THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
Welcome to www.seniorexperts.in (the “Platform”), owned by Guide’s-ME Consultancy Services Private Limited, a company incorporated under the Companies Act, 2013 (bearing company identification number U72900TG2021PTC156387) (hereinafter referred to as the “Company” “we” “us” and “our”), having its registered office at Plot No. 165, Road No.8 Bank Colony, Behind Suchitra Junction, Hyderabad, Telangana-500067.
The Company, through its Platform, is connecting experienced professionals, seniors and retirees (“Experts”) with the businesses/consumers who require the professional services of such Experts (“Employers”) (the “Facilitation Services”).
Any person, individual, group of individuals, entity, body corporates who uses, accesses, browses the Platform or the Facilitation Services and/or registers himself/herself/itself with the Platform to avail the Facilitation Services, shall be referred to as “User” or “you” or “your”.
The general terms of Facilitation Services contained in Section A herein governs User’s access or use of any of our Facilitation Services on the Platform and the information accessible on or through the Platform on top of any other terms that apply to a specific service you are using (“General Terms”).
The specific terms of Service contained in Section B herein governs the Expert’s use of the specific services provided on the Platform and the information accessible on or through such service, to the Experts.
The specific terms of Service contained in Section C herein govern Employer’s use of the specific services provided on the Platform and the information accessible on or through such service, to the Employers.
Specific terms contained in Section B and Section C are collectively referred to as “Specific Terms”.
For the sake of clarity, General Terms and Specific Terms shall hereinafter be collectively referred to as “Terms”.
By accessing, browsing or otherwise using the Platform and/or by giving the Company your information, you expressly agree to be bound with the Terms (as may be applicable). If you do not agree with the Terms mentioned herein, please exit this Platform and restrict your access.
The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms at any time without any prior notice to you and may notify you whenever there is a change in the Terms, may be by email or post a conspicuous notice on the Platform in the event of any revisions to these Terms. Your continued use of the Platform following the posting of changes shall be deemed to mean that you accept and agree to the revisions. As long as you comply with this Terms, the Company grants you a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Platform.
These Terms read with any agreement that you may enter into with the Company shall define our relationship and mutual expectations while you use the Platform. In order to use the Platform, it shall be your responsibility to comply with both these Terms and any other agreement(s) that you may enter into with the Company. In case of conflict between these Terms and such agreement that you may enter into with the Company, the interpretation placed by the Company shall be final and binding on you.
SECTION A: GENERAL TERMS
- Use of the Platform is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform.
- Any person under the age of 18 shall not register on the Platform and shall not transact on or use the Platform. If any minor wishes to use or transact on the Platform, such use or transaction may be made by the minor’s legal guardian or parents on the Platform. Any minor accessing, using or transacting on the Platform in violation of these Terms shall be doing so at their own risk and the Company shall not be responsible or liable for any activities or interactions of such minor on the Platform.
- The Company, at any time, reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Platform if it is brought to the Company’s notice or if it is discovered that such person is not eligible to use the Platform.
- Those who access the Platform from outside India are responsible for compliance with local laws, if and to extent local laws are applicable.
ACCEPTANCE OF TERMS
- The User is required to carefully read these Terms, as it contains the terms and conditions governing the User’s use of the Platform and any content such as text, data, information, software, graphics, audio, video or photographs etc., that the Company may make available through the Platform along with any Facilitation Services that the Company may provide through the Platform. By further accessing or using the Platform, the User is agreeing to these Terms and entering into a legally binding contract with the Company. The User may not use the Platform if the User does not accept the Terms or is unable to be bound by these Terms.
In order to use the Platform, the User must first agree to the Terms. The User can accept the Terms by:
- accessing or scrolling the Platform;
- logging into or registering with the Platform in the manner indicated herein; or
- actually using the Platform. In this case, the User understands and agrees that the Company will treat the User’s use of the Platform as acceptance of the Terms from that point onwards.
