Terms & Conditions

Legal Information
These Terms of Service (ToS) are an agreement between Admark Multiventures Pvt Ltd.
(“ Admark Multiventures Pvt Ltd ”, which term shall, unless it be repugnant to the context
or meaning thereof, be deemed to mean and include all its affiliates, subsidiaries,
successors and permitted assigns) and any Person who is a user/browser/accessed to
the Site, (User), whether or not registered, of any of the services available on the this
website (Site). The term 'Person' shall mean and include any individual, corporation,
partnership, limited liability company, trust, joint stock company, business, limited
liability partnership, trust, unincorporated association, Hindu undivided family, joint
venture, organization similar to the foregoing, governmental authority or other entity of
any nature whatsoever.
These ToS shall be read in conjunction with all amendments, additional terms, Privacy
Policy, or any other terms that govern the services provided through this product from
time to time (together, the Service Agreements).
I.REGISTRATION
(a) The User, upon registration and successful completion of the registration
formalities/payments (Registration) may avail the use of the paid services on the Site,
including the use of APIs and the platform (collectively, referred to as the Services).
Registration implies acceptance of the terms of the ToS, additional terms and Privacy
Policy as may be in force from time to time, including the terms of payment as may be
applicable at the relevant time or at any time thereafter.
(b)The User hereby declares and agrees that

(i) all information (including personal
information) provided by the User during Registration is true, genuine and accurate and
that the User shall ensure that all such information is current, complete, and true at all
times;

(ii) the User shall maintain and update the User's registration data, in order to keep
such data current, complete and true (iii) the User represents that he/she is of legal age
(if the User is an individual) and has the requisite legal standing to form a binding
contract with Admark Multiventures and is not a person barred from receiving Services
under the laws of India or other applicable jurisdiction.
(c)All personal information provided by the User in order to accomplish Registration
shall be treated in accordance with the Privacy Policy as may be applicable from time to
time.
(d)Upon Registration, the User will be provided a private account (User Account) and a
username and password for such User Account. The User shall be solely responsible for
the use and activities conducted through such User Account. The User acknowledges that,
in order to regulate access to the Service, his/her authentication depends on the

verification of the correct username and password. The User acknowledges and accepts
that the User is solely responsible for safeguarding the confidentiality of his/her User
Account information (including password(s) and user name(s)) and for any use or misuse
of his/her User Account and/or the Site resulting from any third party using a password
or user name issued to such User. The User agrees to notify Admark Multiventures Pvt
Ltd. immediately of any known or suspected unauthorized access to or use of the User's
Account, or any other breach of security or misuse of the Site known to or suspected by
the User and that Admark Multiventures Pvt Ltd. is not responsible for fraud of any
person or of other Users of the User's Account.
(e)The User accepts and acknowledges that usage of Credits, if any, granted free of charge
by Admark Multiventures Pvt Ltd, to the User at the time of Registration or at any other
time shall also be subject to the all the terms and conditions of the ToS and other Service
Agreements.
II.USAGE
A.General Conditions of Service
1.General Terms
(a)User acknowledges that the Services provided herein are restricted to India territory
and to the recipients in India only.
(b)The User acknowledges and accepts that Admark Multiventures Pvt Ltd may, at its sole
discretion, deactivate the User's password and/or User Account, or suspend the User's
access to any Service without notice at any time. Further, Admark Multiventures Pvt Ltd,
reserves the right to remove or cancel any of the Content or prevent the distribution of
any Content, without notice and without being obliged to provide any explanation for the
same. The User hereby authorizes Admark Multiventures Pvt Ltd, to rely on any data,
notice, instruction or request furnished by the User to Admark Multiventures Pvt Ltd, or
that Admark Multiventures Pvt Ltd reasonably believes to have been furnished by such
User.
(c)The User acknowledges and agrees that Admark Multiventures Pvt Ltd, acts merely as
a facilitator in respect of the Services and shall not be liable or responsible in any manner
whatsoever for the Content or any other aspect of such Service.
(d)The User agrees that Admark Multiventures Pvt Ltd reserves the right to refuse, deny
or otherwise restrict the use of the Services by any User, including the right to terminate
the use of any Services by any User without notice at any time for any reason as Admark
Multiventures Pvt Ltd in its sole discretion may deem sufficient, or without
reason. Admark Multiventures Pvt Ltd shall not be liable in any manner whatsoever for
such refusal, restriction or termination of the use of any Services by a User at any time.
(e)The User agrees that unless otherwise indicated, any modification of the Services
which alter the way in which the Service can be used and/or the launch of new Services
will be subject to, and therefore regulated by the ToS and other relevant Service
Agreements.
(f)The User acknowledges and agrees that his/her access to and use of the Site, and any
and/or all of the Services of, is at the User's own risk. The User acknowledges that the
Service is dependent on telecommunications companies and mobile network providers
(Operators) and Admark Multiventures Pvt Ltd makes no guarantees of any kind

