By clicking “sign up” or the ‘I accept’ tab at the time of registration, or by entering into an agreement with the Firm to provide committed Services (defined below) as set out in these Terms, or through the continued use or accessing the Website and/or Application, You agree to be subject to these Terms.
We request You to please read these Terms carefully and do not click “sign up” or “I accept” or continue the use of the Website and/or Application unless You agree fully with these Terms.
As used in these Terms, the following terms shall have the meaning set forth below:
- “Assignment” shall mean documents that the Registered User wishes to get translated using the services of the Service Providers.
- “Brief” shall mean the details that the Registered User enters in the Website and/or Application regarding the Assignment which includes details such as the languages of the document, language in which the documents has to be translated, , number of pages, etc. which is provided by a Registered User to the Service Providers so that they can Bid for the Assignment.
- “Confidential Information” shall mean all information and materials furnished by a party which: (a) if in written format is marked as confidential, or (b) if disclosed verbally is noted as confidential at time of disclosure, or (c) in the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential. Confidential Information shall include, but not be limited to content on the Website, Application, Brief, Bids, Registered User Information such as details about the Assignment, the contents of the document to be translated; Service Provider Information; all types of data, information, ideas, specifications, procedures, Website and/or Application, technical processes and formulas, source code, product designs, financial information, business plans, projections, marketing data and other similar information provided by a party, documentation, the existence and contents of this Agreement, whether such is transmitted in writing, orally, visually, (e.g. video terminal display) or on magnetic media, and shall include all proprietary information, customer and prospect lists, trade secrets, or proposed trade names, know-how, concepts, drawings, flow charts, diagrams and other intellectual property relating to the subject matter of this Agreement.
- “Effective Date” means the Date on which You accept these Terms by clicking ‘Sign Up’ or ‘I Accept’ or entering into an agreement with the Firm.
- “Registered User” means any person who signs up and registers as a user by creating an Account on the Website and/or Application and who posts Briefs for Assignments and invites Bids from Service Providers.
- “Registered User Information” means information regarding Registered Users which includes information such as information pertaining to name, legal status and address of the Registered User, Brief of the Assignment, translated document;
- “Services” means translation services provided by the Service Provider who is a qualified translator to the Registered Users.
- “Service Provider” means a duly qualified and experienced translator in a specific language as identified by the Service Provider at the time of registering.
- “Service Provider Information” means information pertaining to his/her name, qualification in a specific language, work experience, specialization, translation fees, education, professional memberships etc.
- All other capitalized terms shall have the meaning ascribed to them in the Other Terms.
3. Registration as a Registered User:
- In order to access and use the features available on the Website and/or Application offered by the Firm and for posting Briefs for various Assignments and inviting Bids from Service Providers you will need to accept the Terms and then create an account (“Account”) and register on the Website and/or Application, by synchronizing your account on third party sites including but not limited to Facebook and Google with the Website and/or Application or by alternatively creating an account (“Account”) and represent, warrant and covenant that you will provide accurate and complete registration information (including, but not limited to your first name, family name, user name (“User Name”), corporate e-mail address, phone number and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your Account.
- In order to be able to register yourself as a Registered User on the Website and/or Application, You represent and warrant to the Firm that: (a) You are of legal age and are legally competent and have the authority to enter into this Agreement; (b) this Agreement is binding and enforceable against you; (c) If you are using the Website and/or Application on behalf of any other person/s (including individuals) or entity (including bodies corporate and others), you further represent and warrant that you are authorized to accept these Terms on such entity’s/person’s behalf, and that such entity agrees to indemnify the Firm for violation of these Terms; (d) you are authorized to transfer payment for Services requested through the use of the Website and/or Application; (e) You authorize the transfer of payment for Services requested through the use of the Website and/or Application; (f) You may be required to provide your complete name, age proof, identity proof; details of your bank account, Permanent Account Number (PAN), residence/office proof etc. and (g) most importantly that all the information provided at the time of registration is correct, verified and true.