USE OF THE PLATFORM
The User agrees, undertakes and covenants that, during the use of the Platform, the User shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
- belongs to another person or entity and to which the User does not have any right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, sexually-explicit (including nudity, implied nudity, excessive visible skin or cleavage, even if not explicitly sexual in nature, and any images focused on individual body parts, even if not explicitly sexual in nature), paedophilic, libellous, invasive of another person's privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, sensational, gory, depicting violence or threats of violence, relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the laws in force in any manner whatsoever;
- could be construed as divisive/stereotyping should be avoided if it could be interpreted as 'hateful' (Gender exclusive content is excluded from this, provided it is positive);
- is harmful to children;
- is misleading in any way;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, e-mail address, physical address or phone number) or rights of publicity;
- contains assertions or implications about a person’s race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status;
- impersonates another person or provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses;
- provides information about any products, services, or content that are inappropriate, illegal, or unsafe, or that exploit, mislead, or exert undue pressure on the age groups targeted. This could include promotion of tobacco or tobacco-related products, recreational or medical marijuana, bongs and rolling papers;
- tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Platform;
- interferes with another User’s use of the Platform;
- refers to any website or URL that, in the Company’s sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms;
- deceives or misleads the addressee/other Users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact;
- serves to communicate fake, inaccurate or misleading information including fake inaccurate or misleading news or facts;
- contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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 cognisable offence or prevents investigation of any offence or is insulting other nation;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information; or
- violates any law for the time being in force.
- The User agrees and acknowledges that (a) the User shall not use the Platform for any illegal or unauthorized purpose; and (b) the User’s use of any information or materials on the Platform is entirely at the User’s own risk, for which the Company shall not be liable. The User agrees to comply with all laws, rules and regulations applicable to the use of the Platform.
- The User shall not use anyone else’s account at any time and the Company shall not be liable for any claims arising out of such authorised or unauthorised use.
- The Company shall have the right, but not the obligation, to monitor User’s access to or use of the Platform to ensure the User’s compliance with these Terms or applicable laws or other legal requirements, at its sole discretion.
- The User acknowledge and agrees that the Company is merely a facilitator between the Senior Exports and Employers. All the Experts or Employers registered with the Platform are independent contractors and therefore Company (and our officers, directors, agents, investors, subsidiaries, and employees) shall not be made liable and/or answerable to any dispute or problem that arises in between the Experts and the Employers.
RIGHT TO ACCESS PLATFORM
- Subject to your compliance with these Terms and/or payment of applicable fees, if any, Company grants you a limited right to access and make personal use of this Platform, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company, as may be applicable. This right does not include any resale or commercial use of this Platform or its contents, any collection and use of any service listings, descriptions, or prices; any derivative use of this Platform or its contents, any downloading or copying of account information for the benefit of any third party, or any use of data mining, robots, or similar data gathering and extraction tools.
- This Platform or any portion of this Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Company, as may be applicable.
- You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without express written consent. You may not use any meta tags or any other "hidden text" utilising Company’s names or trademarks without the express written consent of Company, as applicable. Any unauthorised use terminates the permission or right granted by Company.
- You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the welcome page of Platform as long as the link does not portray Company, or its services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written consent of Company.
- The Platform permits payment via various modes, including virtual payment wallets and online payments through debit/credit cards and internet banking (“Payment Mode”). Please note that payments made through any Payment Mode are operated and processed by third-party payment gateway service providers engaged by the Company from time to time. You agree and acknowledge that the Company bears no responsibility for payments made through any Payment Mode to avail the Facilitation Services through this Platform. Further, the User hereby agrees to comply with any other additional terms and conditions that may be prescribed by the third-party payment gateway service providers for processing the online payments made by you on the Platform. User understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service. Further, User acknowledges and agrees that in addition to fees/consideration payable by User for undertaking any transaction on the Platform (inclusive of applicable taxes), User will also be required to pay the applicable payment gateway service charges (if any) for each transaction that User make on the Platform.
- While availing any of the payment method/s available on the Platform, the Company will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
- lack of authorization for any transaction(s);
- exceeding the pre-set limit mutually agreed by the User and between bank/s;
- any payment issues arising out of the transaction;
- rejection of transaction for any other reason(s) whatsoever.
- All payments made against the transactions undertaken on Platform by the User shall be compulsorily in Indian Rupees. It is expressly clarified that the Company will not facilitate transactions with respect to any other form of currency with respect to the purchases made on the Platform.
- The User acknowledges and agrees that the Company will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a transaction/ transaction amount or any delay in processing a transaction/ transaction amount which is beyond the control of the Company.
- Though the Company has undertaken utmost care to provide secure payment system, the User acknowledge and agrees that all online payment systems are susceptible to hacking, virus attacks, malfunction.
COST OF SERVICES
- Some of the Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are currently using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
- If you choose to sign up for any Services that carry a fee you will be charged the then-current fees for such Services as per your chosen plans. Unless otherwise agreed, all fees paid to Experts by the Employer using the Platform are non-refundable.
