TERMS AND CONDITIONS / TERMS OF USE

WWW.FRENDZIT.COM (EEBEE MART INDIA PVT LTD)

Your Agreement to these Terms of Use :

PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A BINDING CONTRACT.

Thanks for choosing www.frendzit.com ("frendzit ", “we”, “us”, “our”). By using the frendzit service, websites, or software applications you are entering into a binding contract with our company. Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy (together with the Mobile Terms where applicable, the “Agreements”). If you don’t agree with these Terms, then please don’t use the Service. The frendzit Service includes social and interactive features. You also warrant that any registration information that you submit to frendzit.com is true, accurate and complete, and you agree to keep it that way at all times.

This End User License Agreement (“EULA”) is a legal agreement and conformity between you (“You” and “Your” includes a person and/or an individual entity and www.frendzit.com. (www.frendzit.com) with respect to www.frendzit.com website, the web pages, desktop Application or API Tools or object Tool and/or SMPP Protocol, object code component parts, all other component parts, and related documentation and information and any “online” or electronic credentials, as applicable or any part thereof hereinafter referred to as “Computer or Application Software”. www.frendzit.com services or goods and Products are intended to allow users to send SMS to his/her contacts using www.frendzit.com service. By accepting the Software or by browsing, accessing, downloading, storing, installing, copying or otherwise using the Software and /or Documentation or any part thereof (collectively www.frendzit.com Products and/or Services) shall invariably be bound by these Terms and Conditions.

IMPORTANT: In accordance to the Information Technology Act, 2000 (Inida), Telecom Regulatory Authority of India (TRAI) Act 1997 & 2000 and the common law of contract, these Terms and Conditions are valid, binding and enforceable for all persons that access the www.frendzit.com Products and/or Services. Hence, if you do not agree to be bound over by these Terms And Conditions, then you may not use the www.frendzit.com Products and/or Services. The reasonable use of the www.frendzit.com Products and/or Services shall automatically bind the Users to this agreement. You agree and understand that certain portions of www.frendzit.com Products and/or Services may be governed by other terms, guidelines, licenses and copyright information, which must be observed and followed. By clicking on the acceptance button which follows this EULA and/or by browsing, accessing, downloading, storing, installing and/or copying www.frendzit.com Products and/or Services, You indicate your acceptance of the EULA and the warranty disclaimer and limitation of liability set out in the EULA. If you are accepting the EULA on behalf of a corporate license, you represent that you are authorized to do so. If you are not so authorized, nor deemed in law to have such authority, you assume sole personal liability for the obligations set out in this EULA. You should therefore read the license carefully before clicking on the ‘I accept the terms in the License Agreement’ checkbox. If you do not accept these terms and conditions, you should click on the ‘Cancel’ button and not browse, access, download, store, install and/or copy or use www.frendzit.com Products and/or Services in any manner whatsoever. You should also destroy any unlicensed copies of the Software, which might be in your possession. www.frendzit.com may change the terms of this EULA at any time and such changes shall be effective immediately. You are responsible for reviewing the EULA before each use of the Software. The most recent version of EULA can be found at http://www.frendzit.com Your continued use of www.frendzit.com Products and/or Services affirms your agreement to the revised EULA. DEFINITIONS AND INTERPRETATION

www.frendzit.com is a service / brand name for SMS, Mobility, Wireless, Push & Pull messaging services offered by www.frendzit.com, situated at LPT Market, L.B.Nagar, Hyderabad, India, and which includes all its subsidiaries, owners, shareholders and business units. The www.frendzit.com website means all of www.frendzit.com including any page, part or element thereof, which is owned and operated by www.frendzit.com. The User means any person or entity that enters the www.frendzit.com website and/or uses the www.frendzit.com Products/Services or Sends SMS via API Tools and/or COM Object Tool and/or SMPPProtocol, notwithstanding the fact that such person only visits the home page of the website and/or downloads the Products.

