TERMS AND CONDITIONS

This page contains the terms and conditions concerning your use of the Site. By accessing, and /or using this Site, you agree to be bound by the following terms and conditions as may be amended from time to time. You agree that the following terms and conditions shall apply in conjunction with Customer Agreement Form (CAF) or Master Service agreement/ Service agreement or any other document signed by you in this regard. These terms and conditions include additional terms and policies which are referenced elsewhere in this document. If you do not agree to these terms, please do not access the Site or avail any service through the Site.

PLEASE READ THIS TERM AND CONDITIONS CAREFULLY. “YOU” AND “YOUR” SHALL REFER TO THE CUSTOMER OR SUBSCRIBER OR VISITOR OF THE JUST CONNECT( IMPACTVIBES PRIVATE LIMITED) WEBSITE https:justconnect.biz. “WE,” “OUR” OR “US” SHALL REFER TO Just Connect or Impact Vibes Private Limtied, PROVIDING OR OFFERING SERVICES TO YOU OR CUSTOMER OR SUBSCRIBER OF THE JUST CONNECT (IMPACTVIBES PRIVATE LIMITED).

DEFINITIONS

"Affiliate(s)" shall mean with respect to JUST CONNECT (IMPACTVIBES PRIVATE LIMITED), any person directly or indirectly controlling, controlled by, or under direct or indirect common control with JUST CONNECT (IMPACTVIBES PRIVATE LIMITED) including its subsidiaries and associate companies.

• “Access Provider” includes the Basic Telephone Service Provider, Cellular Mobile Telephone Service Provider, Unified Access Service Provider, Universal Access Service Provider and Virtual Network Operator as defined in the respective licenses issued by Department of Telecommunications, Ministry of Communications and IT, Government of India. For the avoidance of doubt, the term “Access Provider”, in the context of the Terms, shall refer to JUST CONNECT (IMPACTVIBES PRIVATE LIMITED.)

• “Calling Name or Number” means name or number which is presented by the terminating access provider (TAP) to the recipient of a Commercial Communication which may be the Header assigned to the Sender or a name or number assigned by the access provider in lieu of Header or number;

• “Commercial Communication” means any voice call or message using telecommunication services, where the primary purpose is to inform about or advertise or solicit business for

  1. Goods or services; or

  2. A supplier or prospective supplier of offered goods or services; or

  3. A business or investment opportunity; or

  4. A provider or prospective provider of such an opportunity.

• "Content" means all text, graphics, Sender interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code collectively.

• “Content Template for Transaction” means a template of Content registered by any Sender with the access provider for sending transactional message, service message or transactional voice call, service call for the purpose of Commercial Communication and contains Content which may be a combination of fixed part of Content and variable part of Content, where

  1. Fixed part of Content is that part of Content which is common across all Commercial Communications sent to different recipients for same or similar subject;

  2. Variable part of Content is that part of Content which may across Commercial Communications sent to different recipients for same or similar subject on account of information which is very specific to the particular transaction for a particular recipient or may vary on account of reference to date, time, place or unique reference number;

• “Content Template for Promotion” means a template of Content registered by any Sender with the Access Provider for sending promotional message or promotional voice call for the purpose of Commercial Communication sent to different recipients for same or similar subject;

• “Header” means an alphanumeric string of maximum eleven characters or numbers assigned to an individual, business or legal entity under the regulations to send Commercial Communications;

• “Header Root” means the common sub string of block headers, starting from the first character;

• “Header Branch” means the sub string of a header other than header root;

• “Know Your Customer Document” or “KYC Document” means each document required to be submitted by you for the purposes of identity verification, to enable you to sufficiently register yourself on the Website, including but not limited to PAN card etc.

• “Losses” means any and all losses, damages, liabilities, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses, demands, assessments, or payments of whatever kind, including reasonable attorneys' fees, disbursements and expenses.

• “One Time Password” or “OTP” means an automatically generated random number by JUST CONNECT (IMPACTVIBES PRIVATE LIMITED) used to authenticate the login of the Sender for a single transaction or session.

• “Person” means an individual, a corporation, a partnership, an association, a trust or any other entity or organization, including a government or political subdivision or an agency or instrumentality thereof.
  

• “Principal Entity” means a Person, including a bank, insurance company or builders who engage Telemarketers to originate calls or messages to Customers, in order to promote, goods or services.