SUBSCRIPTION TO SERVICE
- Registered users are initially offered the use of Services free for a trial period of 28 (Twenty-Eight) days (“Free Subscription”), completing which the Users shall be subjected to subscribe to a paid service at their own discretion to continue availing the Services on the Platform (“Paid Subscription”).
- The Company/Platform shall be the final deciding authority on converting some free Services into paid Services. The User will be under no obligation to subscribe to a paid Service because they subscribed to the Free Subscription.
- The Company reserves the right to discontinue at any time, fully or partially, temporarily or permanently, any of the Services with or without notice to the Users.
Upon project/service acceptance, and entering into a contract between subscribed Users, (Experts & Employer), payments shall be collected from the Employer on behalf of the Experts and later transferred to the Experts’ account (subject to applicable deductions) in the following manner:
A. As per terms of service and payments agreed upon in the contract executed between the Users;
B. First 25% of the total contract value as advance;
C. Second 25% after the first review by Employer;
D. Third 25% after the second review by Employer;
E. Last 25% after the completion/delivery of services by the Expert.
3% of total contract value entered into by and between the Experts and Employer shall be levied by the Platform/Company as a convenience/facilitation fee, on project-to-project basis.
REFUND & CANCELLATION POLICY
- The Employer shall be entitled to:
A. 100% refund, any time before the first review by Employer; or
B. Full refund, after deducting 5% of the total contract value as an admin fee, after the first review.
- Subscription Cancellation: Once paid, Paid Subscription fees is non-refundable. Users can choose to cancel the subscription at their discretion at any point in time. All services, under the plan to which the User is subscribed, will still be available to use till the completion of such subscription period.
USER’S POSTS AND REVIEWS
- The Platform may allow the Employer/Experts to post certain content, data or information belonging to the Employer/Experts, such as reviewing and allowing the Employer/Experts to share the Employer’s/Experts experience and views about a particular blog-post, rate services and/or Experts/Employer, post the Employer’s/Experts comments and reviews in relation to contents and/or Facilitation Services on the Platform on specific pages of the Platform, as well as submit/post any photos, videos, suggestions, comments, questions or other information to the Company using the Platform (collectively referred to “User Content”).
- The Employer/Experts, as the case may be, being the originator of the User Content, is responsible for the User Content that the Employer/Experts uploads, posts, publishes, transmits or otherwise makes available on the Platform. The Employer/Experts represents that the Employer/Experts, as the case may be, exclusively owns the copyright in the User Content and has obtained all relevant consents and approvals in order to post any User Content. The Employer/Experts further represents that all such User Content will be in accordance with applicable law. The Employer/Experts acknowledges that the Company does not endorse any User Content on the Platform and is not responsible or liable for any User Content. The Company reserves the right to disable access to the User Content on the Platform.
- In case a third party appears in a User Content, the Employer/Experts confirms that the Employer/Experts has obtained prior consent of such third party before uploading or posting such User Content. The Employer/Experts, as the case may be, further agrees that the Employer/Experts shall indemnify the Company against any and all claims raised by such third party with respect to the User Content.
- The Employer/Experts hereby grants the Company a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, store, broadcast, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content in any manner as deemed appropriate by the Company in any form including but not limited to print, broadcast, online and across any and all websites owned by the Company, any and all platforms owned by the Company on any social media channels including but not limited to Instagram, LinkedIn, Facebook and Twitter.
- The Employer/Experts represents and warrants that the Employer/Experts, as the case may be, owns or otherwise controls all of the rights to the User Content that the Employer/Experts posts or that the Employer otherwise provides on or through the Platform; and that, as at the date that the User Content is posted or submitted on the Platform: (a) the User Content is accurate; (b) use of the User Content does not breach these Terms; and (c) such User Content is lawful.
- Reviews should be honest, based on your own experience, and should not contain racist or sexist content, content which is otherwise offensive, content which condescends certain people or groups, copyrighted material, unlawful content, any personal information or any information which you know to be inaccurate or false. We reserve the right to remove reviews which do not comply with these guidelines, and may ban you from leaving further reviews in the future.
FORCE MAJEURE EVENTS
- For the purpose of these Terms, the term “Force Majeure Event” shall mean any event that is beyond the reasonable control of the Company and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, foreign or governmental order including orders of lock-down, quarantine, an outbreak of an epidemic, pandemic or other communicable diseases, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, and any other similar events not within the control of the Company and which the Company is not able to overcome. The Company shall solely determine what would constitute as a Force Majeure Event and the same shall be final and binding upon the User.