1. LICENSE 1.1 License Grant Subject to the payment of all applicable license fees, and the terms and conditions of this EULA, You have been granted a personal, limited, non-sub-licensable, non-exclusive, non-commercial, non-transferable right to download install and use one copy of the specified version of the Software, solely for your individual use. Even though copies of www.frendzit.com Products may be provided on media of different formats or formats they do not constitute multiple licenses to the Software. If www.frendzit.com Products and/or Services are licensed as a suite or bundle with more than one specified www.frendzit.com Products and/or Services, this license applies to all such specified www.frendzit.com Products and/or Services, subject to any restrictions or usage terms specified on the applicable product packaging that applies to any of such www.frendzit.com Products and/or Services individually. 1.2 Installation and Use www.frendzit.com Products and/or Services are licensed for use on desktop computer through a software application or web interface or API Tools and/or COM Object Tool and/or SMPP Protocol or any other equipment as may be specified by www.frendzit.com, from time to time (“Client Devices”). You hereby acknowledge that www.frendzit.com Products and/or Services may utilize the capacity of Client Devices you are utilizing, for the limited purpose of facilitating the communication between www.frendzit.com Products and/or Services users. www.frendzit.com will use its commercially reasonable efforts to protect the privacy and integrity of the Client Device; however, you acknowledge and agree that www.frendzit.com cannot give any warranties in this respect. Before installing the www.frendzit.com Products and/or Services on Client Devices, You shall ascertain that using the www.frendzit.comProducts and/or Services and each of its features and facilities is legal in your territory/country. If you browse, access, download, store, install, copy or otherwise use the www.frendzit.com Products and/or Services illegally, then you shall be solely responsible for any legal liability and it will be your sole responsibility to indemnify www.frendzit.com with respect to such illegal browse, access, download, storage, installation, copying or usage. 1.3 Restrictions on Use of the Software Except as provided herein, use of software, hardware or services that bypass any www.frendzit.com Products and/or Services license restrictions and/or permit non-licensed users to browse, access, download, store, install, copy or utilize the www.frendzit.com Products and/or Services (e.g., “multiplexing,” “pooling,” or third party add on www.frendzit.com Products and/or Services or hardware) expressly does not reduce the number of licenses required (i.e., the required number of licenses would equal the number of named user inputs to the multiplexing or pooling www.frendzit.com Products and/or Services or hardware “front end”). If the number of users operating Client Devices that can potentially connect to the www.frendzit.com Products and/or Services exceeds or has the potential to exceed the number of licenses You have obtained, then You must have a reasonable self-enforcing automatic mechanism in place to ensure that Your use of the www.frendzit.com Products and/or Services does not exceed the permissible limits specified for the license You have obtained.

1.4 Export Restrictions You acknowledge and agree that the www.frendzit.com Products and/or Services may be subject to international rules that govern the export of software. You hereby agree to comply with all applicable international and national laws that apply to the www.frendzit.com Products and/or Services as well as end-user, end-use and destination restrictions issued by national governments.

2. OWNERSHIP a. Ownership Rights The www.frendzit.com Products and/or Services are protected by copyright and other intellectual property laws, and international treaty provisions. All rights, titles and interest in and to all copyrights, patents, trade secret rights, trademarks and other intellectual property rights in and to the www.frendzit.com Products and/or Services (including, but not limited to, any images, graphics, photographs, animations, video, audio, music, text, template and “applets” incorporated into the Software), are owned by frendzit.com. You acknowledge that your browsing, accessing, downloading, storing, installing, copying, possession, or use of the www.frendzit.com Products and/or Services does not transfer to you any ownership, right, title, or registerable interest of any kind to the intellectual property in the Software, and that You will not acquire any rights to the www.frendzit.com Products and/or Services except as expressly set forth in this EULA. You agree that all backup, archival, or any other type of copies of the www.frendzit.com Products and/or Services will contain the same proprietary notices that appear on and in the www.frendzit.com Products and/or Services. b. Submissions Should you decide to submit any materials to www.frendzit.com via electronic mail, through or to www.frendzit.com website(s), or otherwise, whether as feedback, data, questions, comments, ideas, concepts, techniques, suggestions or the like, You agree that such submissions are unrestricted and shall be deemed non-confidential upon submission. You grant to www.frendzit.com and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit , distribute, create derivative works of, commercialize, display and perform such submissions.

3. PAYMENT Upon downloading the www.frendzit.com Products and/or Services you shall be entitled for free trial for the period as may be notified by www.frendzit.com from time to time. You shall receive a communication at the end of the trial period after which you may choose to obtain the SMS Credits to use the www.frendzit.com Products and/or Services subject to the then applicable Terms of Use and EULA. On the happening of any of the events mentioned in this clause, www.frendzit.com shall be entitled to approach You and receive payments of the license fees or other payments due from You to www.frendzit.com or any authorized www.frendzit.com distributor, reseller, installer or consultant with respect to the www.frendzit.com Products and/or Services, without routing the payments through any such any authorized www.frendzit.com distributor, reseller, installer or consultant. The events are: (a) When any such any authorized www.frendzit.com distributor, reseller, installer or consultant refuses, neglects or fails to make any payment to www.frendzit.com as contemplated in the agreement between www.frendzit.com and such authorized www.frendzit.com distributor, reseller, installer or consultant for the distribution of the www.frendzit.com Products and/or Services (i.e. under the “www.frendzit.com Products and/or Services Distribution Agreement”). (b) When upon termination of the www.frendzit.com Products and/or Services Distribution Agreement, any such any authorized www.frendzit.com distributor, reseller, installer or consultant refuses neglects or fails to make any payment to www.frendzit.com as contemplated in the www.frendzit.com Products and/or Services Distribution Agreement.

4. TERM This EULA is effective unless and until the EULAis terminated earlier, in accordance with the terms set forth herein. Regardless of the location of the Software, You are responsible for strict compliance with any and all of the terms and conditions of this license. This EULA will terminate automatically if you fail to comply with any of the limitations or other requirements described herein, and such termination shall be in addition to and not in lieu of any criminal, civil or other remedies available to www.frendzit.com. When this EULA terminates, you must immediately cease using the www.frendzit.com Products and/or Services and destroy all copies of www.frendzit.com products, services and the documentation. You may terminate this EULA at any point by destroying all copies of the www.frendzit.com Product s and/or Services and the Documentation.

