Terms and Conditions

These Terms of Use (“Terms of Use”) is a legal agreement between you, the user (“User”/”You”/”Your”, which terms shall include the persons that access, use, and/or participate in the Platform in any manner), and Dadana Technologies Private Limited (hereinafter referred to as “We”, “Us”, “Company” or “Our”), the owner of website located at www.Evaluationz.com (“Website”) and mobile application available on Apple AppStore and Google Play Store (“App”). Where the context so requires, the Website and the App shall be collectively referred to as the “Platform”.

The Company has established a Privacy Policy available at policies.Evaluationz.com (“Privacy Policy”), that explains to Users how their information is collected and used. The Privacy Policy is referenced below and is hereby incorporated into the Terms of Use set forth herein. Your use of the Platform is governed also by the Privacy Policy.

These Terms of Use, read with the Privacy Policy, are an electronic record under the Information Technology Act, 2000, and the rules made thereunder and the amended provisions pertaining to electronic records under various indian statutes and is enforceable against you under law by way of your acceptance hereof. The Company may modify these Terms of Use and any other documents incorporated by reference herein at its sole discretion for complying with the extant legal and regulatory framework and for other legitimate business purposes, at any time, and the Company will post the amended terms of use with or without any notification to You on the Platform. It is Your responsibility to review the Terms of Use for any changes and You are encouraged to check the Terms of Use frequently. Your use of the Platform following any amendment of the Terms of Use will signify Your assent to and acceptance of any revised Terms of Use. If You do not agree to abide by these or any future Terms of Use, please do not use or access the Platform.

ELIGIBILITY

You must be 18 years of age or older to visit or use the Platform in any manner. By visiting the platform or accepting these Terms of Use, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to use the platform and agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use the Platform in a manner consistent with any and all applicable laws and regulations in addition to these Terms. If You use the Platform or open an Account (defined below) on behalf of a Buyer or Trade Partner and as a representative of a business, You represent and warrant that You have the authority to bind that business and Your acceptance of the Terms of Use will be deemed an acceptance by that business and the terms “User”, “You” and “Your” herein shall refer to that business.

You represent, acknowledge and agree that:

All registration information that You submit is truthful, current, complete and accurate. You will maintain the currency, completeness and accuracy of such information, and Your use of the Platform and the services offered through the Platform do not violate any applicable law or regulation applicable either to You, the Platform or the Company. Your Account (defined below) may be terminated without warning if We, at Our discretion, believe that You are under the age of 18 or that You are not complying with any applicable laws, rules or regulations or these Terms of Use.

CATEGORIES OF USERS AND PURPOSE OF PLATFORM

For the purposes of these Terms of Use, the Users are categorized and shall broadly carry the meanings as provided hereunder:

The aforementioned categories are for easy reference and illustrative purposes only.

The Platform is intended to permit, enable and facilitate certain interactions amongst its Users, in accordance with and subject to these Terms of Use, including (without limitation):

1. ACCEPTANCE OF TERMSThese Terms of Use contain provisions that define Your limits, legal rights and obligations with respect to Your use of and participation in the Website and App, including advertisements, forums, chat, audio, video and file sharing services, various email functions, third party applications and internet links, and all content and services available through the Platform. These Terms of Use shall also govern all online transactions including financial transactions between the Users of the Platform. The Terms of Use described below incorporate the Privacy Policy and apply to all Users of the Platform.In addition to the Terms of Use, which governs Your access and use of the Platform, Your access to, use of, and participation in the Platform is subject to all applicable regulations, guidelines and additional policies that the Company may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that the Company publishes on the Platform (the “Additional Policies”). You hereby agree to comply with the Additional Policies and Your obligations thereunder at all times. You hereby acknowledge and agree that if You fail to adhere to any of the terms and conditions of these Terms of Use or the documents referenced herein, including any Additional Policies, the Company, in its sole discretion, may terminate Your Account at any time without prior notice to You as well as initiate appropriate legal proceedings, if necessary.
2. LICENSE TO USEThe Company hereby grants You a non-exclusive, revocable, limited license to use the Platform in the manner and on the terms and conditions as set forth in these Terms of Use; provided, however, that
   • You will not copy, distribute, or make derivative works of the Platform in any medium without the Company’s prior written consent.
   • You will not alter or modify any part of the Platform other than as permitted and as may be reasonably necessary to use the Platform for its intended purposes.
   • You will at all times act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.
3. ACCOUNTYou need not register with the Company 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 Company 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 Company with the Platform and their respective log-in credentials. Any Account created hereunder shall be created as a Seller and upon creation, such User may elect to convert himself either to a Buyer or a Trade Partner.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 Company immediately of any breach of security or any unauthorized use of Your Account. Similarly, You shall never use another’s Account without the Company’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 Company) 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 Company or others due to such unauthorized use.Profile: 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 ratings and rankings, the services or requirements Posted by the User, the Postings and Feedback received from other Users, the photo of the User and such other features as may be provided by the Company 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 Company. A User who has deleted or deactivated his Profile can activate such User’s profile by writing to the , subject to any other conditions imposed by the Company 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 Company, 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 Company 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.Subject to these Terms of Use, You may populate Your Profile information by obtaining Your Profile data from any verified account maintained by You on the social media website, allowed by the Company on the Platform. However, do note that You alone will be responsible for the information so obtained from such social media websites and the Company will not be required to verify the veracity of such information available in Your account maintained on any social media website.
4. Apart from the above, You will have the following facilities with respect to Your Profile on the Platform:
   • A Seller may elect to hide his/her profile from skill search results of the current employer, if any, so that the Seller is not visible during a search on skill sets by such employer; it being clarified that a Seller may do so at his/her own risk with respect to any contract with such employer or any terms or policies of such employer the Seller may be subject to,
   • A Seller may create or change the privacy settings so that he/she can control the information that he/she wishes to provide on the Profile.
   • A Seller can choose, revise or auto-categorize his/her skills from a repository or resume in order for the Buyers to match the skills available with the Seller or search for other Sellers for creating, or adding to, a network.
   • A Buyer shall be able to showcase his/her/its demands for Sellers to apply for the demand.
5. Account Policies: You acknowledge and agree that You shall comply with the following policies (the “Account Policies”):
   • 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 Company’s prior written approval.
   • 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 Company or through a lawful and valid communication with such other User through any valid communication channel provided on the Platform.
   • You shall not in any way transmit more request messages to the Company servers, or any server of a the Company subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material subject to the Privacy Policy and the data privacy or confidentiality rights of the Users. The Company reserves the right to revoke these exceptions either generally or in specific cases.
   • You shall not recruit or solicit or commence initial contact for engaging with, in any form, Sellers or Trade Partners for employment or contracting for a business other than through the Platform; provided that any contract after entering into a valid contract through the Platform may be made through any other legal means,
   • You shall not undertake any payment to any other User for the work undertaken in pursuance to a contact through the Platform by following a payment mechanism other than through the Platform.
6. You shall not take any action that:
   • Unreasonably encumbers or, in the Company’s sole view, may unreasonably encumber the Platform’s infrastructure.
   • Interferes or attempts to interfere with the proper working of the Platform or any third-party participation on the Platform or Bypasses the Company’s measures that are used to prevent or restrict access to the Platform.
   • Framing or hotlinking or deep linking any contents from the Platform.
   • You agree neither to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Platform, nor to use the communication systems provided by the Platform for any use other than as intended under the Platform and in accordance with the Privacy Policy.

