2. PURPOSE OF PLATFORM
3. ACCEPTANCE OF TERMS
4. LICENSE TO USE
You need not register with the Trust to simply visit and view the Platform, but to access and participate in certain features of the Platform, You will need to create a password-protected account ("Account"). To create an account, You must submit Your name, email address and such other details as may be requested through the Account registration page on the Platform and create a password. You will also have the ability to provide additional optional information, which is not required to register for an Account but shall be helpful to the Trust in providing You with a more customized experience when using the Platform. You may also register for an Account using Your existing Facebook, Google or any other account integrated by the Trust with the Platform and their respective log-in credentials.
You are solely responsible for safeguarding Your password on the Platform and, if applicable, Your password on the third-party sites referenced above (collectively, "Password/s") and You shall keep Your Passwords secure at all times. You can, and are advised to, change Your passwords from time to time in order to keep Your Account and Your interactions secured within the Platform. You shall be solely responsible for all activity that occurs on Your Account and You shall notify the Trust immediately of any breach of security or any unauthorized use of Your Account. Similarly, You shall never use another's Account without the Trust’s permission. You agree that You will not misrepresent Yourself or represent Yourself as another User of the Platform and/or the services offered through the Platform. You may also login from time to time or change or update Your information by receiving the one-time-password (“OTP”) on Your registered e-mail id and phone number.
In the event that You forget Your Password to the Account, then You may use the “Forgot Password” tab on the login page to receive an OTP on the e-mail id and phone number used by You for registration. It will be Your sole responsibility to maintain confidentiality and security of any OTP to avoid any misuse of Your Account.
You hereby expressly acknowledge and agree that You (and not the Trust) will be liable for Your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of Your Account. Notwithstanding the foregoing, You may be liable for the losses of the Trust or others due to such unauthorized use.
Upon registration and creation of the Account, each User will have access to a page which will provide the profile of such User (“Profile”), which will contain up-to-date information, including allowed personal information of the User. The Profile of a User shall be visible to other Users and in addition to the basic information with respect to the User will contain such details including the Postings and Feedback received from other Users, the photo of the User and such other features as may be provided by the Trust to the Users from time to time.
A User shall be entitled to delete or deactivate the Profile and the information provided therein; provided that such deletion or deactivation shall be limited to such information available on the Platform only and not on the servers or backend systems maintained by the Trust. A User who has deleted or deactivated his Profile can activate such User’s profile by writing to email@example.com subject to any other conditions imposed by the Trust for such reactivation. A User may be required to undergo initial or additional background verification checks prior to or at the time of the reactivation. User acknowledges and agrees that User shall not be allowed to delete any transaction details including but not limited to invoice, bank details, financial information or any other information which are required for compliance under the applicable law or for reconciliation by the Trust, banks, payment gateways or financial institutions. User hereby expressly consents and agrees to waive any right, whether under law or contract, which may compel the Trust to delete such data.
Any login to Your Account shall automatically direct You to Your Profile page. Upon logging out of the Account by You, You will have no further access to Your Account and You may clear Your cached data and successfully exit the Platform.
b. Account Policies:
You acknowledge and agree that You shall comply with the following policies (the “Account Policies”):
i. You shall not use any automated system, including but not limited to, “robots”, “spiders”, “offline readers”, “scrapers” etc., to access the Platform, for any purpose, without the Trust’s prior written approval.
ii. You shall not in any manual or automated manner collect information, personal or otherwise, of any other User on the Platform including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text or content, or otherwise misuse or misappropriate the Platform’s information or content, including but not limited to, use on a “mirrored”, competitive, or third party site, except with the prior written consent of the Trust or through a lawful and valid communication with such other User through any valid communication channel provided on the Platform.
iv. You shall not take any action that (i) unreasonably encumbers or, in the Trust’s sole view, may unreasonably encumber the Platform’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation on the Platform; or (iii) bypasses the Trust’s measures that are used to prevent or restrict access to the Platform.
v. framing or hot-linking or deep linking any contents from the Platform.