- You agree that the information provided by you regarding you, your entity or the entity you represent, the details of the Assignments, Briefs and Your ability to pay for the Services of the Service Providers etc. are true and verified. As part of the registration process and at any time thereafter, You may be required to provide Us with various information such as Your Photo Id, Your Firm’s incorporation details and registration details with the concerned authorities and other information in order to prove that information provided by you is correct. We may verify such information or may ask You for additional information. We may also make enquiries from third parties to verify the authenticity of Your information. You authorize Us to make such enquiries from such third parties, and You agree to hold them and Us harmless from any claim or liability arising from the request for or disclosure of such information.
- You agree that We may terminate Your access to or use of the Website and/or Application at any time if We are unable at any time to determine or verify the information provided by you at the time of or post registration. We reserve the right to carry out re-verification of the information provided by You as and when required, and the above rights and commitments will extend to re-verification as well.
- You are solely responsible for ensuring that Your use of the Website and/or Application complies with applicable law and is always in accordance with these Terms.
- You shall keep Your information updated and will inform Us immediately should any portion of Your information be revoked, is cancelled or expires.
- You may not (a) use the Website and/or Application for time-sharing, rental or service bureau purposes; (b) make the Website and/or Application, in whole or in part, available to any other person, entity or business; (c) modify the contents of the Website and/or Application or use such content for any commercial purpose, or any public display, performance, sale or rental other than envisaged in the Agreement; (d) copy, reverse engineer, decompile or disassemble the Website and/or Application; or (e) modify the Website and/or Application or combine the Website and/or Application with any other Website and/or Application or services not provided or approved by Us.
- You will not deliberately use the Website and/or Application in any way that is unlawful or harms Us, our directors, employees, affiliates, distributors, partners and/or any Service Provider and/or data or content on the Website and/or Application.
- You undertake that Your use of this Website and/or Application shall be subjected to the following restrictions (a) You will not delete or modify any content on the Website/Application including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify; (b) You will not decompile, reverse engineer, or disassemble the Website and/or Application, or You will not remove any copyright, trademark registration, or other proprietary notices from the Website and/or Website and/or Application. You further agree not to access or use this Website or Website and/or Application in any manner that may be harmful to the operation of this Website and/or Application or its content; (c) You will not use the Website and/or Application and / or services in any way that is unlawful, or harms the Firm or any other person or entity, as determined in the Firm’s sole discretion; (d) You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the Internet and (e)You will not host, display, upload, modify, publish, transmit, update or share any information that —belongs to another person and to which the user does not have any right to; is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, 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; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains Website and/or Application viruses or any other computer code, 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
- You will immediately notify Us of any breach or suspected breach of the security of the Website and/or Application of which You become aware, or any unauthorized use or disclosure of information within or obtained from the Website and/or Application, and You will take such action to mitigate the breach or suspected breach as We may direct, and will cooperate with Us in investigating and mitigating such breach.
4. Platform Fees, Consideration:
- The Firm, at this stage, shall not charge any fees for You to register on the Website and/or Application. The Firm, however, reserves the right to charge you a certain fee at a later date for registering on the platform as a Registered User (Platform Fees). The amount of Platform Fees payable may be fixed or may vary depending upon the plans that may be introduced by the Firm.
- When You post a Brief for the Assignment, you will receive Bids of various Service Providers and then when you select the winner of the Bid You shall transfer the total fees payable to the Service Provider for rendering their Service (Consideration) to the Firm. The Consideration shall also include the Commission payable by the Service Provider to the Firm for using the platform for receiving Assignments. The Commission is a per word rate agreed to between the Service Provider and the Firm which the Firm charges the Service Provider for offering its Services on the platform. The Service Provider upon receiving the confirmation of the Bid will sign a Non-Disclosure Agreement and commence the work. All communications between the Registered User and Service Provider regarding the Assignment will happen via the Website and/or Application.
- Cancellation If the Registered User cancels the Assignment within one hour of confirming the Bid for any reason then there will be no Cancelation charges. If the Registered User wishes to cancel the Bid for any reason thereafter then 50% of the Consideration will be refunded for translators who have a rating above rating 3.0, and 0% of the Consideration will be refunded for translators rated 3.0 and below.