RIGHTS OF THE COMPANY AND OBLIGATIONS OF THE USER

In allowing you to use the Platform in the manner intended herein, the Company shall have the following rights and You, as the User, shall have the corresponding obligations. The list provided hereunder is illustrative in nature and shall be read in conjunction with, and not in derogation of, with the other rights of the Company and Your obligations, provided elsewhere in these Terms of Use or any documents referenced herein.

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.

Store the trail of logins/logouts from the Platform so that an audit trail can be maintained for the purposes of security and compliance with applicable laws and these Terms of Use.

Undertake such background verification of the Users as may be required to authenticate the credentials of the Users including the qualification requirements for ratings and rankings on the Platform. In order to Continue to use and access the Platform.

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 Company for the foregoing.

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;

Enter into such separate arrangements, at the Company’s sole discretion, for use of the services of Value Partners or Co-creators on the Platform, including advertising and use of such services to provide services to the Users on the Platform;

Categorize, classify or sort the different Users of the Platform in such manner as it deems fit in order to advertise, market or brand the services provided under or through the Platform. In addition to the above, the Company shall be entitled to dynamically set up the services or offerings of the Value Partners or Co-creators and promote or advertise all their services and offerings to the Users, specifically the Sellers;

Provide, disclose or transfer such information and documents to any third parties including service providers, Value Partners or Co-creators to provide their services through the Platform;

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 Company for any lawful purpose whatsoever;

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, specifically a Buyer, Trade Partner or a Value Partner or any other 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 Company, but not less than every time a demand for services of another User is raised, through an OTP mechanism devised by the Company. In the event of non-verification or invalidation of emails credentials as provided in this clause, the Company will be entitled to take such corrective action as may be required to allow or disallow continued use of Platform or any part thereof;

Set up such payment systems including a nodal account to route all payments from one User to the other and charge such fees from the User for the services provided or obtained through the Platform;

Identify and collate and aggregate such Users or businesses reported for abuse or discrimination in order to take corrective action including, where required, blacklisting, offboarding or terminating access to Platform of such Users;

Identify, aggregate and collate ratings and rankings, specifically those performed by Value Partners, Co-creators or any third-party service providers including Users of knowledge resources and share the same with the respective Value Partners, Co-creators or any third-party service providers including knowledge Users;

Process, aggregate, analyze, benchmark, share, transfer or use the data including the Content or Feedback in such manner as it deems fit.

Control, minimize, enhance or undertake such other changes to the services or offerings of any User, including Trade Partners, in order to provide genuine or authenticated services or offerings on the Platform;

Undertake such actions for removal of offensive, discriminatory, illegal, defamatory, infringing content or Postings or Feedback on the Platform specifically any infringing or offensive articles posted by any User on the Platform as provided elsewhere under these Terms of Use;

Undertake such actions as may be required with respect to monitoring, maintaining, operating the payment systems within the Platform including sending of invoices and bills on behalf of the Users who have provided services under or through the Platform; and/or

Such other rights as may be required to control the use, misuse or abuse of the Platform in any manner or in order to comply with, of avoid non-compliance of, these Terms of Use, applicable laws, rules or regulations.

User undertakes to notify the Company, about the offering or receiving any products or services, which are illegal or offensive or prohibited as per the list provided in Annexure A and/or not in compliance with applicable laws, rules and regulations prescribed by any regulatory authorities. The Company shall have the right, whether by itself or through a third party, to audit such books and records of the User, including any financial or banking documents, in order to ensure that the services provided by the User using the Platform is in compliance with these Terms of Use in general and this clause in particular. User agrees and understands that Company reserves the right to terminate the access of User who are directly or indirectly providing or receiving any services, which falls under the prohibited list mentioned under the Annexure A or does not conform to applicable laws and regulations in force from time to time. User agrees to indemnify the Company against any claims, damages, litigation, loss caused due to non-compliance of this clause.

COMMUNICATION AND CONTENT

The Company, through the Platform, provides for various communication channels including but not limited to chat boxes, comments sections, file, video and audio chat and screen sharing options, etc. between the various Users, the Company 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 Your offering of services, 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:

Misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any user.

Provides or create links to external sites that violate the Terms of Use.

Is intended to harm or exploit any individual under the age of majority in any jurisdiction.

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.

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.

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.

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.

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.

Contains falsehoods or misrepresentations that could damage the Company or any third party.

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.

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.

Impersonates, uses the identity of, or attempts to impersonate a Company employee, agent, manager, host, another User, or any other person though any means;

Advertises or solicits a business not related to or appropriate for the Platform (as determined by the Company in its sole discretion).

Contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes” “affiliate marketing”, or unsolicited commercial advertisement.

Contains advertising for ‘ponzi’ schemes, discount cards, credit counseling, online surveys or online contests.

Distributes or contains viruses or any other technologies that may harm the Company, or the interests or property of the Company or Users or the integrity of the Platform including attempts to decipher, decompile, disassemble or reverse engineer any part of the Platform.

Contains links to commercial services or websites, except as allowed pursuant to the Terms of Use; and/or

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 Company.

