Service Provider Terms of Use


1. INTRODUCTION

The following terms, in addition to the RAMUKAKA User "Terms & Conditions" ("RAMUKAKA User T&C's"), govern your use of RAMUKAKA Services. The Services of facilitating online sale and purchase of products and services offered by RAMUKAKA through various affiliate/ registered business points/vendors/service providers is provided by Ramukaka Info Services Pvt. Ltd., having its registered office at Ramukaka Info Services Private Limited, H.NO: 1-90/7/V/22/2, Flat No.403, Vibrant Residency, Pathrika Nagar, Serilingampally Mandal, R.R. Dist, Hyderabad 500081 (referred hereinafter to as, "RAMUKAKA", "we" or "us” which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors and permitted assigns. RAMUKAKA through multiple platforms i.e. website (www.ramukaka.com) & mobile app (collectively referred as “RAMUKAKA Platform”) carries on the business which connects customer and service providers to avail various products and services. Your use of these services means you have accepted these terms and your continued use of these services means you are consenting to any updates.

RAMUKAKA and Service Provider may be referred to as the "Party" individually and as the "Parties" collectively, as the context may require.

2. DEFINITIONS

Service Provider - "You" or "Your" or "seller" or "establishment" or "service provider" or "vendor" refers to you, as a Service Provider of RAMUKAKA. Service Provider shall mean any natural or legal person accessing or using the Website to list their services on the Website; and who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872; and in the case of an entity, the individual acting on its behalf, and who is authorised to act on behalf of the entity and bind the entity to these Terms

Content - Information that Service Provider upload, transmit, share or display through RAMUKAKA, (collectively referred as “Contents”) including but not limited to any photos, profiles (including Your name and image), messages, information, text, video, music, and third party links.

3. SCOPE OF SERVICES
  1. These Terms of services ("Terms") and RAMUKAKA User T&C's, set forth the Terms and conditions under which you have given consent to list your services on RAMUKAKA platform. ii. These Terms shall come into effect post receipt of registration with RAMUKAKA and accepting the Terms of this agreement.
4. CREATION OF AN ACCOUNT
  1. In order to use services provided by RAMUKAKA, you may first be required to provide certain details through the RAMUKAKA Platform, including but not limited to your name, address, mobile phone number, email address, photographs, User name, password, geographical location, Individual identity proof (Aadhar card) photocopy, Photo ID (Pan card, voter ID, ration card or driving license), Business ID being PAN card, Emergency Contact details including two personal references, two professional references, List of services and skills possessed by you, Records and Profile to create an account that can subsequently be used to avail of the Service.
  2. Further, subsequent to the creation of an account, you will have the option of uploading / publishing / posting pictures and descriptions of the services offered which you wish to provider to the User. Your mobile number will be the unique ID number.
    1. CONTENT - You hereby grant RAMUKAKA a non-exclusive, royalty-free, worldwide right and license by all means and in any media to use, reproduce, distribute, modify for technical purposes, publicly display and digitally display your content. You agree that You shall bear all responsibility and liability for any and all claims related to the Content displayed on RAMUKAKA Platform as a part of your Business data. You further agree that RAMUKAKA shall have no liability for any and all claims that relate to any Advertising Content, copy, data or text that is submitted and uploaded on RAMUKAKA Platform.
    2. RAMUKAKA may, in its sole discretion, reject, cancel, or remove, at any time, any Advertising Content for violation of this Terms and any other policies set forth by us from time to time or of any party's rights without prior notice to You. We will not be liable in any way for any rejection, cancellation or removal of any Advertising Content.
5. PRIORITY OF INFORMATION
  1. For RAMUKAKA, providing relevant information to the user is a priority.
  2. ii. The User identifies the category and location in respect of which is seeking information and based on the choice, we will provide the information.
  3. Priority among the Service Provider’s is determined by the set forth terms in this agreement and any amendments to the terms from time to time.
6. RAMUKAKA ACCOUNT BALANCE

On registration with us, You will be required to add at least INR 1000 in your RAMUKAKA account to receive business leads. At any given point, you shall maintain a minimum balance of at least one lead value. You may refill your said account through payment gateway provided on RAMUKAKA platform or any other mode of payment as approved by RAMUKAKA.