regarding the dependability, accuracy, security, timeliness or availability of the Site
network, or Services. Without limiting the foregoing, Admark Multiventures Pvt Ltd does
not make any representations or warranties about the condition, suitability, reliability,
availability, completeness, security, timeliness, or accuracy of the information, Software,
Services and materials contained on the Site for any purpose. All such information,
Software, Services and materials are provided "as is" without warranty of any kind.
Admark Multiventures Pvt Ltd, hereby disclaims all representations, warranties and
conditions, express or implied, with regard to this information, Software, Services or
materials, including all implied warranties and conditions of merchantability, fitness for
a particular purpose, title and non-infringement.
(g)The User acknowledges and agrees that it shall be solely responsible for ensuring all
compliances with the Telecom Regulatory Authority of India's (TRAI) Telecom
Commercial Communications Customer Preference Regulations, 2010 (TRAI
Regulations) and any and all other regulations, statutes, orders, decisions or law in force
from time to time which may be applicable to the use of any of the Services (Law). The
User acknowledges and agrees that it shall be solely liable, directly or indirectly, for all
damage or loss caused or alleged to be caused to Admark Multiventures Pvt Ltd, by or in
connection with any misuse of the Services provided by the Company with respect to
pushing any unsolicited commercial communications to subscribers and for any and all
other violations of the provisions of the TRAI Regulations or Law.
(h)The User hereby agrees to defend, indemnify and hold harmless and agrees to
continue to keep indemnified Admark Multiventures Pvt Ltd, its affiliates, directors,
officers, employees etc. without any demur or protest, against any/all losses, damages,
actions, proceedings including but not limited to legal expenses with respect to violation
of these ToS, or any third-party's rights, (including, without limitation, infringement of
any copyright, violation of any proprietary right and invasion of any privacy rights) and
also in respect to any action taken by any regulatory body or the Operator or any third
party with respect to the misuse of the Services availed from the Company including but
not limited to, for the breach of any of the provisions of the TRAI Regulations or breach
of Law or for any other reason whatsoever. The User acknowledges and agrees that these
obligations will be binding on the User during the entire term of the use of any and/or all
of the Services and shall survive any termination of the User's relationship with Admark
Multiventures Pvt Ltd or use of the Site.
(i)The User acknowledges that Admark Multiventures Pvt Ltd ,does not assume any
implicit or explicit responsibility for the Content stored and/or published by the User
through the Site. The User further accepts and agrees that all declarations and opinions
expressed by the User are the sole declarations and opinions of such User and do not
necessarily represent Admark Multiventures Pvt Ltd’ opinions. Any person who believes
that any Content stored and/or published on the Site or distributed through the Site by
any User infringes any law, is kindly requested to contact Admark Multiventures Pvt
Ltd at the following email address support@admarksolution.com.
(j)The User acknowledges and agrees that all software utilized in connection with the
Services (Software) is owned by Admark Multiventures Pvt Ltd (and its group
companies) and is protected by the applicable Intellectual Property Laws of India and
laws of any other jurisdiction in which such Software is used as may be in force from time
to time. The User agrees that it shall not, directly or indirectly, copy, modify, create
derivative works, and in any way try to discover the source codes of the Software, sell