Subject to the other terms of these Terms of Use, You will be able to view or share any Content on the Platform, provided that You represent and adhere to the following:

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.

If You are viewing the Content, then You have been authorized to view the Content specifically by the Company on the Platform, whether by subscription to such service or otherwise, or by a User on the Platform.

You further represent that You shall be solely responsible for Your own Content and the consequences of Posting or publishing it. In connection with such Content, You affirm, represent, and/or warrant that:

You own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use/disseminate all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content provided by You to enable inclusion and use of the such Content in the manner contemplated by the Platform and these Terms of Use; and

You have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the Platform and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by You to or through the Platform.

1. Notwithstanding the generality of the foregoing, You will not make Postings or send messages to other Users containing:
2. Offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to only to request a refund of any portion of the payment thereby indulging in transactions which may be construed as a money laundering transaction; or
3. Unsolicited advertising or marketing of a service not offered on the Platform or an external website; or
4. 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 Company will not knowingly accept any Posting which is in violation of the law. The Company 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.

1. 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:
2. 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.
3. 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
4. Including conditions that restrict a User from leaving Feedback.
5. If You violate any of the above-referenced rules in connection with leaving Feedback, the Company, 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 Company determines is inappropriate or disruptive to this Platform or to any other User of this Platform.
   • Cancel or delete Your Feedback or any of Your Postings.
   • Limit Your Account privileges.
   • Decrease Your status earned via the Feedback page.
   • Amend Your Ratings or Rankings on the Platform.
   • Suspend Your Account; and/or
   • 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 Company’s discretion, the Company 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 Company regarding any such inappropriate use of Feedback via-email at grievances@Evaluationz.com or through the report abuse button provided on the Platform by providing detailed reason on the inappropriateness of the Feedback.
   • In the event of any dispute between Users of the Platform concerning Feedback, the Company shall be the final arbiter of such dispute. Further, in the event of any dispute between Users of the Platform concerning Feedback, the Company 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 Company does not and cannot review every Posting posted to the Platform. These prohibitions do not require the Company to monitor, police or remove any Postings or other information submitted by You or any other User.

INTELLECTUAL PROPERTY RIGHTS

• The content on the Platform (exclusive of all Content submitted by You, except to the extent mentioned below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Company Data”) and the trademarks, service marks and logos contained there in (“Marks”), are owned by the Company. Other trademarks, names and logos on this Platform are the property of their respective owners.
• Company 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 Company or the respective owners. You agree not to use, copy, or distribute, any of the Company 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 Company 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 Company Data or enforce limitations on use of the Platform or the Company Data therein.
• The Platform contains Company Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and the Company owns and retains all rights in the Company Data and Marks. Subject to these Terms of Use, the Company hereby grants You a limited, revocable, nontransferable, non-sublicensable license to reproduce and display the Company Data (excluding any software source code) solely for Your personal use in connection with accessing and participating in the Platform. The Platform may also contain Data of other Users or licensors, which You shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell.

• You retain all of Your ownership rights in the Content submitted by You. However, by submitting such Content to the Company for Posting on the Platform, You hereby grant, and You represent and warrant that You have the right to grant, to the Company a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform such Content in connection with the Platform and the Company’s (and its assigns or successor’s) business operations, including without limitation, for the promotion and redistribution of any part or all of the Platform, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each User of the Platform a non-exclusive license to access the Content submitted by You through the Platform, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Platform and under these Terms of Use.
• You acknowledge and understand that the technical processing and transmission of the Platform, including the Content submitted by You, may involve Transmissions over various networks; and/or
• 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 Company 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:
• 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 Company all of the license rights granted herein; or 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.

• 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, the services You offer, the services You want from other Users, 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 Company does not guarantee any confidentiality with respect to any such Content which shall correspondingly be available to the Company 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 Company shall be free to use or disseminate such freely accessible Content on an unrestricted basis. You are aware that any information provided by You is not bound by confidentiality including those which are inherently bound by confidentiality.
• The Company may also disclose User information including personal information if the Company reasonably believes that disclosure is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, would potentially mitigate the Company’s liability in an actual or potential lawsuit, is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity.
• To enforce these Terms of Use, and/or As may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
• Not withstanding the generality of the foregoing, the Company shall be entitled to disclose the presence of a Seller on the Platform to all the Users and the Company shall not be liable, in any manner, for such disclosure including where such disclosure results in a breach of their employment contracts or the policies of the employers that such Sellers are currently employed with.

• The Company does not endorse any Content, Posting or Feedback or any opinion, recommendation, or advice expressed therein, and the Company 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 Company, at its sole discretion, will remove such content, whether notified or suo motu. The Company reserves, at its sole discretion, the right to remove any Content without prior notice. The Company 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 Company 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 Company with respect thereto, and agree to indemnify and hold the Company, 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.
• You are solely responsible for the photos, profiles and other content, including, without limitation, Content that You publish or display on or through the Platform, or transmit to other Users. You understand and agree that the Company may, in its sole discretion and without incurring any liability, review and delete or remove any Content submitted by You that violates this Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

• If You send or transmit any communications, comments, questions, suggestions, or related materials to the Company, 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 Company 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 Company 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.

• The Company has high regard for intellectual property rights and expects the same to be employed by its Users. The Company 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 grievances@Evaluationz.com, by providing the following or additional details:
• 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.
• 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 Company to locate the material.
• 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.
• Information reasonably sufficient to permit the Company 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.
• 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
• 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.
• Only the owner of the intellectual property rights is permitted to report potentially infringing items through the Company’s reporting system set forth above. If You are not the owner of the intellectual property rights, You should contact the owner of the intellectual property rights and they can choose whether to use the procedures set forth in these Terms of Use.