6. RIGHTS OF THE TRUST AND OBLIGATIONS OF THE USER
a. Verify the credentials of the User at the time of creation of an Account, including by way of an OTP verification method through SMS or to the email id of the User provided at the time of registration;
c. Undertake such background verification of the Users as may be required to authenticate the credentials of the Users . In order to (a) continue to use and access the Platform; (b) use and access the Platform in the manner that is most beneficial to the User, the User registering on the Account shall provide such mandatory and optional documents as may be required by the Trust for the foregoing;
d. Allow or disallow registration or creation, use or access of Account of any User on the Platform, at its sole discretion, with or without cause and make such rules as may be required or deemed fit for the use of the Platform or services provided thereunder in the event of disallowing or discontinuation of use or access of the Account;
e. Provide, disclose or transfer such information and documents to any third parties, including but not limited to service providers, subcontractors etc, to provide their services through the Platform;
f. Aggregate such data available on the Platform, including but not limited to information, documents, resumes, bio-data, web-crawling, Content or Feedback provided by the User to create a repository, master file or any other aggregated data set of skills, trends, domain knowledge or User preferences for use of the same by the Trust for any lawful purpose whatsoever;
g. Verify the credentials of the Users from time to time to authenticate or verify the User’s credentials and prevent impersonation or misuse of the Account or the Platform. Notwithstanding the generality of the foregoing, a User of the Platform shall be required to verify the business email provided for registration at such time intervals as may be required by the Trust, but not less than every time a demand for services of another User is raised, through an OTP mechanism devised by the Trust. In the event of non-verification or invalidation of emails credentials as provided in this clause, the Trust will be entitled to take such corrective action as may be required to allow or disallow continued use of Platform or any part thereof;
h. Identify and collate and aggregate such Users or businesses reported for abuse or discrimination in order to take corrective action including, where required, blacklisting, off-boarding or terminating access to Platform of such Users;
i. Process, aggregate, analyze, benchmark, share, transfer or use the data including the Content or Feedback in such manner as it deems fit;
k. Undertake such actions as may be required with respect to monitoring, maintaining, operating the payment systems within the Platform; and/or
7. COMMUNICATIONS AND CONTENT:
The Trust, through the Platform, provides for various communication channels including but not limited to chat boxes, comments sections, file, video and audio chat etc. between the Users and the Trust or any person otherwise authorized to access the Platform. During Your use of any communication channel on the Platform or in any event of sharing of information or documents, You specifically agree and undertake that You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution (collectively referred to as “Posting”) of any content, including text, images, video, sound, data, information, files or software, (“Content”) to any User or part of the Platform, including Your Profile, the Posting of the services You want, or the Posting of any opinions or reviews in connection with the Platform or any other User of the Platform, that:
i. misrepresents the source of anything You post, including impersonation of another individual or entity or any false or inaccurate biographical information for any User;
iii. is intended to harm or exploit any individual under the age of majority in any jurisdiction;
iv. is designed to solicit, or collect personally identifiable information of any individual under the age of majority in any jurisdiction, including, but not limited to, name, email address, home address, phone number, or the name of his or her educational institution;
v. encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law including any abetment, conspiracy or collusion to commit a crime or undertake illegal monetary transactions including money laundering, corrupt practices or funding for terrorism;
vi. is pornographic, pedophilic, blasphemous, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or any other inappropriate subject matter; or is otherwise inappropriate;
vii. threatens the unity, integrity, defense, security or sovereignty of India, its 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 to any other nation;
viii. invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
ix. contains falsehoods or misrepresentations that could damage the Trust or any third party;
x. is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
xi. intends to harm or disrupt another User’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming, phishing, hacking or the use of trojan horses;
xii. impersonates, uses the identity of, or attempts to impersonate a Trust employee, agent, manager, host, another User, or any other person though any means;
xiii. advertises or solicits a business not related to or appropriate for the Platform (as determined by the Trust in its sole discretion);
xiv. contains or could be considered “junk mail”, “spam”, “chain letters’, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
xv. contains advertising for ‘ponzi’ schemes, discount cards, credit counseling, online surveys or online contests;
xvi. distributes or contains viruses or any other technologies that may harm the Trust, or the interests or property of the Trust or Users or the integrity of the Platform including attempts to decipher, decompile, disassemble or reverse engineer any part of the Platform;
xviii. contains identical content to other open Postings You have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of the Trust.
