Effective Date: March 23, 2016
1.1. This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.3. The Website is owned, registered and operated by Econolytics Consultancy Private Limited, a private limited company, incorporated under the provisions of the Companies Act, 2013 and having its registered office at S-131, Lower Ground Floor, Panchsheel Park, New Delhi – 110017 (hereinafter referred to as “Company” or “ Econolytics” which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include heirs, executors, administrators, successors and permitted assigns).
2.2. “Authority” shall mean any national, state, provincial, local or similar government, governmental, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organization to the extent that the rules, regulations and standards, requirements, procedures or orders of such authority, body or other organization that have the force of Applicable Law or any court, tribunal, arbitral or judicial body in India;
2.3. “Affiliate” shall mean any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with Econolytics.
2.5. “Client Deliverables” shall mean any information or materials that a Data Expert may receive, or may reasonably request and/or require from a Client to perform Data Expert Services, including without limitation any intellectual property, instructions, written materials, or any other written or spoken information.
2.6. “Confidential Information” shall include all trade secrets of the Company or the User, and all information which has been specifically designated as confidential by the Company or the User, including any information which relates to the operational, commercial, technical and financial activities of the Company or the User or any such confidential information concerning any other person, company, or any of its or their suppliers, agents, distributors or customers, including without limitation, Client Deliverables, Data Expert Deliverables, Work Product, and any other information provided to, or created by, a User for a Service Contract or to perform or assist in performing Data Expert Services, regardless of whether in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that: (a) is generally known by third parties as a result of no act or omission of Data Expert or Client; (b) subsequent to disclosure hereunder, was lawfully received without restriction on disclosure from a third party having the right to disseminate the information; (c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by User without use of another person’s Confidential Information.
2.7. “Engagement” shall mean an engagement between a Client and a Data Expert pertaining to the provision of Data Expert Services. “Engage” and “Engaged” shall be interpreted accordingly.
2.8. “Escrow Account” shall mean the escrow account maintained by Econolytics for receiving and sending out payments related to the services offered by the Company on the Website, include without limitation, to deliver, hold, or receive payment for Data Expert Services Engaged through the Website.
2.9. “Escrow Instructions” shall mean the instructions or norms upon which payments are received or sent from the Escrow Amount.
2.10. “Fixed-Price Contract” shall mean Service Contracts for an Engagement between Users whereby the Data Expert Services are provided to the Client by the Data Expert for a fixed fee decided upon by such Client and Data Expert prior to the commencement of such an Engagement, whereby a Client is charged a fixed fee agreed between such Client and Data Expert, for the completion of all Data Expert Services contracted between them.
2.11. “Data Expert” or “Expert” shall mean any authorized User utilizing the Website to advertise, solicit, and provide Data Expert Services to other Users.
2.12. “Data Expert Deliverables” shall mean any information or materials that a Client may receive, or may reasonably request and/or require from a Data Expert in performance of Data Expert Services, including without limitation any intellectual property, written materials, or any other written or spoken information.
2.15. “Intellectual Property Rights” shall mean all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
2.16. “Payment Method” shall mean a valid credit card issued by a bank acceptable to Econolytics, a bank account, a PayPal account, a debit card, net banking or such other method of payment as Econolytics may accept from time to time at its sole discretion.
2.17. “Periodic Contracts” shall mean Service Contracts ( as defined below) for an Engagement between Users whereby the Data Expert Services are provided to the Client by the Data Expert for a fixed period decided upon by such Client and Data Expert prior to the commencement of such an Engagement, whereby a Client is charged a fee periodically as agreed between such Client and Data Expert, for the completion of such periods as contractually agreed upon between them.
2.19. “Service Contract” shall mean, as applicable, the contractual provisions between a Client and a Data Expert governing the Data Expert Services to be performed by a Data Expert for Client in pursuance of an Engagement between such Client and Data Expert.
2.20. “User Content” means any data, feedback, content, text, photographs, images, video, music, or other information that You post to any part of the Website or otherwise provide to Econolytics.