RATINGS AND RANKINGS

• The Platform provides a User an option to rate the performance of a User with whom such User has worked with or through the Platform. Such rating shall be provided based on the parameters set by the Platform and shall be in the manner of the “star rating” system. The ratings so provided by a User will be a factor to arrive at the rankings of a User on the Platform. Any User receiving Feedback or rating from another User shall be able to review the ratings or Feedback so provided and any such rating and/or Feedback shall be subject to the provisions related to report abuse provided in the Terms of Use if such Feedback or ratings on the Platform are untrue, inaccurate or lack any reasonable detail of the correctness of such ratings or Feedback.
• Such ratings or Feedback may be provided, inter-alia in the following manner:
• A User may validate the skills of another User including any connections established on the Platform.
• A User may rate another User with whom such first User has worked within the purview of the Platform.
• A Value Partner may rate the Sellers to share such ratings with other Value Partners within the same domain.
• A Seller may rate the Value Partners or Trade Partners and share such ratings with other Sellers.
• A Seller may rate the Co-creators and share such ratings with other Sellers.
• A User may display his rating on the home page of his Profile.

• Based on ratings provided by a User regarding the other User/s, the Company will undertake an evaluation of the services provided by the User or performance of its obligations to arrive at the rankings of the User with respect to the domain and the services provided by such User or performance of such User’s obligations. The rankings so arrived at shall be based on the evaluation undertaken solely by the Company and no User shall, except as provided below, be entitled to challenge the rankings so arrived at by the Company. Rankings are generally increased or decreased based on various criteria arrived at using algorithmic systems based on the review of the activity of the User on the Platform. A User may obtain the details and results of the algorithmic assessment to arrive at the rankings on the Platform.
• A User may undertake such additional measures on the Platform, to improve such User’s rankings on the Platform including but not limited to:
• A Seller obtaining additional certifications including those from Trade Partners advertising or providing their services through the Platform.
• Validating skills through another User.
• Providing more services to various Users on the Platform.
• Showcasing non-infringing past work on their Profile.
• Uploading non-infringing knowledge enhancing materials.
• Subject such User’s skills, performance, work related Content, artifacts to assessment by the Platform; and/or
• Subjecting such User to an interview by the Platform.
• The rankings so generated by the algorithmic assessment shall be available for display on the Profile of the Seller for viewing and access by any other User.
• The ratings and rankings shall be different for each industry, which shall be based on criteria or parameters set by the Company. It is clarified that the ratings and rankings are either generated by Users or arrived at through automated algorithmic assessment. The ratings and rankings neither reflect the views, opinions or suggestions about a User nor constitute any advice provided to a User referring to the same.

TERMS RELATED TO PAYMENTS

• 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. Each User undertakes that any contract for services executed with another User on the Platform shall contain a clause which states that any payments for the services obtained through the Platform shall be made through the payment system provided on the Platform and through the nodal account set up by the Company through a bank or payment system, as the case may be(“Nodal Account”). Any payment mechanism agreed between the Users which is contrary to this understanding shall be void.
• The payment mechanism under the Platform shall be as follows:
  • Upon execution of a contract for provision of services by the Seller to the Buyer or by a Trade Partner/Value Partner/Co-Creator or any other Seller who acts as a mentor to a Seller (“Mentor”), to the Seller, the Buyer or the Seller respectively shall be obligated to deposit the contract value in full in the Nodal Account or provide irrevocable electronic clearance system payment instructions prior to or on the date of commencement of provision of services under such contract. In the event that the Seller and the Buyer or the Seller and Trade Partner/Value Partner/Co-Creator/Mentor have agreed in the contract executed between them that any payment to be made in the contract is based on milestones or on a pre-determined period, then the Buyer and/or the Seller, respectively, shall be obligated to deposit the amount in the Nodal Account at the beginning of the milestone or the period, as the case may be, as agreed under the contract.
  • Where the entire payment in lumpsum,or in case of milestone an installment, has been received from the Buyer or the Seller, as the case may be, at the commencement of the services or beginning of milestones, then the Company shall make payment of the agreed amount to the designated bank account of Seller or the Trade Partner/Value Partner/Co-Creator/Mentor respectively.
  • Fifteen (15) days after the completion of the services provided by the Seller or the Trade Partner/Value Partner/Co-Creator/Mentor; or
  • Fifteen (15) days after the completion of the milestone or period; as agreed between the respective Users in their contract. Where the payment will be received in the Nodal Account at the beginning of a milestone or on a pre-determined period, then the Company shall, upon completion of the milestone or the pre-determined period, make the payment of the agreed amount to the designated bank account of Seller or the Trade Partner/Value Partner/Co-Creator/Mentor respectively.
  • The process for raising of proforma invoices and/or invoices, as the case may be, to any User whether for service fees, commission or any other fees or charges shall be in the manner decided by the Company at its sole discretion and for the ease of transactions on the Platform.
  • The Company shall not be required to cancel transfer of any monies deposited by the Buyer and/or the Seller, as the case may be, except where the Seller or the Trade Partner/Value Partner/Co-Creator/Mentor, who has provided the services under a valid contract, voluntarily provides written instructions to the Company to cancel the transfer of the amount so received, and held, in the Nodal Account at least 1 (one) day before the date when a payment is due to such Seller or the Trade Partner/Value Partner/Co-Creator/Mentor as per the contract.
  • The User who has provided the services under a valid contract and received the payment towards such services shall be entitled to refund any amounts or parts thereof only if all further unpaid invoices are cancelled by the Seller or the Trade Partner/Value Partner/Co-Creator/Mentor providing the services; provided that all such refunds shall be undertaken through the Platform or any other mechanism notified by the Company. In the event of a reimbursement, or cancellation of transfer, of any monies from the Nodal Account to the designated bank account of the Buyer or the Seller, the concerned User shall provide such documentation including credit notes in case of such reimbursement, or cancellation of transfer, of any monies from the Nodal Account. Any fees including Company Fee (as defined below) charged to the User deducted by the Company against any transaction made shall not be refunded.
  • User agrees not to make any transaction which is unauthorized or fraudulent or any transaction which unnecessarily triggers 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 Company of such transaction. User shall be obliged to provide the Company all the documents supporting such chargeback, refund or fraudulent transaction and co-operate with the Company for any matter in relation to such transaction. User agrees to indemnify and hold harmless the Company for any claim, loss or damages caused to the Company 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 Company.
  • All monetary transactions contemplated above may be made by the Company 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 Nodal Account, bank maintaining the User’s designated bank account,card associations and/or such other financial intermediary as may be required to complete the monetary transactions contemplated hereunder.
  • In following the payment system provided above, a User shall provide the complete and accurate details of the bank account/credit card/debit card or electronic wallet acceptable to the Company with which such User will make payments to the Nodal Account for services obtained by such User through the Platform. A User shall also provide the complete and accurate details of the bank account or electronic wallet acceptable to the Company to which such User will receive the payments for the services provided by such User through the Platform.
  • The User using the payment gateway/bank account/credit card/debit card/ or electronic wallet acceptable to the Company shall ensure that such User is the owner and operator of the payment gateway/bank account/credit card/debit card/ or a wallet acceptable to the Company, used by such User and shall not be used or operated by any person unless specifically authorized by such User or as required under applicable laws.
  • A User shall also ensure that such User does not, and ensures that any one claiming on his behalf shall not, impersonate, defraud or in any other manner unauthorizedly use or operate the payment gateway/bank account/credit card/debit card/ or electronic wallet acceptable to the Company used by such User or any other User of the Platform. Each User agrees, covenants and undertakes that such User shall not use the payment systems provided by the Company on the Platform to make illegal monetary transactions including money laundering, corrupt practices, funding for terrorism or any activity barred by applicable laws and these Terms of Use.
  • 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:
  • Viewing of all the bills and invoices that are pending payment either from or to such User. 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. 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. A Buyer can set up a master account whereby such
  • Buyer can
    • Group all individual payments to be made to the Nodal Account of the Company; and Link its designated bank account to the master account for making payments for the services to be obtained through the Platform.
  • A Seller can
    • Auto-approve the payments from the Nodal Account to the Seller’s designated bank account through the Account maintained on the Platform.
    • View all pending payments for planning such Seller’s financial statements.
    • Obtain reports with respect to the fund availability in the Nodal Account with respect to such Seller for planning the financial inflows to such Seller’s designated bank account and Cancel any payment from the Nodal Account, or refund any amount already received by the Seller, if the services to be provided by such Seller is cancelled by the Seller or if the Seller is not able to meet the milestone or periodical targets agreed with the Buyer under the contract.
    • The Company may use such automated mechanisms, including payment gateways/standing instructions/electronic clearing system for receiving payments to its Nodal Account and making payments from the Nodal Accounts in the manner contemplated hereunder. In addition to the other rights available to the Company, the Company shall be, inter-alia, entitled to:
    • Automate collection receivable when one User makes any payment to another User to ensure payments are received as per commitment.
    • Set up a payment gateways, Nodal Accounts and such other payment systems to enable payment to a User of the Platform.
    • Deposit money into the Nodal Account for payment either in one installment or in a phased manner to a User entitled to receive the payment.
    • Generate automated payment instructions either in one installment or in a phased manner in order to be paid to a User entitled to receive the payment.
    • Obtain, store and process individual report of each payment to ascertain its success.
    • Prepare an individual or consolidated reconciliation statement on a periodic basis for reconciling receipts vis-à-vis the payment; and/or
    • Generate reimbursement instructions in cases of refund of monies from the Nodal Account to a Buyer or a Seller obtaining services from the Trade Partner/Value Partner/Co-Creator/Mentor and obtain, store and process any reports of reimbursement for evaluation or reconciliation.
    • If a User cancels his/her/its Account at any time, then, unless any payment made by such User to another User is pending, such monies as is available in the Nodal Account shall be refunded after deducting appropriate charges and fees. The User shall provide such documentation including credit notes in case of such refund from the Nodal Account. Any fees including Company Fee charged to the User shall not be refunded.