- The Company shall not be liable to the User for Platform’s failure to perform or for delay in the performance of the Platform including any unavailability, non-availability or partial availability of the Platform, downtime, maintenance of the Platform, slow-down of the Platform, any disruption, defects, deficiency or delay in the Facilitation Services, non-responsiveness of a User, to the extent such failure or delay results from causes beyond Company’s reasonable control including Force Majeure Events.
LINKS TO THIRD PARTY WEBSITES
- The Platform may contain links and interactive functionality interacting with the websites, tools, software, algorithms or any similar programs of third parties. The Company shall not be responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such third party. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, the Company strongly recommends that the User reviews and understands the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party.
- You will ensure that any website that is linked to your profile on the Platform complies with all applicable laws, guidance and regulations. We accept no liability for the information contained on any such User’s websites linked to on our Platform and we shall not be liable for any loss or damage that may arise from your use of them.
The User hereby represents and warrants that the User has validly entered into these Terms and has the legal power to do so. The User further represents and warrants that the User shall be solely responsible for the due compliance with these Terms.
LIMITATION OF LIABILITY
- The User hereby agrees and acknowledges that the Company shall not be held liable to the User for any direct, indirect, special, consequential, incidental, exemplary or punitive damages, or loss of profit, goodwill, business, data or revenues (even if Company has been advised of the possibility of such damages). The Company shall also not be liable under any circumstance for damages arising out or related in any way to the User’s inability to access, or the User’s difficulty in accessing the Platform, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party, any loss of the User’s data or content from the Facilitation Services, the User’s failure to keep the User login credentials secure and confidential.
- The Company shall not be liable under any circumstances for damages arising out of or in any way related to content, Facilitation Services and/or information offered or provided by third-party vendors accessed through the Platform.
DISCLAIMER OF WARRANTIES
THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS AND FACILITATION SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE PLATFORM ARE PROVIDED BY THE COMPANY ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION, THE FACILITATION SERVICES OF THE PLATFORM WILL BE UNINTERRUPTAED, TIMELY, SECURE, ACCURATE OR ERROR FREE, THE RESULTS THAT MAY BE OBTAINED OR EXPECTED TO BE OBTAINED FROM THE USE OF PLATFORM WILL BE ACCURATE OR RELIABLE. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. THE USER EXPRESSLY AGREES THAT THE USE OF THE PLATFORM IS AT THE USER’S SOLE RISK. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR FACILITATION SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT ANY COMMUNICATION SENT THROUGH THE FACILITATION SERVICE MAY BE VIEWED BY THIRD PARTIES AND, AS SUCH, ARE NOT CONSIDERED CONFIDENTIAL AND THE COMPANY HAS NO RESPONSIBILITY, CONTROL OVER, OR LIABILITY FOR THE CONTENT OF THOSE MESSAGES, ANY ATTACHMENTS TO THOSE MESSAGES, OR THE CHOSEN RECIPIENTS BY THE SENDER, WHETHER SENT THROUGH THE FACILITATION SERVICE, OR VIA YOUR PREFERRED E-MAIL SERVICE.
CONTENT AND INTELLECTUAL PROPERTY RIGHTS
- The Company solely and exclusively owns all proprietary rights, title, interest in all material presented on the Platform including but not limited to copyrights, trademarks, text, graphics, audio clip, video clip, digital downloads, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Platform or the Company’s Facilitation Services provided on the Platform and contents and is protected under Indian law and international author’ rights laws (“IP”).
- Through the User’s use of the Platform, by no means are any rights impliedly or expressly granted to the User in respect of such Facilitation Services and contents of the Platform. The Company reserves the right to change or modify the Facilitation Services and/or the contents (as the case may be) on the Platform from time to time at its sole discretion.
- You acknowledge and agree that the Platform constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by the Company and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of the Company and such others. The User thereby agrees to protect the proprietary rights of the Company during and after the term of these Terms. The User shall not selectively download portions of the Platform without retaining the copyright notices.
- You shall not display, print or download extracts from the Platform, whether for your personal or non-personal use, and you shall not commercialise any IP belonging to the Company in any manner.
- You shall not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from the Platform.
- Without obtaining Our prior written permission, no part of the Platform shall be reproduced or transmitted to or stored in any other website or mobile application, nor shall any of its pages or part thereof be disseminated in any electronic or non-electronic form.