5 Cancellation and Refund Policy:
The Cancellation and Refund Policy shall be as follows:
- Cancellation Post payment and pre-upload of completed document by Service Provider: Registered Users are encouraged to interact with Service Providers using the inbuilt chat feature. In this stage if the Registered Users wish to cancel an Assignment they should call the WiP contact centre. Based on the reason for cancellation they may be refunded 0-100% of the payment.
- Within 7 days of Revision Period: Registered Users are encouraged to interact with Service Providers using the inbuilt chat feature to provide feedback and ask for revisions. In this stage if the Registered Users wishes to raise a concern they should call the WiP contact centre. Based on the reason for concern they may be refunded partial amount.
- Quality issues/Incomplete work: If the Registered Users are not happy with the quality of the translation and Services offered by the Service Provider or the work done is incomplete. In this stage if the Registered Users wishes to raise a concern they should call the WiP contact centre. Based on the reason their concern could be resolved by extending the duration of 7 days or allocating work to a different Service Provider. Incase of incomplete work the issue could be resolved with extension of timeline, reassignment to different Service Provider or partial refund.
6. Grant of Rights
- This Website and/or Application is owned and operated by the Firm. All the content featured or displayed on this Website and/or Application, including, but not limited to, text, graphics, data, images (photographic and moving), workflow. illustrations, client lists, summary of proposals, briefs, other information incidental thereto and selection and arrangement thereof (the “Content” excluding the Registered User Information and Service Provider Information), is owned by the Firm.
- The Firm owns all rights, title and interest, including all intellectual property rights such as copyright, trademarks, trade secrets, patent and other proprietary rights in and to the Website and/or Application, the Content and the Website and/or Application, the present or future modifications / up gradations thereof and standard enhancements thereto.
- The Terms do not and shall not transfer any ownership or proprietary interest in the Website and/or Application or Website from the Firm to You, except as may be otherwise expressly provided in these Terms or as may be agreed to by and between Firm and You.
- The Firm hereby states that the Service Provider Information provided on the Website and/or Application is proprietary to and owned by the Service Providers and is provided to you under license.
- The license granted hereunder is for the limited purpose to use the, Website and/or Application, Service Provider Information expressly granted by these Terms and You shall not obtain any rights thereto.
- You agree that You are the owner of all rights, including all intellectual property rights in the Registered User Information that You post on the Website and/ or Application and provide to Firm.
- You hereby grant Us and the Service Providers a perpetual, non-revocable, worldwide, royalty-free license to make use of the Registered User Information including the right to copy, distribute, display, reproduce, modify, adapt, the Registered User Information, and create derivate works of as the case may be.
7. Use of the Website and/or Application:
- You may use the Website and/or Application to create your Account and access the various features and services available on the Website and/or Application by registering through Facebook, Google or directly through the Website and/or Application.
- You may use the Website and/or Application to upload Your profile containing Your name, Your Firm name, Your email address, details of the Briefs for Assignments etc.
- You may upload documents only in ppt, doc and pdf format sought to be translated from your computer, desktop, palmtop, laptop by using the Website, through your phone by using the Application installed on your phone and by directly emailing the document from the registered email address.
- Once the document is uploaded you may use the Website and/or Application to enter details of the Assignment such as the language of the document, language to which the document must be translated, nature of the document, number of pages to be translated, and any other information you wish to add.
- You may use the Website and/or Application to view the Bids submitted by the Service Providers which contain details such as the estimated delivery time, rating of the Service Provider and the Consideration payable.
- The document uploaded by You is encrypted and is not visible to the Firm at all and to the Service Providers at the time of bidding. Once you select the winner of the Bid, the Service Provider will have to sign a Non-Disclosure Agreement and enter the One time password sent to them and only then will the Service Provider have access to the document. The document is visible only to the Service Provider who wins the Bid.
- You may use the Website and/or Application to mark Service Providers as favourites so that you may use their Services in the future.