i. if You are sharing any Content, whether on the Platform or on any other third-party website which is linked to the Platform, then You are either the owner of such Content or are a valid licensee with a right to share such Content;
ii. if You are viewing the Content, then You have been authorized to view the Content specifically by the Trust on the Platform, whether by subscription to such service or otherwise, or by a User on the Platform.
b. Prohibited Postings
Notwithstanding the generality of the foregoing, You will not make Postings or send messages to other Users containing:
a. unsolicited advertising or marketing of a service not offered on the Platform or an external website; or
b. Discriminatory Postings. Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. The Trust will not knowingly accept any Posting which is in violation of the law. The Trust has the right, in its sole discretion and without prior notice to You; to immediately remove any Posting that discriminates or is in any way violation of any law.
c. Report Abuse:
As a participant in the Platform, You agree to use careful, prudent, and good judgment when Posting any feedback for another User (“Feedback”). The following actions constitute inappropriate uses of Feedback:
i. threatening to leave negative or impartial Feedback for another User unless that User provides services not included in the original Posting or not agreed to as part of the service to be provided;
ii. leaving Feedback in order to make the User appear better than he or she actually is or was, as may be reported by any other User of the Platform; and
iii. including conditions that restrict a User from leaving Feedback.
If You violate any of the above-referenced rules in connection with leaving Feedback, the Trust, in its sole discretion, may take any of the following actions, with or without cause and with or without notice, for any reason or no reason, or for any action that the Trust determines is inappropriate or disruptive to this Platform or to any other User of this Platform. The list provided hereunder is illustrative and not exhaustive:
i. cancel or delete Your Feedback or any of Your Postings;
ii. limit Your Account privileges;
iii. decrease Your status earned via the Feedback page;
iv. suspend Your Account; and/or
v. report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Trust’s discretion, the Trust will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform or on the internet.
In the event of any inappropriate use of the Feedback provisions provided hereunder, You may contact the Trust regarding any such inappropriate use of Feedback via-email at firstname.lastname@example.org and provide detailed reason on the inappropriateness of the Feedback.
In the event of any dispute between Users of the Platform concerning Feedback, the Trust shall be the final arbiter of such dispute. Further, in the event of any dispute between Users of the Platform concerning Feedback, the Trust has the right, in its sole and absolute discretion, to remove such Feedback or take any action it deems reasonable without incurring any liability therefrom.
Disclaimer: The Trust does not and cannot review every Posting posted to the Platform. These prohibitions do not require the Trust to monitor, police or remove any Postings or other information submitted by You or any other User.
8. INTELLECTUAL PROPERTY RIGHTS
a. Trust Property
The content on the Platform, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Trust Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by the Trust. Other trademarks, names and logos on this Platform are the property of their respective owners.
Trust Data on the Platform 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 the prior written consent of the Trust or the respective owners. You agree not to use, copy, or distribute, any of the Trust Data or Marks other than as expressly permitted herein, including any use, copying, or distribution of Content submitted by any other User obtained through the Platform for any commercial purposes. If You download or print a copy of any Trust Data for personal use, You must display all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Trust Data or enforce limitations on use of the Platform or the Trust Data therein.
b. License and Use of Content submitted by You
You acknowledge and understand that the technical processing and transmission of the Platform, including the Content submitted by You, may involve (a) transmissions over various networks; and/or (b) changes to conform and adapt to technical requirements of connecting networks or devices. You may remove such Content submitted from the Platform at any time. However, the Trust may continue to retain or store such Content submitted by You in its or third-party servers or systems and use such Content in the manner provided herein above.