• “Privacy Policy” shall mean the privacy policy applicable to the Website and available at

https://justconnect.biz

Terms and Conditions:

1. YOUR INFORMATION AND PRIVACY:

2. By accessing or using https://justconnect.biz , you confirm that you have read understood and agreed to conform to these terms and conditions; you also warrant the accuracy, truthfulness and currency of all information that you have submitted while accessing or using https://jutconnect.biz If you provide any information which is or there are reasonable grounds to suspect/believe that the information is untrue or incorrect, Company reserves right to suspend or terminate your access to the Site immediately.

3. In a few areas of Site we may ask you to provide personal information and for this purpose, you permit us to contact you, if necessary, on the MSISDN provided by you. This allows us to provide and inform you of the latest updated information and features that most likely meet your needs, and to customize our Site to make your experience safer and easier.

4. Access to Site shall be restricted. Only users with login passwords can access the Site. The user identity shall be provided by the Company while the user shall define the login password, which shall be encrypted and stored on the Site server. We strongly recommend that the password be retained confidential. The password is an authentication tool and we recommend that each User periodically changes the password. You shall remain solely responsible for maintaining confidentiality of your username, password or account details which you have created for availing services through https://justconnect.biz. You agree to immediately notify the Company of any unauthorized use of your password or account or any other security breach.

5. You agree that we may collect certain non-personally identifiable information about you when you visit our Site. We use the non-personally identifiable information to improve the design and content of our service pages and to enable us to personalize your experience. We also may use this information to analyze service usage.

6. Company may rely on the authority of anyone while accessing your account using your password and You agree that Company has no responsibility and liability with regard to the privacy, safety and security of any information (including personal information) that you may share voluntarily with any third parties for availing their products or services, through the Site or any compromise of the confidentiality of your account/ password or any authorized access to your account/password.

7. You will strictly adhere to the Provisions of TRAI Telecom Commercial Customer Preference Regulations, 2018 (“TCCCP Regulations”) and all the other TRAI regulations/guideline/Code of Practice of the company as may be applicable from time to time.

8. ACCOUNT CREATION

As a first step towards becoming eligible to use our Website for sending Commercial Communication, you are required to create an account/profile by submitting certain information and documents as further enumerated below. We reserve the right to require you to furnish additional information and/or documents for your continued use of the Website. Each time you wish to use the Website, you will be required to log in to your account using the credentials assigned to you and every activity of yours’ will be linked with your account. You will be solely responsible for ensuring confidentiality of your account credentials including your username and password. You will be solely responsible in connection with all activities carried out through your account, irrespective of whether such activities are a result of (i) your use, (ii) use of your account by another Person authorized by you in this regard, or (iii) use of your account by a Person pursuant to hacking or any other activity that compromises the safety of your account. You represent and warrant that all information and/or particulars provided by you with respect to your use of the website (including information provided during creation of your account and with

respect to your activity on the Website) is true, complete, lawful and accurate, and that you have the authority to provide such information. You further represent and warrant to keep such information updated at all times, and from time to time.

3. REGISTRATION AS A PRINCIPAL ENTITY

In order to secure registration as a Principal Entity with us you will be required to submit your authorized contact person’s name, organization name, organization address, organization category, PAN/ TAN number, KYC Document number(s), KYC Document(s) and email id.

4. REGISTRATION AS A TELEMARKETER

In order to secure registration as a Registered Telemarketer with us, you will be required to submit your authorized contact person, organization name, organization address, organization category, organization type, PAN/TAN number, KYC Document number(s), KYC Document(s) and email id.

5. APPLICATION FOR REGISTRATION

Upon creating your account and furnishing the information and documents sought, you will be assigned a unique entity ID, which will be used to identify your activity on the Website and track the status of your application for registration. Your registration on the Website, which will enable you to avail the facilities provided therein, will be conditioned upon the verification of the information and documents furnished by you, to our satisfaction. By submitting the details above, you hereby grant us and/or third parties nominated in this regard, consent for contacting you via telephone or email based on the information furnished by you. During the process of verification, we may reach out to you for clarifications or further information. We will notify you of the acceptance or rejection of your application for registration and our decision in this regard shall be final and binding on you.

6. LOGGING IN

Once we have verified your information and documents to our satisfaction, you will be considered successfully registered as a Sender and you will be able to login and use the facilities provided on the Website. With respect to the first time you log in as a registered Sender, we will require you to authenticate your identity through an OTP verification.

7. WEBSITE FACILITIES

As a registered Principal Entity, you will be able to view certain information of Registered Telemarketers, which you may use to contact such Registered Telemarketers, in connection with originating messages and/or voice calls with respect to the goods and/or services you wish to promote. If you engage a Registered Telemarketer for the purpose enumerated above, you acknowledge that you will form a bi-partite contract with such Registered Telemarketer, to which JUST CONNECT(IMPACTVIBES PRIVATE LIMITED) or its Affiliates will not be a party. We will not be responsible in connection with performance of such contract, and you hereby warrant to abstain from asserting any rights arising under such contract, against us or our Affiliates. Display of Registered Telemarketers on the Website shall not be construed as an endorsement of any nature by us.