2.21. “Work Product” or “Project” means any tangible or intangible results or deliverables that Data Expert agrees to create for, or actually delivers to, a Client in performance of Data Expert Services, including, but not limited to, configurations, computer programs, or other information, or customized hardware, and any intellectual property developed in connection therewith.
3.1. The Website is an online marketplace for Clients to solicit Data Experts on different engagement models. You expressly acknowledge, agree, and understand that the Website is a marketplace where Clients and Data Experts can identify each other and advertise, solicit, buy, and sell Data Expert Services online.
3.3. You expressly acknowledge, agree, and understand that: (a) the Website is merely a venue where Users may act as Clients and/or Experts; (b) The Company is not a party to any Service Contracts between Clients and Experts; (c) You are not an employee of the Company and the Company does not, in any way, supervise, direct, or control the Expert or the quality of Projects rendered to the Client; (d) The Company will not be held liable for anything related to any Engagement, Projects, Client Deliverables, Data Expert Deliverables, and/or Service contracts between Clients and Experts or for any acts or omissions by You or other Users or anything connected thereto; (e) The Company does not supervise or exercise any other control over Experts or the services, including without limitation Data Expert Services and/or Data Expert Deliverables, advertised, solicited, offered or rendered by them or anything connected thereto; and (f) The Company makes no representations as to the reliability, capability, or qualifications of any Expert or the quality, security, or legality of any services rendered by such Expert and the Company expressly and explicitly disclaims any and all liability relating thereto.
4. WEBSITE TERMS
4.1. The Website acts as a mere facilitator between the Client and the Expert for the performance of Engagements and Projects.
4.3. If You use the Website as a registered User, You are responsible for maintaining the confidentiality of Your User ID and any associated passwords. You are responsible for all activities that occur under Your Account, User ID and passwords. You agree inter alia to provide true, accurate, current and complete information about Yourself on the Website. If You provide any information that is untrue, inaccurate, not current or incomplete or We have any grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the absolute right to indefinitely suspend, terminate or block Your access to the Website and refuse to provide You with access to the Website at Our sole discretion. Provided that, We may from time to time, use such means and such sources as We deem fit to update, modify, or change information provided on Your User Account and that You provide us the explicit consent to undertake any such update, modification, or change as We deem fit at our sole discretion by accessing or otherwise using the Website including without limitation, by opening a User Account.
4.4. We are not a party to, or control in any manner any transaction between the Clients and Experts with respect to the Projects posted by Client(s) on the Website.
4.5. All commercial/contractual terms including but not limited to price, time period of delivery and warranties related to services provided are offered by and agreed to between the Expert and the Client respectively, on their own terms without the intervention of the Website. We do not have any control and We do not determine in any way, the offering or acceptance of such commercial/contractual terms between the Client and the Expert.
4.6. We do not make any representation or warranty as to the specifics of the Projects , solicited, proposed to be sold or offered to be sold or purchased on the Website. We do not accept liability for any errors or omissions, whether on behalf of itself or third parties.
4.7. We are not responsible for any non-performance or breach of any contract entered into between Client and Expert. We shall not be required to mediate or resolve any dispute or disagreement between Client and Expert. We may, at our sole discretion, take such measures as We may deem fit, to try and ensure a peaceful and amicable settlement between the Client and Expert as provided in Clause 5 hereto and/or the Grievance Redressal Mechanism ( as defined below), however We do not provide any guarantee for the same.
4.8. We do not, at any point of time, during any correspondence or transaction between Client and Expert on the Website at any point gain title to or have any rights or claims over the services exchanged between the Users. At no time shall the Website hold any right, title or interest over the services exchanged nor shall it have any obligations or liabilities in respect of contracts entered into between Clients and Experts for such services including without limitation any Engagements and/or Data Expert Services.
