on this Platform, you accept the following terms and conditions:
Confidentiality.
The Services are available to the public, and your User Submissions, along with information concerning your identity that you provide to Moris Media (including your name, image, employer, and location), may be publicly available. Do not post information you consider confidential to the Services. In addition, you agree that Moris Media may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action or a legal request arising from any User Submission made by you.
Each party may have access to certain non-public proprietary, confidential information or data of the other party regardless of the manner in which it is furnished, which given the totality of the circumstances, a reasonable person or entity should have reason to believe is proprietary, confidential, or competitively sensitive (together, the “Confidential Information“). For clarification, the fact that the parties entered into this Agreement, and the contents of this Agreement, shall be deemed Confidential Information. Confidential Information shall exclude any information that (i) is now or subsequently becomes generally available in the public domain through no fault or breach on the part of receiving party; (ii) the receiving party can demonstrate in its records to have had rightfully in its possession prior to the disclosure of the Confidential Information by the disclosing party; (iii) receiving party rightfully obtains from a third party who has the right to transfer or disclose it, without default or breach of this Agreement; or (iv) the receiving party can demonstrate in its records to have independently developed, without breach of Agreement or any use of or reference to the Confidential Information. The receiving party agrees: (a) not to disclose the disclosing party’s Confidential Information to any third parties other than to its directors, officers, employees, advisors, or consultants (collectively, the “Representatives“) on a strict “need to know” basis only and provided that such Representatives are bound by written agreements to comply with confidentiality obligations as protective as those contained herein; (b) not to use or reproduce any of the disclosing party’s Confidential Information for any purposes except to carry out its rights and responsibilities under the Agreement; and (c) to keep the disclosing party’s Confidential Information confidential using at least the same degree of care it uses to protect its own confidential information, which shall in any event not be less than a reasonable degree of care. Notwithstanding the foregoing, if receiving party is required by legal process or any applicable law, rule or regulation, to disclose any of disclosing party’s Confidential Information, then prior to such disclosure, receiving party will give prompt written notice to disclosing party so that it may seek a protective order or other appropriate relief.
Unsolicited Email, Spamming & Spoofing. You may not use the Services to transmit unsolicited email. You may not send unsolicited email to the Services or to anyone whose email address includes a domain name used on the Services. You may not use any domain name on our Services as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else – or spoof their identity – when using the Services.
Warranties.
Each party represents and warrants that (i) these Terms and accompanying Purchase Orders issued pursuant to these Terms, constitute a legal, valid, and binding obligation, enforceable against it in accordance with the terms of this Agreement, and (ii) its execution and delivery of the Agreement and its performance hereunder will not violate any applicable law, rule or regulation. In addition, Licensee hereby represents and warrants that Licensee is not a data broker.
Indemnification.
Licensee agrees to defend, indemnify and hold harmless Moris Media, its directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Licensee’s use of and access to the Services; (ii) Licensee’s violation of any term of these Terms; (iii) Licensee’s violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Licensee’s acts or omissions caused damage to a third party.
Under no circumstances whatsoever will Moris Media be liable in any way for any actions made with the Data by the Licensee, its employees, agents, partners, service providers sub-processors, or any other third party.
Links to Third-Party Websites
The Services may contain links to websites operated by third parties (“Third-Party Websites”). Access to Third-Party Websites is at your own risk, and Moris Media is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on Third-Party Websites. These links may also lead to Third-Party Websites containing information that some people may find inappropriate or offensive. The inclusion of any links to Third-Party Websites on Moris Media does not imply an endorsement or recommendation by Moris Media is not responsible for any form of transmission received from any link nor is Moris Media responsible if any of these links are not working appropriately. Third-Party Websites are not under the control of Moris Media no representations or warranties of any kind regarding such Third-party Websites. Moris Media shall have no liability for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Website. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with Third-Party Websites, and these Third-Party Websites are not governed by this Agreement.
Registration
Your registration as a member of this Platform or the use of any of the features and services on this Platform either as a registered member or as an unregistered visitor constitutes acceptance of these Terms and Conditions and the Privacy Policy defined herein. These terms and conditions apply automatically to any new services and/or features introduced on this Platform.
Online registration
In order to become a Moris Media member, you must first create a member account on this Platform by providing information about yourself including name, email or mobile number, and your current city of residence. Moris Media may check for the validity of the email addresses or mobile numbers. You should ensure that you do not in any manner provide false and / or inconsistent and / or untrue information.
Optional profile information
Once you provide the basic information to create an account, you will have the opportunity to provide additional information in the profile section describing your postal code, brief summary of yourself etc. Provision of this additional information beyond what is required at registration is entirely optional.
Recognising you as a Moris Media member
For this Platform to recognise you as a registered member, you must login with your login email and password or alternatively use Moris Media services with your registered email or mobile number. At the time of login, you will have the option to instruct the site to remember you so when you come back the next time to use this Platform, you would not have to login with your email and password.
Should you chose the Platform to remember you; you accept that cookies shall be placed onto your server computers / device.
Internet communication protocol information
The communication standards of the Internet industry transmit the URL of the website from which you visit this Platform, the IP address of your computer, the IP address of your ISP, various attributes of your computer such as operating system, resolution and browser software, and the date and time of your various requests for pages on this Platform. Moris Media file logging system automatically logs all of this information in its log files for its analysis.
Newsletter subscriptions
Visitors to this Platform may also sign up with their name and email address for a variety of newsletters that this Platform produces with varying frequency without having to register. Moris Media confirms the subscription by sending an email to the email address specified before sending the newsletter.
Backup of Data
There is no warranty included with this Service. You shall be solely responsible for daily backup and other protection of your data against loss, damage, or destruction and shall backup your individual computers before any Services are rendered in order to protect against any loss of data. Moris Media will have no obligation or liability for lost data as a result of your non-compliance with this section.