5. USER PRIVACY www.frendzit.com respects the privacy of the Users and assures that it shall not monitor, edit, or disclose any personal information about the Users or about the User’s www.frendzit.com account, which includes all of its contents, without the User’s prior permission. The Users also acknowledge that www.frendzit.com retains rights to record the IP (Internet Protocol) addresses of its Users whenever they Sign up for www.frendzit.com user account or while sending or transmitting SMS messages using www.frendzit.com Products and/or Services via its Web Interface or Desktop application or while using API Tools and/or COM Object Tool and/or SMPP Protocol. The IP addresses will be collected and stored along with the Date and Time of making any such request to www.frendzit.com servers using www.frendzit.com Products and/or Services via its Web Interface or Desktop application or while using API Tools and/or COM Object Tool and/or SMPP Protocol. The IP address log may not be used or disclosed without the User’s prior permission. However, the above will not apply if www.frendzit.com has to: Conform to the statutory and/or legal requirements or comply with the legal process; Protect and defend the rights or property of www.frendzit.com; Enforce this Agreement or protect www.frendzit.com business or reputation, including without limitation, upon termination, cancellation or suspension of this Agreement by www.frendzit.com; Respond to the request for identification in connection with the claim of copyright or trademark infringement by the Users or to a claim by a third party that the Users is using the Products and/or Services in connection with an infringement, illegal or improper activity; or Act to protect the interests of the Users or any others in general The User agrees that www.frendzit.com can access his/her account, including the message content, as stated above or respond to product specific queries or technical issues. The User hereby permits www.frendzit.com to send him/her communication via email/SMS of any updates, upgrades, notices, or any other information that www.frendzit.com deems important for the Users to know, relating to the Products and/or Services.

6. UPDATES: www.frendzit.com may, at its sole discretion, make bug fixes, updates and/or service packs available. www.frendzit.com maintenance service, if applicable and offered, is available at an additional cost to you, as Licensee, under a separate written agreement.

7. USER RESTRICTIONS 7.1 You represent and warrant that: (i) You are at least eighteen (18) years of age; (ii) You possesses the legal right and ability to enter into this EULA, and (iii) The performance of the obligations and use of the Services by you and your customers and users will not violate any applicable laws, regulations or cause a breach of any agreements with any third parties or unreasonably interfere with other www.frendzit.com customers’ use of the Services. You assume all risks related to processing of transactions related to electronic commerce. www.frendzit.com expressly prohibits any unauthorized commercial use of the Products and/or Services. The User gives irrevocable agreement to abide by all the applicable local, national and international laws and regulations and is solely responsible for all acts or omissions (that occur under his/her account or password), including responsibility for the content of any transmissions through www.frendzit.com. The Users acknowledge that www.frendzit.com and its licensors retain ownership of all the propriety applications, software, intellectual property “IP” (Intellectual Property) and any portions or copies thereof in relation to them, and all rights therein. www.frendzit.com provides by way of example, and not as a limitation, the stipulation that the Users agree not to, directly or indirectly: a) Reverse engineer, de-compile, disassemble or otherwise make any attempt to establish the source code or the underlying ideas? Or algorithms of the Products and/or Services; b) Modify, translate, or create distinctive and derivative works based on the Products and/or Services; c) Copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the Products and/or Services; d) Use the Products and/or Services for timesharing or to the benefit of a third party; e) Remove any proprietary notices or label(s) that identify www.frendzit.com Products and/or Services. f) Use the Services in any way connected to any chain letters, junk, spam or any unsolicited messages (commercial or otherwise); g) Use the Products and/or Services to transmit SMS linked to any political party, or any election campaign or voting or any politically related activities. h) Harvest or otherwise collect, information about other Users, including email addresses or any other personal information without obtaining their consent; i) Transmit any unlawful, harassing, libelous, or abusive, threatening , and harmful, or vulgar, obscene or otherwise any objectionable material of any kind or nature; j) Transmit any material that is an infringement of the intellectual property rights or other rights of third parties, which will include any trademark, copyright or right of publicity; Defames or slanders any person, or try to infringe upon any person’s privacy rights; k) Transmit any material that may contain any viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs; l) Interfere with or disrupt the networks connected to www.frendzit.com or violate the regulations, policies or procedures of such networks; m) Attempt to gain unauthorized access to the Products and/or Services or to other accounts, computer systems or networks connected to www.frendzit.com; n) Interfere with another User’s peaceful use and enjoyment of the Products and/or Services; or Engage in any other activity that www.frendzit.com could believe may subject it to criminal liability or civil penalty or judgment. o) To send marketing or promotional or unsolicited SMS using www.frendzit.com Products and/or Services without filtering the database through the National Do Not Call Registry (NDNC) maintained by the Telecom Regulatory Authority of India (TRAI). p) To Send or Transmit SMS using www.frendzit.com Products and/or Services without valid sender ID’s (GSM & CDMA), Avalid GSM Sender ID will consists of 8 Characters, A valid CDMA Sender ID consists of a valid 10 Digit Mobile Number (for e.g. 919XXXXXXXXX). Sender ID specifications may be changed by TRAI from Time to Time which the user will have to abide. SMS transmitted using invalid Sender ID will be rejected and the SMS sending will be charged, the SMS credits will be deducted and the SMS will not be sent for using an invalid Sender ID. q) If you transfer possession of any copy of the www.frendzit.com Products and/or Services and/or Documentation to any other party, r) Your EULA is automatically terminated. s) All rights not expressly set forth hereunder are reserved by www.frendzit.com. www.frendzit.com reserves the right to periodically conduct audits upon advance written notice to verify compliance with the terms of this EULA. 7.3 User may be required to register and provide information to www.frendzit.com, such as name, postal address, phone numbers, e-mail address (the “Registration Information”). If you access, use or register for the Software, you agree to provide accurate and complete Registration Information and you agree to keep such information current. If you suspect an error in the Registration Information supplied to www.frendzit.com, you shall immediately make ‘best efforts’to correct the error wherever possible or inform www.frendzit.com in writing. www.frendzit.com is not responsible for any loss or damage caused to you due to non-compliance with this clause.