license or transfer to the third parties any right on the Software. Further the User shall
not have any rights over the Software in any manner. The User shall not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information, Software, services or benefits obtained from
the Site, except as expressly provided herein. The User further agrees that the User shall
not reproduce or redistribute any Software and that the User shall not copy or reproduce
the Software to any other server or location for further reproduction or redistribution.
The User agrees that it shall not decompile, disassemble, reverse engineer or otherwise
attempt to discover any trade secret contained in the Site or in any product, Service or
Software provided through the Site.
(k)The right to use any Service is limited only to the User. Where the User is a Company,
such right shall include its employees, provided that any contraventions by the
employees of such Company of the provisions of the ToS or any Service Agreement shall
be deemed to be violations by the Company and accordingly for the purposes of the ToS
and/or any Service Agreements, the Company shall be liable to Admark Multiventures
Pvt Ltd for all such contraventions.
(l)The User agrees that the User shall not use a name in connection with using any of the
Services that is confusing or misleading, or otherwise impersonate or deceive anyone
with respect to its identity. The User further agrees that the User shall not restrict or
inhibit any other User from using and enjoying such other User's rights in the Site or in
respect to any Service and should not interfere with or disrupt the Site or servers or any
network connected to the Site.
(m)The User agrees and accepts that the User shall not use any of the Services through or
in connection with the Site to:
(i)rent, lease, license, grant a security interest in, or otherwise transfer the User's rights
hereunder to any third party unless otherwise expressly agreed by Admark
Multiventures Pvt Ltd ;
(ii)defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or
otherwise violate or infringe the legal rights (including the rights of privacy and publicity)
of any other person;
(iii)conduct, promote or forward illegal contests, pyramid schemes, chain letters,
unsolicited or unauthorized advertising, unauthorized promotional materials,
unsolicited e-mail ( including "spamming") or multi-level or illegal marketing campaigns;
(iv)harm minors in any way;
(v)publish, post, distribute, disseminate, advertise or link to any content, site, topic, name,
material or information which is illegal, inappropriate, profane, defamatory, libelous,
slanderous, infringing, obscene, indecent, or which contains nudity or adult content;
(vi)software, content or other material protected by intellectual property laws, copyright
licenses, rights of privacy or publicity, or other proprietary rights, unless the User owns,
or controls such rights or has received all necessary consents for the publication,
distribution, or linking of such software and other materials;
(vii)software, content or other material that contains viruses, worms, corrupted files,
cracks or that may or are intended to damage the operation of or render inoperable
another's computer, hardware, software, security measures or system or other programs

written to defeat the security measures of any computer, system or programs including
any hardware or Software of Admark Multiventures Pvt Ltd ;
(viii)software, content, or other material that constitutes "hate speech", whether directed
at an individual or a group, and whether based upon the race, sex, creed, national origin,
religious affiliation, sexual orientation or language of such individual or group;
(ix)sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for
marketing, sales, promotion, facilitation or distribution of: firearms; explosives;
ammunition; liquor; tobacco products; illegal gambling (including gambling in
connection with sporting events); food that is not packaged or does not comply with all
applicable laws for sale to consumers by commercial merchants; illicit drugs,
pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any
goods or services that infringe or otherwise violate a third party's rights including
copyright, patent, trademark, or rights of publicity or privacy; goods that are considered
indecent, obscene or pornographic; registered or unregistered securities; goods or
services that the User cannot legally sell; goods which are misrepresented or which do
not in fact exist; fraudulent goods; goods, services or activities that if sold via any of the
Services site would cause Admark Multiventures Pvt Ltd to violate any law, statute or
regulation; or any other illegal activity;
(x)harvest or otherwise collect information about third parties, including e-mail
addresses, without the express consent of such third parties;
(xi)violate any applicable government laws or regulations.
(n)The User agrees that the Services are provided by Admark Multiventures Pvt
Ltd, without any implicit or explicit warranty and no advise, suggestion, help, written or
verbally, provided by Admark Multiventures Pvt Ltd to the User, shall imply any
warranty from Admark Multiventures Pvt Ltd. Admark Multiventures Pvt Ltd cannot be
held responsible of any harm coming from the inability to access or use any of the
Services, or for the loss of any Content of the User or for any other loss suffered by the
User as a result of using the Services. The User agrees and acknowledges that it shall be
the sole responsibility of the User to keep a copy of the Content. Admark Multiventures
Pvt Ltd declines any responsibility whatsoever for any harm coming from the inability to
access the Services, viruses, damaged files, errors, interruption of any of the Service,
network problems, non-authorized access, modification of data, merchantability and
fitness for a particular purpose or for any other claim whatsoever of a similar
nature. Admark Multiventures Pvt Ltd reserves the right to modify any and/or all the
Services at any time, even without notice to the User.
(o)The User accepts and acknowledges that Admark Multiventures Pvt Ltd may change
any of the Services at any time and from time to time without notice, including
terminating the offering of any Service altogether. The User agrees that the User may at
any time be barred from accessing any of the Services or from using the Site or from
receiving any services or benefits from the Site, if Admark Multiventures Pvt
Ltd determines the User to have violated the ToS or any other Service Agreements, if any
representation or warranty made by the User is untrue in any respect or if Admark
Multiventures Pvt Ltd receives a court order or other legal action relating to the User
Account. In addition the User agrees that, if the User violates any of these ToS or any
applicable Service Agreement the User shall forfeit all Credits accrued to the User in

