TERM ARE USE
Posted as of 01/05/2023
Last updated as of 01/05/2023
- Definition and Interpretation
1.1.1. Applicable Laws – shall mean and refer to all the laws, rules, ordinances, by-laws, etc., and amendments thereafter, applicable within the territory of India.
1.1.2. Content – shall mean and refer to all the text, advertisement, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music, and artwork.
1.1.3. Third Parties – shall mean and refer to all the legal entities either individual or entity linked on the Website apart from the Users and the creator of this Website.
1.1.4. Services – shall mean and refer to all the services provided through Website to the Customer.
1.1.5. Customer – shall mean the Users who post jobs on the Platform for services required by them,
- Platform Overview
The Website intends to provide people with a platform to connectCustomers and Freelancers on the same platform. This makes it possible to do away with middlemen such as brokers and HRs, whose commissions contribute to the overall cost of the service that is being used. We want to achieve this by making several different services accessible in a centralized location on our website, which will result in a decrease in the price paid by Customers for the services they avail while maintaining a healthy profit margin for Freelancers.We intend to create a positive impact in the lives of people and therefore we believe in creating relationships with and between our Users and strongly believe in the principles of transparency and trust and our Website is a true example of the same. We have very transparent policies and strongly avoid any hidden charges which may be applicable to the Services provided through our Website.
- Services on the Platform
The Proprietorship has created this Website to facilitate interaction and relation between the Customers and the Freelancers. We provide a user-friendly platform for Customers to interact and find a suitable Freelancer to get their service requirements fulfilled. For availing of the service through our platform, the Customers will have to register with us and then postjobs along with the quotations on the platform as per their requirements.
Registration on the Platform is mandatory for Customers of the platform. The Customers can register by providing the following information:
5.4 Phone Number (*Mandatory); and
5.5 Email ID.
The Customers can also link their social media accounts such as Google and Facebook at the time of signing up on the Website.
Once the Customer posts the job on our platform it will be answered by the Freelancers. The Customer shall post a job with all the details like the job title, location, description, cost, and salary. Once a job is posted on the Platform with all the necessary details, it will be open for the Freelancers to answer.
7.3. You shall not use the Website if you are not competent to enter into a contract or are disqualified from doing so by any other Applicable Laws, rules, or regulations, currently in force.
- Payment Gateway
“PayPal,”“PayU” and “Stripe”have been used as third-party payment gateway attached to this platform. The Customers shall be provided with payment-related information through the Platform. No payment-related information like, and not limited to, Credit Card numbers, Debit Card numbers, UPI IDs, Bank Account Details are stored or managed by the Platform and We do not hold any liability towards any liability arising herein.
9.1. General: All the Content is generated/provided or based on information provided by the Users or Third Parties and we have no control and make no guarantees regarding the quality, accuracy, integrity, and/or genuineness of such Content or such other information provided on the Platform.
9.2. All the Content displayed on the Platform is subject to copyright and shall not be reused by You (or a Third-Party) without prior written consent from the Firm and the copyright owner.
9.3. You are solely responsible for the integrity, authenticity, quality, and/or genuineness of the Content provided by you on the Platform and whilst feedback and comments by You can be made via the Website, we bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the Content on the Platform. Further, the Firm reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Firm or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/ inaccurate/ misleading/ offensive/ vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/ sharing/ submission of Content or part thereof that is deemed to be untrue/ inaccurate/ misleading/ offensive/ vulgar.
9.4. You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. You shall not copy, adapt, and modify any Content without written permission from the Firm.
10.1 Your use of the Website;
10.3 Your violation of any rights of another Parties, Users, and/or Third-Party;
10.5 Your conduct in connection with the Website.
You agree to fully cooperate in indemnifying the Proprietorship at your own expense. You also agree not to settle with any party without the consent of the Proprietorship.
In no event shall we be liable to compensate you or any Third Party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data, or profits, whether or not foreseeable, and whether or not you had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence, or other tortuous action, or any other claim arising out of or in connection with your use of, or access, or availing Services from or materials contained therein on the Website.
- Limitation of Liability
11.1. We are not responsible for any consequences arising out of the following events:
11.1.1. if the Website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
11.1.2. if you have fed incorrect information or data or for any deletion of data;
11.1.3. if there is an undue delay or inability to communicate through email;
11.1.4. if there is any deficiency or defect in the servicesprovided by the Expert; and
11.1.5. if there is a failure in the functioning of any other Service provided by the Expert.
11.2. The Website accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to you, your belongings, or any Third-Party, resulting from the use or misuse of the Platform or any Service provided of by the Proprietorship through the Platform. The Service of the Experts are provided without any guarantees, conditions, or warranties as to its accuracy, suitability, completeness, or reliability. We will not be liable to you for the unavailability or failure of the Platform.
11.5. To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.
12.4. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
12.5. It is also hereby declared that we may discontinue the Expert on the Website without any prior notice.
13.1. We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Website, or any portion thereof, at any time, without notice or cause.