8. WARRANTYDISCLAIMER 8.1 Warranty Disclaimer TO THE MAXIMUM EXTENTPERMITTED BYAPPLICABLE LAW, www.frendzit.com PRODUCTS AND/OR SERVICES (ANDACCOMPANYING DOCUMENTATION) IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING www.frendzit.com PRODUCTS AND/OR SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITYFOR (I) ASCERTAINING THAT THE USE OF THE www.frendzit.com PRODUCTS AND/OR SERVICES AND EACH ITS FEATURES AND FACILITIES IS LEGA L IN THE TERRITORY OF USE AND (II) THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE www.frendzit.com PRODUCTS AND/OR SERVICES. WITHOUT LIMITING THE FOREGOING PROVISIONS, www.frendzit.com MAKES NO WARRANTY THAT THE www.frendzit.com PRODUCTS AND/OR SERVICES WILL BE ERROR-FREE, VIRUS FREE, OR FREE FROMINTERRUPTIONS OR OTHER FAILURES OR THAT THE www.frendzit.com PRODUCTS AND/OR SERVICES WILL SATISFYYOUR SPECIFIC REQUIREMENTS. WITHOUT LIMITING THE FOREGOING PROVISIONS, www.frendzit.com WILL PUT IN ITS ‘BEST EFFORTS’TO ACHIEVE THE BESTSUCCESS RATE IN DELIVERY OF THE SMS MESSAGES SO ROUTED THROUGH IT, HOWEVER DELIVERY OF SMS AND THROUGHPUT IS NOT GUARANTEED, www.frendzit.com MAKES NO WARRANTY THAT THE SMS TRANSMITTED USING www.frendzit.com PRODUCTS AND/OR SERVICES SHALL DELIVER IMMEDIATELY TO THE RECEPIENTS MOBILE HANDSET OR SUBSCRIBERS OF THE TELECOM PROVIDERS OR AS THE CASE MAY BE. MESSAGE TERMINATION OR DELIVERY TO THE RECEPIENTS MOBILE HANDSET OR SUBSCRIBERS OF THE TELECOM PROVIDERS OR AS THE CASE MAY BE IS NOT GUARANTEED ON HIGH TRAFFIC DAYS, FESTIVE OCASSIONS, PUBLIC HOLIDAYS, NATURAL CALAMITES, TERRORIST ATTACKS, RIOTS OR DAYS LIKE NEW YEAR, VALENTINE’S DAY, DIWALI, DUSSHERA, GANESH CHATURTHI, REPUBLIC DAY, ETC . WITHOUT LIMITING THE FOREGOING PROVISIONS, www.frendzit.com MAKES NO WARRANTY THAT THE DELIVERYLOG REPORTS OF THE SMS SENT WILL BE AVAILABLE ON DEMAND 24 HOURS ADAY, DELIVERY REPORTS WILL BE UPDATED ON THE SERVER DEPENDING ON AVAILABILITY FROM THE TELECOM OPERATORS SERVER. DELIVERYLOG REPORTS WILL BE AVAILABLE FOR APERIOD NO LONGER THAN 3 DAYS AFTER WHICH THEY WILL BE DELETED FROM THE SERVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE NO WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIESOR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR APARTICULAR PURPOSE, OF LACK OF VIRUSES, OF LACK OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE www.frendzit.com PRODUCTS AND/OR SERVICES. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE www.frendzit.com PRODUCTS AND/OR SERVICES. THE ENTIRE RISK OF THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, IF ANY, REMAINS SOLELYWITH YOU (AND NOTTHE LICENSOR NOR ANYRESELLER OF LICENSOR). THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 8.2 Indemnification You agree to defend, indemnify and hold harmless www.frendzit.com and its directors, officers, employees, affiliates, sub licensees, and agents from and against all actions, claims, defence costs (including reasonable expert and attorneys’ fees), judgments and other expenses arising out of or on account of any negligent act, omission, or wilful misconduct by You or on Your behalf in theperformance of this EULA. www.frendzit.com has no control on the contents of the SMS sent by you. www.frendzit.com shall forward the SMS in the same form as is received by you. You will be responsible for the contents of the SMS and you agree to defend, indemnify and hold harmless www.frendzit.com and its directors, officers, employees, affiliates, sub licensees, and agents from and against all actions, claims, defence costs (including reasonable expert and attorneys’ fees), judgments and other expenses arising out of or onaccount of any. 8.3 Data You acknowledge that data storage and any data conversions are subject to the likelihood of human and machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media, which may result in loss, or damage to you and/or your property. There would be no liability for any such errors, omissions, delays, losses or any failure in data conversion. You are responsible for adopting reasonable measures to limit the impact of such problems, including backing up data, adopting procedures to ensure the accuracy of input data, examining and confirming results prior to use, adopting procedures to identify and correct errors and omissions, replacing lost or damaged media, and reconstructing data. You are also responsible for complying with all local, state, and federal laws pertaining to the use and disclosure of any data. 8.4 Authorized Resellers Any authorized www.frendzit.com distributor, installer or consultant is not affiliated with www.frendzit.com in any capacity other than as a distributor, installer or consultant of www.frendzit.com products and has no authority to bind www.frendzit.com or modify any license or warranty. www.frendzit.com makes no representations, warranty, endorsement or guarantee with respect to the skills orqualifications of any authorized www.frendzit.com reseller, installer or consultant and you are encouraged to independently investigate the skills and qualifications of any authorized www.frendzit.com reseller, installer or consultant with whom you associate.

9. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL www.frendzit.com BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER (INCLUDING, WITHOUTLIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, FOR PERSONALINJURY, LOSS OF PRIVACY, FOR FAILURE TO MEETANYDUTY INCLUDING ADUTY OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE (WHETHER ACTIVE OR PASSIVE), AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE www.frendzit.com PRODUCTS AND/OR SERVICESS, ILLEGALITY OF USE OF THE www.frendzit.com PRODUCTS AND/OR SERVICES , LOSS OF DATAOR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE, AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTYBY ebeemart india pvt ltd., AND EVEN IF ebeemart india pvt ltd HAS BEEN ADVISEDOF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL www.frendzit.com BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE ebeemart india pvt ltd CHARGES FOR ALICENSE TO THE www.frendzit.com PRODUCTS AND/OR SERVICES. SOME STATES AND JURISDICTIONS DO NOTALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALLBE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10. HIGH RISK ACTIVITIES The www.frendzit.com Products and/or Services are not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the www.frendzit.com Products and/or Services could lead directly to death, personal injury, or severe al or property damage (collectively, “High Risk Activities”). There is no express or implied warranty of fitness for High Risk Activities.

11. THIRD PARTY PRODUCTS AND/OR SERVICES During the process of accepting, installing, or otherwise using the Software, you may install or otherwise use Products and/or Services from third party Products and/or Services vendors pursuant to licenses or other arrangements between such vendors and yourself (“Third Party Software”). Please note that the Third Party Products and/or Services may be subject to different licenses or other arrangements, which you should read carefully. By installing and using this Third Party Products and/or Services you accept these Third Party Products and/or Services licenses or other arrangements and acknowledge that you have read them and understand them. Under this EULA no Third Party Products and/or Services are sold, resold or licensed, and any responsibility for or liability related to the Third Party Products and/or Services are disclaimed to the maximum extent permitted by applicable law. Any questions, complaints or claims related to the Third Party Products and/or Services should be directed to the appropriate vendor.

12. CONFIDENTIALITY You agree that the Software, including, but not limited to, the object code components, and any Documentation provided to you is “Confidential Information” You shall retain all Confidential Information in strict confidence, at least with the same amount of diligence that You exercise in preserving the secrecy of Your most-valuable information, but in no event less than reasonable diligence. You shall: (a) Only disclose Confidential Information to your employees and agents to the extent required to use the www.frendzit.com Products and/or Services under the terms of this EULA, and; (b) Bind your employees and agents in writing to maintain the confidentiality of such Confidential Information, and not use or disclose such information except as permitted under this EULA. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) Immediately notify www.frendzit.com in writing of any unauthorized use of your password or account or any other breach of security, and (b) Ensure that you exit / logout from your account at the end of each session. www.frendzit.com cannot and will not be liable for any loss or damage arising from your failure to comply with the above section.