connection with the Site and there will be no refund of any fees prepaid by the User
to Admark Multiventures Pvt Ltd.
(p)The User acknowledges and agrees that links (if any) within the Site may let the User
leave the Site and that the linked sites are not under the control of Admark Multiventures
Pvt Ltd and that Admark Multiventures Pvt Ltd is not responsible for the contents or
operation of such linked sites or any link contained in such linked site, any changes or
updates to such sites, or Web casting or any other form of transmission received from
any linked site.
(q)The User acknowledges and accepts that Admark Multiventures Pvt Ltd shall not in
any event be liable for any direct, indirect, punitive, incidental, special, consequential or
exemplary damages or any damages whatsoever including, without limitation: damages
for loss of use, data, accounts, revenues or profits, arising out of or in any way connected
with the use or performance of the Site or any of the Services, or with the delay or inability
to use the Site or any Service and related graphics obtained through the Site; or otherwise
arising out of the use of the Site, whether based on contract, tort, negligence, strict liability
or otherwise, even if Admark Multiventures Pvt Ltd or any of its suppliers has been
advised of the possibility of damages. The User acknowledges that if the User is
dissatisfied with any portion of the Site, or with any of the ToS or any other Service
Agreement, the User's sole and exclusive remedy is to discontinue using the Site and its
related Services. It is clarified that in the event of such discontinuation, the User shall not
be entitled to receive any refund of monies paid by such User to Admark Multiventures
Pvt Ltd or make any other claims whatsoever against Admark Multiventures Pvt Ltd.
(r)The User confirms and declares that the Services are being availed by the User for itself
and the User is not an intermediary acting for and on behalf of a third party.
(s) Admark Multiventures Pvt Ltd reserves the right to suspend the services anytime with
or without notice in case of any order/direction by a Statutory Body (State or Central) or
Judiciary.
(t)You agree to receive promotional, transactional and commercial communications
from Admark Multiventures Pvt Ltd through email or SMS.
2. Content
(a)The User shall be responsible for all Content uploaded, displayed, transmitted or
otherwise used on this Site or published and/or distributed through this Site by such User
and Admark Multiventures Pvt Ltd shall have no responsibility or liability whatsoever in
respect of such Content. Admark Multiventures Pvt Ltd reserves the right, but is not
obligated, to monitor or to review the Content of the User and to monitor User's
compliance with the ToS. Admark Multiventures Pvt Ltd reserves the right in its sole
discretion to edit, refuse to post or remove any Content which, in the opinion of Admark
Multiventures Pvt Ltd violates the ToS or that Admark Multiventures Pvt Ltd for any
other reason may deem unfit or improper to be used on the Site, at any time without
notice to the User.
(b)The User represents and warrants that all Content uploaded or
distributed/transmitted through the Site by it is owned by such User, or that such User is
otherwise well entitled to display, sell, market or otherwise use such Content. Admark
Multiventures Pvt Ltd shall not be liable or responsible in any manner whatsoever in
respect of any dispute as to the ownership of such Content or in respect of any other