- Nothing on the Platform or your use of the Facilitation Services shall be construed as conferring on you or any party, any licence or other rights under the intellectual property or other proprietary rights of the Company, its affiliates or any third party, whether implied or otherwise.
- The Company bears no responsibility for claims relating to infringement of any intellectual property rights in relation to the Facilitation Services and/or their content.
- Company respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at email@example.com.
TERMINATION OF ACCESS TO FACILITATION SERVICES
The User’s account in the Platform can be terminated at any time by:
the User, by ceasing to access or use the Platform; or by
the Company in its sole discretion, for no reason or any reason including the User’s violation of these Terms or lack of use of Facilitation Services and/or inactivity on the Platform.
- The User acknowledges that the termination of Facilitation Services may come into effect without any prior notice, and the Company shall thereafter, immediately deactivate or delete the User’s account and all related information and/or bar any further access to the User’s account or the Facilitation Services, subject to applicable law. Further, the User agrees that the Company shall not be liable for any discontinuation or termination of services by any third party.
- The disclaimer of warranties, the limitation of liability and clauses in the Terms that by their very nature, should survive termination of your usage of the Platform and the governing law provisions, shall so survive any termination of these Terms.
- The Company acknowledges that its employees, directors, agents and contractors shall use the confidential information only for the intended purpose for which it is provided. The Company shall use all reasonable endeavours to ensure that its employees, directors, agents and contractors acknowledge and comply with the provisions of these terms of confidentiality as if such person was subject to these terms of confidentiality. If the User objects to the User’s information being transferred or used, the User is advised not to use the Platform.
The Users are responsible for any contracts or agreements they may form with respect to their engagements with each other. The Company does not control, manage, or provide any guidance with respect to the determination of independent contractor or employee status, subsequent agreements between the Employer or the Expert, or services performed by or payments made to the Expert pursuant to an engagement. The User expressly agrees that no joint venture, partnership, employment, or agency agreement exists between them and the Company as a result of this Terms and any use of the Facilitation Service, and that the Company is not a joint employer for purposes of this Terms.
It is expressly agreed by the User that the Company may assign all or part of its rights or duties under these Terms without such assignment being considered a change to these Terms and without notice to the User, except to the extent provided by law. You shall need prior written consent from the Company before making any assignment or transfer of your rights to any third party.
Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking or breaching this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Hyderabad, Telangana, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both the Company and the User and such arbitration shall be governed by the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Hyderabad, Telangana, India.
HOW TO CONTACT US
If the User has questions or concerns about the Terms, the User may contact the Company at firstname.lastname@example.org.
OPENING AN ACCOUNT
- Registration by the Expert/s on the Platform is mandatory for them to proceed with creating a listing and selling their services or skills on the Platform.
- The Expert can list himself/herself by creating an account on the Platform and providing the relevant information on the Platform, wherein the Expert will be required to provide his/her full name, email address, mobile number and/or a one-time password sent on the mobile number for verification (“Expert Account”). The Company reserves the right to determine which Expert/s may be allowed to list and sell their respective services on the Platform. The Expert further agrees that the Company reserves the right to decline to register any Expert on its Platform at its sole discretion. At no point in time can the Expert challenge the Company’s decision to not allow the Expert to list and sell his/her services on the Platform.
- While registering with the Company and creating the Expert Account, the Expert shall not:
The Company shall not be liable for any loss or damage arising from the Expert’s failure to comply with this Clause.
- create an account for anyone other than himself/herself, unless such person's prior permission has been obtained;
- use an Expert Account that is in the name of another person with the intent to impersonate that person;
- use a name for the Expert Account on the Platform that the Expert is not legally authorized to use; and
- create more than one Expert Account on the Platform.
- Once approved by the Company, in order to log into the Expert Account on the Platform, the Expert will be required to provide the e-mail address and password used at the time of registration (“Expert Login Credentials”). The Expert, upon being approved to act as a “Senior Expert” on the Platform, will be provided access to a dashboard (linked to the Expert Account) which shall contain details of all transactions undertaken in relation to the Expert’s services through the Platform.
- The Expert agrees that the information provided by the Expert to the Company, at all times (including during registration), will be true, accurate, up-to-date, and complete. The Expert further agrees that if the Expert provides any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate or incomplete or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete or not in accordance with these Terms, the Company shall have the right to indefinitely suspend or terminate or block access to the Expert Account on the Platform and refuse to provide the Expert access to the Platform. The Expert is advised to use due caution and ensure compliance with applicable laws when providing any information to the Company accordingly.