4.9. We reserve the right to moderate access to the Website and exercise at our sole discretion:
(a) the right to block IP addresses;
(b) filtering, deletion, delay and/or omission of content;
(c) User verification methods; and/or
(d) the right to freeze/block/regulate/monitor/terminate access to User Accounts.
5. GRIEVANCE REDRESSAL MECHANISM AND SETTLEMENT OF DISPUTES BETWEEN CLIENTS AND EXPERTS
5.1. In the event of any grievances or complaints, the Client or Expert may record such grievance/complaint and direct it to firstname.lastname@example.org, whereafter, We may take such steps for resolution of such grievance/complaint as We may deem fit at our sole discretion. Provided that, We undertake no warranties or liabilities for any successful resolution of such grievance or complaint.
5.2. The Users shall raise issues or otherwise complaint under the Settlement Process (as defined below) only in case of a dispute or grievance arising out of any change from the mutually agreed upon Project Scope. Provided that, among other things, no complaints or dispute can be raised by any User for any issues arising out of or otherwise connected to: i) the quality of the work performed or deliverables prepared under any Engagement; ii) any work performed or deliverables that have already been approved or otherwise accepted by the User.
5.3. Subject to Clause 4.7 above, Econolytics shall undertake a settlement process through such manner and means, as it may deem fit at its sole discretion, to address any dispute between any Client and Expert (“ Settlement Process”). Provided that, no provisions of this Agreement put any obligation on Econolytics to carry out such Settlement Process or to otherwise resolve any such dispute.
6. CONTRACTUAL RELATIONSHIP BETWEEN CLIENT AND EXPERTS
6.2. Such Service Contracts as provided in Clause 6.1 may only be one of the following kinds:
(a) The Fixed-Price Contract;
(b) the Periodic Contracts;
(c) Permanent Hiring Contracts.
6.5.1. Fixed-Price Contracts - If Users choose Fixed-Price Contracts, they shall follow Milestone based payments as provided below:
a) Upon the finalisation of a User as a Data Expert for an Engagement by another User acting as a Client, such Data Expert shall submit a detailed project scope to the Client (also referred herein as “ Work Diary” or “Project Scope”) comprising of milestones that outline the details of the Engagement, including without limitation, the delivery schedule and timelines for the Project (“Milestones”).
b) Upon the receipt of the Project Scope by the Client from the Data Expert, the Client must approve or object to such Project Scope, provided that failure to make such acceptance or rejection within a period of time would imply non-acceptance and therefore, the expert shall not start working on the project. .
d) The Data Expert shall follow the Milestones Schedule submitted by him/her and the Client must accept or reject a submission for a Milestone (“Submission”) within a stipulated period of time from the receipt of such submission, provided that failure to make such acceptance or rejection would deemed to be acceptance of the Submission by the Client.
e) If the Client rejects or objects to a submission made for the Milestone Submission within a period of time provided by Econolytics or mutually agreed upon between the Users, then the Data Expert shall not get paid for the Milestone submission, unless agreed upon by both parties.
f) All timelines are calculated on the Econolytics Website are based on Indian standard time zone.
6.5.2. Periodic Contracts: If Users choose Periodic Contracts, they shall follow the following payment schedule:
a) Upon the finalisation of a User as a Data Expert for an Engagement by another User acting as a Client, such Data Expert shall submit a detailed project scope to the Client (also referred herein as “ Work Diary” or “Project Scope”) comprising of comprising of the total number of hours, days, weeks or months that the project will be based on (“ Contract Schedule”).
b) Upon the receipt of the Project Scope by the Client from the Data Expert, the Client must approve or object to such Project Scope, provided that failure to make such acceptance or rejection within a period of time would imply non-acceptance and therefore, the expert shall not start working on the project. .
6.5.3. Permanent Hiring Contracts – Please refer to the Company’s Permanent Hiring Policies available at Annexure B for terms governing Permanent Hiring Contracts.