dispute, claim, etc. of any nature whatsoever in respect of such Content. The User further
agrees to indemnify and continue to hold indemnified Admark Multiventures Pvt
Ltd against any claims of any nature whatsoever in respect of the ownership and use of
all such Content.
(c)All Content uploaded or otherwise used on this site must conform to the content rules,
if any, provided by Admark Multiventures Pvt Ltd from time to time.
(d)The User acknowledges that Admark Multiventures Pvt Ltd does not sell the Content,
but rather provides a Service to transfer the Content supplied by the User from the web
to mobile and other devices. Admark Multiventures Pvt Ltd does not operate any control,
monitor, validation or verification over the Content of the User, and therefore cannot be
held responsible for the type of Content which can be found on its platform or transmitted
through the platform. However, Admark Multiventures Pvt Ltd shall not be responsible
or liable in any manner whatsoever for the authenticity, ownership, accuracy or for any
other claim whatsoever in respect of such Content.
3.Payment Terms
(a)The User agrees that Admark Multiventures Pvt Ltd reserves the right to charge the
User for use of any Services at the rate and in the manner as may be decided by Admark
Multiventures Pvt Ltd from time to time (Consideration). The User acknowledges and
agrees that Admark Multiventures Pvt Ltd shall have no obligation to justify the amount
of Consideration charged for any Service or be responsible or liable in any manner
whatsoever to the User in respect of such Consideration.
(b)The User shall pay Consideration for all Services through use of Credit Card, net
banking or offline mode by cheque or demand drafts against which Credits will be issued
which shall be utilized for availing Services subject to the terms and conditions for the
use of such Credits. The User shall pay Consideration in advance for the use of any
Services.
(c) Admark Multiventures Pvt Ltd shall not under any circumstances, be liable to refund
or otherwise return any money paid by a User for use of the Services, whether by way of
purchase of Credits or otherwise, except as specifically provided in these ToS.
(d)The Commercials mentioned here are subject to change/modification from time to
time depending on the change in commercials offered by Network Operator(s) and or
Statutory Body. Such changes shall be communicated to the registered e-mail ID
with Admark Multiventures Pvt Ltd or the same shall be communicated on the home
page of Admark Multiventures Pvt Ltd website.
4.Credits
(a)"Credit" means one (1) standard short message (SMS) of 160 characters which shall
be reflected in the User Account of the relevant User, and "Credits" shall be construed
accordingly. A standard text message is 160 characters long (SMS sent using the GSM 3.38
Character set). Users can send longer SMS of upto 918 characters which are split into
smaller SMS and later joined at the receiving end which is a mobile. In this scenario, SMS
length is calculated for 153 characters as 7 characters are used to concatenate the
message when it is delivered to the handset.
Unicode allows the support of a much wider character set, and includes most character
sets in the world, the standard length of a Unicode message is 63 characters (compared

to 160 for GSM). Long messages are supported for Unicode messages as well, and they
are in multiples of 63 (compared to 153 for GSM).
(b)Any Credit once bought cannot be refunded, encashed or otherwise redeemed by the
User except for the use of Services unless specifically stated otherwise in these ToS. If the
User opts to close his User Account all Credits accumulated in such User Account will
immediately thereafter expire and cease to be valid. If the User Account is closed
by Admark Multiventures Pvt Ltd in accordance with the rights granted to Admark
Multiventures Pvt Ltd under the ToS or any of the Service Agreements, all Credits
accumulated in the User Account of such User shall stand forfeited immediately. Admark
Multiventures Pvt Ltd shall not under any circumstances incur any monetary or other
liability to the User or any other person in respect of Credits expiration/forfeited as a
result of closure of the User Account.
(c)Credits may not be transferred between Users or from one User Account to another
User Account of the same User.
(d) Admark Multiventures Pvt Ltd reserves the right to refuse and/or cancel the sale of
Credits to any User based on its sole discretion.
(e) Admark Multiventures Pvt Ltd reserves the right to withhold the Credits of any User,
and/or to not permit such User to use such Credits for such period of time as Admark
Multiventures Pvt Ltd may in its sole discretion deem fit, in case if Admark Multiventures
Pvt Ltd observes that the User is misusing the Services (which includes but not limits to
spamming, phishing etc). User shall not use the services for any unlawful activity
(including but not limited to fraudulent transactions, fraudulent communications,
phishing, communication to an individual or a group of individuals with an intention to
commit any fraud or deceive them).
(f) Admark Multiventures Pvt Ltd reserves the right to confiscate any Credits of a User in
accordance with the provisions of this Agreement (Confiscated Credits). All Confiscated
Credits shall stand forfeited immediately and the User shall not have any further
monetary or other claim or right and Admark Multiventures Pvt Ltd shall have no
liability whatsoever in respect of such Confiscated Credits. Admark Multiventures Pvt
Ltd also reserves the right to amend the number of Credits based on the amendment in
the cost of each Credit due to change in commercials by Operator/Statutory Body with or
without intimation to the User.
(g) Admark Multiventures Pvt Ltd has the right to alter or vary any of the above
provisions and change its policies in respect of Credits in the manner that Admark
Multiventures Pvt Ltd may, in its sole discretion deem fit, without prior notice to the
User and Admark Multiventures Pvt Ltd shall not be liable in any manner whatsoever to
the User in the event of such alteration or variation of terms. The User is advised to review
the terms of use of Credits periodically so as to remain informed of changes, if any,
in Admark Multiventures Pvt Ltd policies in this regard.
5.Governing Law and Jurisdiction
The User and Admark Multiventures Pvt Ltd agree that these ToS shall be governed by
the laws of India. The User and Admark Multiventures Pvt Ltd agree that all disputes that
may arise from or in connection with theToS shall be subject to the jurisdiction of the
Courts of Mumbai, Maharashtra, India.