However, You will not submit, upload, share or Post, or provide as Feedback, anything on or through the Platform as Your Content, which:
i. is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from the rightful owner to post the material and to grant the Trust all of the license rights granted herein; or
ii. contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated audio or video or links to pirated audio or video files, or lyrics or sheet music, works of art, articles, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right.
c. No Confidentiality
The Platform may now or in the future permit the submission of videos or other communications submitted by You and other Users, including without limitation, Your Profile, any Feedback, and all Content submitted by You, and the hosting, sharing, and/or publishing of such Content. You understand that whether or not such Content is published, the Trust does not guarantee any confidentiality with respect to any such Content which shall correspondingly be available to the Trust on a non-proprietary and non-confidential basis.
You agree and authorize that any Content provided by You shall be accessible by other registered Users of the Platform. You agree that the Trust shall be free to use or disseminate such freely accessible Content on an unrestricted basis. You are aware that any information provided by You in not bound by confidentiality including those which are inherently bound by confidentiality.
d. Disclaimers and Right to Remove
The Trust does not endorse any Content, Posting or Feedback or any opinion, recommendation, or advice expressed therein, and the Trust expressly disclaims any and all liability in connection with all Content submitted by a User. In the event of any infringement of any intellectual property rights in the Content submitted by You as Posting, Feedback or any article, then, the Trust, at its sole discretion, will remove such content, whether notified or suo motu. The Trust reserves, at its sole discretion, the right to remove any Content without prior notice. The Trust may also terminate a User’s access to the Platform, if such User is ascertained to repeat such infringement.
You acknowledge and understand that when using the Platform, You will be exposed to content shared by the Platform and other Users of the Platform, and that the Trust is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content from other sources. You further acknowledge and understand that You may be exposed to third party content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies. You have or may have against the Trust with respect thereto, and agree to indemnify and hold the Trust, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Platform.
If You send or transmit any communications, comments, questions, suggestions, or related materials to the Trust, whether by letter, email, telephone, or otherwise, suggesting or recommending changes to the Platform, including, without limitation, new features or functionality relating thereto, all such suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and the Trust is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such suggestions. You understand and agree that the Trust is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the suggestions, and You have no right to compel such use, display, reproduction, or distribution or seek recognition if the suggestions are in fact implemented.
f. Copyright Infringement Take Down Procedure
The Trust has high regard for intellectual property rights and expects the same to be employed by its Users. The Trust may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Platform of Users who infringe upon the intellectual property rights of others. If You believe that Your work has been copied and posted on the Platform in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at email@example.com by providing the following or additional details:
i. 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;
ii. 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 Platform, and information reasonably sufficient to permit the Trust to locate the material;
iii. 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;
iv. information reasonably sufficient to permit the Trust 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;
v. 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
vi. 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.
9. TERMS RELATED TO PAYMENTS
a. Payments through the Platform
Each User undertakes and agrees that all payments to be made for the services obtained under or through the Platform shall be made through the payment system provided in the Platform.
i. User agrees not to make any transaction which is unauthorized or fraudulent or any transaction which unnecessarily trigger chargeback or refund of the amount, through the payment gateway. User acknowledges and agrees that in the event of any fraudulent or unauthorized transaction done through the payment gateway, User shall immediately but not later than twenty-four (24) hours notify the Trust of such transaction. User shall be obliged to provide the Trust all the documents supporting such chargeback, refund or fraudulent transaction and co-operate with the Trust for any matter in relation to such transaction. User agrees to indemnify and hold harmless the Trust for any claim, loss or damages caused to the Trust due to such chargeback, refund, fraudulent transaction or unauthorized transaction including any fees that would have been required to be paid for such transaction by the Trust.
All monetary transactions contemplated above may be made by the Trust through one or more payment gateways provided on the Platform. Any User using a payment gateway to make or receive the payments shall be subject to the terms, conditions and policies of the payment gateway, the bank maintaining the account and bank maintaining the User’s designated bank account.