- Once you have approved the Bid of a Service Provider, you may use the Website and/or Application to transfer the payment for the Assignment to the Firm.
- Upon transfer of the payment to the Firm, the Service Provider who has won the Bid will sign a Non-Disclosure Agreement and thereafter enter the One Time Password shared with them to download the document and commence work on the Assignment. You may use the Website and/or Application to view a copy of the Non-Disclosure Agreement and to check the progress of the Assignment.
- You may use the Website and/or Application to communicate with the Service Provider by posting comments in the chat and asking questions to which they will respond.
- You may use the Website and/or Application to request the Service Provider to transfer 100 words of the document as a sample and share with you.
- You may use the Website and/or Application to communicate with the Firm by calling them directly by clicking on “Call WIP directly if you need to talk” at the bottom of the Application.
- You may use the Website and/or Application to review the translated document. You shall have seven days to review the document and provide your feedback and request revisions by the Service Provider. After seven days are over the document will be auto-approved and the payment processed as the Assignment will be treated as being completed.
- If you have requested a revision, you may use the Website and/or Application to receive notifications regarding the status of the Assignment and to review the revised document.
- You may use the Website and/or Application to approve the translation. Upon clicking approved the Firm shall transfer the payment to the Service Provider and You will be sent a password to download the completed document.
- You may use the Website and/or Application to rate the Service Provider and mark him/her as favourite.
- You may use the Website and/or Application to cancel the Assignment by stating the reasons for cancellation and based on the terms of the Cancellation policy mentioned above the Consideration paid by you may be refunded.
- You agree that you will not try to bypass the Firm by: (a) directly contacting the Service Provider or offering a link to a third party website where any Service Provider can bid directly for the Assignment; or do any of the following activities (b) commit to purchasing or using a Service without paying; (c) grant the Bid to a Service Provider with no intention of following through with your use of or payment for the Service; (d) agree to purchase a Service with the intention of disrupting a Bid; or (e) misuse any options made available now or in the future by the Firm in connection with the use or purchase of any Service. In case the Firm realizes that You are involved in any of the above activities, Firm holds the sole discretion to blacklist You, terminate your account, withhold the Consideration received by you and charge a penalty.
- All communications with the Service Provider including posting the Brief of the Assignment, accepting or rejecting the Bid, details of the Assignment, document uploaded and any other communications pertaining to the Assignment or Services being offered shall be communicated through the Website and/or Application.
8. The role of the Firm:
- Firm does not offer Services on its own but provides a marketplace for connecting Registered Users with Service Providers. Firm’s role is limited to a) providing a platform for the Registered Users to connect with Service Providers, b) allowing the Registered User to post an Assignment and seek Bids from several Service Providers, c) providing a platform for Registered Users to receive and select Bids submitted by Service Providers pertaining to various Briefs for Assignments posted by the Registered Users, d) allowing the Service Providers to directly Bid for Assignments provided by Registered Users e) provide the Website and/or Application to help Registered Users keep track of the Assignments, f) providing a platform to communicate with Service Providers on all aspects of the Assignments, and g) providing a platform for disbursal of Consideration.
- The Firm may help the Registered User in selecting the best Bids submitted by Service Providers in relation to the posting of a Brief by the Registered User and selecting the most suitable Service Provider for the Assignment, but such help does not create any liability on the Firm as to the matters incidental thereto in relation to the Services provided by the Service Provider and payments made by the parties. Firm is not responsible for the dealings between Registered User and Service Provider including but not limited to losses arising out of non-delivery, poor quality of delivery, partial delivery, excess delivery or late delivery of agreed deliverable, partial payment, deductions on payment, delayed payment, non payment, withdrawal of Bid or Brief, change of Bid or Brief.
- Firm does not direct, has no control over, makes no representations; and does not guarantee the quality, safety or credibility of the Registered Users, the truth or accuracy of Bids, qualifications, background, the ability of Service Providers to deliver Services, or that a Service Provider can or will actually complete the Assignment. Firm is not responsible if the Service Provider decides not to participate in a Assignment post winning the Bid.