Password
You are advised to change your login password at regular intervals. Your password should be a combination of alphabets and at least one number and a special character. You are solely responsible for actions taken under your password, and should not disclose it to anyone else. You cannot use your password for any unauthorised purpose. Moris Media shall neither be responsible nor liable for your non-compliance with the terms of password change.
Accessing and changing your account information
You can review the personal information you provided us and make any desired changes to the information, or to the settings for your account on this Platform, at any time by logging in to your account and editing the information on your profile page. You can also close your account through this Platform by sending your request to hello@morismedia.in with your login email address. Your request will be processed within 7 business days.
Communications
Your calls may be recorded to improve the service experience in the platform and for other business purposes. You hereby unconditionally authorize and / or approve Moris Media to record the calls made by you to Moris Media with respect to any services listed on this Platform. Moris Media at its discretion may delete such recording shall from its database within a period of twelve (12) months.
Further, by using Moris Media services and providing us your number, while registering for an account or receiving alerts or contacting an advertiser seller / buyer, you:
In case the User does not want to receive these messages on his / her mobile number, he / she shall not submit his / her mobile number with this Platform.
Contacting businesses through this Platform
Moris Media uses certain virtual numbers and reserves the rights to display the same for contacting certain service providers. These are called User Virtual Number ("UVN"). This being the case, this Platform also holds the rights to contact those Users and Service Providers registered with the platform. The mode of contact may be through SMS / email / call, irrespective of whether the User is on the NDNC list or any other similar database.
You hereby waive your right to object and agree to not object and / or protest in relation to the same. All calls made through the UVNs between the User and the service provider shall be recorded by Moris Media for training and quality purposes including dispute resolution, service assurance, and other business purposes of Moris Media. You hereby give irrevocable consent to Moris Media for sharing the call recordings to other third parties for business purposes of Moris Media. You disclaim and / or abandon any right to sue and waive your right to object and agree to not object and / or protest in relation to any of the
These terms are to be read in conjunction with Moris Media's Privacy Policy and Moris Media' Intellectual Property Rights Infringement Policy:
Accessing & transmitting the platform's content
All text, graphics, User interfaces, visual interfaces, photographs and media of all types, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party User generated Content and this Platform has no control over such third party User generated Content as this Platform is merely an intermediary for the purposes of this Terms of Use. All the Content available for public access on this Platform is protected by copyright. Your use of the Content must therefore adhere to the following terms, unless you are the original contributor of the Content to this Platform, in which case your use is governed by the terms governing Moris Media's relationship with its contributors as covered below:
Contributing content to this platform
While primarily being a local service need fulfilment platform, this Platform also provides a variety of forums for its members to express themselves in the form of articles, columns, opinions, comments, reviews, art and photographs. Moris Media provides value to its contributors by making available to them its vast global audience reach.
The terms in this section apply to all the Content contributed to this Platform in any of its various services and forums and are as follows:
Message / comment board
This Platform may contain message / comment boards, testimonials, or other message or communication facilities (collectively, "Forums"). You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
All Forums are public and not private communications. Chats, postings, conferences, and other communications by other Users are not endorsed by Moris Media and such communications shall not be considered reviewed, screened, or approved by this Platform. Moris Media reserves the right for any reason to remove without notice any Contents of the Forums received from Users.
Using this Platform's services
This section covers the terms under which various this Platform services, including, but not limited to, link forwarding services, event information, and any information available on this Platform, are made available to you. You agree that:
Responsibility of Platform visitors
You acknowledge that:
Moris Media disclaims any responsibility for any harm resulting from the use by visitors of this Platform, or from any downloading by those visitors of Content posted. If you believe that material located on or linked to this Platform is offensive, indecent, violates your copyright or otherwise objectionable, you are encouraged to notify our team via the report abuse link or via email to hello@morismedia.in. This Platform will respond to all such notices, including as required or appropriate by removing the offensive / objectionable / infringing material or disabling all links to the infringing material on the Moris Media domain. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Moris Media or others, Moris Media may, in its discretion, terminate or deny access to and use of the platform.
Moris Media Advanced Consulting Account
Moris Media Advanced Consulting Account. In order to access certain features of Moris Media Advanced Consulting, you will be required to create an online account (the “Premium Account”). You agree to: (A) take reasonable measures to maintain the security of your user identification, password and other information relating to your Premium Account; (B) refrain from sharing your Premium Account password or from allowing access to your Premium Account by any third party; (C) be solely responsible for the security, confidentiality, legality and integrity of all messages and Content that you receive, transmit or store using Moris Media Advanced Consulting and the Premium Account; (D) be responsible for all charges resulting from use of your Premium Account, including unauthorized use prior to your notifying Moris Media in writing of such use and taking steps to prevent its further occurrence, including by changing your password; (E) comply with the terms and conditions set forth herein; and (F) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of Moris Media Advanced Consulting.
Using Moris Media's local service Need fulfillment Platform
Users of this service are responsible for all aspects of the transactions in which they choose to participate. This Platform requires a User to register before posting a service need requirement, a classified ad or uploading a variety of Content on the Platform. This Platform does not review or authenticate all listings, items, or services offered for sale. This Platform has no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of Service Providers to sell items or the ability of Users to buy items. Therefore, Users of this service should be aware that:
You hereby approve and / or authorise Moris Media to take such measures as are necessary for security purposes and / or improving the quality of services and / or to enhance and provide better Service Provider services to the satisfaction of the User. The User hereby disclaims his right to prevent and/ or proceed against Moris Media in relation to the same.
