1. Use of Our Services
You also acknowledge and agree that, unless we otherwise specifically agree in writing, Company is not in the business of offering, selling and delivery of goods or service. You understand that by accessing the Platform, and in becoming a member, you receive only the ability to use the Platform. You acknowledge and agree that Company is not a party to any relationship or agreement between you and another member, and that any such relationship is between the members only.
Members also acknowledge and agree that they are Members of the Platform only, and that they are not Company employees, joint venturers, partners, or agents whatsoever. Company does not have the right to control and does not control Members, or the relationships between them or the subject matter of such relationships. While Company may help facilitate disputes, We have no control over and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Services arranged between Members, (ii) the truth, accuracy or suitability of any description or any other aspect referred to by Members on the Platform, (iii) the performance or conduct of any Member or third party or (iv) the legality or compliance with laws, rules, regulations, orders and decisions that may be applicable to any relationship between Members or the subject matter thereof. While we may provide information that may be helpful in assisting you to evaluate another Member, and their status in the Company community, Company does not endorse any particular Member or any Services.
We are continually changing and improving the Platform. We reserve the right in our sole discretion to modify it, to add or remove features or functionalities or to suspend or terminate any part or all of the Platform with or without notice to you. We may also modify or amend these Terms or incorporated documents to reflect changes in the law, changes to the Platform, Fees (defined below) or any other aspect of the relationship between Company and You. You should look at the Terms regularly.
3. Account Registration, and Other Member Representations and Warranties
To access Our services, You will need to validly register for an account and to become a Member with verified phone and email. As indicated above, by doing so, You represent and warrant that you are over the age of eighteen (18) and are capable of entering into legally binding agreements in the relevant jurisdiction(s).
To create a Member account, You must create a password-protected account (“Account”). You may register for an Account using Your email and creating a password. You agree to provide accurate, current and complete information during the Account registration process and at all other times when You use the Platform, and to continually update information sufficient to keep it accurate, current and complete. You and You alone are responsible for safeguarding your Company Account password and You are solely responsible for all activity that occurs on or through your Account and that You will immediately inform Company of any suspected unauthorized use. Company is not liable or otherwise responsible for any loss or damage that any party claims is caused in whole or part by unauthorized use of Your Account. Notwithstanding the foregoing, You may, however, be liable or responsible to Company or third parties due to unauthorized use of Your Account.
By creating an Account, and becoming a Member, You agree that the We may send you text (SMS) messages and One-Time Password (OTP) as part of the normal business operation of Your use of the Platform. Such uses include without limitation, to provide You with information you requested from Company or its Members, to let you know about features, functions, improvements or changes to the Platform,to facilitate Your identification of desired Members or Members who may be able willing to discuss Services, or other aspects of your Account.
These text (SMS) messages may be automated or non-automated, and while Company does not charge You to send or receive such messages, message and data rates may still apply by your carrier or other provider. You may opt-out of receiving text (SMS) messages from Us at any time by contacting our Support team. You acknowledge that opting out of receiving text (SMS) messages may impact Your use of and ability to fully use the Platform.
4. Rights and Obligations of Company
5. Rights and Obligations of Members
7. Platform Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content created wholly by You or third parties and that is not created in whole or part by Us (“Member Content”), which may include but is not limited to profile information, information about Services or relationships and similar content. By making available Member Content to Us, You grant to Company an irrevocable worldwide, perpetual, non-exclusive, transferable, royalty-free and fully paid up license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, perform, transfer, display, publicly perform, stream broadcast, access, view and otherwise exploit (by means now known or to be developed in the future) the Member Content on the Platform and for any other purpose in our sole discretion, except that private messaging through the Platform will not be used by Company in public advertising. The license granted by You to Company will survive termination of these Terms and shall survive termination of the Platform, if any, or termination of Your Account. Company does not claim any ownership interest or rights in Your Member Content and nothing in these Terms shall be deemed to restrict rights You may have in Your Member Content. You acknowledge and agree that Company has no role in the creation, either in whole or in part, of Member Content you provide to Company or to the Platform and that You alone are solely responsible for all Member Content that You make available, including without limitation Requests, Offers and Acceptances, and the information that may be contained therein. You thus represent, warrant and agree that (i) you either own or have all necessary rights, licenses, consent and releases necessary to grant Company the rights in Member Content under these Terms; (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of Member Content or Company’s use of Your Member Content (in whole or part infringes, misappropriates or violates any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property or proprietary rights or result in violation of any applicable law, rules, regulation or court order. You acknowledge and agree that Company may exercise any traditional editorial function as to Member Content including but not limited to proofreading, editing, summarizing, digesting or other editing without becoming the author of such content, and that it remains Your sole responsibility to monitor your Member Content and to guarantee that any such edited Member Content is accurate and consistent with your representations, warranties and agreements in these Terms.