- Firm is not a party to the dealings between Registered Users and Service Providers, including Briefs, pitches, Bids, performance of Service Providers and payment for the Assignment.
- Registered Users and Service Providers are independent contractors. Firm is not responsible for and disclaims any and all liability related to the actions of Registered Users and Service Providers.
- Firm’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2008 and the rules thereunder. Being an intermediary, the Firm is merely providing a platform to the Registered Users to connect with the Service Providers and thus has no responsibility and / or liability in respect of the Services and transactions being conducted on the Website and/or Website and/or Application.
- If Firm suspects any illegal, wrongful or fraudulent activity on the Website and/or Website and/or Application by You or any Service Provider, notwithstanding any other rights Firm may have, Firm reserves the right to inform the relevant government or law enforcement authorities. Firm will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
9. Confidential Information of Firm and Service Providers:
- You will treat all information received from Us and the Service Providers on the Website and/or Website and/or Application such as the translated document as confidential. You may not disclose such Confidential Information to any other person, and You may not use any Confidential Information except as provided herein. Except as otherwise provided in Terms, You may not, at any time, during or after the applicability of these Terms, directly or indirectly, divulge or disclose Confidential Information for any purpose or use Confidential Information for Your own benefit or for the purposes or benefit of any other person. You agree to hold all Confidential Information in strict confidence and to take all measures necessary to prevent unauthorized copying, use, or disclosure of Confidential Information, and to keep the Confidential Information from being disclosed into the public domain or into the possession of persons not bound to maintain confidentiality. You will disclose Confidential Information only to your employees, agents or contractors who have a need to use it for the purposes permitted under the Terms only. You will inform all such recipients of the confidential nature of Confidential Information and will instruct them to deal with Confidential Information in accordance with these Terms.
- You will promptly notify Us in writing of any improper disclosure, misappropriation, or misuse of the Confidential Information by any person, which may come to Your attention.
- You agree that We or the Service Providers will suffer irreparable harm if You fail to comply with the obligations set forth in this Section, and You further agree that monetary damages will be inadequate to compensate Us or the Service Providers for any such breach. Accordingly, You agree that We and the Service Providers will, in addition to any other remedies available to Us and Service Providers at law or in equity, be entitled to seek injunctive relief to enforce the provisions hereof, immediately and without the necessity of posting a bond.
- This Section will survive the termination or expiration of these Terms or Agreement for any reason.
10. Disclaimer and Exclusion of Warranties:
- THE WEBSITE AND/OR APPLICATION, THE WEBSITE, THE APPLICATION AND THE SERVICES CONNECTED THEREWITH AND THE INFORMATION CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE WEBSITE, THE APPLICATION, WEBSITE AND/OR APPLICATION OR THE INFORMATION IN THE WEBSITE AND/OR APPLICATION, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, REMOTE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, OR LOSS OF INFORMATION OR DATA, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. WE DISCLAIM ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS, INTERNET SERVICE PROVIDERS OR OR THE SYSTEM.
- YOU ACKNOWLEDGE THAT SERVICE PROVIDERS HAVE ACCESS TO THE WEBSITE, THE APPLICATION AND WEBSITE AND/OR APPLICATION AND ARE RECEIVING OUR SERVICES. SUCH SERVICE PROVIDERS HAVE COMMITTED TO COMPLY WITH TERMS SET OUT WITH THEM AND OUR POLICIES AND PROCEDURES CONCERNING USE OF THE WEBSITE AND/OR APPLICATION, THE APPLICATION AND WEBSITE; HOWEVER, THE ACTIONS OF SUCH SERVICE PROVIDERS ARE BEYOND OUR CONTROL. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY FOR OR RELATING TO ANY IMPAIRMENT OF THE PRIVACY, SECURITY, CONFIDENTIALITY, INTEGRITY, AVAILABILITY, OR RESTRICTED USE OF ANY INFORMATION ON THE WEBSITE AND/OR APPLICATION RESULTING FROM ANY SERVICE PROVIDERS’ ACTIONS OR FAILURES TO ACT.