Payment
Payment of transaction amount can be done online if Users choose to do so. The User can:
The User and the service provider agree that:
Using Moris Media's Service quotes services
This Platform provides Moris Media service quotes as a service to receive various Moris Media PR and Digital Marketing services around the world. Moris Media provides direct services and the transactions for the services are to be taken only through Moris Media website. Users of this service are responsible for all aspects of the transactions in which they choose to participate. This Platform may required User to register before opting any online or website services for sending a quote.
This Platform will prompt the User to send his request to a specific number of agents each time and holds the authority to change this limit at any point of time as considered appropriate by the management.
Moris Media Score
Access and use of this service and related facilities (hereinafter for the sake of brevity referred to as "Moris Media Score") is subject to following terms. Please read these terms carefully before using the services.
Description of service
This Moris Media Score reflects Moris Media's assessment of a business, based on ratings, reviews and profile views in our Platform and other information submitted to us by the business. Moris Media does not endorse any particular business and does not guarantee quality, reliability or capability of a business. To avoid any ambiguity, it is hereby represented that Moris Media Score shall not act as a Perfect Index to assess and judge the capability, quality and reliability of a Business nor shall it be construed as a score for interpreting the quality of a business. Moris Media Score does not predict the outcome of service provided by a business. Rather, Moris Media Score is just a helper for Users to gather information about businesses who may be suitable for their needs. Users should not rely solely on Moris Media Score in deciding on a business for their service. Assessment of the same business may vary in other sources or may have been assessed based on different information. Moris Media shall makes every effort to avoid errors in the scoring system. However, we do not take any responsibility for any errors and request service providers to check their scores for errors as soon as they are published. All reasonable efforts will be undertaken by us to edit errors which are brought to our attention as contemplated under these Terms of Use.
Usage of service
By using this service, you agree to abide by the following terms and conditions:
Any new services and features will be subject to these Terms of Use as well as any additional terms of use that we may release for those specific services or features. It is your responsibility to check this page from time to time for updates or changes in terms and conditions.
Your usage
Subject to your compliance with this terms and use, Moris Media grants you limited, personal, non-exclusive, revocable, non-assignable and non-transferable right to use Moris Media score and other Contents in the platform.
You must not:
Moris Media disclaims any and all responsibility or liability for any harm resulting from your use of third party services, and you hereby irrevocably waive any claim against Moris Media with respect to the content or operation of any third party services.
Using our Self-Serve Service does not give you ownership of any intellectual property rights in our Self-Serve Service or the content you access. These terms do not grant you the right to use any branding or logos used in our Services.
You agree to comply with the Terms of Use and acknowledge that Moris Media reserves the right to terminate your account or take such other action ( including legal remedies) as deemed fit if you commit breach of any terms of use.
Reporting:
In the event you discover that Moris Media Score is wrongly attributed to a particular business and requires amendment, then you may please notify the same to us in writing with following details:
Your notice should be sent to us in writing:
By email to hello@morismedia.in
OR
By post to the registered office of the company at:
Moris Media
2nd Floor, 1554, Pearl
Madurdaha, Kolkata,
West Bengal, India -700107
Moris Media shall verify the request and make earnest efforts to rectify the errors within reasonable time.
Disclaimer
Moris Media does not warrant that Moris Media Score clearly represents the capabilities of the business nor shall it be construed as a mechanism to rank the business in the order of their quality and performance.
Self serve portal
Access and use of the Self-serve' portal service and related facilities (hereinafter for the sake of brevity referred to as 'Self-Serve Service') is subject to following terms. Please read these terms carefully before using the services.
The terms of this Agreement shall include the " Terms of Use " for Users of this Platform insofar as such terms are not contrary to the terms provided herein in case of any contradiction, the terms provided herein shall prevail.
Usage of Self-serve Service
By using the Self-Serve Service, you agree to abide by the terms and conditions. We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time by updating the changes online. We may, from time to time, release new tools and resources, revise methodology of calculating the score and or introduce other services and/or features for the Platform. Any new services and features will be subject to these Terms of Use as well as any additional terms of use that we may release for those specific services or features.
It is your responsibility to check this page from time to time for updates or changes in terms and conditions.
Description of service:
Self-Serve Service assists the Service Provider to automatically list his business under the Platform. Moris Media provides its need fulfilment platform as a service to enable its Users to connect with each other or to connect with businesses in their city. Moris Media provides the Platform and enables the Users to find Service Providers/book services. Moris Media does not endorse any particular business and does not guarantee quality, reliability or capability of a business.
You may not post or list any service offerings that is restricted or prohibited by a state or local legislation or rule in India or other applicable jurisdictions. You, as the Service Provider, are responsible for ensuring that you are not posting an item that is prohibited by law in any jurisdiction...
Service offerings that are prohibited by laws, regulations, sanctions and trade restrictions in India or any applicable jurisdiction are strictly forbidden in the Platform. Moris Media as an entity prohibits and does not espouse or encourage usage of the Platform for posting of service offerings which directly encourages any illegal activities, any pornographic material or items that are sexual in nature, any service offerings that promote hatred, violence, racial or religious intolerance. It is your responsibility to determine whether the service offering of any listed item is authorized by law, statute, or regulation. Without limitation, the following service offerings may not be sold or listed on the platform to make firearms, explosives, and ammunition; alcoholic beverages; tobacco products; service offerings of food that is not packaged or does not comply with all applicable laws; pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods that infringe or otherwise violate another party rights, including copyright, patent, trademark, and rights of publicity and privacy; goods / services that are, in Moris Media's discretion, indecent, obscene or pornographic; registered or unregistered securities; goods/services which you do not have the legal right to sell /perform; goods which are misrepresented or which do not in fact exist; goods / services which, if sold via the Platform, would cause Moris Media to violate any law, statute or regulation. The above list of service offerings prohibited under the Platform is only illustrative and shall not be considered as exhaustive in nature. The list shall be updated on a continuous basis.