8. IDENTIFIER REGISTRATION BY PRINCIPAL ENTITY

As a Principal Entity, you are, inter-alia mandated under the Regulation to create the following:

1. Header (including a Header Root and a Header Branch),

2. Calling Name or Number,

3. Content Template for Transaction, and

4. Content Template for Promotion, each an “Identifier”, and collectively “Identifiers”, for the purpose of sending Commercial Communication.

This Website allows you to submit applications for registration of Identifiers of your choice that are created as per the Regulations, for our approval. You represent that each Identifier submitted by you for approval will comply with the Regulation and applicable law. We reserve the right to accept or reject your application for registration of an Identifier(s), and you will be notified of our decision in this regard, which shall be final and binding. With respect to an Identifier, or application for Identifier, we may, either ourselves, or through our agents, exercise the rights granted to us by the Regulation, including:

1. Carrying out pre-verifications of documents and credentials submitted by an individual, business entity or legal entity requesting for assigning of the Header;

2. Binding with a mobile device and mobile number(s), in a secure and safe manner, which shall be used subsequently on regular intervals for logins to the sessions by the Header assignee;
   

3. Carrying out additional authentications in case of a request for Headers to be issued to SEBI registered brokers or other entities specified by Authority by directions, orders or instructions issued from time to time;

4. Carrying out additional authentications in case of a request for Headers to be issued to government entities, corporate(s) or well-known brands, including specific directions, orders or instructions, if any, issued from time to time by the Authority;

5. Carrying out additional checks for look-alike headers which may mislead to a common recipient of Commercial Communication, it may also include proximity checks, similarity after substring swaps specifically in case of government entities, corporate(s), well-known brands while assigning Headers irrespective of current assignments of such Headers, and to follow specific directions, orders or instructions, if any, issued from time to time by the Authority;

6. To check Content of the template being offered for registration as a transactional template and service message template;

7. To identify fixed and variable portion(s) of the Content in the offered transactional template and service message template with identification of type of Content for each portion of variable part of the Content, e.g. date format, numeric format, name of recipient, amount with currency; reference number, transaction identity;

8. To estimate the total length of variable portion, viz. total length of fixed portion for a typical transactional message, service message for offered template;

9. To de-register template or temporarily suspend use of template;

10. To generate one-way hash for fixed portion of Content of template and ways to extract fixed portion and variable portion(s) from actual message for carrying out pre and post checks of actual content of actual message offered for delivery or already delivered;

11. To check Content of the template being offered for registration as a promotional from perspective of Content category;

12. Assigning unique template identity to registered template of Content.

Without limiting the generality of the foregoing, you, as a Sender further represent and warrant that no information submitted by you on the Website, or originating from you (including, in case of a Principal Entity, any information contained in an Identifier or an application for an Identifier):

1. Belongs to another person and to which the Sender does not have any right to;

2. Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

3. Harm minors in any way;

4. Infringes any patent, trademark, copyright or other proprietary rights;

5. Violates any law for the time being in force;

6. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

7. Impersonate another person;

8. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

9. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

10. Technical Requirement:

    If your PC/System does not support relevant technology including but not limited to encryption you may not be able to use certain services or access certain information on the Site. You are therefore advised to obtain, install and maintain suitable equipment and software to access the Site. You agree that you are solely responsible for the security of your computer or password or your data. Company is not responsible for the back up or restoration of your data/material.

11. Use of Contents:

    The content (information, communications, images, logos, trade names / trademarks, videos and sounds contained on or available through Site) is provided by JUST CONNECT ( IMPACTVIBES PRIVATE LIMITED), its affiliates, independent content providers and third parties. The contents available on the Site are properties of JUST CONNECT (IMPACTVIBES PRIVATE LIMITED), its affiliates, independent content providers or third parties. All rights reserved. The Company shall not assume or accept any responsibility or liability for the contents which are made available by independent content providers or third parties on the Site. You agree to access and / or avail such contents at your own risk,

responsibility and liability.

2. By submitting/posting any material via the Site, or otherwise, you grant us a perpetual, royalty free and irrevocable license to copy, modify, distribute or create a derivative work from that material in any form. You warrant that the material is fit for publication, you own all rights with respect to your material and you agree to indemnify us if any third party takes action against us in relation to the material that you submit.