• The Company shall be entitled to charge a User availing services from another User, 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 (“Company Fees”). The Company Fees will be paid to the Company by the User in addition to, and along with, the lumpsum payment or each milestone-based or periodical payment made by the User for availing the services and the Company shall be entitled to remove the Company Fees from the Nodal Account and into its own account upon such payments becoming due.
• The Company 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 Company 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 Company. The Company 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 Company Fees or Premium Fees.
• The User will however ensure timely payment of the tax withheld at source and file quarterly returns in time to ensure that the credit for tax withheld is available to the Company.
• It is hereby clarified that no fees will be charged by the Company 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.
• Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, a User shall not:
• Offer a catalog or a link to a third-party website from which Buyers or any User or User of the Platform may obtain such Seller’s services directly.
• Post a single service but offer additional identical services in the service description.
• Offer the opportunity through the Company to circumvent the payment system to provide services outside of the Platform.
• Use their Profile page or user name to promote services not offered on or through the Platform. In case We realize that any professional is involved in any of the above activities, the Company holds the sole discretion to blacklist the User and withhold any outstanding credits or payments to the User.

• 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 compliance’s as may be required to be made as per the extant foreign exchange laws applicable to the payment or receipt thereof.
• If any foreign exchange passes through the Nodal Account, then the Company shall undertake such compliances including the reporting requirements. In such an event, only the Company shall be entitled to the benefit derived from foreign exchange fluctuations and the User who were to receive such benefit shall release the Company from any claim that such User may face or losses that such User might incur due to such foreign currency fluctuation.

• As state and local tax laws vary significantly, You understand and agree that You are solely responsible for determining Your own tax reporting requirements (which includes the GST and TDS implications) in consultation with tax advisors, and that we cannot and do not offer tax advice to any User. Further, You understand that the Company 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.
• Further, while the Company shall facilitate raising of the invoice by the User providing services on the User purchasing the services through the Platform, the ultimate responsibility of compliance with the requirements of Income Tax and GST regulations shall be with the User providing services.
• For the purpose of raising the invoice, You authorize the Company’s representative to sign the invoice generated through the Platform. However, all liabilities arising from issuance of such invoices signed by the Company’s representative will remain with You and not the Company.

CONTRACT TERMS BETWEEN USERS

• The Company may, as a courtesy to Users, provide a general framework of a contract including a non-disclosure and invention protection assignment agreement for negotiating the terms of service between the Users. The Users may execute, upload and store such contracts on the Platform for future reference.
• Users acknowledge and agree that They are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable service; and
• It is solely up to such Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon contract. It is reiterated that any contract agreed between the Users shall ensure that the payment between such Users shall always be routed through the Nodal Account maintained by the Company and subject to these Terms of Use and any provision to the contrary in the contract shall be void.
• You should not rely on the any information or resources for a contract contained on the Platform, as a replacement or substitute for any professional, financial, legal or other advice or counsel. The Company makes no representations and warranties, and expressly disclaims any and all liability or responsibility, concerning actions taken by a User following the information or using the resources offered or provided on or through the Platform. If You require professional advice, You should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist owing to information or resources that are provided on this Platform.