6.6.1. Fixed-Price Contracts:
6.6.2. Periodic Contracts:
7.1. You hereby agree and warrant that You shall make and receive payments only through Econolytics during the course of an Engagement and for a period of 2 (two) calendar years thereafter, or for a period of 2 (two) calendar years from the date You first meet/become aware about a Data Expert or a Client on the Website.
7.2. Provided that, the Company may at its sole discretion allow an exception to the application to the provisions of Clause 7.1 to a User on such terms and conditions as the Company may deem fit, including without limitation, such consideration as may be determined by the Company at its sole direction.
7.3. Provided that, in case of breach of the obligations provided under this Clause 7 by a User, the Company reserves the absolute right to take such action as it deems fit, including without limitation blacklisting of such User, blocking such User’s access to the Website, and indefinitely suspending such User’s Account. Provided that, the right of the Company under this Clause 7 shall not be in prejudice to any other legal or contractual rights that the Company may be entitled to.
8. EMPLOYEES AND SUBCONTRACTORS
8.1. If a User subcontracts with or employs third parties to perform Data expert Services on behalf of the User for any Engagement, the User represents and warrants that it does so as a legally recognized entity or person and in compliance with all applicable laws and regulations.
8.2. As used in this Agreement, the term “Delegee” refers to any employee, independent contractor, or agent of a User, that the User engages to perform any work on its behalf under a Service Contract. As used in this Agreement, the term “Agency” refers to any organisation comprising of employee, independent contractor, or agents (“ Agency Members”), that the User engages to perform any work on its behalf under a Service Contract.
8.3. Provided that, in all cases where User has Delegees, the User remains solely and personally responsible/liable for all services performed under Service Contracts, including without limitation ensuring that the services comply with the Terms of Service (including confidentiality and intellectual property obligations). The Data Expert shall take complete responsibility of the quality of work of the Delegee. Each Agency specifically acknowledges and agrees that Agency Members have the authority to bind the Agency to Service Contracts entered into by Agency Members on behalf of the Agency.
8.4. Data expert, Agency, Delegee, and Client acknowledge and agree that Delegees are not employees, independent contractors or agents of Econolytics or Client. Agency, Delegee, and Data Expert represent, warrant, and covenant that: (a) Agency and, if applicable, each other User is solely responsible for all payments, obligations, wages, costs, unemployment insurance, workers’ compensation insurance, contributions, and expenses of Delegees; (b) neither Econolytics nor Client has the right or power to supervise or control Delegees; and (c) no Delegees of any Agency or other User will have any claim under this Agreement or the other Terms of Service for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, contributions, or any other employee benefits of any kind from Econolytics or Client.
8.5. With respect to Delegees, Econolytics merely provides the platform for Agency or Data Expert to communicate and share information with Clients and, if they are Users, with Delegees. Agency, Delegee, and Data Expert understand and agree that the contract terms, pay rate, work hours, service dates and working conditions will be established by the Agency, Data Expert, and/or Client and not by Econolytics. Agency, Delegee, and Data Expert acknowledge and agree that Delegees are not employees or independent contractors of Econolytics, and further acknowledge and agree that they will not be providing any services to Econolytics (directly or indirectly) while employed or engaged by the Agency or another User.
8.6. Agency, Delegee, and Data Expert acknowledge and agree that Econolytics does not, in any way, supervise, direct, or control Delegees; Econolytics does not assure the quality of work of either the Data Expert or the Delegee; Econolytics does not set Delegees’ contract terms (including determining whether the contract will be set at a periodic or fixed fee), fees, rates, work hours, work schedules, or location of work; Econolytics will not provide Delegees with training or any equipment, labour, or materials needed for a particular Service Contract; and Econolytics does not provide the premises at which the Delegees will perform the work.
9. REPRESENTATIONS, WARRANTIES AND OBLIGATIONS OF THE WEBSITE
9.1. We hereby represent and warrant that:
(a) We are a duly registered company as under the relevant provisions of the Companies Act, 2013;
10. LIMITATION AND DISCLAIMER OF WARRANTY
10.1. The Website, the services provided thereunder, and each portion thereof are provided on an ‘as-is’ without warranties of any kind either expressed or implied. To the fullest extent possible pursuant to Applicable Law, We disclaim all warranties, express or implied, with respect to the Website, the services and each portion thereof, including, but not limited to, non-infringement or other violation of intellectual property rights.