6.Miscellaneous
(a)The User agrees that if any provision of these ToS shall be held to be illegal, invalid or
unenforceable, in whole or in part, under any enactment or applicable Law, such
provision or part thereof shall to that extent be deemed not to form a part of these ToS,
and the legality and enforceability of the remainder of these ToS shall not be affected.
These ToS constitute the entire agreement between the User and Admark Multiventures
Pvt Ltd with regard to use of the Services and all other written or oral agreements or
understandings previously existing between the User and Admark Multiventures Pvt Ltd,
with respect to such use are hereby superseded and/or canceled. Admark Multiventures
Pvt Ltd failure, if any, to insist on or enforce strict performance of these ToS shall not be
construed as a waiver by Admark Multiventures Pvt Ltd of any provision or any right or
future right it has to enforce these ToS, nor shall any course of conduct between Admark
Multiventures Pvt Ltd and User or any other party be deemed to modify any provision of
these ToS. These ToS shall not be interpreted or construed to confer any rights or
remedies on any third parties.
(b)The User agrees not to represent himself/ herself to be a representative, agent, or
employee of Admark Multiventures Pvt Ltd and that Admark Multiventures Pvt Ltd will
not be liable by reason of any representation, act or omission to act by such User. The
User agrees that no joint venture, partnership, employment, or agency relationship exists
between the User and Admark Multiventures Pvt Ltd as a result of these ToS or use of
the Site.
(c)The User acknowledges and accepts that Admark Multiventures Pvt Ltd performance
of this agreement is subject to existing laws and legal process, and nothing contained in
these ToS are in derogation of Admark Multiventures Pvt Ltd right to comply with
governmental, court and law enforcement requests or requirements relating to the use
of the Site or information provided to or gathered by Admark Multiventures Pvt Ltd with
respect to such use.
(d) Admark Multiventures Pvt Ltd shall provide the services on best effort basis and it
takes no responsibility for the delay caused in the Services as the delivery is subject to
inter-operator dependencies.
Use of Service Numbers
(i)The User acknowledges that Admark Multiventures Pvt Ltd does not guarantee the
continued use of any Service Number and that use of such Service Number may be
discontinued at any time without notice to the User. If the Service Number of any User is
discontinued Admark Multiventures Pvt Ltd shall make all reasonable efforts to provide
such User with an alternate Service Number for the continuation of the Services
(Alternate Service Number).
(ii)The User agrees that if Admark Multiventures Pvt Ltd is unable to provide an
Alternate Service Number due to any reason whatsoever, Admark Multiventures Pvt
Ltd shall have the right to refund the proportionate amount of Credits paid by the User
for the use of the Service Number and such refund of Credits by Admark Multiventures
Pvt Ltd shall fully and finally settle all liabilities and claims whatsoever of the User in this
regard. The User further agrees that the liability of Admark Multiventures Pvt Ltd in the
event that Admark Multiventures Pvt Ltd does not provide an Alternate Service Number

to the User shall not under any circumstances be in excess of the proportionate amount
of Credits paid by the User in respect of the particular Service Number.
(e)Promotional Campaigns
In addition to the General Conditions of Service a User of any of the promotional campaign
services (Promotional Campaign) agrees to be bound by the following terms and
conditions:
(i)The User shall provide Admark Multiventures Pvt Ltd with a list of recipients (each a
Recipient and together the Recipients) of a Promotional Campaign and Admark
Multiventures Pvt Ltd shall, in accordance with the terms and conditions push the
relevant Promotional Messages to the gateway of the Operator for forwarding to the
Recipients.
(ii)The User agrees that Admark Multiventures Pvt Ltd shall only ensure that the
Promotional Messages are pushed to the gateway of the Operator through whom such
Promotional Messages are transmitted to the Recipients and that Admark Multiventures
Pvt Ltd shall not be required to take any further action and shall not bear any further
obligation in respect of such Promotional Messages. Admark Multiventures Pvt Ltd does
not guarantee the receipt of the Promotional Message by the Recipients and shall not be
liable in any manner whatsoever for the failure of delivery of the Promotional Messages
to any and/or all the Recipients.
(iii)The User represents and warrants that all the Recipients listed in the list of Recipients
provided to Admark Multiventures Pvt Ltd have consented to receive the relevant
Promotional Messages and that pushing of the Promotional Messages to such Recipients
shall not constitute a violation or breach of Applicable Law including the TRAI
Regulations . In the event that it is found that any of such Recipients has not consented to
the Receipt of such Content/ Promotional Message or has objected to the receipt of such
Content/Promotional Message for any reason whatsoever, all responsibility and liability
in this regard shall rest solely on the User and Admark Multiventures Pvt Ltd shall not be
responsible or liable in any manner whatsoever in this regard. The User agrees to
indemnify and continue to hold indemnified Admark Multiventures Pvt Ltd from any
loss, damage or claim whatsoever in respect of the sending of any Promotional Message
or use of any other Service to a Recipient who has not consented to the receipt of such
Promotional Message or other Service.
(iv)The User agrees that Admark Multiventures Pvt Ltd reserves the right, but is not
obliged, to filter all Promotional Messages and also reserves the right to not push any
and/or all Promotional Message to any and/or all Recipients for any reason as Admark
Multiventures Pvt Ltd may, in its sole discretion, deem fit. The User further agrees
that Admark Multiventures Pvt Ltd shall not be liable to the User or any other party in
any manner whatsoever in respect of such decisions taken by Admark Multiventures Pvt
Ltd to not push any and/or all the Promotional Messages to any and/or all the Recipients
and Admark Multiventures Pvt Ltd shall also not be liable in any manner whatsoever in
the event that it does not filter such Promotional Messages.
(v)The User agrees that the relevant Promotional Messages shall be pushed to the
gateway of the Operator within the specific time period pre-agreed to between the User
and Admark Multiventures Pvt Ltd.