If you are unsure about the service offering you wish to list with the Platform in regard to its appropriateness or legality, please contact our Customer Services department by dropping an email to hello@morismedia.in .
You as a service provider do hereby confirm that the information uploaded or listed under the Platform is correct. No fraudulent information or service offering shall be listed under the Platform, which can either directly or indirectly be categorized as false and incorrect. You shall ensure that no errors are made before uploading / listing information into the Platform. Moris Media, does not take any responsibility for any errors and requests Users and Service Providers to check and verify the information before making any transactions. All reasonable efforts will be undertaken by Moris Media to edit errors which are brought to its attention as contemplated under this Terms of Use.
Your Usage:
Subject to your compliance with this Terms and Use, Moris Media grants you limited, personal, non-exclusive, revocable, non-assignable and non-transferable right to use " Self-Serve " product and list your business along with service offering on the Platform.
You must not:
As a Service Provider you agree to list the business information and service offerings in the right category and accurately describe the service offerings. You must be at least 18 years of age and possess the legal authority to enter into this Agreement and to use the Self-Serve Service in accordance with all Terms & Conditions herein. If you are listing your business offering using the Platform, you further warrant that you have legal authority to enter into other binding & selling agreements for the purchase or sale of goods/services. You agree to be financially responsible for all of your use of the Self-Serve Service (as well as for use of your account by others, including without limitation minors living with you). You also warrant that all information supplied by you or members of your business and / or household in using the Platform, including without limitation your name, email address, street address, telephone number, credit card number (when required), and items listed under your service offering, their description and price offered ( when required) is true and accurate. You may be required to provide certain business & government documents that will be used to authenticate your listings. You declare that the documents submitted are true and correct.
You shall be courteous and treat Users of the Platform with dignity and respect. You hereby agree that Moris Media at its discretion is entitled to unilaterally remove your listing from the Platform without any liability and take appropriate action against you , in case of User complaint on complicit or derogatory treatment.
Moris Media disclaims any and all responsibility or liability for any harm resulting from your use of third party Services, and you hereby irrevocably waive any claim against Moris Media with respect to the content or operation of any third party services.
Using our Self-Serve Service does not give you ownership of any intellectual property rights in our Self-Serve Service or the content you access. These terms do not grant you the right to use any branding or logos used in our Services.
You agree to comply with the Terms of Use and acknowledge that Moris Media reserves the right to terminate your account or take such other action ( including legal remedies) as deemed fit if you commit breach of any terms of use.
Reporting:
In the event you discover that service offering or any other information is wrongly attributed to a particular business and requires amendment, then you may please notify the same to us in writing with following details:
Your notice should be sent to us in writing:
By email to hello@morismedia.in
OR
By post to the registered office of the company at:
#2nd Floor, 1554, Pearl
Madurdaha, Kolkata,
West Bengal, India -700107
Moris Media shall verify the request and make earnest efforts to rectify the errors within reasonable time.
Disclaimer
Moris Media does not warrant that Self-Serve Service clearly represents the capabilities of the business nor shall it be construed as a mechanism to rank the business in the order of their quality and performance.
Indemnification
You hereby agree to indemnify, defend and hold harmless Moris Media, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
Moris Media reserves the right to cancel any listing at any time, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause. Moris Media reserves the right of removing the profiles of people/ entities who register with bogus addresses, telephone, and fax information. Moris Media reserves the right of removing the web mail of people who get involved in using web mail for Nigerian frauds.
As a Service Provider, you agree that Users may comment on their experiences with you in the feedback and reviews section of Moris Media and you release Moris Media and its Users from any liability for any comments.
As a Service Provider, by signing in this Platform you hereby unconditionally consents to receive calls / SMS's from Moris Media in accordance with the 'Do not disturb' guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad. Moris Media further reserves the right to send emails and SMS's related to any order / communication by the User / Service Provider ( Service Provider) on the Platform and the User / Service Provider agrees that the same will not tantamount to spam.
You hereby agree that, at no time shall Moris Media have any obligations or liabilities in respect of any/all transaction(s) entered between the User and Service Provider. Moris Media shall not responsible or liable for cancellations of bookings received from any User. It is the responsibility of the Service Provider to verify the details provided by the User during booking. Moris Media is only a platform that communicates the inputs of the User to the Service Provider.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Moris Media and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
Notwithstanding anything contrary contained elsewhere under this Terms of Use and without prejudice to other legal remedies available, Moris Media shall be entitled to claim appropriate sum towards all damages and compensation from you and other responsible parties in case loss of profit due to Fraud.
Settlement
Moris Media may settle any amount collected on behalf of the Service Provider inclusive of taxes for a particular transaction within the acceptable timelines agreed by Moris Media and the Service Provider under this terms of use or via email. Moris Media is not responsible for any delays caused by banks and settlement intermediaries once the payment is initiated.
Moris Media shall not responsible for any discrepancy in the details provided by the Service Provider such as bank details and proofs. The Service Provider accepts the entire responsibility of ensuring the correctness of the details provided. Moris Media will process the payments according to the information provided and will not be liable for any loss incurred by the Service Provider due to incorrect details. Both User and Service Provider do hereby agree to indemnify and hold Moris Media harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms of Use.
Notwithstanding anything expressed hereinabove, the maximum liability for Moris Media under this Terms of Use or otherwise shall be the refund of the money collected from you for any specific service, under which the liability arises.
