The words “You” or “User” as used herein, refer to all individuals and/or entities accessing or using the Website for any reason.
a. “Account” means the account successfully opened by the User on the Website by inserting information such as name,Email Address, password as required to be filled in the webpage during the Registration Process and includes any further changes and additions to the information from time to time.
b. “Expert” means any User who accesses the Website or uses the Services with an intention to secure projects/ assignments, share knowledge with fellow experts and help users with their questions.
c. “Opportunity-Provider” means any company or any other entity which accesses the Website or uses the Services with an intention to provide projects / assignments to the eligible Skill Providers in its own organisation or in facilitating Skill Providers to get projects / assignments in any other organisation for a term as detailed by it.
d. “Member” means the User who has completed the Registration Process successfully as per clause 6 of this Agreement
3.1 The use of this Website entitles the User, whether a Skill Provider or an Opportunity-Provider, to avail certain services as provided in the following clauses (“Services”) and interpretation of the term “Services” shall be done accordingly depending upon the context.
3.2 If the Skill Providers have completed registration as per clause 6.1, they shall be entitled to search for a project / assignment and view project / assignment listings and snapshots of the projects / assignments
3.3 If the Opportunity-Providers have completed simple registration as per clause 6.2, they shall be entitled for listing projects / assignments and after the screening, verification and approval of the same they can communicate with the Skill Providers.
3.4 The Website reserves the right to change the nature of Services as mentioned in clause 3.2 or clause 3.3 at its sole discretion. Such change may be notified to the User by publishing the same on the Website.
4. Restrictions on use
4.1 Users shall not use the Website in order to transmit, distribute, store or destroy material, including without limitation content provided by the Website:
a. for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or
b. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or
c. that is defamatory, libelous, obscene, threatening, abusive or is offensive to Users of the Website, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or
d. that is false or misleading; or e. that harasses or advocates harassment of another person.
4.2 Users are also prohibited from violating or attempting to violate the security of the Website, including, without limitation the following activities:
(a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
(c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;or
(d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
4.3 Specific restrictions on rights to Use: In addition to the above, the Users shall not: a. modify, adapt, translate, or reverse engineer any portion of the Website and/or Services; b. remove any copyright, trademark or other proprietary rights notices contained in or on the Website and/or Service;
c. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website and/or Service or for crawling the Website and scraping content or to circumvent the technological methods adopted by the Website to prevent such prohibited use;
d. collect any information about other Users including Members (including usernames and/or Email addresses) for any purpose other than to solicit applications for project / assignment listings;
e. reformat or frame any portion of the web pages that are part of the Website and/or Service;
f. create user accounts by automated means or under false or fraudulent pretenses;
g. create or transmit unwanted electronic communications such as “spam” to other Users or Members of the Website and/or Service or otherwise interfere with other User’s or Member’s enjoyment of the Website and/or Service;
h. submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by Website;
i. transmit any viruses, worms, defects, trojan horses or other items of a destructive nature;
j. use of the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
k. copy or store any content offered on the Website for other than Your own use;
l. take any action that imposes, or may impose in the Website’s sole discretion, an unreasonable or disproportionately large load on the Website’s IT infrastructure;
5. Remedies with the Website
5.1 You understand and agree that the Website may review any content or project / assignment listing and in case the Website finds, in its sole discretion, that the User violates any terms of this Agreement especially Clause 4, the Website reserves the right to take actions to prevent/control such violation including without limitation, removing the offending communication or content from the Website and/or terminating the Membership of such violators and/or blocking their use of the Website and/or Service.
5.2 The Website shall also be entitled to investigate occurrences which may involve such violations and take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
5.3 In order to ensure a safe and effective experience for all the Users, the Website reserves the right to limit the amount of data (including resume views) that may be accessed by them in any given time period. These limits may be amended in the Website’s sole discretion from time to time.
6. Registration Process
The User to be entitled to avail the Services shall have to complete the registration process (“Registration Process”) as provided below:
6.1 For Skill Providers
i. The Registration Process may involve only simple registration or may involve simple registration and complete skill profile creation depending on the need of the Skill Provider.
ii. Simple registration is mandatory for Skill Providers and requires the Skill Providers to provide certain basic information about them such as name, industry, contact details and accordingly create an Account.
iii. Simple registration entitles the Skill Providers to avail Services as provided in clause 3.2 of this Agreement.
iv. After Simple registration, the Skill Provider needs to fill in the details in the complete skill profile.
v. The Skill Provider understands and agrees that the Website will screen and verify the information provided by the Skill Provider in the complete skill profile and at its sole discretion, increase the amount or number of information for the Registration Process and may ask for further information even after Registration Process. The Website may in its sole discretion, close the Account, if any information provided is found to be false or the information provided is not sufficient. After the screening and verification of the information provided by the Skill Provider, the Website may allow the Skill Provider apply for listings of projects / assignments.