(vi)The User acknowledges and agrees that it shall be solely responsible for ensuring all
compliances with the TRAI Regulations. The User acknowledges and agrees that it shall
be solely liable, directly or indirectly, for all damage or loss caused or alleged to be caused
to Admark Multiventures Pvt Ltd, by or in connection with any misuse of the Services
provided by the Company with respect to pushing any commercial communications to
subscribers and for any and all other violations of the provisions of the TRAI Regulations.
(vii)The User hereby agrees to defend, indemnify and hold harmless and agrees to
continue to keep indemnified Admark Multiventures Pvt Ltd , its affiliates, directors,
officers, employees etc. without any demur or protest, against any/all losses, damages,
actions, proceedings including but not limited to legal expenses with respect to any action
taken by any Statutory Body or the Operator with respect to the misuse of the Services
availed from the Company including but not limited to, for the breach of any of the
provisions of the TRAI Regulations during the entire period of the Promotional Campaign
and for all periods after the expiry or termination of the relevant Promotional Campaign.
(viii)The User agrees that if the User is desirous of terminating any Promotional
Campaign it shall provide a request in writing to Admark Multiventures Pvt Ltd for such
termination of the relevant Promotional Campaign (PC Termination Request) and
Admark Multiventures Pvt Ltd shall subsequent to receipt of such PC Termination
Request make all reasonable efforts to terminate the relevant Promotional Campaign at
the earliest. The User further agrees that despite making such PC Termination Request,
the User shall continue to be liable to make payments of all amounts due to Admark
Multiventures Pvt Ltd for Services provided between the time of receipt of PC
Termination Request by Admark Multiventures Pvt Ltd and the actual termination of
the relevant Promotional Campaign. If, due to any reason whatsoever, Admark
Multiventures Pvt Ltd is unable to terminate any Promotional Campaign, the User agrees
that it shall be liable to make all payments to Admark Multiventures Pvt Ltd in respect
of such Promotional Campaign as if no PC Termination Request had been made by the
User. Nothing contained above shall cause or imply any liability of Admark Multiventures
Pvt Ltd to the User and the User agrees that it shall indemnify and continue to hold
indemnified Admark Multiventures Pvt Ltd in the manner prescribed in the ToS.
(f) For Affiliate Partners and Dual Brand Partners - The entire liability of Admark
Multiventures Pvt Ltd for the reasons directly attributable to it and your exclusive
remedy for any dispute/difference in connection with the Affiliate Program and the Dual
Brand Program shall in no event exceed the applicable Commission payable to You.
(g) Fair Use: The user shall not send more than 100 SMS per day via Email2SMS. The limit
is not applicable for dedicated channel users.
B.APIs
In addition to the General Conditions of Service any User of API Services shall be bound
by the following terms and conditions:
(i)The User acknowledges and undertakes that the User shall not have rights over any
API offered by Admark Multiventures Pvt Ltd for the User to enhance the options for
utilization of Services and such API shall belong to Admark Multiventures Pvt
Ltd . Admark Multiventures Pvt Ltd has disclosed the API only for the purpose for
utilization of Services by the User. The User undertakes and agrees that it shall not, except
with the prior written consent of Admark Multiventures Pvt Ltd : (i) allow or in any