- The Expert understands that once the Expert registers as a “Senior Expert” on the Platform, the Expert may receive multimedia text messages as SMS, WhatsApp, Facebook, Instagram, and phone calls from the Company on the registered mobile number and other third party websites/modes provided at the time of registration and the Expert may receive e-mails on the Expert’s registered e-mail address. These messages, e-mails and calls could relate to the Expert’s registration, transactions that the Expert carries out through the Platform and promotions that are undertaken by the Company. The Expert by way of accepting these Terms consents to the receipt of such communication from the Company.
ACCOUNT CONFIDENTIALITY OBLIGATIONS
- The Expert agrees that the sole responsibility of maintaining the security and confidentiality of the Expert Login Credentials rests with the Expert at all times. The Expert shall not share these Expert Login Credentials with any third party and the Company shall not be liable for any loss or damage arising from such breach.
- The Company reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Platform and the Expert Account.
- The Expert is solely responsible for all activities that occur under the Expert Account and hereby undertakes that no such activity shall be unlawful or in violation of any applicable laws, rules and regulations of India.
- In no event and under no circumstances shall the Company be held liable for any liabilities or damages resulting from or arising out of the Expert’s use of the Platform or the Expert Login Credentials, theft of the Expert Login Credentials or release by the Expert of the Expert Login Credentials to a third party, or the Expert’s authorization to allow another person to access and use the Platform using the Expert Account.
- The Expert agrees to (a) immediately notify the Company of any misappropriation or unauthorised use of the Expert Account or any other breach of security via. the registered e-mail address that was used at the time of registration or in such other manner as may be indicated by the Company; and (b) exit from the Expert Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from the Expert’s failure to comply with this Clause. The Expert may be held liable for losses incurred by the Company or any user or visitor of the Platform due to authorised or unauthorised use of the Expert Account, as a result of the Expert’s failure in keeping the Expert Login Credentials confidential.
- The Expert shall be responsible to provide to the Company, for the purpose of the creation/display on the Platform, the service description, images, disclaimer, price and such other details for the services to be displayed and offered for sale and any other information as may be mandated to be provided by the Expert under applicable laws. The Expert acknowledges and understands that the Company will list the services on the Platform based on such information provided by the Expert.
- The Expert shall be responsible to comply with all applicable laws and regulations along with the Terms while listing the services on the Platform. The description of the services listed by the Expert on the Platform must contain all relevant details for the hiring/availing of the services including price, images, category, and other relevant information relating to the services as may be required under applicable laws.
- The Expert shall at all times provide accurate service information on the Platform. The description of the services shall not be misleading. If the service delivered to an Employer does not match the description displayed or data provided on the Platform, the Company shall be entitled to delete the Expert Account and/or take appropriate legal action.
- Once the services are listed and exhibited on the Platform, the Expert shall be deemed to have made an “offer to sell” the services to the Employers, and if such offer is accepted by any Employer, the same shall be final and binding upon the Expert under the applicable laws.
- The Expert shall be responsible to ensure real time availability of services listed on the Platform. You acknowledge and agree that you remain contractually liable to the Employers for the provision of the services, but you acknowledge and agree that Company may suffer reputational damage if you do not perform your contractual obligations properly.
- The sale of illegal, counterfeit, unsafe, or other such services is strictly prohibited. In addition, if the Company determines that an Expert Account has been used to engage in illegal activity, the Company shall be free to forfeit remittances and payments (if any) and the Expert Account shall be terminated immediately. The sale of potentially harmful, dangerous, illegal or unsafe products can also lead to legal action, including civil and criminal penalties.
- Any violation of the applicable laws and regulations along with these Terms may result in (a) cancellation of Expert Account; (b) limitations on usage of the Expert Account; (c) suspension of Expert Account; and (d) removal of Expert Account. The Company reserves the right to analyse in its sole discretion whether a service/skill listing is appropriate or not and the Expert shall have no remedy against such a decision.
- The Company shall have the right to determine the content, appearance, design, functionality and all other aspects of the Platform and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Platform and the Services and any element, aspect, portion or feature thereof, from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or to require the Expert not to list, any or all services, at its sole discretion.
You warrant to Company that the services that you provide to your Employers will be performed by you and anyone acting on your behalf, with due care and diligence, with integrity and to such high standard of quality as it is reasonable for the Employer to expect in all the circumstances, and shall comply at all times with all laws, guidance and regulations that apply to your provision of the services to the Employers (including, without limitation, those relating to data privacy, consumer law, and health & safety).