• Each User hereby acknowledges and agrees that the Company is not a party to any oral or written contract entered into between Users in connection with any service offered and accepted, directly or indirectly, through the Platform.
• Each User acknowledges, agrees and understands that the Company only seeks to provide a platform wherein the Users can be brought together and Company itself has not role in the execution or provision of services or performance of obligations under a contract.

• Subject to the provisions regarding disputes between Platform participants in connection with Feedback, Your interactions with individuals and/or organizations found on or through the Platform, including payment of and performance of any service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between You and such individual or organization. You should take reasonable precautions and make such investigation or inquiries You deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, the Users on the Platform.
• You understand that deciding whether to use the services of a User or provide services to a User or use information contained in any Content, including, without limitation, Postings, and/or Feedback, is Your personal decision for which You alone are responsible. You understand that the Company does not warrant and cannot make representations as to the suitability of any individual You may decide to interact with on or through the Platform and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While the Company may attempt to seek non-exhaustive information or obtain non-exhaustive information about the background of the User, in whatever manner deemed fit by the Company, You understand that Users register themselves suo moto. You also understand the User should take an informed decision on his/her/its own accord and keep in mind the fact that the Company only seeks to provide a platform wherein Buyers and Sellers have an opportunity to meet each other.
• Not withstanding the foregoing, You agree that since the Company only seeks to provide a platform wherein different users can be brought together and the Company itself has no role in the execution or provision of services itself, the Company shall not be responsible or liable for any loss or damage of any sort whatsoever incurred as the result of any such transaction or dealings. If there is a dispute between participants on the Platform, or between Users or any User and any third party, You acknowledge and agree that the Company is under no obligation to become involved. In the event that a dispute arises between You and one or more Users or any third party, You hereby release the Company, its officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, liabilities and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Platform or any service provided thereunder.

SPECIFIC TERMS APPLICABLE TO SELLERS

Aspirants In addition to the general terms applicable below, the following terms will specifically apply to Sellers providing services through the Platform. It is clarified that all Users not categorized as Buyers, Co-creators, Value Partners or Trade Partners shall be regarded as Sellers.

• Be able to view, filter, hide, accept or reject any and all demands from Buyers or create a favourites list as part of the filter.
• Be able to view a list of applications made and responses received to the demands made by the Buyers including the specifications for the demands by Buyers.
• Be able to view or clear all hidden search strings or results or hide any search strings.
• Be able to approve the conducting or submit certificate or documents for background verification by a Co-creator including for the reason of enhancement of the Profile or ranking on the Platform.
• Be able to view and access on the Profile a dashboard for managing active demands from Buyers as well as a drive where all files, documents, data and other items can be stored.
• Have access to a calendar scheduler on the Profile page whereby the Seller can block/unblock or snooze any calendar request.
• Be able to view all welfare programmes provided in the Platform.
• Be able to accept or decline mentor requests from, or make, remove or delete mentor requests to, other Sellers.
• Be able to cancel his/her contract with the Buyer and be relieved of his obligations, subject to the other terms of these Terms of Use.
• Be able to search, request, start, allow, block, accept or reject requests, send friend recommendations, withdraw, view requests, follow or unfollow, send messages or chat or remove any collaboration, connection or group created using the Seller’s Profile.
• Not fail to perform services obtained from You, unless the Buyer fails to materially meet the terms of the mutually agreed upon contract for the services, refuses to pay, a clear typographical error is made, or You cannot authenticate the Buyer’s identity.
• Not manipulate the price of any service or interfere with other Users’ Postings.
• Not circumvent or manipulate Our fee structure, the billing process, or fees owed to the Company or post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any User).
• Not take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information from the Platform or using it for purposes unrelated to the Platform).
• Not list services or offers relating to any service in a category that is inappropriate to the service they are offering.
• Not misrepresent the location at or from which they will provide a service.
• Not include brand names or other inappropriate keywords in their Profile, Postings, Feedback, or any other title or description relating to a service.
• Not use misleading titles that do not accurately describe the service.
• Not include any information in their Profile that is fraudulent or misrepresenting.
• Not solicit Buyers to mail cash or use other payment methods not specifically permitted by the Company as approved payment methods.
• Not promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings.
• Not use profanity or obscenity in any Posting.
• Not acknowledge or credit a third-party Seller for services or products directly connected with Your particular Posting; and/or.
• Not include third-party endorsements in a Posting.
• Any breach of the negative covenants mentioned above shall render the Seller liable for such sanction as is provided these Terms of Use, including limiting of account privileges, termination of access, Account or blacklisting from the Platform.
• Notwithstanding the generality of the foregoing, the Company shall be entitled to demerit points from the rankings provided in the Platform.

SPECIFIC TERMS APPLICABLE TO BUYERS

A Seller may register a business on the Platform and shall be regarded as a Buyer upon making such registration, subject to the terms contained herein. In addition to the general terms applicable below, the following terms will specifically apply to Buyers providing services through the Platform.

• Be able to create, update, modify, add or delete any demand prior to acceptance of the same by the Seller.
• Be able to match, spot or onboard Sellers with respect to the demands raised by the Buyer on the Platform.
• Be able to view a dashboard where they can confirm the status of the demand and drive where all files, documents, data and other items can be stored.
• Be able to raise a request for background verification of a Seller and obtain report of the same from a Co-creator for such additional fees as may be agreed with the Platform.
• Complete the periodic verification of e-mail once in 90 (ninety) days or at the time of raising of fresh demand for services.
• Be able to close any demand and offboard any Seller subject to the terms of payment below.
• View the group of the virtual team working in conjunction or otherwise on such Buyers demands.
• Not fail to make payment for services purchased by You, unless the Seller has materially changed the description of the service description after You negotiate an agreement for such service, a clear typographical error is made, or You cannot authenticate the Seller’s identity.
• Not circumvent or manipulate Our fee structure, the billing process, or fees owed to the Company; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any User).
• Not commit to purchasing or using a service but defer to make the payment.
• Not sign up for, negotiate a price for, use, or otherwise solicit a service with no intention of following through with Your use of or payment for the service.
• Not agree to purchase a service when You do not meet the Seller’s terms as outlined in the Posting,
• Not agree to purchase a service with the intention of disrupting a Posting or ensuring a Seller cannot provide any other services due to a commitment to the Buyer; and/or
• Not misuse any options made available now or in the future by the Company in connection with the use or purchase of any service.
• Any breach of the negative covenants mentioned above shall render the Buyer liable for such sanction as is provided in these Terms of Use including but not limited to canceling of a request, limit the Account privileges, suspension of Buyer’s Account and/or decrease the Buyer’s ranking.

