User Agreement

TERMS OF USE:

Welcome to Go Earnings. The domain name www.goearnings.com (hereinafter referred to as " Go Earnings") is owned by SBK Invest & Earn Solutions Pvt. Ltd. a company incorporated under the Companies Act, 2013 with its registered office at No. 90 2nd Floor, New Rajdhani Enclave, Delhi-110092.

Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the Site (defined below). By accessing or using the Site or by using the Service(s) (defined below), you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the site and immediately terminate your use of the service(s).

The service(s) are not available to persons under the age of 18 or to anyone, who was previously suspended and/or removed from the service(s) by Go Earnings. By accepting these Terms & Conditions or by otherwise using the Services or the Site, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.

AMENDMENTS:

Go Earnings reserve the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the website following the posting of changes will mean that You accept and agree to the revisions.

LIMITED PERMISSION TO COPY:

You are permitted to print or download extracts from these pages for your personal non-commercial use only. Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purpose or to print extracts for personal use. You will not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site. No part of the site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor including in any public or private electronic retrieval system or service without prior written permission of Go Earnings.

PRIVACY POLICY:

Personal information provided or collected through or in connection with this Web Site shall only be used in accordance with Go Earnings's Privacy Policy and these Terms of Use are subject to the Privacy Policy as posted on this Web Site.

DISCLAIMER OF WARRANTIES AND LIABILITIES:

This site, site content, site codes, services and the software, if applicable, are provided on "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to law, Go Earnings disclaims all liability, express or implied, including but not limited to, implied warranties and conditions of merchantability and fitness for a particular purpose, workmanlike effort, title and non-infringement. Go Earnings does not warrant that the availability of or functions contained in the site, site content, site codes, service(s) or software will be uninterrupted or error free or that defect will be corrected or this site, site content, site code or the server that makes them available, or the software are free from virus or other harmful components. Go Earnings does not warrant or make any representations regarding the use or result of the use of the site, site content, site code or any softwares in terms of correctness, reliability, accuracy or otherwise. You, and or any other person shall not assume the entire risk as to the quality and performance of the site, site content, site code, service and software.

Go Earnings shall not be liable, at any time for any loss and/or damage arising directly or indirectly (including, without limitation, special, incidental and/or consequential loss and/or damage) arising in contract, tort or otherwise from the use of or inability to use the site, or any of its contents, or from any action taken (or refrained from being taken) as a result of using the site, its contents or associated service(s) or due to any unavailability of the Web Site or any part thereof or any contents or associated service(s) or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.

The site may provide link of other website(s) maintained or controlled by third parties and Go Earnings does not control such third party website(s) and is not responsible for any transactions on such website(s).

Any hyperlinks from or to this Web Site exists for information purposes and are for your convenience only. Go Earnings accepts no liability for any loss or damage arising directly or indirectly (including consequential loss) from the accuracy or otherwise of materials or information contained on the pages of such sites or loss arising directly or indirectly from defects with such sites. Go Earnings neither endorses in any way nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity, availability of any of the goods or services or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visiting and transacting on these sites.

Part of the Web Site will contain advertising and other material submitted to Go Earningsby third parties. Go Earnings accepts no responsibility for advertisements or promotions appearing on the site. Advertisers are responsible for ensuring that material submitted for inclusion on the Web Site complies with applicable National and International laws. Go Earnings will not be responsible for any advertiser's claim, error, omission or inaccuracy in advertising material, and reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. You deal with such advertisers or promoters on your own accord and on their terms.

INTELLECTUAL PROPERTY RIGHTS:

Intellectual Property Rights (“IPR”) for the purpose of these Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, source code, technical data, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Website. The site contains copyrights and intellectual property rights in certain material presented on the site (including but not limited to text, audio, video, graphical images), trademarks and logos (including trade mark "Go Earnings"), of Company its, affiliates and associates and are protected under the applicable Indian laws. Any infringement of the IPR will be considered illegal and shall be vigorously defended and pursued to the fullest extent permitted by law.

All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the site shall remain at all times vested with Go Earningsor its licensors. You are permitted to use this material or content only as expressly authorised in writing by Go Earningsor its licensors. You will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content. Unless expressly permitted in writing by Go Earningsor its licensor, you shall not capture, copy, reproduce, perform, transfer, sell, license, modify, manipulate, create derivate works from or based upon, republish, upload, edit, transmit, publicly display, frame, link, distribute or exploit in whole or in part the site, the site content or site code or otherwise use the site, site content on any other web site.