10.2. We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of the content on the Website or the services provided thereunder.
10.3. We shall not be liable for any loss or damages suffered by the User due to any false or untrue content published on the Website.
10.4. We shall not be liable if the content violates Applicable Law or contains material errors, or is (or could be subject to a claim that it is) defamatory, obscene, invades the right of privacy, or infringes any right of any person or entity.
10.5. The content posted on the Website does not reflect our opinion or view on the subject matter of the content. We shall not be responsible for the opinions or views expressed by the writers/publishers of the content or the views and opinions of the Users in the form of User Feedback subject to Clause 25 herein.
10.6. We shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever incurred by the User due to use of the Website’s services or due to the non- availability of the Website services.
10.7. We make no representation or warranty that the content published on the Website or the Website shall (i) meet Your requirements/be accurate or reliable; (ii) be uninterrupted, timely, secure or error-free; and that We shall (iii) rectify any errors found in the content or on the Website’s software. Further, access to the content and Website shall be contingent to Your internet accessibility and We shall not be held liable for any sporadic breaks in Your internet accessibility.
10.8. We shall not be liable in the event any damage or loss occurs to Your computer system, or any other electronic device, or any data as a result of downloading the content published on the Website.
10.10. We shall be entitled to disclose to the Authority, as required by Applicable Law or by any directive or request from any government body, the particulars of the User engaged with the Website.
10.12. We are not liable for moderating the Website, not moderating the Website, and nothing We say or do waives our right to moderate, or not moderate.
11. REPRESENTATIONS, WARRANTIES AND OBLIGATIONS OF THE CUSTOMER
11.1. The Client hereby represents and warrants that:
(b) You shall provide accurate information and details at the time of registration and You must update any changes to such information, so that it remains current;
(c) While creating Your account, You agree to provide complete and accurate information about Yourself. You may not impersonate any third party to create or use an account for anyone other than Yourself or provide an email address other than Your own or create multiple accounts of Yourself on the Website.
(d) You shall not allow: (i) any other person to share Your User Account; (ii) any part of the Website being cached in proxy servers and accessed by individuals who have not registered as Users of the Website; and (iii) access to the Website through a single account and password being made available to multiple users on a network.
(e) You shall not post obscene, lewd, pornographic, libellous, slanderous or any other such content on the Website that is in violation of the Applicable Law.
(f) You shall only post or seek Projects with a lawful object under Applicable Law and make payment for Projects purchased via legal consideration under Applicable Law.
(h) You agree and acknowledge the fact that there can be minor differences between the Project description and the physical execution of the same;
(i) You shall not demand refund for any minor infractions; and
(j) You agree and acknowledge that once the order has been placed on the Website for a Project, You shall not be allowed to cancel or modify the order, subject to the cancellation terms as provided by the Company.
(k) Any information You submit to Us, is at Your own risk. By providing information to Us, You represent and warrant that You are entitled to submit it and that it is not confidential, and it is not in violation of any law, contractual restrictions or other third party rights.
(l) You agree to not bypass the Website’s right of moderation as enumerated in the above Clause 4.9.
12.2. All confidential records, documents and other paper together with any copies or extracts thereof, made or required by You during Your use of the Website shall be the property of rightful owner of such Confidential Information and must be returned upon the termination of such use, including without limitation any Engagement or Data Expert Services.
14.1. The Website may contain links to other Websites (" Linked Sites"). The Linked Sites are not under the control of the Website. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.
14.2. We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by the Website, of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
15. ADVERTISEMENT LINKS
15.1. The Website may contain links to various advertisements (“ Advertisement Site”). The Advertisement Site is not under the control of the Website. We are not responsible for the content on any Advertisement Site, including, without limitation to, any link contained in the Advertisement Site, or any changes or updates to the same.
