A. It is hereby stated and submitted that the terms and conditions setout for the usage of our platform has been setout hereunder hereby binding you (including your assignees, representatives, employers or employees) and us (including your assignees, representatives, employers or employees) to the terms and conditions setout hereunder.
1. CREATION &TENURE OF THE ACCOUNT:
1.1. It is hereby stated that in order to create account in order to avail services through our website, one needs to be a person whose body is above the age of 18 years and that the account shall not be created by any person or individual below the stipulated age.
1.2. In the event of any person making false or fake representation in pursuance of clause 1.1 shall be liable to attract any penal or civil proceedings, provided such said representation is causing harm, injury, loss or damage or prejudicing us in any forms of nature.
1.3. It is hereby stated and agreed that account continues to exist till perpetuity save and except in following events, circumstances and/or situations stated hereunder in the clause no. 7.
2. YOUR DUTIES AND RESPONSIBILITIES:
You hereby agree, confirm and declare to abide by and perform the duties stated hereunder diligently:-
2.1. To observe professional etiquettes.
2.2. To maintain order and co-operate with the operation of the employers and employees working under the name and banner of our company.
2.3. To make on-time payments.
3.1. It is hereby agreed, stated, affirmed and declared that there will be complete confidentiality in terms of data that you provide to us at the time of creating account on our platform and that the same would in no circumstances save and except under following situations and circumstances:
- As per the mandate of law.
- As required by the necessary orders or decree or judgment of any Hon’ble Court.
- As required by any government machinery or local authority with appropriate sanctions, permissions and authority.
4.1. It is hereby agreed, confirmed and declared by and between you and us you are entitled to make payments us completely upon completion of the work or task order by you and consequentially accomplished by us.
- Online Payment
5. DISPUTE RESOLUTION:
5.1. In the event of any dispute or controversy of any sort or nature arising between you and us, shall be dealt and handled in the manner stated hereunder:
All sort of dispute or controversy shall be, at the first hence, subjected to mediation by and between you and us in accordance to the manner setout hereunder:
5.1.1. That the mediation must be commence within 15 days from the date of cause of action in respect of the dispute or the controversy.
5.1.2. That the mediation must conclude upon some consensus between you and us within a stipulated period of 10 days from the date of commencing of the said mediation.
5.1.3. That the mediation shall be conducted by and in the presence of atleast one mediators.
5.1.4. That the appointment of the mediator(s) shall lie at our discretion and it is hereby assured that the appointed mediator shall not be influenced by us thereby prejudicing the mediation between the mediation processes.
5.1.5. That the language of the mediation shall be any of the language that is decided upon my mutual consent.>
5.1.6. The place of mediation shall be Gurgaon, Delhi.
5.1.7. The venue of mediation shall be decided as per mutual decision.
5.2. In the event of the said dispute or the controversy between you and us is not sorted by way of mediation then the same is to be subjected to arbitration by and between you and us:
5.2.1. That the arbitration must commence within 5 days from the date of failure of mediation in respect of the dispute or the controversy.
5.2.2. That the arbitration must conclude upon some consensus between you and us within a stipulated period of 10 days from the date of commencing of the said arbitration.
5.2.3. That the arbitration shall be conducted by and in the presence of atleast one arbitrator appointed by the parties.
5.2.4. The fees of the arbitrator shall be divided equally by both the parties.
5.2.5. That the language of the arbitration shall be any of the language that is decided upon my mutual consent.
5.2.6. The seat of Arbitration shall be Gurgaon, Delhi.
5.2.7. The venue of arbitration shall be the chambers of said arbitrator.
5.2.8. It is further stated and submitted that the arbitration clause of 5.2 and sub-clause thereunder from sub-clause 5.2.1 to 5.2.7 shall be governed by the Arbitration & Conciliation (Amendment) Act, 2015 and amendments thereunder.
5.3. In the event of the said dispute or the controversy not being resolved by mediation and consequential arbitration within a stipulated period stated hereinabove, then the same shall be subject before the Hon’ble Court of competent jurisdiction.
5.4. In the event of you committing a breach of the clause no. 5.1 and 5.2 alongwith the sub-clauses stated hereinabove i.e. by subjecting or referring the dispute or controversy before the Hon’ble Court of competent or incompetent jurisdiction, without making a judicious attempt to resolve the issue or dispute or controversy by virtue or amicable settlement i.e. mediation and/or arbitration, then in such an event the litigation expenses so incurred at the hence of such breach shall be borne by you, thereby compensating us to that effect.
6. NO DEFAMATION:
6.1. It is hereby stated that in the event of any controversy or dispute by and between you and us, you are to still observe professional etiquettes and that you shall not post, comment or upload any of the content or data on any public platform, which even includes the social sites such as the facebook, Twitter, Instagram, linkedIn,Google etc and all such incidental sites, or make any comments thereon thereby prejudicing our name, fame and goodwill in any form or nature.
6.2. In the event of the breach of the clause no. 6.1, we reserve the right to commence criminal proceedings u/s 499 and 500 of Indian Penal Code, 1860, or civil proceeding thereby claiming huge amount to compensate us for the loss caused by you.
7. DELETION OF THE ACCOUNT:
It is hereby stated, agreed and affirmed that we reserve the right to delete your account upon informing you about the same in the following event:-
7.1. In the event of you misbehaving, with any of our employer or employees.
7.2. In the event of you failing to make payments in-time and remain to fail to make payment upon further request.
7.3. In pursuance of you acting in accordance to clause no. 6.
7.4. In any prohibitory act that shall prejudice the name, fame, goodwill, interest and name of the company.
8. Social media personal data collection :
1. If we receive the personal information from any social sites like facebook twitter,instagram etc which you shared during accessing link or page, the page will ask you for granting the permission to access and collect your personal information like email password ,profile images, gender, basic family, friends detail and more your personal information through that action if you do so we will get the permission to retrieve the personal information on our data base.
2. If you reject that link or page and we will never access your personal information without your permission.Social sites generally uses the personal information for their personal ads or benefit.We are not responsible for this. Please make changes to your privacy setting.
It is hereby stated, declared and affirmed that the terms and clause, along with sub-clauses, setout hereinabove shall be subjected to amendment, alteration, modification and/or changes from time to time by us and the same would be intimated or notified about to you through a written mail at your registered electronic mail address within our database.
A. DECLARATION BY US:
We hereby agree, confirm and declare that :-
A.1. We are just a platform hereby acting as mediator between you (i.e. the customer) and the vendors attached to our firm.
A.2. It is hereby stated that the vendor is performing the duties in pursuance of your order or bookings and that the same shall be upon the sole responsibility of the said or the appointed vendor and that we are not responsible to any extent in the event of the any misconduct, misuse, failure at the hence of the said or the appointed vendor and/or any forbidden or prohibitory act/deed of the said or appointed vendor.
A.3. We have taken our best efforts in order to investigate about the vendor in all respect thereby ensuring that the vendors tendering services shall not be the ones have present or previous convictions of any sort or nature.
A.4.We are open to grievance and complaint from you over the telephone or electronic mails.
B. DECLARATION BY YOU:
It is hereby stated, agreed and declared loud that all the information tendered by you to us using our platform at the instance of signing up and consequential creation of account is correct and true to the best of your knowledge and that you have neither made nor will make any attempts to mislead or misguide us in any form or nature and of any magnitude.