7. BID MODEL
  1. As a part of registration process, you must identify the business category/categories (“Category") in which you want to be listed and agree to pay per lead generated by RAMUKAKA.
  2. ii. A lead is generated when RAMUKAKA share details about Service Provider’s upon User request on RAMUKAKA Platform.
  3. The amount that a Service provider agrees to pay per Lead is denoted as “BID”. Service Provider may determine the bid it makes or may provide the service as per default price, which is predefined by RAMUKAKA.
  4. The BID that every Service Provider makes may not be lower than the base bid amount determined by RAMUKAKA from time to time.
  5. The priority of Service provider is based on the BID of each Service provider, with highest BID getting the first priority followed by other Service providers in the descending order of the BID.
8. PRICING MODEL

RAMUKAKA shall be free to determine the pricing model it may initiate i.e. BID model or any other model.

9. MARKETING

We are not obliged to market or advertise your service offerings and shall also not be obliged to recommend you to the Users.

10. BUSINESS GUARANTEE

RAMUKAKA does not guarantee that leads will be generated for you and/or any such lead may convert into business. You understand that we are only obliged to provide leads in the manner set forth in these Terms upon User looking for information.

11. YOUR OBLIGATIONS
  1. You shall contact any interested User or Lead passed on to you through RAMUKAKA Platform and if the User requests for the Services, then you shall ensure that the Services delivered to a User shall conform with the description/quality assurance as displayed on the Website.
  2. You shall inform RAMUKAKA via tele-calls, on your availability/ unavailability to handle Leads generated through RAMUKAKA Platform.
  3. You shall ensure minimum account balance is maintained at all times.
  4. You shall ensure that the quality of Services offered is of the best standard with the most competitive prices.
  5. You shall on receipt of an SMS from RAMUKAKA providing the Lead details, call the request user immediately for co-ordination.
  6. You shall follow the defined etiquette’s and guidelines by RAMUKAKA at all times, right from the time of calling the Lead till the closure of the service ticket.
12. REPRESENTATION & WARRANTY

You represent and warrant that,

  1. You do not have a criminal background and/or have a case pending against you in a court hearing criminal matters.
  2. You are competent to contract and not disqualified from contracting under any law in India.
  3. You will not provide false information to create a fake account on RAMUKAKA platform and that the information provided during registration is true and correct as on date.
  4. You will provide accurate service information and shall not mislead the users of RAMUKAKA Platform.
  5. You will abide by this Terms and all relevant RAMUKAKA Policies as may be applicable to you from time to time.
  6. You have and shall maintain all licenses and registrations required for offering service online or otherwise during the Term.
  7. You will pay all taxes/levies/cess applicable on products or services sold through RAMUKAKA platform and shall indemnify and hold harmless, RAMUKAKA, from any liability in this regard.
  8. You will not use or permit use of communication service or any other service provided by us from time to time for illegal purposes.
  9. The content of the products, text descriptions, graphics or pictures regarding the product being uploaded on the RAMUKAKA Platform shall not be obscene, libellous, defamatory or scandalous or which is capable of hurting the religious sentiments of any segment of the population or constitute an infringement of any intellectual property rights of any person or entity.
13. COMMUNICATION
  1. By using the services provided through RAMUKAKA Platform, You hereby expressly solicit and agree to receive communications from RAMUKAKA and/or its authorised personnel by way of telecom resources (including but not limited to voice calls, SMS and e-mails) on the registered number and email address provided by you to explain, explicate and clarify the services provided by RAMUKAKA Platform and to guide, aid or support you in availing the services offered by RAMUKAKA Platform.
  2. You also agree to receive information regarding what RAMUKAKA observes to be of their interest based on your service usage history.
  3. You do hereby also unconditionally agree and undertake that your registration on RAMUKAKA Platform shall supersede any preferences set by you with or registration done with the Do Not Disturb ("DND Register")/ National Customer Preference Register ("NCPR"). Without prejudice to the aforesaid, you also unconditionally agree that your rights under the Telecom Commercial Communications Customer Preference Regulations, 2010 or any subsequent amendments thereto or under NCPR, are kept in reserve or remain suppressed till you expressly communicate for discontinuation.
14. INTELLECTUAL PROPERTY RIGHTS