15.2. These Advertisement Site(s) shall be construed to be Linked Sites as mentioned in the above Clause 14 and the provisions of Clause 14 above shall apply for Advertisement Site(s).
16. FRAUD AND IMPROPER CONDUCT
16.1. You may only access the Website and use its services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all provisions of Applicable Law pertaining to Your use of the services. You agree that You will not in any way:
(a) Interfere with the ability of others to access or use the Website and the services provided through the Website;
(b) Disrupt any communication between Users on the Website or otherwise act in a manner that adversely affects other Users’ ability to use the Website or the services provided therein;
(c) Interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
(d) Upload or post or use the service to transfer any content or other material that contains or constitutes, including but not limited to viruses, malware, trojan horse, and malicious code with disruptive and/or destructive features.
(e) You shall not attempt to gain unauthorized access to the account of any other User, or otherwise interfere with any other User’s use of the Website or the Services provided through the Website;
17. INTELLECTUAL PROPERTY RIGHTS
17.1. Intellectual Property
17.1.1. The copyrights, design rights (whether or not registered), moral rights, performance rights, database rights, new media rights, names, logos, publicity rights, and any and all other intellectual property and proprietary rights of any nature whatsoever that subsist, or may subsist, or be capable of registration, in each case in relation to the work/communication/content posted on Website by the Expert rests with the Client. The Expert hereby grants the Company a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, display the credentials/work product of the Expert for the purpose marketing and promotion of the Website/Company.
17.1.2. All Company’s content included on the Website, including but not limited to, text, graphics, logos, designs, photographs, button icons, images, video clips, digital downloads, data compilations etc., is Our property and is protected by the Applicable Law with respect to intellectual property rights. The compilation of all content on this Website is Our exclusive property, and shall not be reproduced or used without express written permission from Us. We reserve the right to terminate our engagement with You, if We, in Our sole and absolute discretion, believe that You are in violation of this Clause.
17.1.3. The content made available on or via the Website, is provided to You ‘as is’ for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without Our prior written consent. We reserve all rights therein, whether expressly granted in and to the Website or not.
17.2. The Website is the domain of the Company. The Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute the trade dress of the Company. The trademarks, domain names and trade dress of the Company shall not be used or reproduced without prior written approval from the Company, and may not be used in connection with any product or service that is not affiliated with the Company in any manner that is likely to (i) cause confusion among Users or potential users; or (ii) dilute the rights of the Company; or (iii) disparage or discredit the Company.
18. DISBURSEMENT MECHANISM
18.1. The Client upon making any payment on the Website, shall be directed to a third party payment gateway (“PG”). The Client shall make payments through net-banking/debit card/credit card/mobile wallet or any other method as provided by the PG. The PG shall prompt the Client to remit payments as per Escrow Instructions.
18.2. All payments mentioned above in Clause 18.1 must be made in compliance of the Applicable Laws on taxation and any other monetary deductions to be made thereunder. Each party is solely responsible for all tax returns, certificates required to be filed with and/or and payments made to the relevant Authority in any nation with respect to the Expert’s performance, and Client’s acceptance of the Expert and the Project(s).
18.3. The Client agrees and accepts that all nuances and modalities relating to making payment using the abovementioned methods shall be separately governed by arrangement(s)/terms and conditions between the Client and the Expert. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the aforementioned payment including any fraudulent transaction.
18.4. While availing any of the payment method(s) available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (i) lack of authorization for any transactions; (ii) any payment issues arising out of the transaction; or (c) decline of such transaction for any reason.
18.5. The Client accepts and agrees that the PG provided by the Website is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing a PG, the Website and by extension the Company, is neither acting as a trustee nor acting in a fiduciary capacity with respect to the payments made by the Client against the purchase of Projects on the Website.