In no event shall Moris Media be liable to both User and Service Provider on account of booking, use, misuse or reliance on the platform: for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from [a] the use or the inability to use our services or access content, [b] the cost of procurement of substitute goods and services resulting from transactions entered into through or from Moris Media, [c] the unauthorized access to or alterations of your transmissions or data, [d] statements or conduct of any third party on the service, or [e] any other matter relating to the Service, even if Moris Media, has been advised of the possibility of damages arising out of or connected with the use (or inability to use) or performance of the portal, reliance upon or performance of any material contained in or accessed from any portal. Moris Media does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product or process disclosed on the portal or other material accessible from the platform.
Any payment made in respect of Self-Serve Service shall be governed by the terms dealing with Payment provided for in the "Terms of Use".
Severability
Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.
FAILURE OR DELAY IN SERVICES BY THE SERVICE PROVIDER
Moris Media (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. Moris Media shall have no responsibility to provide you access to this Platform while interruption of this Platform is due to any such cause shall continue.
Indemnification
You hereby agree to indemnify, defend and hold harmless Moris Media, its owner, licensee, subsidiaries, successors, assigns and their respective office affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
CODE OF CONDUCT FOR SERVICE PROVIDERS / USERS
These terms are in addition to and must be read in consonance with the terms mentioned above under the head 'Accessing & transmitting Platform's Content
Private communication, including email correspondence, is not regulated by this Platform. Moris Media encourages its Users to be professional, courteous and respectful when communicating by email. However, Moris Media will investigate and can take action on certain types of unwanted emails that violate this Platform's policies.
Communications may be intercepted for security purposes including but not restricted to the national interest.
You should be wary of any phishing filter, spam mail, email soliciting, and exchange of money for inheritance or cross-border access of funds.
Instances:
Threats of bodily harm - this Platform does not permit Users to send explicit threats of bodily harm.
Violations of this policy may result in a range of actions, including:
Use of any physical force against the employees Moris Media
No person shall subject the directors, employees, affiliates, agents, representatives or subcontractors of Moris Media to any physical harassment, intimidation, threats, coercion, confinement or use of criminal force, during the course of their business or in connection with the business. Any such act would lead to an automatic cancellation of any current and/or pending transaction being done by such person through this Platform. . This shall be in addition to and without prejudice to all our further remedies at law.
Severability
Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.
DISCLAIMER OF WARRANTIES.
MORIS MEDIA PROVIDES THE SOLUTION AND THE DATA TO LICENSEE, ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, MORIS MEDIA DOES NOT WARRANT THAT THE SOLUTION, THE DATA, OR ANY SERVICES RELATED THERETO WILL BE DELIVERED OR PERFORMED ERROR-FREE OR WITHOUT INTERRUPTION. MORIS MEDIA OPERATES AS A SEARCH PLATFORM. MOST OF THE INFORMATION IT PROVIDES IS NOT CREATED DIRECTLY BY MORIS MEDIA, BUT IS RETRIEVED FROM THE WEB OR FROM THE CONTRIBUTION OF RELEVANT DATA FROM OTHER USERS AND BUSINESS PARTNERS, AND AS SUCH, MORIS MEDIA AND ITS CONTENT PROVIDERS SHALL NOT HAVE ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY DATA PROVIDED THROUGH USE OF THE SOLUTION. LICENSEE ASSUMES ALL RESPONSIBILITY AND RISK FOR LICENSEE’S USE OF THE SOLUTION AND THE DATA.
Limitation of liability
In no event shall Moris Media, be liable for any direct, indirect, incidental, special, punitive, consequential damages, or any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:
Notwithstanding anything expressed hereinabove, the maximum liability for Moris Media under this terms of use or otherwise shall be the refund of the money collected from you for any specific service, under which the liability arises.
IN NO EVENT WILL MORIS MEDIA BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWEVER, CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF THIS AGREEMENT, THE DPA, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT MORIS MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNITY OBLIGATIONS UNDER SECTION 10 OR FOR WILLFUL MISCONDUCT, MORIS MEDIA’S MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF, OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE FEE PAID BY THE LICENSEE TO MORIS MEDIA DURING THE 12 MONTHS PERIOD PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.
Void where prohibited
Although this Platform is accessible worldwide, not all products or services discussed or referenced on this Platform are available to all persons or in all geographic locations or jurisdictions.
Unless otherwise specified, the material on this Platform is presented solely for the purpose of sale in India. This Platform makes no representation that materials on this Platform are appropriate or available for use in other locations/countries other than India. Moris Media reserves the right to limit the provision of any product or service to any person, geographic area, or jurisdiction it so desires, in its sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on this Platform is void where prohibited.
In addition, Moris Media makes no representation that materials on this Platform are appropriate or available for use in locations outside India, United States of America, United Arab Emirates, Saudi Arab and the United Kingdom; therefore, accessing those materials from territories where they are illegal is prohibited. Those who choose to access this Platform from locations outside India, United States of America, United Arab Emirates, Saudi Arab and the United Kingdom do so on their own initiative and are responsible for compliance with local laws.
Terminations
Moris Media, reserves the right to discontinue in whole or in part any portion of this Platform services or programs with or without notice.
Additional notices
Contact details submitted on forms
By submitting this form, you authorise Moris Media to contact you at the telephone number or email provided for this inquiry, even if you have previously registered on a Do Not Dial registry or requested Moris Media or its agents to not send marketing or other information by phone or email. You agree we may use an auto-dialler to reach you. You understand that you are required to consent to receiving autodialled calls / messages / texts as a condition of procuring or using any this Platform products or services. You authorise and request this Platform to send you relevant and responsive ads and business listings that appear on the site to match your search and need.
If you do not wish to authorise Moris Media to contact you in this manner, you will need to call +91-8000-334444, +91-76699-14011, +91-140980-4445, +91-114279-2583 to complete your request.