REGISTRATION AND ACCEPTANCE OF TERMS:

In consideration of your use of service of the site, you agree to (i) comply with the rules (ii) provide accurate, complete and true information about yourself as may be required on any registration form for the service. In order to create your User Account, and (iii) maintain and update, as applicable, your registration information with current and complete information. Users who violate these rules, or provide inaccurate, false or non-current registration information may, at Go Earnings's sole discretion, have their user account suspended or terminated and may be permanently banned from having any current or future service from the site.

As part of your user account, you will be responsible for creating and maintaining confidentiality of your user name and password. You are advised to select a user name other than your real name or real name of any other person. We also urge you to memorize your password or keep it in a secure place. You agree that you will (i) immediately notify Go Earningsof any unauthorized use of your account, and (ii) ensure that you properly exit all services at the completion of your use session. Go Earnings will have no liability for any loss or damage arising from your use of a user account, the site or any service or your failure to comply with these requirements.

THIRD PARTY RIGHTS:

You shall indemnify and hold harmless Go Earnings, its affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, licensors from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Your undertaking, representation and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

INDEMNIFICATION:

You shall indemnify and hold harmless Go Earnings, its affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, licensors from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Your undertaking, representation and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL GO EARNINGS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, BRAND LICENSEES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THIS WEB SITE, THE CONTENT OR THE USER CONTENT, EVEN IF GO EARNINGSHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE AS A RESULT OF FRAUD OR FRAUDULENT MISREPRESENTATION ON THE PART OF GO EARNINGS.

TERMINATION:

Go Earnings may, at its sole discretion and at any time, terminate your password, user account or use of any service for any reason. Go Earnings may also, at its sole discretion and at any time, discontinue any site or service or limit or restrict any user access thereto, for any reason. You understand and agree that Go Earnings may take any or more of these actions, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your user account, including your registration information. You understand and agree that Go Earnings shall not have any liability to you or any other person for any termination of your access to any service and/or the removal of information concerning your account.

WAIVER:

Go Earnings failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

ASSIGNMENT:

Go Earnings may assign its rights and duties under this Agreement to any party at any time without notice to you.

SEVERABILITY:

If any provision of the terms and conditions shall be held unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of the remaining provisions.

HEADINGS:

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.

GOVERNING LAW:

The Agreement shall be governed by the Laws of India. The Courts of Law at Delhi only shall have exclusive Jurisdiction over any disputes arising under this Agreement.

Terms and Conditions for featuring Ads:

    Introduction:

    We shall enable the display of your advertisement in a designated area of the Website and/or in a highlighted manner (subject to availability of the required space), so as to distinguish it from other content posted on the Website.

    We may place the Advertisement in the designated area of the Website in a sequential manner. Therefore, it is possible that a particular featured Advertisement may not be visible to you each time you browse through the Website. This feature has been provided to enable users to draw attention to their advertisements and increase the possibility of receiving responses from potential buyers. We do not guarantee increase of a specified quantum in the responses received by you and any representation on the Website in this regard is merely indicative.

  1. 1. Definitions
  2. The following words and expressions shall have the following meanings unless the context otherwise requires:

    “Advertisement” means any page or part thereof containing graphics, image or text put forward by the Advertiser to be printed or substituted on a page or separately inserted on the Website;

    “Advertiser” means an advertising agency or any person, partnership firm or company and/or its agent placing bookings for the featuring of an Advertisement on Go Earnings.

    “Advertising Booking Form” means confirmation by the Company in writing (by post/ email/ over the phone or by fax) that your booking has been accepted;

    “Advertising Copy” means advertising text, content or graphics intended for reproduction by the Company as an Advertisement;

    “Advertising Rate” means the rates set out by Go Earnings from time to time for featuring the Advertisement on Go Earnings.

    “Advertising Space” means advertising space available on the Website by the Advertiser pursuant to these Terms;

    “Advertisement Specifications” means the specification for Advertisements set out in this Agreement;

    “Company” means SBK Limited a company registered under the Companies Act 2013 here in after refer to as Go Earnings.

    “Contract” means any agreement for the allotting the Advertising Space on www.goearnings.com entered into between the Company and the Advertiser;

    “Notice of Cancellation” means the notice from the Advertiser either in writing to Go Earnings or cancellation in writing informing the Company that the Advertiser wishes to cancel the Contract;

    Deadline” means the dates specified in the Advertising Booking Form for editorial material, booking and artwork;

    “Terms” means these terms and conditions of this Agreement and the terms of the Privacy Policy and Terms of Use provided in the Website;

    “Website” Website of Go earnings i.e. www.goearnings.com.

    “Working Day” means each day excluding Sundays and bank and other public holidays.