   The Company shall use all reasonable care to maintain the Site in a fully operating condition. It is not responsible for the results of any defects that may exist in the Site. No warranties are given that Site or its content will be uninterrupted or virus free or error free or that it will be suitable for the particular purpose that you have in mind when using it. The Company does not accept responsibility for any defects that may exist or for any costs, loss of profits, loss of data, or consequential losses arising from your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the service at any time.

3. Intellectual Property Rights:

   Your access to the Site or use thereof shall not grant in your favor, by implication, estoppel or otherwise, any license, right, title or interest to use any marks appearing on the Site without the prior written consent of the Company or the third party owner thereof.

   By accessing or using https://juustconnect.biz you confirm to acknowledge and abide by all intellectual and industrial property rights.

4. Disclaimers:

   You agree that this Site is a platform which is being provided purely on a “as is” basis and subject to acceptance of these Terms and Conditions. The service is accessed via the World Wide Web which is independent of the Site and the Company. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. Your express acceptance or your mere use of the Website shall confirm your acceptance of the Terms and conditions. If you do not agree to be bound by the Terms and conditions, please do not access this Website or avail any facilities provided through this Website. If you are an individual creating an Account on behalf of your organization and using the Website, you represent that you have been authorized by your organization to do so and that your activity on the Website will bind you and your organization.

5. Limitation of Liability:

   In no event JUST CONNECT (IMPACTVIBES PRIVATE LIMITED) including its affiliates, directors, officers, agents, employees shall be liable for any loss or damage whatsoever including but not limited to direct, indirect, punitive, incidental and consequential damages, loss of profit, loss of data, loss of goodwill resulting from the use or inability to use the Site whether based on warranty, contract, tort or in any other means or action.

   The Company, to the fullest extent permitted by law, disclaims all warranties and liability related to your access or use of the Site. Recognizing the special circumstances relating to the Site you agree to waive against the Company, its affiliates, officers and employees, to the fullest extent permissible by law, any claims including for loss of business howsoever arising from or relating to the use of the Site. Without prejudice to the above the Company's maximum liability, if any, is restricted to the transaction fees paid to JUST CONNECT (IMPACTVIBES PRIVATE LIMITED) by you in respect of the relevant service only.

6. Indemnity:

   You shall indemnify and keep indemnified the Company and its officers, directors, employees, customers, affiliates, agents and licensors harmless from and against all claims (including third party claim), losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which the Company may incur, pay or become responsible for as a result of breach or alleged breach of your representations or obligations under the Terms and Conditions, any failure by you to comply with applicable law, breach of privacy, defamation, infringement of intellectual property rights of the Company and any third party claim in respect of misuse of any information of a third party. JUST CONNECT (IMPACTVIBES PRIVATE LIMITED) shall have the right to defend itself, pursuant to this Clause, subject to your indemnification. These indemnity obligations will survive termination of your relationship with Company or you ceasing to use the Site.
   

7. Restrictions on usage:

   You agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance, or inconvenience, whether to the Company or any of its customers or users of the Site by any means. You also agree not to use Site to transmit or post any material which is defamatory, offensive or obscene or menacing character or which may in our judgment cause nuisance, annoyance, inconvenience to the Company, its users, or any other person or which is illegal. In our efforts to promote good citizenship within the Internet community, if we become aware of inappropriate use of the Site or any of its services, the Company will respond in any way that, in its sole discretion, it deems appropriate. You are prohibited from probing / testing / violating the security of the Site or attempting to including, without limitation (i) accessing data not intended for you or logging into a service or account which you are not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers, (iii) attempting to interfere with service to any user, host or network including, without limitation, via means of submitting a virus or "Trojan horse", overloading, "flooding", "mail bombing" or "crashing" or (iv) sending unsolicited electronic mail including, promotions and / or advertising of other products or services.

8. Suspension or Modifications of Terms and Conditions:

   You accept and agree that the Company may suspend or vary the whole or any part of the Site for any reason, at any time at its sole discretion without prior notice. The Company hereby reserves the right to make subsequent changes to the Site or its content and services may be modified, varied, supplemented or withdrawn, if so required in view of business exigencies and/or guidelines issued / amended by TRAI, Department of Telecom (DOT) and/or statutory changes and the same shall be binding on you. Such variations etc. will be deemed effective and in force immediately upon posting of the varied terms on the Site.

9. Governing Law and Jurisdiction:

   These terms and conditions are governed in accordance with the laws of India. Any dispute shall be subject to the exclusive jurisdiction of courts in Mohali, Punjab.