RAMUKAKA is the sole owner of Brand RAMUKAKA and all the rights to the Platforms and its content. Platform content means its design, layout, text, images, graphics, sound, video etc. All related icons and logos are registered trademarks or trademarks or service marks of RAMUKAKA and are protected under applicable copyright, trademark and other intellectual property laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

You grant the right to display and list the Products and Services along with the related logo and/or trademark and/or brand name, etc., of the Products and Services for advertising through RAMUKAKA Platform.

15. DISCLAIMER & LIMITATION OF LIABILITY

We make no warranties that the product / services listed by You on RAMUKAKA Platform will be free from errors or defects or that the use of the hypertext link or access to our site will be uninterrupted. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING WITHOUT LIMITATION TO NON INFRINGEMENT, MERCHANTABILITY, ILLEGAL COMMUNICATIONS AND/OR ACTIVITIES, AND SATISFACTORY QUALITY FOR PURPOSE OF THE SERVICE PROVIDED BY RAMUKAKA PLATFORM TO THE BUSINESS UNDER THIS TERMS AND/OR ANY PRODUCTS OR SERVICES LISTED ON RAMUKAKA PLATFORM. RAMUKAKA DISCLAIMS ALL GUARANTEES REGARDING ACCURATE LISTING OF BUSINESSS. TO THE GREATEST EXTENT PERMISSIBLE UNDER LAW, RAMUKAKA SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF PROFITS, BUSINESS, REVENUE AND/OR GOODWILL. IN NO EVENT SHALL RAMUKAKA BE LIABLE FOR ANY DAMAGES, LOSSES AND CAUSE OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF YOUR USE OF RAMUKAKA PLATFORM.

16. TERMINATION
  1. RAMUKAKA reserves the right to terminate the Agreement at any time with or without notice.
  2. Notwithstanding anything contained under this Agreement, you may cancel this Agreement with prior notice of 7 days, stating the reasons for the same.
  3. This Agreement may be terminated by RAMUKAKA, if Service Provider is in breach of any of its obligations, representations or warranties, or any other material Terms as contained in this Agreement and/or any of the RAMUKAKA Policies; if Service Provider has filed for bankruptcy or insolvency.
  4. On termination of this Agreement, Service Provider's access to RAMUKAKA platform and consequently, Service Provider shall not be able to offer any Products and Services to the users thereafter and shall not have the right to re-register itself unless RAMUKAKA, in its sole discretion, permits such re-registration. Upon termination of the agreement, Service Provider shall not be entitled to any claim for refund of any amount paid to RAMUKAKA. Upon termination of the Agreement, RAMUKAKA shall have the right to delete Service Provider’s account from RAMUKAKA Platform without prior intimation thereof to the Service Provider.
17. MODIFICATIONS & AMENDMENTS
  1. RAMUKAKA reserves the right at all times to modify any of the Terms as it deems necessary or desirable and any such modifications become effective immediately upon being posted on RAMUKAKA Platform.
  2. It is your sole responsibility to check RAMUKAKA Platform from time to time to view any such changes to the Terms. If you do not agree to any changes, if and when such changes may be made to the Terms, you may cease to use RAMUKAKA Platform and its Services. Your use of RAMUKAKA platform after any modifications to the Terms indicates that you agree to such modified Terms.
18. THIRD PARTY LINKS
  1. You are aware that the Website may contain or provide advertisements and/or promotions offered by third parties and links to other websites or resources. You acknowledge and agree that RAMUKAKA is not responsible for the availability of such external websites or resources, and that the RAMUKAKA does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Service Provider and such third party. You further acknowledge and agree that the RAMUKAKA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
  2. You further agree that in the event you provide the Users of RAMUKAKA platform with a link to your Website, then you shall be solely liable for the same, and hereby agree to indemnify and keep indemnified RAMUKAKA from the claims of any individual accessing such websites.
19. PROHIBITED ACTIVITIES