6.2 For Opportunity-Providers:
The Registration Process may involve only simple registration. Simple registration is mandatory for the Opportunity-Provider and requires the Opportunity-Provider to provide certain basic information about itself such as company name, name of the authorised person and industry description and accordingly create an Account. Simple registration entitles the Opportunity Providers to avail Services as provided in clause 3.3 of this Agreement.
i. After the simple registration is completed, the Opportunity-Provider is required to fill listings of projects / assignments any time within the term of this Agreement by providing detailed information as requested in the Account for screening and verification and after such screening and verification the Opportunity Provider’s listings of projects / assignments will be listed.
ii. The Opportunity-Provider understands and agrees that the Website may screen and verify the information provided by the Opportunity-Provider and at its sole discretion, increase the amount or number of information for the Registration Process and may ask for further information even after Registration Process. The Website may in its sole discretion, close the Account, if any information provided is found to be false or the information provided is not sufficient.
iii. Notwithstanding anything contained in clause 6.2 of this Agreement, the Website may at its sole discretion, post the details of the Opportunity Provider, for any of its promotion scheme.
The Website may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s access to the Website and/or the Services (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Website shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Website shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
9. Term and Termination
9.3 or renewed as per Clause 10 of this Agreement.
a. on completion of the term for which the User has engaged the Services; or
c. if, in the opinion of the Website or/and any regulatory authority, it is not in the public interest to continue providing the use or Service to the User for any reason; or d. If the User is declared a bankrupt and/or proceedings for winding up has been initiated; or e. by the Parties by mutual written agreement.
10. Auto renewal
All subscriptions, at the sole discretion of the Website, will automatically renew to ensure that services are provided to Members on a continuous basis. The Website is under no obligation to send personal notices to each of its Members.
12. Copyright Dispute Policy.
12.1 The Website has adopted the following general policy towards copyright infringement. The contact details of the Website’s designated agent to receive notification of claimed infringement (“Designated Agent”) is provided at the bottom of this section.
i. It is the Website’s policy to block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of the Website’s advertisers, affiliates, content providers, Members or Users; and remove and discontinue Services to repeat offenders.
ii. Procedure for reporting purported copyright infringements: If You believe that Your copyrighted material or content is posted, uploaded or made accessible through the Website or Services, please inform the Designated Agent of such material or content and provide us with the following information (“Bona Fide Infringement Notification”):
a. Details of the ownership of the copyright and if applicable, a physical or electronic signature of a person authorised to act on behalf of the owner of the copyright that has been allegedly infringed;
b. Details of works or materials that You believe are being infringed;
c. Identification of the material or content on the Website that is claimed to be infringing Your copyrighted works including information regarding the location of such materials with sufficient detail to enable the Website to find and verify such materials;
d. Your contact information including address, telephone number and, if available, email address;
e. A statement by You that You have a bona fide belief that the publication or uploading of the copyrighted material has not been authorised by either by
(a) the copyright owner; (b) his authorised agent, or (c) the law;
f. A statement by You setting out either that You are the owner of the copyrighted work or have been authorised by the owner to communicate with the Website with regard to the use, publication, uploading of the copyrighted work on the Website
iv. Upon Receipt of a Bona Fide Infringement Notification.Once the Website has received a Bona Fide Infringement Notification, the Website shall have the right to, at its sole discretion,
a. remove or disable access to the material claimed to having breached the notifier's copyrighted works;
b. to notify the Content provider, Member or User that it has removed or disabled access to the material;
v. Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider, Member or User believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, Member or User believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, Member or User must send a counter-notice containing the following information to the Designated Agent listed below:
a. A physical or electronic signature of the content provider, Member or User;
b. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
c. A statement that the content provider, Member or User has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
d. The provider's, Member's or User's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the competent court in Delhi.
vi. Removal: If a counter-notice is received by the Designated Agent, the Website may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless a court of competent jurisdiction gives direction against removal of such material, the removed material may be replaced or access to it restored at any time at the sole discretion of the Website, after receipt of the counter-notice.
12.2 It is clarified that the role of the Website is to facilitate consultation between the Skill Provider and the Opportunity-Provider and it shall not take responsibility or be liable for any copyright infringement.
13. No liability for third party
If You enter into correspondence or engage in commercial transactions with third parties in connection with Your use of the Services, such activity would be solely between You and the third party. The Website shall have no liability, obligation or responsibility for any such activity.