In addition to the other facilities available on the Platform, a User of the Platform shall be provided with the following facilities through the Profile maintained by such User on the Platform:
i. Viewing of all the bills and invoices that are pending payment either from or to such User;
ii. Assistance to open a bank account for conducting the financial transactions on the Platform through any bank or service provider registered as a value partner on the Platform;
iii. Link the Account maintained by the User on the Platform to the bank account through the payment gateway to track all my financial transactions including financial transactions through the Platform;
b. Trust Fees
The Trust shall be entitled to charge a User availing services, such fees at the rates as may be provided on the Platform at the time of the User concluding a contract for availing the services (“Trust Fees”). The Trust may also offer premium services to the Users for a fee charged at such rates as may be provided on the Platform at the time of providing such premium services (“Premium Fees”). The Trust reserves the right to charge fees for any other services at its sole discretion and the User is advised to check for such fees prior to availing of services from the Trust. The Trust Fees and Premium Fees charged to the User shall be exclusive of applicable taxes including where applicable GST and the User making the payment shall be liable to deduct withholding taxes at the rates that are applicable on such Trust Fees or Premium Fees.
It is hereby clarified that no fees will be charged by the Trust for browsing the Platform or downloading the App, registering and opening an Account on the Platform, viewing of free Content available on the Platform, viewing any demand for services or expressing interest for providing any service.
c. Foreign Exchange Compliances
In the event that any payment is made or received in any currency other than Indian Rupees, then the User liable to make or receive the payments shall undertake such compliances as may be required to be made as per the extant foreign exchange laws applicable to the payment or receipt thereof.
As state and local tax laws vary significantly, You understand and agree that You are solely responsible for determining Your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to any User. Further, You understand that the Trust shall not be responsible or liable in any manner in relation to tax liability of a User for receipt of any income from services provided through the Platform.
10. YOUR REPRESENTATIONS AND WARRANTIES
11. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE Trust AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THE PLATFORM, ANY DATA, MATERIALS, CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WHERE IS’ BASIS WITH NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE Trust DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM, POSTINGS, FEEDBACK OR CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. THE Trust DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. THE Trust WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL THE Trust, AFFILIATES OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (V) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR CONTENT; (VI) ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE PLATFORM; (VII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER; OR (VIII) USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE Trust 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.
2. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE Trust, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE PLATFORM, AND/OR CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO THE Trust BY YOU WITH RESPECT TO THE SERVICE UNDER WHICH SUCH LIABILITY AROSE.
13. INDEMNIFICATION AND RELEASE
14. MODIFICATIONS TO OR TERMINATION OF PLATFORM
a. Modification or Cessation of Platform
The Trust reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that the Trust shall not be liable to You or to any third party for any modification, suspension or discontinuance of the services offered by the Trust.
b. Termination by Trust
c. Effect of Termination
Unless the Trust has previously cancelled or terminated Your use of the Platform (in which case subsequent notice by the Trust shall not be required), if You provided a valid email address during registration, the Trust will notify You via email of any such termination or cancellation, which shall be effective immediately upon the Trust’s delivery of such notice.
You agree to indemnify and hold the Trust, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the termination.
a. Dispute Resolution
b. Governing Law and Jurisdiction
The Trust may display advertisements and promotions on the Platform. The manner, mode and extent of advertising by the Trust on the Platform are subject to change and the appearance of advertisements on the Platform does not imply endorsement by the Trust of any advertised products or services. You agree that the Trust shall not be responsible or liable for any loss or damage of any sort incurred by You as a result of any such dealings or as the result of the presence of such advertisers on the Platform.
e. No Agency or Partnership
f. Third-party Links, Contact Forms and Phone Numbers
g. Force Majeure
h. Consent for Receipt of Phone Calls, SMSs and/or E-mails
It is further clarified that Your registration on the Platform shall be deemed to be Your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by You even if You are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form.
i. No Third-party Beneficiaries
k. Entire Agreement
m. No Waiver
n. Statute of Limitations
You agree that any cause of action arising out of or related to the Platform must commence within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred.
o. Section Headings