SPECIFIC TERMS APPLICABLE TO TRADE PARTNERS

Only the Company shall be entitled to permit any person to register as a Trade Partner on the Platform. In addition to the general terms applicable above, the following terms will specifically apply to Trade Partners providing services through the Platform.

• Fail to perform services obtained from You, unless a Seller fails to materially meet the terms of the mutually agreed upon contract for the services, refuses to pay, a clear typographical error is made, or You cannot authenticate the Seller’s identity; manipulate the price of any service or interfere with other Users’ Postings.
• Circumvent or manipulate Our fee structure, the billing process, or fees owed to the Company; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any User).
• List services or offers relating to any service in a category that is inappropriate to the service they are offering.
• Misrepresent the location at or from which they will provide a service.
• Include any information in their Profile that is fraudulent or misrepresenting.
• Solicit Sellers to mail cash or use other payment methods not specifically permitted by the Company as approved payment methods.
• Promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings.
• Use profanity in any Posting; and/or
• Include third-party endorsements in a Posting.
• Any breach of the negative covenants mentioned above shall render the Trade Partner liable for such sanction as is provided these Terms of Use, including limiting of account privileges, termination of access, Account or blacklisting from the Platform. Notwithstanding the generality of the foregoing, the Company shall be entitled to demerit points from the rankings provided in the Platform.

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 Company 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, information or skills provided by the User in the Platform, 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 Company 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 Company 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 Company 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.

LIMITATIONS OF LIABILITY

In no event shall the Company, 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 loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any

• Access to or use of the Platform or any services offered by any User via the Platform, including services provided pursuant to an agreement formed independently of the Platform, whether or not an agreement for service formed via the Platform is in effect;
• Errors, mistakes, or inaccuracies of data, marks, Content, information, materials or substance of the Platform 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 26 which may be transmitted to or through the Platform by any third party;
• Any interruption or cessation of transmission to or from the Platform;
• Any errors or omissions in any data, content, information, materials or substance of the Platform or Content;
• Any failed negotiations for a service, any disputes that arise during or after the negotiation of a service or the formation of a contract for a service, or any other dispute that arises between Users of the Platform;
• Any defamatory, offensive, or illegal conduct of any third party or User; or
• 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 Company 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.
• In no event shall the total aggregate liability of the Company, 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 Company by You with respect to the service under which such liability arose.
• The Platform may contain links to third-party websites that are not owned or controlled by the Company. The Company does not have any control over, and assumes no responsibility for, the Content, privacy policies, terms of use or practices of any third-party websites. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using the Platform, You expressly relieve the Company from any and all liability arising from Your use of any third-party website. Accordingly, please be advised to read the terms and conditions and privacy policy of each third-party website that You visit, including those directed by the links contained on the Platform.

INDEMNIFICATION AND RELEASE

You agree to defend, indemnify and hold harmless the Company, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from Your use of, access to, and participation in the Platform; Your violation of any provision of the Terms of Use, including the Privacy Policy; Your violation of any third-party right, including without limitation any copyright, property, proprietary, intellectual property, or privacy right; any claim that the content submitted by You caused damage to a third party; or breach of Your express or implied representations and warranties. This defense and indemnification obligation will survive these terms of service and Your use of the Website.

MODIFICATIONS TO OR TERMINATION OF PLATFORM

Modification or Cessation of Platform The Company 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 Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the services offered by the Company.

Termination by Company You hereby acknowledge and agree that the Company, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate Your Account, block Your email or IP address, cancel the Platform or otherwise terminate Your access to or participation in the use of the Platform (or any part thereof), or remove and discard any Content submitted by You on the Platform, immediately and without notice, for any reason, including without limitation, Account inactivity or if the Company believes or has reason to believe that You have violated any provision of the Terms of Use.

Termination by You You may cancel Your use of the Platform and/or terminate the Terms of Use with or without cause at any time by following the link in Your Account under “Delete Account” to deactivate Your Account and discontinue the use of the Platform.

Effect of Termination Upon termination of Your Account, Your right to participate in the Platform, including, but not limited to, Your right to offer or obtain services and Your right to receive any fees or compensation shall automatically terminate. You acknowledge and agree that Your right to receive any fees or compensation accrued for the period prior to termination is conditional upon You having

1. Properly used the Platform.
2. Adhered to the Terms of Use.
3. Maintained continuous activation of Your Account, and
4. Participated on the Platform. In the event of termination, Your Account will be disabled and You may not be granted access to Your Account or any files or other data contained in Your Account. Notwithstanding the foregoing, residual data may remain in the Company system.
5. Unless the Company has previously cancelled or terminated Your use of the Platform (in which case subsequent notice by the Company shall not be required), if You provided a valid email address during registration, the Company will notify You via email of any such termination or cancellation, which shall be effective immediately upon the Company’s delivery of such notice.
6. All licenses granted to You hereunder will immediately terminate; and You shall promptly destroy all copies of Company data, marks and other content in Your possession or control. You further acknowledge and agree that the Company shall not be liable to You or any third party for any termination of Your access to the Platform. Upon termination, the Company retains the right to use any data collected from Your use of the Platform for internal analysis and archival purposes, and all related licenses You have granted the Company hereunder shall remain in effect for the foregoing purpose. In no event is the Company obligated to return to You any Content submitted by You. The provisions of these Terms of Use which by their very nature are intended to survive termination, shall survive expiration or termination of the Platform or Your Account.
7. You agree to indemnify and hold the Company, 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.