13. ILLEGAL, UNAUTHORIZED, CONTENT OR ACTIVITIES www.frendzit.com Products and/or Services may be used only for lawful purposes and in a lawful manner and in compliance with the EULA. You agree to comply with all applicable laws and regulations. Any of the following, without limitation, would be a violation of the EULA and would result in termination of your license without notice, in which case you must destroy all copies of the www.frendzit.com Products and/or Services and all of its component parts., Accordingly, you expressly represent, warrant and covenant that you shall not use the www.frendzit.com Products and/or Services in a way which: (I)Restricts or prohibits you by the law of the land to use the www.frendzit.com Products and/or services in your territory/country (ii) Restricts or inhibits any other user from using the Software; (iii) is unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, offensive, profane, or indecent; (iv)Constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates law; (v) Violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (VI) spreads a virus or other harmful component; (vii) Constitutes or contains false or misleading indications of origin or statements of fact. In the event of complaints raised by any operator or service provider of www.frendzit.com, former will terminate your account and the account balance of credits forfeited until valid proof of no wrongdoing is provided and the same is approved by any operator or service provider of www.frendzit.com. You understand that the technical processing and transmission of the Service, including your communication content, may involve: (a) Transmissions over various networks which may or may not be secure; and (b) Changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the www.frendzit.com Products and/or Services embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by www.frendzit.com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

14. APPLICABLE LAW; JURISDICTION AND VENUE This EULA and all matters from it are governed by and construed in accordance with the laws of India whose courts shall have exclusive jurisdiction over all disputes arising in connection with this EULA. In case the breach is not rectified mutually then the matter will be referred to a sole Arbitrator who will be appointed by both the parties in consultation which each other and his Award would be final & binding on both the parties. The venue of the Arbitration Shall be Mumbai and language would be English. All this will be Governed by with the provisions of Arbitration and Conciliation Act, 1996, or any statutory enactment thereof.

15. ENTIRE AGREEMENT This EULA expressly supersedes and completely replaces any and all prior end user license agreements. www.frendzit.com shall not be bound by or liable to you for any pre-existing or contemporaneous written or oral representations or warranties, made by anyone, with respect to the www.frendzit.com Products and/or Services, including any authorized distributor or reseller or their respective agents, employees, or representatives, nor shall You be deemed a third party beneficiary of any obligations of www.frendzit.com any such distributor or reseller.

16. SEVERABILITY If any provision of this EULAis held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.

17. NO WAIVER Any failure to enforce the strict performance of any provision of this EULA will not constitute a waiver of the right to subsequently enforce such provisions or any other provisions of this EULA. No waiver of any provision of this EULA shall be effective unless in writing.

18. SURVIVABILITY All provisions of this EULA relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use or access to the Software, for whatever reason.

19. INJUNCTIVE RELIEF You acknowledge that your violation of the provisions relating to intellectual property and proprietary rights may cause damage, which is unquantifiable, but nonetheless real and irreparable. Accordingly, in the event you have violated or will violate any such provision, an injunctive relief from a court of competent jurisdiction restraining such violation can be obtained. This right to injunctive relief shall be cumulative and shall not restrict or limit any ability to resort to any other remedy available under law or equity.

20. REMEDIES Any specific remedy set forth under this EULA for any breach by you of this EULA or otherwise shall be cumulative and shall not restrict or limit the ability to resort to any other remedy available under law or equity.

21. Any time during the course of running business or at some point of time, we may have to update the app. The app is currently available on Android and iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. www.frendzit.com may not promise that it will always update the app so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

22. CONTACT If you have any questions concerning these terms and conditions, or if you would like to contact for any other reason, please email us at info@frendzit.com

23. LEGAL / ADVOCATE FEES: If any party employs attorneys to enforce any rights arising out of or relating to this EULA, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs, and other expenses. Any rights not expressly granted herein are reserved.

OTHER IMPORTANT TERMS AND CONDITIONS FOR USE OF WWW.FRENDZIT.COM

PAID SERVICES:

Some of www.frendzit.com Services provided by us require payment ("Paid Services"), such as the digital contents used for exercising privileges. When you use such Paid Services, you will be required to pay the relevant charges to us. We will notify you in advance in the event any www.frendzit.com Services that will or may be used by you in accordance with these terms of use will be a Paid Service. Access to a Paid Services is conditional upon you confirming your agreement to, and payment of, the relevant charges for such Paid Services. For avoidance of doubt, we shall be under no obligation to provide any Paid Services to you if you do not pay the charges for the same.

Paid Services can be purchased by credit cards, and when available, by debit cards, and are processed through our third-party Internet payment service providers. By purchasing any Paid Services through Www.frendzit.com Services, you hereby consent and agree to abide by such third-party Internet payment service providers’ customer terms and conditions, and privacy policies, and understand that we have no control whatsoever on such customer terms and conditions, and privacy policies. We will not be liable for any errors attributed by such third-party Internet payment service providers. IF YOU CANNOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY SERVICE. Purchases are payable in advance. We offer different packages you can choose from. We reserve the right to change service prices at any time, at our sole discretion and without liability to you. Any purchased Paid Service will not be available in your account in the event that your account is deleted by you or otherwise terminated in accordance with these terms of use.