manner facilitate or permit the utilization of any APIs by any person other than the User;
(ii) develop/create/build any product or service using one or more of the APIs to be used
except by the User; (ii) redistribute or reuse any APIs or distribute or sell any products
or services developed using any APIs. The User acknowledges and accepts that if it wishes
to undertake any of the actions stipulated in (i), (ii) or (iii) above, the same would be
subject to the prior written consent of Admark Multiventures Pvt Ltd and subject to
specific additional terms and conditions stipulated by Admark Multiventures Pvt Ltd , in
its sole discretion, in this regard.
(ii)The User acknowledges and agrees that it shall be solely liable, directly or indirectly,
for all damage or loss caused or alleged to be caused to Admark Multiventures Pvt Ltd ,
by or in connection with any misuse of the API or due to use of any API other than in
accordance with the terms specified herein.
(iii)The User hereby agrees to defend, indemnify and hold harmless and agrees to
continue to keep indemnified Admark Multiventures Pvt Ltd , its affiliates, directors,
officers, employees etc. without any demur or protest, against any/all losses, damages,
actions, proceedings including but not limited to legal expenses with respect to any action
taken by any Statutory Body or the Operator with respect to the misuse of the API
including but not limited to, for the breach of any of the provisions of the TRAI
Regulations or any other Law for the time being in force.
7. Release:
User hereby releases Admark Multiventures Pvt Ltd , as well as Admark Multiventures
Pvt Ltd affiliates, founders, directors, employees, subsidiaries, or other legal
representative from any claims, demand, damages or other legal action which may arise
from Member’s dispute with any person.
8.Intellectual Property Ownership:
As between Admark Multiventures Pvt Ltd and User, Admark Multiventures Pvt
Ltd will have and retain ownership of all right, title and interest to technology and
intellectual property developed by Admark Multiventures Pvt Ltd , its Affiliates and their
personnel, whether or not relating to the Patent Rights and Technology.
9.Survival:
Any provisions of this agreement which by its terms imposes continuing obligation on
User shall survive termination of this agreement.
10.Severability:
If any part of this agreement becomes invalid, illegal, or unenforceable such provision
shall be severed from this agreement and the parties shall in such an event negotiate in
good faith in order to agree the terms of a mutually satisfactory provision to be
substituted for the invalid, illegal, or unenforceable provision which as nearly as possible
gives effect to their contractual intentions as expressed in this document.
11.Dispute Resolution and Governing Laws:
The parties shall endeavor to resolve any dispute or difference arising from this
AGREEMENT or any transaction or performance or non-performance under this
AGREEMENT, by mutual discussion. Any such dispute or difference, which cannot be so
resolved within a period of 30 days then all claims and disputes arising under or relating

to this Agreement are to be settled by binding e-arbitration. With an objective resolve the

dispute, PDR ORGANIZATION PRIVATE LIMITED (PrivateCourt) shall conduct the e-
arbitration and the parties shall be bound by any and all rules of PDR ORGANIZATION

PRIVATE LIMITED (PrivateCourt) and any award/decision rendered. Any such
arbitration shall be conducted by an experienced arbitrator/lawyer (to be appointed by
PDR ORGANIZATION PRIVATE LIMITED (PrivateCourt)) and shall include a written
record of the arbitration hearing. Any decision or award as a result of any such arbitration
proceeding shall be in writing and shall provide an explanation for all decisions. An award
of arbitration may be confirmed/executed in a court of competent jurisdiction. The seat
of arbitration shall be Mumbai. Entire Arbitration proceeding will be conducted online
through e-filing and video conferencing and award will be provided in physical form on
appropriate stamp paper.
12.Force Majeure:
Admark Multiventures Pvt Ltd shall not be liable for any delays or failures in performance
resulting from acts beyond its reasonable control including, without limitation, acts of
God, acts of war or terrorism, shortage of supply, breakdowns or malfunctions,
interruptions or malfunction of computer facilities, or loss of data due to power failures
or mechanical difficulties with information storage or retrieval systems, labor difficulties
or civil unrest. Not with standing the foregoing, in the event of such an occurrence, each
party agrees to make a good faith effort to perform its obligations hereunder.
13.Heading:
Heading to this agreement are for convenience only. Heading shall not in way affect the
provisions themselves and shall not in any way construed in any way that would limit or
otherwise affect the terms of this agreement.

Last updated on 27 Jan, 2022