RAMUKAKA reserves the right to investigate, suspend and/or terminate your account if you have misused the Website or behaved in a manner that RAMUKAKA regards as inappropriate or unlawful, including actions or communications that occur off the Website, but involve Users of the Website or information obtained through the Website. The following is a non-exclusive list of actions and activities that you are not permitted to engage in while using RAMUKAKA Platform:

  1. Impersonate any person or entity;
  2. Solicit money from any User(s) in excess of amounts already agreed to be paid by User, or in excess of amounts listed on Website;
  3. Offer money except recharge amount to any RBP/ERBP/AFFILIATE, for any reason whatsoever without the express knowledge and consent of RAMUKAKA;
  4. Post any content that is prohibited by these Terms or any applicable law currently in force;
  5. Stalk or otherwise harass any person;
  6. Express or imply that any statements the Service Provider makes are endorsed by RAMUKAKA without our specific prior written consent;
  7. Use the Website in an illegal manner or to commit an illegal act;
  8. Access the Website in a jurisdiction in which it is illegal or unauthorized;
  9. Ask or use Users to conceal the identity, source, or destination of any illegally gained money or services;
  10. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
  11. Collect usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website;
  12. Interfere with or disrupt the Website or the servers or networks connected to the Website;
  13. Email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  14. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website (either directly or indirectly through use of third party software);
  15. “Frame” or “mirror” any part of the Website, without the Company's prior written authorization;
  16. Use meta tags or code or other devices containing any reference to RAMUKAKA or the Website (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose;
  17. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website any software used on or for the Website, or cause others to do so;
  18. Post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Website other than solely in connection with the Service Provider use of the Website in accordance with these Terms.
20. CONFIDENTIALITY

Parties shall hold all Confidential Information in confidence in accordance with the terms of this agreement. Confidential information may include without limitation to any personally identifiable information of the User, market information, all work Products and documents related thereto, or any other information which is treated as confidential by RAMUKAKA, whether oral or in writing, received or to be received by Business which is agreed to be treated under the same Terms, whether expressly or by implication. No party shall be precluded from disclosing any information to the extent required in the legal proceedings and/or required by government authorities to prevail justice.

21. INDEMIFICATION

You agree to defend, indemnify and hold harmless RAMUKAKA and their respective directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of or related to:

  1. Your use of and access to RAMUKAKA Platform;
  2. Any breach by you of these Terms;
  3. Your violation of any third-party right, including, without limitation, any copyright, intellectual property or privacy right; and
  4. Any claim that your content caused damage to a third party. This indemnification shall survive these Terms and your use of RAMUKAKA Platform.

You are solely responsible for interactions with other users of RAMUKAKA Platform. To the extent permitted under applicable laws, you hereby release RAMUKAKA and their officers, directors, employees and agents from any and all claims or liability related to any conduct or speech, whether online or offline, of any other user.

22. ARBITRATION

All disputes, differences or claims shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 to be adjudicated by a sole arbitrator to be appointed by RAMUKAKA Platform. Arbitration shall be held at Hyderabad, India and proceedings shall be in the English language. The arbitrator's award shall be final and binding on the Parties.

23. JURISDICTION

These terms and relationship between parties shall be governed by Laws of India. Hyderabad courts shall have exclusive jurisdiction to hear the matters and dispute between parties.

24. GENERAL TERMS
  1. No Party shall be liable for failure to perform its obligations due to Force Majeure.
  2. You agree that the relationship is on a principal to principal basis and shall not be construed or deemed to create any association, partnership or joint venture or employer-employee relationship in any manner.
  3. If any part or any provision of this Agreement is or becomes illegal, invalid or unenforceable, that part or provision of the agreement will not affect the validity or enforceability of the remaining provisions of this Agreement.
  4. This agreement is a non-exclusive agreement and any Terms & Conditions added from time to time, shall constitute entire and final agreement between Business and RAMUKAKA Platform with respect to the subject matter covered herein.