You will at all times: (a) cooperate with us in all matters relating to the Services; (b) provide, in a timely manner, such information as we may reasonably require, and ensure that it is accurate and complete in all material respects; (c) comply at all times with our Platform Terms; (d) comply with all policies and requirements as specified on the Platform, as updated by us from time to time; (e) comply with any vetting requirements that we may impose on you from time to time; (f) ensure that you make it clear to Employers that any services to be provided are provided to them by you and not by Company.
You will comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption.
- The Platform includes a facility for Employers to review an Expert’s performance which shall be available on the Platform for Users to see. You acknowledge and agree that any reviews left are the Employers’ own opinion, and that the Company is not liable to you in any way whatsoever for the content of such reviews.
- The Company acts only as a facilitator between the Experts and Employers, and the provision of any services by an Expert to an Employer will be subject to an entirely separate legal contract. If there are any issues with performance of those services by you, the Employer will have legal rights of redress against you, as the Expert, directly.
- We do not make any guarantees that you will be successful in being hired by an Employer for services, and our role is only to give you the opportunity to make contact with an Employer. If you do not secure a job with the Employer, you agrees and acknowledges that you will not be entitled to make any claims against us.
OPENING AN ACCOUNT
Registration by the Employer/s on the Platform is mandatory for them to proceed with creating a listing and selling their services or skills on the Platform.
The Employer can list himself/herself/itself by creating an account on the Platform and providing the relevant information on the Platform, wherein the Employer will be required to provide his/her/its name, email address, mobile number and/or a one-time password sent on the mobile number for verification (“Employer Account”). The Company reserves the right to determine which Employer/s may be allowed to list and avail the Facilitation Services on the Platform. The Employer further agrees that the Company reserves the right to decline to register any Employer on its Platform at its sole discretion. At no point in time can the Employer challenge the Company’s decision to not allowing the User to list on the Platform.
While registering with the Company and creating the Employer Account, the Expert shall not:
The Company shall not be liable for any loss or damage arising from the Employer’s failure to comply with this Clause.
- create an account for anyone other than himself/herself/itself, unless such person's prior permission has been obtained;
- use an Employer Account that is in the name of another person with the intent to impersonate that person;
- use a name for the Employer Account on the Platform that the Employer is not legally authorized to use; and
- create more than one Employer Account on the Platform.
Once approved by the Company, in order to log into the Employer Account on the Platform, the Employer will be required to provide the e-mail address and password used at the time of registration (“Employer Login Credentials”). The Employer, upon being approved to act as an “Employer” on the Platform, will be provided access to a dashboard (linked to the Employer Account) which shall contain details of all transactions undertaken in relation to the Employer’s projects through the Platform.
The Employer agrees that the information provided by the Employer to the Company, at all times (including during registration), will be true, accurate, up-to-date, and complete. The Employer further agrees that if the Employer provides any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate or incomplete or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete or not in accordance with these Terms, the Company shall have the right to indefinitely suspend or terminate or block access to the Employer Account on the Platform and refuse to provide the Employer access to the Platform. The Employer is advised to use due caution and ensure compliance with applicable laws when providing any information to the Company accordingly.
The Employer understands that once the Employer registers as an “Employer” on the Platform, the Employer may receive multimedia text messages as SMS, WhatsApp, Facebook, Instagram, and phone calls from the Company on the registered mobile number and other third-party websites/modes provided at the time of registration and the Employer may receive e-mails on the Employer’s registered e-mail address. These messages, e-mails and calls could relate to the Employer’s registration, transactions that the Employer carries out through the Platform and promotions that are undertaken by the Company. The Employer by way of accepting these Terms consents to the receipt of such communication from the Company.
ACCOUNT CONFIDENTIALITY OBLIGATIONS
- The Employer agrees that the sole responsibility of maintaining the security and confidentiality of the Employer Login Credentials rests with the Employer at all times. The Employer shall not share these Employer Login Credentials with any third party and the Company shall not be liable for any loss or damage arising from such breach.
- The Company reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Platform and the Employer Account.
- The Employer is solely responsible for all activities that occur under the Employer Account and hereby undertakes that no such activity shall be unlawful or in violation of any applicable laws, rules and regulations of India.