- WHILE IT IS OUR OBJECTIVE TO MAKE THE WEBSITE AND APPLICATION ACCESSIBLE AT ALL TIMES, THE WEBSITES AND/OR APPLICATION MAY BE UNAVAILABLE FROM TIME TO TIME FOR ANY REASON INCLUDING, WITHOUT LIMITATION, ROUTINE MAINTENANCE. IN ADDITION, VARIOUS PORTIONS OF THE WEBSITE OR APPLICATION MAY OPERATE SLOWLY FROM TIME TO TIME. YOU UNDERSTAND AND ACKNOWLEDGE THAT DUE TO CIRCUMSTANCES BOTH WITHIN AND OUTSIDE OUR CONTROL, ACCESS TO THE WEBSITE AND/OR THE APPLICATION MAY BE INTERRUPTED, SUSPENDED OR TERMINATED FROM TIME TO TIME. IN PARTICULAR, AND NOT IN LIMITATION OF THE FOREGOING, FIRM SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OF BUSINESS OR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE AND/OR APPLICATION.
- WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE CONSEQUENCES TO YOU ARISING BECAUSE OF YOUR USE OF THE WEBSITE, THE APPLICATION, WEBSITE AND/OR APPLICATION OR THE SERVICES. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY INCORRECT INFORMATION PROVIDED TO YOU BY ANY SERVICE PROVIDER AND FOR ANY FAILURE OF THE SERVICE PROVIDER TO COMPLETE THE ASSIGNMENT ON TIME OR THE QUALITY OF THE SERVICE PROVIDED.
- WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE, THE APPLICATION, WEBSITE AND/OR APPLICATION AND THE SERVICES UNDER THESE TERMS WILL NOT VIOLATE ANY LAW OR REGULATION APPLICABLE TO YOU.
11. Limitation Of Liability:
IN NO EVENT SHALL THE FIRM, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE WEBSITE, APPLICATION OR WEBSITE AND/OR APPLICATION OR ANY SERVICES OFFERED BY ANY SERVICE PROVIDERS VIA THE WEBSITE, THE APPLICATION AND WEBSITE AND/OR APPLICATION; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE AVAILABLE ON THE WEBSITE, THE APPLICATION OR WEBSITE AND/OR APPLICATION OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, THE APPLICATION OR THE WEBSITE AND/OR APPLICATION BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, THE APPLICATION OR WEBSITE AND/OR APPLICATION; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE ON THE WEBSITE, THE APPLICATION OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN REGISTERED USER AND SERVICE PROVIDERS; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR REGISTERED USER OR SERVICE PROVIDER; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE AND/OR THE APPLICATION OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE AND/OR THE APPLICATION WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FIRM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION NOTWITHSTANDING THE ABOVE, IN THE EVENT FIRM SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND FIRM AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF ANY PLATFORM FEES RECEIVED BY FIRM FROM YOU IN THE PRECEDING TWELVE MONTHS IN CONNECTION WITH USE OF THE WEBSITE, THE APPLICATION AND WEBSITE AND/OR APPLICATION OR INR 5000 WHICHVER IS LOWER. YOU AND FIRM AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND FIRM. YOU ACKNOWLEDGE THAT WITHOUT YOUR ASSENT TO THIS SECTION, FIRM WOULD NOT PROVIDE ACCESS TO THE WEBSITE, APPLICATION, WEBSITE AND/OR APPLICATION AND SERVICES, TO YOU.
IF YOU HAVE A DISPUTE WITH ONE OR MORE REGISTERED USERS OR SERVICE PROVIDERS, YOU FOREVER RELEASE THE FIRM (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, THE APPLICATION OR WEBSITE AND/OR APPLICATION AND/OR ANY SUBMITTED REGISTERED USER INFORMATION.
13. Termination /Modification/Suspension:
- The Firm may at any time, terminate its legal agreement with you if you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms).
- You may terminate this agreement with the Firm by deleting your Account from the Website or the Application.