The User / Service Provider by signing in this Platform hereby unconditionally consents to receive calls / SMS's from Moris Media in accordance with the 'Do not disturb' guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad. Moris Media further reserves the right to send emails and SMS's related to any order / communication by the User / Service Provider on this Platform and the User / Service Provider agrees that the same will not tantamount to spam.
Passwords
Your password should be a combination of alphabets and at least one number and a special character. You are solely responsible for actions taken under your password, and should not disclose it to anyone else. You cannot use your password for any unauthorised purpose.
Compliance with laws
You agree to comply with all applicable laws, statutes, ordinances and regulations concerning your participation in this Platform.
Others Information
You agree not to make use of anyone else's information concerning this Platform's market places other than as necessary to participate on this Platform and to complete any transactions in which you are involved.
OWNERSHIP OF DATA
When participating in any of this Platform's service, you may provide us with information about yourself and / or products and services listed. You grant Moris Media exclusive rights in all of this information, and all information derived or generated from it, in all existing or future media. These rights include but are not limited to the right to display your information anywhere on this Platform's services and media properties, to search the information, and, consistent with our privacy policy, to repackage and resell it to anyone for any reason. As used in this paragraph, information includes but is not limited to data, text, photographs, drawings, sound recordings, feedback, and any other information or data displayed or presented in connection with your listings on this Platform.
RIGHTS TO TERMINATE
You agree that Moris Media, in its sole discretion, may terminate any use of the Service / delete the listing immediately and without any prior notice.
RELATIONSHIP
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Moris Media and any User / Service Provider of the Platform.
FALSE INFORMATION
If at any point of time Moris Media finds that the information provided by you in your registration or web mail is false, Moris Media reserves the right to terminate your contract and services/account .
FREE LOOK PERIOD
You have the right to review the Terms & Conditions and cancel your campaign on this Platform, within 7 working days from the date of your campaign going live. If you choose to cancel your campaign, your refund will be processed as per Refund terms listed under the 'Terms of Use'.
REFUNDS
Refund Service or booking fee
A booking fee excluding other applicable taxes may be collected by Moris Media for the transactions booked through the Platform. If at any time, the Users are not satisfied with the quality of the Service Provider, User may call raise grievance or call customer care toll free number of this Platform wherein the complaint will be noted for review. Moris Media holds the authority to decide if the booking fee should be refund for this compliant. Further, User will not have any right to claim or allege anything against Moris Media in respect of services provided/money collected for the Service.
In any case should you in any manner wrongfully or illegally detain any director, employee, affiliate, agent, representative or subcontractor of Moris Media, we shall be constrained to take all such actions including cancellation of the refund process. Any refund will stand forfeited without any further reference to you. This shall be in addition to and without prejudice to all our further remedies at law
Cancellation
User shall directly contact Moris Media for processing any requests pertaining to cancellation of bookings.
On receiving cancellation request, the refund shall be governed by the Refund terms mentioned in the Agreement. The cancellation request should be raised before a minimum of 24 hours before the scheduled time for performance of service. For any requests that are not raised before 24 hours, the cancellation of bookings is non-refundable.
REFUND OF TRANSACTION PAYMENT - SERVICE PROVIDER
Moris Media refund policy:
Moris Media is not obligated to refund to you any amounts or fees paid by you while placing the order, except solely in the event you cancel or terminate your subscription within the ‘seven days from the date of activation of campaign following your agreement to purchase a service package. You authorize Moris Media to charge you for any sales or similar taxes that may be imposed on your payments, lead fees, or any other fees charged by Moris Media. Moris Media strives to ensure all on boarded customers are provided the best service, but in the remote cases where the customer wants to cancel the campaign and seek a refund:
In case of any rejected and/or non-activated campaigns, Moris Media will make best effort to process the refund within a period of 15 days (Fifteen days) from date of clearance of payment.
For activated campaigns, refund will be processed as follows.
1. Refund request submitted within 07 days from the date of campaign activation
You have the right to review the Terms & Conditions and cancel your campaign on this platform. If you choose to cancel your campaign within 7 days from the date of your campaign going live., your refund will be processed without deductions on the paid amount. Moris Media, subject to terms and applicable polices shall offer complete available amount towards refund to the customer if the refund request is raised within 7 days from the date of activation of the campaign.
2. Refund request submitted after 7 days , but within 30 days from the date of campaign activation
In case of any refund request raised after a period of 7 days and within 30 days from the date of activation of campaign, Refund amount shall be calculated after deducting - 20% of the Net Cleared Amount towards cancellation charges and deduction of served value (tenure/ leads/ Responses/ Monthly platform charges & Gift vouchers Delivered, Moris Media Bonus), if any.
Net Cleared amount refers to balance available against the Campaign after deduction of GST /other applicable taxes. Bonus amount provided by Moris Media under the engagement shall not be used for calculation of net cleared amount.
3. Refund request submitted after 30 days from the date of campaign activation
No refund requests shall be accepted by the company, after completion of 30 days from the date of activation of the campaign.
All/any requests for refund shall be in writing and shall be communicated to customer care team of the company by email to 'hello@morismedia.in’ from registered email id of the customer. No other modes of communication for refund shall be accepted by the company. All refunds will be processed through cheque except for payment made via cards or net banking, in such cases, refund will be processed to the customer’s card account / bank account.
FEES; PAYMENT TERMS; ACCOUNT CANCELLATION.
Madurdaha, Kolkata,
West Bengal, India -700107
You must cancel your subscription before it renews in order to avoid billing subscription fees for the renewal term to your credit card.