- In no event and under no circumstances shall the Company be held liable for any liabilities or damages resulting from or arising out of the Employer’s use of the Platform or the Employer Login Credentials, theft of the Employer Login Credentials or release by the Employer of the Employer Login Credentials to a third party, or the Employer’s authorization to allow another person to access and use the Platform using the Employer Account.
- The Employer agrees to (a) immediately notify the Company of any misappropriation or unauthorised use of the Employer Account or any other breach of security via. the registered e-mail address that was used at the time of signing-up or in such other manner as may be indicated by the Company; and (b) exit from the Employer Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from the Employer’s failure to comply with this Clause. The Employer may be held liable for losses incurred by the Company or any user or visitor of the Platform due to authorised or unauthorised use of the Employer Account, as a result of the Employer’s failure in keeping the Employer Login Credentials confidential.
- Employer agree, understand and acknowledge that the Platform is an online platform that enables you to avail services/skills of the Experts and/or hire such Experts, listed on the Platform at the price indicated therein at any time from any location. Employer further agree and acknowledge that Company is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Platform. Accordingly, the contract of availing of any services of the Expert or hiring of any Expert listed on the Platform shall be a strictly bipartite contract between Expert and the Employer on Platform.
- The Employer acknowledges and agrees that the contract for the provision of the Expert’s services is between the Employer and the Expert and as such, it is the Expert who is responsible for the provision of his/her services to you. The Company shall have no liability to you whatsoever in respect of the provision of Expert’s services and/or your dealings with any of the Experts who are listed on the Platform.
- The Company acts only as a facilitator of the introductions referred to above, and the provision of any services by an Expert to an Employer will be subject to an entirely separate legal contract. If there are any issues with performance of those services by the Expert, you will have legal rights of redress against the Expert directly, and not against the Company.
- The Platform includes a facility for Expert’s to review an Employer which shall be available on the Platform for Users to see. You acknowledge and agree that any reviews left are the Experts own opinion, and that the Company is not liable to you in any way whatsoever for the content of such reviews.
- You understand that the Company does not inquire into the backgrounds of the Experts or attempt to verify the statements of the Experts. You agree to conduct any background checks, reference checks, or other due diligence that you may require before engaging any Expert.
- The Company operates the Platform which has been established to facilitate introductions between potential customers and professionals or employers and employee for the provision of a wide range of services.
- Once an Employer has discovered a suitable Expert on the Service, the Employer agrees to submit all requests exclusively through the Platform. The Employer and the Expert may use other means of communication as agreed upon between them, provided however, the Employer agrees not to circumvent the Platform by independently attempting to communicate and hire the Expert through alternative means after discovering the Expert on the Platform.
- Employers will be able to search the Platform to find potential professionals, and the Platform algorithms will help identify professionals who may be able to meet the Employer’s requirements.
- To use the Facilitation Services, you will be required to accept these Terms following the instructions on the Platform, and a contract will be formed between you and us for the provision of the Facilitation Services at that point. You will need to enter into a separate contract with any Expert/s you wish to engage with for any services.
- When you have submitted your project or requirement on the Platform, you will be provided with details of all of the Experts who may be able to fulfil the criteria that you provided. Where we cannot identify any Expert who may be able to fulfil the criteria you submitted, you will be notified that this is the case, and given the opportunity to expand your requirements.
- You will be entitled to review the information you receive from the Experts, and may or may not decide to engage an Expert to provide the services you require. We cannot in any way endorse or confirm that the Expert identified as a result of the Facilitation Service we offer, are able to fulfil your requirements, and it will be your sole responsibility to engage with the Expert to establish whether they can meet your requirements prior to you engaging such Expert. If you do engage an Expert to provide the services, you will become a customer/employer of the Expert and will enter into a legally binding contract with them under the applicable laws. For the avoidance of doubt, the services are provided to you by the Expert, and not by the Company.
- The Employer hereby agrees that the Company does not exercise any control or supervision over the Experts listed on the Platform and as a result the Company shall not be held liable if the Experts does not does not perform the services properly or as may be expected from them due to any reasons, and Company further expressly disclaims any and all liabilities arising from the actions, inactions, breach of conditions, representation or warranties, negligence, fraud, misconduct or any other unlawful activities of the Experts.
- The Company is not personally associated with any Expert and does not encourage any particular Expert. Further, the Company does not encourage or participate in any discrimination towards any person on the basis of colour, caste, creed, community, religion, gender and age.
- Any and all decisions, opinions and services provided by any Expert listed on the Platform is solely taken, exercised and determined by the relevant Expert and does not represent the decision, opinion and services of the Company.