  3. 2. In these Terms
    1. 2.1 headings are for reference only and do not affect the meaning or interpretation of these Terms;
    2. 2.2 references to any act, regulation, code of practice or statutory order shall be interpreted so as to include any change, re-enactment or extension of the act, regulation, code of practice or statutory order; and
    3. 2.3 any reference to “persons” includes natural persons, firms, partnerships, companies, corporations, associations, organizations, governments, states, foundations and trusts (in each case whether or not having separate legal personality).
  4. 3. Basis of Contract
    1. 3.1 These Terms shall apply to all the bookings made by the Advertiser and space allotted thereto by Go Earnings and these Terms shall govern each Contract to the exclusion of any other terms and conditions introduced or submitted by the Advertiser.
    2. 3.2 When an Advertiser places a booking for Advertising Space on the Go Earning’s Website via email, in writing, telephone, post, or fax, this will constitute an offer.
    3. 3.3 Acceptance of a booking and the completion of the execution of Contract shall take place on the date of issuance of Advertising Booking Form by Go Earning.
  5. 4. Acceptance of Advertisement
    1. 4.1 Advertisements are accepted subject to the following conditions:
    2. 4.2
      1. 4.2.1 the Advertising Copy must be received by Go Earnings not later than 1 week prior to the relevant Deadline and the Advertiser shall supply the Advertising Copy in such forms as the Company shall specify in the Advertisement Specifications.
      2. 4.2.2 approval of Advertising Copy shall not in any way prejudice the Go Earning’s right to reject the Advertising Copy; and
      3. 4.2.3 advertising Space being available.
    3. 4.3 The Company has at its absolute discretion over the right to omit, suspend or change the position of any accepted Advertisement including but not limited to the following reasons:
      1. 4.3.1 to comply with legal or moral obligations placed on the Company or any Advertiser; and
      2. 4.3.2 to avoid infringing third party’s rights, Advertising Practice and all other codes under the general supervision of the Advertising Standards.
    4. 4.4 If the Company decides that the Advertisement Copy is unsuitable/inappropriate in accordance with clause 4.1 and 4.2, the Company will notify the Advertiser in writing who must supply an alternative copy within 2 Working Days of receiving the notification unless otherwise agreed by the Company in writing. If the alternative copy is not received within the above said time period, in such case the Company on its sole discretion may repeat a previous accepted Advertisement or may allot the space to other Advertiser(s). In case, the Advertiser has remitted any advance and fails to provide the alternate copy to be advertised on the Website, then such advance amount will be forfeited, further the advertiser shall not be entitled to claim such amount from the company.
    5. 4.5 The Company may make any additions to, changes in or deletions from any Advertisement Copy, if required by any competent authority, provided that the Company shall inform the Advertiser prior to making any addition, change or deletion, where reasonably practicable.
    6. 4.6 In the event that the Advertising Copy does not comply with the Advertisement Specification the Company shall be permitted to either reject or change the Advertising Copy to comply with the Advertising Specification. Such changes may include (but are not limited to) reformatting, cropping, resizing and editing, subject to availability of space.
    7. 4.7 In the event that the Company fails to feature any Advertisement in accordance with clause 4.2, 4.3, 4.4, 4.5 and 4.6, the Company shall not incur any liability to the Advertiser for any damage or loss in respect of non-publication however the Company shall refund the advance if any paid by the Advertiser.
    8. 4.8 It is the responsibility of the Advertiser to check that the Advertisement Copy is correct. Without prejudice to clause 4.2, the Company accepts no liability for any error in the Advertisement, or in the case of multiple Advertisements the repetition of an error unless notified to the Company immediately at the point at which the error occurs.
  6. 5. Advertisement Content and Advertisement Warranties
    1. 5.1 The Advertiser warrants that:
      1. 5.1.1 it has the full power and authority to enter into and perform these terms;
      2. 5.1.2 it complies with all applicable laws, rules and regulations and any industry codes or rules (by which the Advertiser or Go Earnings may be bound) that are in force at the time the Advertisement is to be featured;
      3. 5.1.3 the Advertisement does not contain any material that shall breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or render Go Earnings liable to any claims or proceedings whatsoever;
      4. 5.1.4 in respect of any Advertisement submitted which contains the name or pictorial representation (photographic or otherwise) of any living person and / or any part of any living person and / or copy by which any living person is or can be identified, the Advertiser must have obtained any authority of such living person to make use of such name, representation and / or copy;
      5. 5.1.5 the Advertisement submitted is not obscene or libelous or hurt the sentiments of any person;