- We may update or change the Website and/or Application or the Website and/or Application or the Terms and/ or levy platform fee for registering on this Application or Website (Platform Fee) from time to time and recommend that You review these Terms on a regular basis. You understand and agree that Your continued use of the Website and/or Application after the Terms have been updated or changed constitutes Your acceptance of the revised Terms.
- Notwithstanding anything to the contrary in these Terms, We have the right, on providing notice to You, immediately to terminate, suspend, or amend your use of the Website and/or Application, Website and/or Application without liability: (a) to comply with any order issued or proposed to be issued by any governmental agency; (b) to comply with any provision of law; or (c) if performance of any term of these Terms by either Party would cause it to be in violation of law.
- We may suspend Your services immediately pending Your cure of any breach of these Terms, or in the event We determine in Our sole discretion that access to or use of the Website and/or Application by You may jeopardize the Website and/or Application or the confidentiality, privacy, security, integrity or availability of information within the Website and/or Application or that You have violated or may violate these Terms, or have jeopardized or may jeopardize the rights of any third party, or that any person is or may be making unauthorized use of the Website and/or Application with any User Name assigned to You. Our election to suspend your services shall not waive or affect Our rights to terminate these Terms as applicable to You as permitted under these Terms.
14. Governing Law and Jurisdiction
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India and the courts at Delhi, subject to clause 15 below, shall have jurisdiction.
- Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Website and/or Application or its features or the information to which it gives access, shall be determined by Arbitration in India, before a single arbitrator in accordance with the Arbitration and Conciliation Act 1996 along with all amendments. The venue of such arbitration shall be New Delhi, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
- The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
16. Disputes between Registered Users and Service Providers:
Subject to the provisions regarding disputes between You and Service Providers in connection with offering and receiving Services, Briefs, Bid, Assignment, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and the Service Provider. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before accepting the Bid submitted by a Service Provider or entering into any transaction with any third party. You understand that deciding whether to receive Services from a Service Provider or accepting a Bid for an Assignment is your personal decision for which you alone are responsible. You understand that the Firm does not warrant and cannot make representations as to the suitability of any Service Provider, their credibility, quality of their Service, You may decide to interact with on or through the Website and/or Application, the accuracy of the information they post on the Website and/or Application. While the Firm may attempt to seek information about the background of a Service Provider you understand that Service Providers may register themselves suo moto. You also understand that any so called background check undertaken by Firm is not exhaustive, at the end of the day, You should take an informed decision on your own accord and keep in mind the fact that Firm only seeks to provide a platform wherein You and Service Providers have an opportunity to meet each other.
Notwithstanding the foregoing, You agree that since Firm only seeks to provide a platform wherein You and Service Providers can be brought together and Firm itself has no role in the execution or provision of Services itself, Firm shall not be responsible or liable for any loss or damage of any sort whatsoever incurred as the result of any such transaction or dealings.
If there is a dispute between You and a Service Provider, you acknowledge and agree that Firm is under no obligation to become involved. In the event that a dispute arises between you and a Service Provider, you hereby release the Firm, its officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or use of the Website, Application or any Service offered by a Service Provider thereunder.
17. Copyright Infringement Take Down Procedure
The Firm has high regard for intellectual property and expects the same level of standard to be employed by its users. Firm may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website and/or application to Registered Users who infringe upon the intellectual property rights of others. If you believe that your work has been copied and posted on the Website and/or Application in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at firstname.lastname@example.org
- identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website and/or Application, and information reasonably sufficient to permit Firm to locate the material;
- a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
- information reasonably sufficient to permit Firm to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
- a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice.”
18. Grievance officer:
In accordance with Information Technology Act 2008 and rules made there under, the name and contact details of the Grievance Officer is as follows:
Name: NK Gupta
Email Id: email@example.com
19. Miscellaneous Provisions:
- Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
- Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid nationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth above.
- Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
- Force Majeure: Firm shall not be liable for any downtime or delay or unavailability of the Website and/or Application including the Website and/or Application caused by circumstances beyond Firm’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
- Assignment: You may not assign or sub-license, without the prior written consent of Firm, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
Last updated 25 May, 2017.
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