5.4. Limited License to Moris Media Users. Subject to your strict compliance with this Agreement, Moris Media grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to use the Content available on Moris Media (the “Moris Media Content”) as described below. You may:
Except as expressly provided in this Section 5.4, you may not post or otherwise distribute Moris Media Content (e.g. via hard copy, email, and/or posting on intranet, company bulletin boards or other information storage & retrieval systems). The foregoing limited license (A) does not give you any ownership of, or any other intellectual property interest in, any Moris Media Content, and (B) may be immediately suspended or terminated for any reason, in Moris Media’s sole discretion, and without advance notice or liability.
APPLICABLE LAW AND DISPUTE RESOLUTION
If any dispute, controversy, or claim arises out of, or in relation to, or in connection with this Agreement or its termination or validity, the parties shall attempt to mutually resolve the same through mediation.
However, if the parties fail to resolve the above dispute within a period of 30 days, the same shall be referred to arbitration under the Arbitration and Conciliation Act, 1996.
The arbitration shall be conducted by a sole arbitrator, appointed by Moris Media. The place of arbitration shall be in Kolkata, India and it shall be conducted in English.
The award of the arbitrator shall be final, conclusive, and binding upon the parties
The courts in Kolkata, shall have exclusive jurisdiction in relation to any dispute arising between the User and the Service Provider with Moris Media.
The User and Service Provider agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this Platform or these Terms and Conditions must be filed within one (1) year. Any claim or cause of action which may arise or is filed after a period of one year from the date of transaction shall not be entertained and shall be barred.
MORIS MEDIA PROVIDES THE SOLUTION AND THE DATA TO LICENSEE, ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, MORIS MEDIA DOES NOT WARRANT THAT THE SOLUTION, THE DATA, OR ANY SERVICES RELATED THERETO WILL BE DELIVERED OR PERFORMED ERROR-FREE OR WITHOUT INTERRUPTION. MORIS MEDIA OPERATES AS A SEARCH PLATFORM. MOST OF THE INFORMATION IT PROVIDES IS NOT CREATED DIRECTLY BY MORIS MEDIA, BUT IS RETRIEVED FROM THE WEB OR FROM THE CONTRIBUTION OF RELEVANT DATA FROM OTHER USERS AND BUSINESS PARTNERS, AND AS SUCH, MORIS MEDIA AND ITS CONTENT PROVIDERS SHALL NOT HAVE ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY DATA PROVIDED THROUGH USE OF THE SOLUTION. LICENSEE ASSUMES ALL RESPONSIBILITY AND RISK FOR LICENSEE’S USE OF THE SOLUTION AND THE DATA.
Rewards and Points system for Users
User Terms-Booking Model
The following terms constitute a legally binding agreement ("Agreement") between you and Moris Media Moris Public Relations (PR), Moris Club, Moris Gigs (Moris Media) governing use of www.morismedia.in and related mobile applications (together referred to as "Platform") and any transactions performed in the platform. Moris Media matches needs of users with that of service providers and acts as an intermediary in need fulfillment process. This is an agreement between you as the user of the Platform and Moris Media ("Moris Media"). The expressions "You" "Your" or "User(s)" refers to any person who accesses or uses the platform for any purpose and we," "us," "Company" or "our" refers to entity that you are contracting for the service i.e Moris Media Moris Public Relations (PR), Moris Club, Moris Gigs
By subscribing to or interacting with other User(s) on or entering into negotiations in respect of need or subscribing to any services on or using the platform in any manner for any purpose, You undertake and agree that You have fully read, understood, and accepted the Agreement.
If you do not agree to or do not wish to be bound by the Agreement, You may not access or otherwise use the platform in any manner. This Agreement applies to any person who accesses or uses the Web Site for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the Web Site, under actual or apparent authority. User(s) may use this Web Site solely for their commercial/business purposes.
This Agreement applies to all services offered on the Web Site and by Moris Media, collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on the Web Site. In the event of any conflict or inconsistency between any provision of this Agreement and any additional terms and conditions applicable in respect of any service offered on the Web Site, such additional terms and conditions applicable in respect of that service shall prevail over this Agreement.
1.Terms of Usage
Users of this service are responsible for all aspects of the transactions in which they choose to participate. Moris Media requires a user to register before posting a service need requirement or uploading any content on the platform. Moris Media does not review or authenticate all listings, items, or services offered for sale. Moris Media has no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of Service Providers to service the need or the ability of executive to perform the services as per users need requirements. Therefore, users of this service should be aware that:
User agrees that and accept exclusions and inclusions under scope of service as displayed at the time of placing the order in the platform. User accepts that, Moris Media shall not be held liable for any change in exclusions and/or inclusions by the service provider at the time of rendering the services booked through the platform.
Service Providers and users are completely responsible for working out the sale and exchange of goods or services. Moris Media is not responsible for any non-performance or breach of any contract entered into between the users and Service Providers. Moris Media cannot and does not guarantee that the respective service provider will perform any transaction concluded on the Moris Media portal.
Both user and Service Provider do hereby agree that Moris Media shall not be required to mediate or resolve any dispute or disagreement that might arise between the parties out of these transactions.
Service Providers and users are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate.
Service Providers and users are responsible for all applicable taxes and for all costs incurred towards any transactions emanating platform. Service Providers and users are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate
Moris Media will not be liable for damages of any kind incurred to any parties as a result of the information contained in Moris Media website. Users shall not use or manipulate this service for any fraudulent activity or purpose. Items or services offered for sale must comply with applicable laws. Moris Media disclaims any and all responsibility or liability for any harm resulting from your use of third party Services, and you hereby irrevocably waive any claim against Moris Media with respect to the content or operation of any third party services.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services.
You agree to comply with the terms of use and acknowledge that Moris Media reserves the right to terminate your account or take such other action ( including legal remedies) as deemed fit if you commit breach of any terms of use.
User agrees that Moris Media is a platform, indemnifies Moris Media, its employees, officers, agents and directors from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with transactions or disputes. We do not control the information provided by other users that is made available through our system. Users may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense for your own safety. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals.