18.6. In the event of a failed transaction wherein the money is debited from Your account but the same has not been credited to Our account, You may provide the Website in the manner specified therein, the relevant transaction details to validate such transaction, following which, the Website shall take necessary steps to track such transaction.
18.7. The PG may charge a fee for processing transactions or disbursing payments. The Users agree and warrant that they will shall be liable to pay any such fee that may be levied by a PG for any payments made relating to or connected with any Engagement entered into by such Users.
19. MODIFICATION, CANCELLATION AND REFUND
19.1. Any modification or cancellation of Project will be dealt by the Client and the Expert without any involvement from the Website. The Website is not responsible and will not be held liable for any claims for the same.
20.1. You undertake to indemnify Us, for any losses or damages resulting from any third party claims or complaints arising from, or in connection with Your actions on the Website, and/or breach of this Agreement.
23. GOVERNING LAW AND DISPUTE RESOLUTION
23.2. You agree to waive any and all objections to the exercise of jurisdiction over the concerned parties by such courts and to venue in such courts.
25. USER FEEDBACK
25.1. While submitting/posting comments/suggestions/opinions/feedback (“ User Feedback”), in the manner specified and set forth in the Website, the User agrees and acknowledges that:
(a) The User Feedback does not contain any confidential information or is not in violation of any third party right including intellectual property rights;
(b) The User Feedback shall not be unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or otherwise inappropriate;
(c) We are not under any obligation of confidentiality, express or implied, regarding the User Feedback;
(d) We reserve the right to use or disclose such User Feedback for any purpose, in any way, as We deem fit;
25.2. By posting/submitting User Feedback, the same shall become Our intellectual property right without any obligations including but not limited to any compensation or consideration, express or implied to You.
ANNEXURE – A
SERVICE CONTRACT TERMS
Users agree that the terms concerning the Service Contract described on the Website, including Data Expert Fees, rates, period (hourly/daily/weekly/monthly), and milestones, form part of the Service Contract.
Any amendments to Service Contracts between any Users shall require the prior mutual agreement of such Users in writing. Any amendments so made by a party without such prior consent shall be deemed to be invalid unless later ratified by the non-amending party through written approval. Further provided that, in case of any amendment made in violation of this Clause, unless such amendment is approved by the other non-amending party, such other non-amending party shall have the right, but not the obligation to terminate such Service Contract with immediate effect.
ANNEXURE – B
PERMANENT HIRING CONTRACTS
This User Agreement (this “Agreement” ) is a contract between the Company and the Client.
1. The Client is required to provide all their requirements on the Website.
2. The Company will shortlist and introduce potential candidates for such position(s) as requested or outlined by the Client pursuant to the terms and conditions set out in this agreement.
3. The Company can provide all the information to the Client on the candidate, including but not limited to the information provided by the data expert during registration, publically available information and internal assessments conducted by the Company.
4. The Client can interview the data expert but ensure that the Client remains notified of any interaction.
5. Company will not be responsible for getting Reference or background checks done. Nor is the Company liable to validate the accuracy of any information provided by the data expert to the Company or its public profile.
6. Payment of professional charges from the Client will be made as indicated on the platform as of the assignment date or mutually agreed upon in writing by the Company & the Client.
7. The Client should follow the payment schedule provided such that 50% (Fifty percent) payment will be made by the Client on the joining date of the data expert and the remaining 50% (Fifty percent) of the payment will be made by the Client after 45 (forty five) calendar days of the candidate’s joining date.
8. The Client is required to provide the Joining date of the data expert to the Company either on the Website or in writing such that the invoices can be generated accordingly.
9. In case the candidate leaves the services of the Client within 90 (ninety) calendar days of joining (either on his own or asked to leave due to some integrity issue or non-performance):
(i). Consultant will provide a replacement candidate of similar / equivalent qualification and experience and the replacement candidate’s fees will not be charged separately by the Consultant.
(ii). Company doesnot refund the fees for the candidate incase the Client is unable to finalize a data expert within 30 (thirty days) of notifying the Company that the data expert will be leaving.