13.2. We also reserve the universal right to deny access to You, to any/all of are on its Website without any prior notice/explanation to protect the interests of the Website and/or other Users to the Website.
13.3. We reserve the right to limit, deny or create different access to the Website and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
By using this Website and providing your identity and contact information to the Proprietorship through the Website, you agree and consent to receive e-mails or SMS from us and/or any of its representatives at any time.
You can report to “email@example.com” if you find any discrepancy with regard to Website or Content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
- User obligations and formal undertakings as to conduct
You agree and acknowledges that you are a restricted user of this Platform and you:
15.1. agree to provide genuine credentials during the process whenever required on the Website. You shall not use a fictitious identity. We are not liable if you have provided incorrect information;
15.2. agree to ensure the Name, Email address, Phone Number, and any such other information that may be provided and is valid at all times and shall keep your information accurate and up-to-date;
15.3. You agree that you are solely responsible for maintaining the confidentiality of your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason;
15.4. understand and acknowledge that the data submitted is manually entered into the database of the Platform. You also acknowledge the fact that data so entered into the database is for easy and ready reference for you, and to streamline the services through the Website;
15.5. authorize the Platform to use, store, or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of service, marketing and promotional purposes, and for optimisation of User-related options and service;
15.7. are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission;
15.8. agree not to access (or attempt to access) the Platform and/or the materials or Service by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of your access to the Platform. We disclaim any liabilities arising concerning such offensive Content on the Platform; and
15.9. expressly agree and acknowledge that the Content generated by the Users and displayed on the Platform is not owned by the Firm and that we are in no way responsible for the Content of the same. You may, however, report any offensive or objectionable content, which we may then remove from the Platform, at our sole discretion.
You further undertake not to:
15.10. engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
15.11. impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
15.12. probe, scan, or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace, or seek to trace any information relating to any other User of, or visitor to the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
15.13. disrupt or interfere with the security of, or otherwise cause harm to the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked Platform;
15.15. violate any code of conduct or guideline which may apply for or to any particular Service offered through the Platform;
15.16. violate any applicable laws, rules, or regulations currently in force within or outside India;
15.18. commit any act that causes the Firm to lose (in whole or in part) the Services of its Internet Establishment (“ISP”) or in any manner disrupts the Services of any other supplier/service provider of the Platform;
15.19. you hereby expressly authorize the Proprietorship to disclose any and all information relating to you in our possession to law enforcement or other government officials, as we may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial order, Applicable Law, regulation or valid governmental request;
15.20. by indicating your acceptance to use any Service offered through the Platform, you canenter into monetary transactions with the Experts on a voluntary basis;
15.21. you agree to use the Services provided by the Proprietorship, our affiliates, consultants and contracted companies, for lawful purposes only;
15.22. you agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), we shall in our sole discretion reject the order and debar you from using the Platform without prior intimation whatsoever;
15.23. you agree not to post any material on the Platform that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or Products. More specifically, you agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
15.23.1. belongs to another person and to which you have no right to;
15.23.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, 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;
15.23.3. is in any way harmful to minors;
15.23.4. infringes any patent, trademark, copyright or other proprietary rights;
15.23.5. violates any Applicable Law for the time being in force;
15.23.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
15.23.7. abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
15.23.8. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
15.23.9. publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; and
15.23.10. 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.
- Suspension of User access and activity
Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Platform, and/or refuse to the usage of the Platform, without being required to provide you with notice or cause:
b. if you have provided wrong, inaccurate, incomplete or incorrect information; and
c. if your actions may cause any harm, damage or loss to the other Users or the Firm, at our sole discretion.
- Intellectual Property Rights
You shall not use any of the Intellectual Property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective users of the Platform, or that in any manner disparages or discredits the Platform, to be determined in the sole discretion.
You are aware all Intellectual Property, including but not limited to copyrights, relating to said Products and Services resides with the owners, and that at no point does any such Intellectual Property stand transferred from the creators. You are aware that we merely provide the Platform through which you can communicate with Freelancers and the Platform does not own any of the Intellectual Property relating to the independent Content displayed on the Platform, apart from created graphics and specified Content.
- Disclaimer of Warranties and Liabilities
18.1. You further agree and undertake that you are accessing the Platform at your sole risk and that you are using the best and prudent judgment before availing of any features on the Platform or accessing/using any information displayed thereon.
18.2. You agree that any kind of information, resources, activities, or recommendations obtained/availed from the Platform, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
18.3. We do not guarantee that the features and content contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and you hereby expressly accept any associated risks involved with your use of the Platform.
- FORCE MAJEURE
We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to force majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
- DISPUTE RESOLUTION AND JURISDICTION
In the event the Parties are unable to resolve any such dispute through mediation within 45 days of the initiation of the dispute, subject to a contrary agreement between the Parties, the dispute shall be finally resolved by arbitration administered by CORD and conducted in accordance with the Rules of Arbitration of CORD, by a sole arbitrator to be appointed by CORD. The language of arbitration shall be English. The seat of arbitration shall be State Maharatra City -Satara , India.
- MISCELLANEOUS PROVISIONS