It is confirmed and acknowledged by the user that, all/any information provided by the user, including name, age, contact details and other details to Moris Media are accurate and can be used and forwarded by Moris Media to Service Provider(s). Any such act, committed by Moris Media shall not constitute a violation of privacy or other rights of the user.
At no time shall Moris Media have any obligations or liabilities in respect of all/any transaction entered into between the user and Service Provider. Moris Media is not responsible for unsatisfactory or delayed performance of services or damages, if any incurred during service.
Moris Media does not make any kind of warranties or representation on delivery, service, quality, suitability and availability of services in the website.
Moris Media shall not be responsible for any loss or damage whatsoever that may be suffered or any personal injury that may be suffered to a user, directly or indirectly by use or non-use of services mentioned in the website
Prices mentioned (if any) on the Moris Media portal are subject to change. Users are advised to check with Service Provider for the final price and additional charges applicable, any. Users agree that they shall directly negotiate with service provider in case of change of rates and make payments towards all outstanding dues.
User(s) agree to fully assume the risks of any transactions ("Transaction Risks") conducted on the basis of any content, information or any other material provided on the platform and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction.
Notwithstanding anything expressed hereinabove, the maximum liability for Moris Media Moris Public Relations (PR), Moris Club, Moris Gigs under this terms of use or otherwise shall be the refund of the money collected from you for any specific service, under which the liability arises.
In no event shall Moris Media Moris Public Relations (PR), Moris Club, Moris Gigs be liable to both user and customer on account of booking, use, misuse or reliance on the portal: for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from [A] the use or the inability to use our services or access content, [B] the cost of procurement of substitute goods and services resulting from transactions entered into through or from Moris Media, [C] the unauthorized access to or alterations of your transmissions or data, [D] statements or conduct of any third party on the service, or [E] any other matter relating to the service, even if Moris Media, has been advised of the possibility of damages arising out of or connected with the use (or inability to use) or performance of the portal, reliance upon or performance of any material contained in or accessed from any portal. Moris Media Moris Public Relations (PR), Moris Club, Moris Gigs does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product or process disclosed on the portal or other material accessible from the portal.
2.Payment
Pricing for the services will be as described on the respective page of platform.
Users shall be provided with the option to book the service by paying a percentage of payment in advance through the platform.
The Payment Services may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. Moris Media is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Moris Media of such Third-Party Services.
You represent and warrant that: (i) neither you nor the service location is/are located or take place in a country that is subject to an Indian embargo, or that has been designated by the Indian Government as a "terrorist supporting" country; and (ii) you are not listed on any Indian Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
Moris Media reserves the right to modify these Payments Terms at any time subject to this clause. If we make changes to these Payments Terms, we will post the revised Payments Terms on the Platform and update the "Last Updated" date at the top of these Payments Terms. You are requested to check and verify that you are in agreement with any/all changes.
You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. Moris Media is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
3.Cancellation
User agree and accept that any service booked for the platform cannot be cancelled under any circumstances. User agrees and accept that any booking fee or such other amount paid in Moris Media platform towards booking of service is non-refundable.
4.Disclaimers
If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided "as is", without warranty of any kind, either express or implied.
Notwithstanding Moris Media's appointment as the limited payment collection agent of Service Providers for the purposes of accepting payments from Users through the Moris Media's Platform, Moris Media explicitly disclaims all liability for any act or omission of any Service Provider or other third party. Moris Media does not have any duties or obligations as agent for each Service Provider except to the extent expressly set forth in applicable Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
If we choose to conduct identity verification on any Service Provider and/or User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Service Provider/ User or guarantee that a Service Provider/ User will not engage in misconduct in the future.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
5.Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend, indemnify, and hold Moris Media and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) Moris Media's Collection and Remittance of applicable Taxes; or (iv) your breach of any laws, regulations, or third-party rights.
6.Limitation of Liability
Neither Moris Media nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other users or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Moris Media has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Service Providers pursuant to these Payments Terms, in no event will Moris Media' aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed or Indian Rupees Two hundred only (INR 200/-), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Moris Media and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the India., this does not affect Moris Media' liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
7.Applicable Law and Jurisdiction
This Agreement shall be governed exclusively by the laws of India. Any action brought hereunder shall be brought exclusively in the courts in Kolkata, and both parties hereby consent to the jurisdiction of such courts and to such venue, which both agree is convenient.
Any dispute or difference arising out of, or in connection with, your usage of platform or the breach thereof which cannot be amicably settled between User and Moris Media (including through alternative dispute resolution procedures as may be agreed to by the Parties) shall be arbitrated in accordance with the Indian Arbitration and Conciliation Act, 1996 or any statutory enactment or re-enactment in force. The seat of the arbitration shall be Kolkata, West Bengal, India. A Sole arbitrator appointed by Moris Media shall conduct the arbitration proceedings, whose reward shall be final. The language of the arbitration shall be English. Outside India, the Parties agree to go through Alternative Dispute Resolution (ADR) procedures, arbitrated in accordance with the UNCITRAL Arbitration Rules as at present in force.
Any resulting arbitral decision shall be final and binding on both parties. Judgment upon any arbitration award may be entered in any court having jurisdiction thereof. Such judgment shall be in lieu of any other remedy.
Please note that the clauses of this agreement along with applicable policies placed in the platform can be changed/altered over time. Users are advised to regularly check our privacy statements for such updates and ensure that they do are in agreement with changes and updates. The Agreement read with terms of use, copyrights policy, Privacy Policy and such other policies placed in the platform constitute the entire agreement between the User(s) and Moris Media with respect to access to and use of the Moris Media, superseding any prior written or oral agreements in relation to the matters described hereinabove.