We reserve all rights, in our sole discretion to remove, suspend, disable access to or otherwise to restrict access to the Platform or to Member Content that We consider to be a violation of these Terms, Company policies and procedures, We consider harmful to the Platform, to Company or to any other Member or third party or which We consider to be otherwise objectionable or for any other reason.
8. Representations and Warranties for Payment
As set forth above, except where we otherwise specifically agree in writing, Company does not own, create, sell, offer, resell, provide, control, manage, buy, offer to buy, bring, or offer to bring or supply any Services or any other tangible or intangible thing that You may discuss with another Member. When Members make or accept an offer to transact, they are entering into a contract with each other, and even though Company may act as a limited payment collection agent as defined below, it is not a party to any agreement discussed or entered into between Members.
Company may restrict the availability of payment services, or any aspect or feature of payment services, to perform maintenance of systems to help ensure the proper functioning of the system or to improve, enhance, modify, suspend or terminate any payment service, or to introduce new or additional services at any time, including through additional third parties. The payment-related services may contain links to certain third-party platforms, applications, services or resources (“Third Party Services”). Any such Third Party Services are subject to different terms or conditions and privacy practices created or controlled by third party providers and not Company, and Members should review them carefully and independently. Company is not responsible for or liable for the availability, accuracy, reliability or anything related to Third Party Services, including the content thereon. Links or other access to information of Third Party Service providers shall not constitute an endorsement by Company of such providers or their services.
9. Third Party Websites
The Services may contain links to other websites. The Services also may utilize third party Services, advertisements, offers and payment systems. Company is not responsible for these third party products, Services or their contents. The inclusion of such a link does not imply endorsement of the Services or its contents or any association with its operators. Company is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such websites. Under no circumstances shall Company be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or Services available from third parties. Any concerns regarding any third-party websites should be directed to its respective platform administrator.
10. Intellectual Property
You acknowledge and agree that all content, design elements, and materials available on this Services are protected by copyrights, trademarks, Services marks, patents, trade secrets, or other proprietary rights and laws. No materials from this Service may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or for any means without our prior written permission. Furthermore, you agree to not to sell, license, rent, or create derivative works from such materials or content. Systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us is strictly prohibited. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark and other applicable laws.
11. EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED ON “AS IS”BASIS.
IN PARTICULAR, COMPANY DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND COMPANY WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THE TERMS.
COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN CLAUSES ABOVE, MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY PROVIDES THE SERVICES ON “AS IS” BASIS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE INFORMATION, CONTENT, SERVICES OR OTHER MATERIALS MADE AVAILABLE USING THE SERVICES OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES. COMPANY AND ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE SERVICES. COMPANY SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL COMPANY ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF COMPANY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Company is not obligated to investigate, monitor, mediate or resolve any dispute you may have with another Member of the Services, although we may undertake such action in our own discretion. In the event of a dispute with another Member of the Services, you agree (a) to indemnify us from any liability and (b) that we will not be liable, for any type of damages or for any type of claim or demand arising out of or related to any dispute you may have with any other Member of the Services.
14. General Terms
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
These Terms, and Your relationship with Company under these Terms, shall be governed by the laws of India shall be applicable and Courts in Gujarat shall have jurisdiction.
You agree that if a dispute arises between You and Company, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, You must first contact us directly and work with us to resolve the dispute. If a dispute cannot be resolved, such dispute will be referred to binding mediation between the parties, and the decision of the mediation shall be final and binding to both the parties. In the event that the mediation fails to yield a result, the parties shall compulsorily refer the dispute to arbitration, with the arbitral panel consisting of three arbitrators; one arbitrator is chosen by each party and the third being jointly appointed by the two chosen arbitrators.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Company may assign its rights under this Agreement without notice to you. You agree that any cause of action arising out of or relating to Platform must commence within one (1) year after the cause of action arose.
Company may freely assign these Terms and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice.
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