PAYMENTS ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USE. We reserve the right (but not the obligation), at our sole discretion, to refund the purchased amount if there is a technical error to the purchased service.

USER GENERATED CONTENT :

  1. We encourage users to upload and distribute pictures and streaming live and pre-recorded audio-visual works, to use frendzit.com Services, such as pictures or videos integration, chat, bulletin boards, voice interactive services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on frendzit.com Services (“User Generated Content/UGC”).
  2. Unless otherwise agreed to in a written agreement between you and Bigo that was signed by an authorized representative of frendzit.com by broadcasting, publishing, posting, displaying, submitting and/or uploading any of its UGC in connection with frendzit.com Services, you grant to frendzit.com and its sub-licensees the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such UGC (in whole or in part), and/or incorporate such UGC into existing or future forms of work, media or technology.
  3. With respect to pictures and streaming live and pre-recorded audio-visual works, the rights granted by you terminate once you delete such UGC from frendzit.com Services, or generally by deregistering your account, except
    (a) we used it for promotional purposes; and
    (b) for the reasonable time it takes to remove from backup and other systems.
  4. You shall be solely responsible for your UGC and the consequences of streaming, posting, uploading, publishing, transmitting or otherwise making available your UGC on frendzit.com Services. You understand and acknowledge that you are responsible for any UGC you submit or contribute, and you, not us, have full responsibility for such UGC, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any UGC made available by you or any other user of frendzit.com Services. We do not control UGC you provide or contribute and we do not make any guarantee whatsoever related to UGC submitted or contributed by users. Although we sometimes review UGC provided or contributed by users, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to UGC provided or contributed by users.
  5. You further agree that UGC you provide to frendzit.com Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to provide the material and to grant to frendzit.com Services all of the license rights granted herein.
  6. frendzit.com Services do not endorse any UGC on it by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and frendzit.com Services expressly disclaims any and all liability in connection with UGC.
  7. If we fail to exercise or enforce any right or provision of these terms of use, it will not constitute a waiver of such right or provision. Any waiver of any provision of these terms of use will be effective only if in writing and signed by the relevant party.
  8. If any provision of these terms of use is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these terms of use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
  9. These terms of use and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by frendzit.com without restriction. Any assignment attempted to be made in violation of this terms of use shall be void.
  10. Upon termination of these terms of use, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
  11. The terms of use, our privacy policy and any documents that expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to frendzit.com Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to frendzit.com Services.

Rewards Program in www.frendzit.com -

Overview of Rewards Program:

frendzit.com offer one or more rewards programs (“Rewards Programs“) under which you may likely to have the opportunity to earn points (in the frendzit.com program, such points are called “fi credits“), which are exchangeable for rewards (“Rewards“). Not all of the frendzit.com Site and Features offer Rewards Programs, however, Rewards Programs may include Additional Terms that apply to your participation in activities allowing you to earn points together, “Activities like posting a post, liking a post and sharing a post“ The Company may limit, suspend or cease your ability to participate in a Rewards Program in its sole and absolute discretion, and may cancel any points, Rewards, or potential Rewards you may have earned or accumulated in a Rewards Program, if we conclude in our sole discretion that you have not complied with these Terms or any Additional Terms applicable to such participation. You agree to abide by the final and binding decisions of the Company regarding any Rewards Program and your participation in it. We reserve the right to change, suspend, or cancel all or a portion of a Rewards Program, including any points you may have accrued, at any time. We will generally use practical efforts to provide notice to you of any material change to or a suspension or cancellation of a Rewards Program. Earning Points can be earned in a Rewards Program by participating in certain Activities, as described above. If you choose to participate and follow the instructions associated with an Activity, upon satisfying all of the requirements of the Activity, you will be awarded the points associated with finishing that Activity so long as the frendzit.com and/or its third-party Rewards Program affiliates are able to properly track your valid and completed point-earning Activities. For avoidance of doubt, frendzit.com shall not be responsible for, nor shall frendzit.com be obligated to award points or Rewards to Rewards Program participants for, any Activity that is not properly recorded, tracked and/or deemed approved under frendzit.com’s or its third-party Rewards Program affiliates’ policies, procedures and systems, and any points or Rewards previously granted may be revoked in appropriate circumstances. There may be restrictions (capping) on Activities and Rewards, so please be sure to review all applicable Additional Terms before deciding whether or not you would like to participate. We reserve the right to ask for and verify receipts of completed purchases prior to or in connection with the awarding of points for shopping Activities in order to verify with the applicable merchant that such purchases are valid. You agree that we may also contact you by phone, SMS or text including using an automated dialing system for the purpose of verifying transactions and/or avoiding potential fraud or misuse of our frendzit.com and Features. Some of the restrictions on Activities and rewards include our right to change or limit your ability to participate in certain Activities or the Rewards Program itself; our right to change or limit the allowable frequency of Activities; our right to change or limit the number of points you can earn for a given Activity or during a given time period; and our right to change the Activities or Rewards available, or the number of points required for a particular reward. Credits awarded may have cash value if frendzit.com decides and it is the sole discretion of the frendzit.com and its affiliates.