      6. 5.1.6 the Advertisement shall not be used in any manner for promotion of Counterfeit goods, Adult or pornographic content, alcohol, tobacco, gambling, political agenda and or any product or services which are prohibited/restricted under the laws of the land.
      7. 5.1.7 the Advertisement and any information submitted must be legal, decent, honest and truthful and may be in compliance of codes and guidelines of the Advertising Standards Authority;
    2. 5.2 The Advertiser agrees to indemnify the Company and keep it indemnified against all claims, costs, proceedings, demands, losses, damages or expenses whatsoever arising directly or indirectly as a result of any breach or non-performance of any of the representations, warranties or other terms herein contained or implied by law.
  7. 6. Payment
    1. 6.1 The Company will invoice the Advertiser for the agreed Advertising Rate following the Company’s Advertising Booking Form. Invoices will be due and payable within 7 days of the date of the invoice.
    2. 6.2 Subject to clause 6.3 below, the Advertising Rate to be paid by the Advertiser is the rate displayed in the Advertising Booking Form at the time when the booking is received by the Company subject to any discounts agreed in writing by the Company. The Company reserves the right to change the Advertising Rate at any time without notice.
    3. 6.3 In the event that the Company discovers an error in the price of the Advertising Space booked by the Advertiser, the Company shall notify the Advertiser as soon as possible providing the Advertiser the option of either reconfirming the booking at the correct price or cancelling the booking. If the Company is unable to contact the Advertiser for the purposes of this clause 6.3, the booking shall be deemed cancelled and where the Advertiser has already made payment for the Advertising Space this shall be refunded in full.
    4. 6.4 In the event that payment is not made by the due date in accordance with clause 6.1 above (in respect of which time shall be of the essence) the Company reserves the right to charge interest on the amount outstanding at a rate of 2% per month.
  8. 7. Contract Cancellation
    1. 7.1 The Advertiser shall have a period of 20Working Days from the date of the Company’s acceptance of a booking in which it may issue a Notice of Cancellation. Cancellations are subject to a 50 % cancellation fee. However for the Advertisement which has already been featured by Go Earnings, the Advertiser shall be liable to pay on pro rata basis for the days for which the Advertisement has already been featured with cancellation fee, which shall be equivalent to 50% of the fees payable for the remaining days.
    2. 7.2 No cancellation will be accepted following the period of 20 Working Days from the date of the Company’s acceptance of a booking in accordance with clause 3.3. The Company reserves the right to repeat previous accepted Advertising Copy if an Advertising Copy is not received by the Company stipulated Deadline, in such case the Company shall be paid by the Advertiser in full for the Advertising Space booked.
    3. 7.3 Any Frequency Discount granted by the Company to the Advertiser for multiple Advertisement insertions will apply only in the event that all the Advertisements contemplated are placed.
  9. 8. Indemnity and Liability
    1. 8.1 GO Earnings aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by the Adve,7qrtiser for the Advertising Space in respect of one incident or series of incidents attributable to the same clause.
    2. 8.2 Subject to clause 8.1 above, Go Earning shall not be liable in contract, tort (including limitation negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms for any:
      1. 8.2.1 economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
      2. 8.2.2 loss of goodwill or reputation; or
      3. 8.2.3 special or indirect losses suffered or incurred by that party arising out of or in connection with the provision of any matter under these Terms.
    3. 8.3 The Advertiser shall indemnify the Company against any claim, cost, loss, damage and/or expense that the Company may incur as a direct or indirect consequence of the Company publishing the Advertisement in accordance with the instructions of the Advertiser.
  10. 9. Trade Mark/Copyright
  11. The Advertiser hereby grants the Company a non-exclusive license to use the trademarks, trade names, promos, logos during the Terms of this Agreement in or on any Publicity & Promotional Material.
  12. 10. Miscellaneous Provisions
    1. 10.1 This Contract shall be governed by the laws of India and any dispute will be resolved exclusively in the courts of New Delhi.
    2. 10.2 The Company shall be under no liability for any delay or failure to deliver Advertising Space or otherwise perform any obligation as specified in these Terms if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
    3. 10.3 If any portion of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms shall not be affected.
    4. 10.4 These Terms do not create or confer any rights or benefits enforceable by any person that is not a party to the Agreement.
    5. 10.5 No delay or failure by the Company to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of the Company.
    6. 10.6 These Terms including the documents or other sources referred to in these terms and conditions supersede all prior representations undertakings and agreements between the Advertiser and the Company relating to the featuring of the Advertisement on www.goearnings.com and sets forth the entire agreement and understanding between the Advertiser and the Company.