14.1 THE WEBSITE IS ON AN "AS IS" BASIS. THE WEBSITE AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE WEBSITE, PROVISION OF SERVICES OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE OR IN ASSOCIATION WITH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WEBSITE AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE WEBSITE AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE. THE WEBSITE IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE WEBSITE. THE WEBSITE DOES NOT WARRANT OR COVENANT THAT THE SERVICES WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND ACCESS TO THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE WEBSITE, THE WEBSITE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
14.2 ALL THE CONTENTS OF THIS WEBSITE ARE ONLY FOR GENERAL INFORMATION OR USE. THEY DO NOT CONSTITUTE ADVICE AND SHOULD NOT BE RELIED UPON IN MAKING (OR REFRAINING FROM MAKING) ANY DECISION. ANY SPECIFIC ADVICE OR REPLIES TO QUERIES IN ANY PART OF THE WEBSITE IS/ARE THE PERSONAL OPINION OF SUCH EXPERTS/CONSULTANTS/PERSONS AND ARE NOT SUBSCRIBED TO BY THIS WEBSITE. FURTHER IT SHALL BE THE SOLE RESPONSIBILITY OF THE USERS TO UPDATE INFORMATION AND/OR RESUME AND THE WEBSITE DOES NOT TAKE ANY RESPONSIBILITY OF THE ACCURACY OR VALIDITY OR TRUTH OF THE INFORMATION POSTED ON THE WEBSITE AND THE WEBSITE SHALL NOT BE LIABLE ON THIS ACCOUNT.
14.3 SINCE THE WEBSITE ACTS ONLY AS A PROJECT / ASSIGNMENT SEARCHING AND PUBLISHING PORTAL FOR THE USERS, IT SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY ASPECT OF THE ARRANGEMENTS BETWEEN OPPORTUNITY PROVIDER AND THE SKILL PROVIDER AS REGARDS THE TERMS OF PROJECT / ASSIGNMENT OFFERED BY THE OPPORTUNITYPROVIDERS. IN NO CIRCUMSTANCES SHALL THE WEBSITE BE LIABLE FOR THE ANY ARRANGEMENTS BETWEEN THEOPPORTUNITY PROVIDER AND THE SKILL PROVIDER.
14.4 IN NO EVENT SHALL THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM:
(A) THE USE OR THE INABILITY TO USE THE SERVICES;
(B) THE LOSS OF JOB OPPORTUNITY RESULTING FROM ANY INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR ARRANGEMENTS ENTERED INTO THROUGH THE SERVICES;
(C) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA;
(D) ANY OTHER MATTER RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR OPPORTNUTIES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE.
14.5 NEITHER SHALL THE WEBSITE BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, THE WEBSITE SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE WEBSITE’S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
14.6 THESE LIMITATIONS, DISCLAIMER OF WARRANTIES AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM
(A) BREACH OF CONTRACT,
(B) BREACH OF WARRANTY,
(C) NEGLIGENCE, OR
(D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
15. Limitation on Liability
The Website shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Website’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line- noise” interference). WITHOUT LIMITING THE FOREGOING, THE WEBSITE AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE WEBSITE’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE WEBSITE FOR THE SERVICES IN THE 12 MONTHS IMMEDIATELY PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
18.1 For the purpose of this Agreement and attachments thereto and all renewals, “Confidential Information” means all financial, commercial, technical, operational, staff, management and other information, methods developed for analysis, verification and recruitment, data and know-how relating to the Website or to a party (the “Disclosing Party” either the Skill Provider or the Opportunity-Provider) or, which may be supplied to or may otherwise come into the possession of the other (the “Receiving Party”, herein the User), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party to be confidential and is not generally available to the public.
18.2 The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information or any part of it and upon prior permission in writing from the Disclosing Party. The Receiving Party agrees to take all possible precautions with regard to protecting confidential information from any third party.
18.3 Further no use, reproduction, transformation or storage of the Confidential Information shall be made by the User without the prior written permission of the Website, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
18.5 The User has access to only his own data and information stored in the database at Website (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time.
18.6 All Confidential Information (including name, e-mail address etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. The Website shall not be responsible for misuse of any such information, collected by a third party, or any unsolicited messages from such third parties.
18.7 If the User is an unintended recipient, even if registered as a Skill Provider or a Opportunity Provider and is using or accessing the Website to gain Confidential Information and if such an User has obtained access to the Confidential Information, it shall be a breach of this Agreement. Such unintended recipient shall be under strict obligation to keep the Confidential Information so acquired absolutely confidential. The Website in such an event, be entitled to inquire and investigate and seek legal remedy against such unintended recipient including to seek temporary and permanent injunction.
19.5 Force Majeure- The Website is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
Links to third party sites
a. The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Website and the Website is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Website is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. The Website is providing these links to the User only as a convenience, and the inclusion of any 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.
b. The Website is not responsible for any errors, omissions or representations on any Linked Site. The Website does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
19.6 Interpretation In this Agreement, unless the context otherwise requires references to recitals, clauses and sub-clauses are to recitals, clauses and sub-clauses of this Agreement; headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of this Agreement; references to the singular number shall include references to the plural number and vice versa; words denoting one gender include all genders; any reference in this Agreement to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of this Agreement; and any reference to a time limit in this Agreement means the time limit set out in the relevant clause or Sub-clause or such other time limit which may be mutually agreed by the parties in writing.