Redeeming Points

You may redeem points you have earned for Rewards open in a Rewards Program pursuant to these Terms and any applicable Additional Terms. Rewards may be awarded on a first-come, first-serve and while-supplies-last basis. If you attempt to redeem points for a Reward and the frendzit.com determines that the Reward is unavailable, out of stock, or for whatever reason cannot be provided to you, the frendzit.com may, at its sole and absolute discretion, may provide you with a Reward of equal or greater value. No credit, reversal or refund of points will be issued for any reason after points have been redeemed; in simple words, once you claim a Reward, you may not cancel the Reward or return the Reward for a refund of points. The only way to use points is to redeem them for Rewards Program Rewards as available from time to time through the fi Rewards Store at https://www.frendzit.com/rewards, or other applicable Rewards Program redemption sites, as applicable. Some Rewards may have eligibility requirements and in that case the frendzit.com reserves the right to verify your identity (by requesting photocopy of your ID card, or other proof as we may require) and eligibility qualifications to our complete satisfaction prior to crediting points or fulfilling any Reward in any Rewards Program, or otherwise providing you with any benefit. Delivery of Rewards Rewards may be emailed to your email address that you provided when you registered and created an account (“Account“) for the applicable Rewards Program, or to the email that our records show your Account was last updated to reflect. Processing time may vary. Rewards that are undeliverable or unclaimed for whatever reason (including, without limitation, because your Account information is incorrect or outdated) may be forfeited, and the points will not be refunded. Rewards Program Points Nontransferable Rewards Program points are non-transferable, may not be sold, and are void if a transfer is attempted, and such points and the associated Account are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. Inactive Accounts Any Account that has not been logged into and points either earned or redeemed for one year or more may be deemed inactive and the Account closed. We may either close the Account completely or remove any points in the Account and treat it as inactive. In such instances, to request Account reactivation (subject to such terms, limitations and requirements as we may impose from time to time) you may reach us by using the “Contact Us”, “Contact User/Member Services” or similar contact link in the footer of the frendzit.com Site. We may modify the foregoing inactive Account rules and policies in our Rewards Programs from time to time. Points Expiration Any points in our Rewards Programs that have not been redeemed for two 1 year from the time such points were earned or awarded may be deemed expired and removed from your Account. In such instances, to request re-crediting of the expired points to the Account (subject to such terms, limitations and requirements as we may impose from time to time) you can reach us by using the “Contact Us”, “Contact User/Member Services” or similar contact link in the footer of the frendzit.com Site. We may modify the foregoing points expiration rules and policies for any points in our Rewards Programs from time to time.

Redeem Points for earning in BRIEF:

Users/Members/Customers can redeem points for earning based on the conversion rate we set. For example, 1000 points could be worth an INR 10/-. We may set maximum earning points per user in the website. The overall ratio will be 1:5 for any user and we may change according to the changed conditions and circumstances as decided by the frendzit.com from time to time.

Credits & Payment

For earning money, you have to earn points by posting various posts, sharing and liking the posts. We may also offer users to view advertisements and basing on the revenue we generate on advertisements we may reward the users for viewing the complete advertisements. Every post liking, sharing and advertisements videos or banner ads on frendzit.com has a pre-determined point that will be added into user fi wallet account soon after the task is complete frendzit.com will transfer the earned money by PayTM on 15th of every month (Requested users only). For the payment user has to earn at least INR 100/-

Frendzit.com reserves the right to change/amend/add/delete/modify, without assigning any reasons whatsoever, terms and conditions of the rewards Program including without limitation the rate of awarding Points, the rate of redeeming Points, validity of Points and the qualifying activities (which include posting various posts, sharing and liking the posts ) from time to time or to withdraw or terminate the membership of any User/Member without being responsible or liable to any person in any manner whatsoever. User/Members acknowledge that it may not be possible for Frendzit.com to ensure that all such changes/amendments/additions/deletions/modifications are informed to Members. Accordingly, Members are advised to check for any such changes/ amendments/ additions/ deletions/ modification by regularly the site.

It is clarified and eventually deemed to be agreed by the applicant at the time of furnishing personal details for the benefit under this rewards program, that this Program has been launched for the benefit of the users/customers/members on purely gracious basis and does in no way entitle the users/customers/members to claim any benefit or consideration in any manner from the Frendzit.com.

FRENDZIT.COM REWARDS / coupons Program – HOW IT WORKS

As Frendzit.com users/customers/members, you can -

Earn rewards for posting various posts, sharing and liking the posts and also by watching our ads (exclusive Member Programme).

Earn 1 point/credit for every Rs.0.01 worth of sharing and liking the posts and also by watching ads.

1 Point = 0.01 paisa (Regular Member/User) , Earn double points (Premium Member/User) .

Minimum redemption for 10000 points and greater

If you win a reward, the reward amount shall be credited to your Paytm Wallet.