Effect of Termination Upon termination of Your Account, Your right to participate in the Platform, including, but not limited to, Your right to offer or obtain services and Your right to receive any fees or compensation shall automatically terminate. You acknowledge and agree that Your right to receive any fees or compensation accrued for the period prior to termination is conditional upon You having

1. Properly used the Platform.
2. Adhered to the Terms of Use.
3. Maintained continuous activation of Your Account, and
4. Participated on the Platform. In the event of termination, Your Account will be disabled and You may not be granted access to Your Account or any files or other data contained in Your Account. Notwithstanding the foregoing, residual data may remain in the Company system.
5. Unless the Company has previously cancelled or terminated Your use of the Platform (in which case subsequent notice by the Company shall not be required), if You provided a valid email address during registration, the Company will notify You via email of any such termination or cancellation, which shall be effective immediately upon the Company’s delivery of such notice.
6. All licenses granted to You hereunder will immediately terminate; and You shall promptly destroy all copies of Company data, marks and other content in Your possession or control. You further acknowledge and agree that the Company shall not be liable to You or any third party for any termination of Your access to the Platform. Upon termination, the Company retains the right to use any data collected from Your use of the Platform for internal analysis and archival purposes, and all related licenses You have granted the Company hereunder shall remain in effect for the foregoing purpose. In no event is the Company obligated to return to You any Content submitted by You. The provisions of these Terms of Use which by their very nature are intended to survive termination, shall survive expiration or termination of the Platform or Your Account.
7. You agree to indemnify and hold the Company, 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.

MISCELLANEOUS

Dispute Resolution If a dispute arises between You and the Company, You and the Company hereby agree that any claim or controversy at law and equity that arises out of the Terms of Use or the Platform shall be resolved in accordance with this Section or as We and You otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage You to first contact us directly to seek a resolution via e-mail at grievances@Evaluationz.com. The dispute shall be resolved through discussions between the parties.

Governing Law and Jurisdiction The Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Bangalore, India.

Advertisements The Company may display advertisements and promotions on the Platform. The manner, mode and extent of advertising by the Company on the Platform are subject to change and the appearance of advertisements on the Platform does not imply endorsement by the Company of any advertised products or services. You agree that the Company 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.

Assignment The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction.

No Agency or Partnership No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or Your use of any part of the Platform, including without limitation, the contract between the Users. You do not have any authority whatsoever to bind the Company in any respect. All Sellers are independent contractors and are neither employees nor contract labour of the Company. Neither the Company nor any Users of the Platform may direct or control the day-to-day activities of the other or create or assume any obligation on behalf of the other.

Third-party Links, Contact Forms and Phone Numbers The Platform may provide information regarding third party website(s), affiliates or business partners and/ or contain links to their websites. Such information and links are provided solely for the purpose of Your reference. The Company is not endorsing the material on those websites, is not responsible for such errors and representation nor is it associated with it and You shall access these websites at Your own risk. Further, You are advised to take precautions to ensure that all links You select or software You download from the websites, is free of such items such as, but not limited to, viruses, worms, trojan horses, defects and other items of a destructive nature. The websites may contain links to or at times connect or redirect You to websites, apps, services and resources owned or controlled by third parties (collectively “Third Party Services”). The Platform does not control or monitor such Third-Party Services and You acknowledge and agree that the Company is not responsible or liable for the content, functionality or practices of such Third-Party Services. When You follow a link on these websites, material at a third-party website may be displayed in Your browser consisting of material on these websites. This material is also third-party material for the purpose of these Terms of Use. The inclusion of links to Third Party Services on the websites does not imply approval or endorsement of Third Party Services by the Company, nor does it suggest any association with operators of such Third-Party Services. The Platform provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites. If You decide to leave the Platform and access Third Party Services, You do so at Your own risk. We suggest that You read the terms of use and privacy policies (if any) of those Third-Party Services. You agree not to hold the Company responsible for any harm that may arise based on Your access to or use of any Third-Party Services. The Users agree that the information and links present in the Platform may not be owned by the Company. The Company has entered into agreements with certain third-party service providers who provide the Company with the service of populating the Platform with Content for the benefit of the Users. Any sharing of the content provided by the service providers shall be in compliance with these Terms of Use.

Force Majeure Neither the Company nor You shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

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,

• 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 By way of SMS or email notifications or messages in any other electronic form.

No Third-party Beneficiaries You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

Notice You agree that the Company may provide You with notices, including those regarding changes to the Terms of Use, by email, regular mail, or Postings on the Platform.

Entire Agreement The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by the Company on the Platform, shall constitute the entire agreement between You and the Company concerning the Platform.

Severability If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

No Waiver No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

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.

Section Headings The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.

ANNEXURE A

Prohibited Activities and Services

• Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media) prohibited, restricted or censored expressly or implicitly under applicable laws; escort or prostitution services; Website access and/or Website memberships of pornography or illegal sites.
• Alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.
• Body parts which includes organs or other body parts.
• Except as, and to the extent, allowed under applicable laws, Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam).
• Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free.
• Child pornography which includes pornographic materials involving minors.
• Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection.
• Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials.
• Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.
• Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods.
• Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms.
• Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items.
• Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction.
• Except as, and to the extent, allowed under applicable laws, Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content.
• Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles.
• Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, website, or other protected property.
• Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.
• Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes.
• Offensive goods which includes literature, products or other materials that:
• Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors.
• Encourage or incite violent acts.
• Promote intolerance or hatred.
• Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals.
• Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives and related goods; toxic, flammable, and radioactive materials and substances.
• Except as, and to the extent, allowed under applicable laws and where any goods hereunder are used for provision of services, regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications.
• Securities which includes government bonds or related financial products.
• Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.
• Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products.
• Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.
• Wholesale currency which includes discounted currencies or currency exchanges.
• Live animals or hides/skins/teeth, nails and other parts etc. of animals.
• Multi-Level Marketing collection fees.
• Matrix sites or sites using a matrix scheme approach.
• Drop-shipped merchandise.
• Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India.
• Businesses or website that operate within the scope of laws which are not absolutely clear or are ambiguous in nature (e.g. Web-based telephony, Website supplying medicines or controlled substances, website that promise online match-making for marriages or any other similar form of civil union including online dating).
• Businesses out rightly banned by law (e.g. Betting & Gambling/ publications or content that is likely to be interpreted by the authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/sweepstakes & games of chance.
• The Merchant who deal in and businesses involved in pyramid marketing schemes or get-rich-quick schemes. Any other product or Service, which in the sole opinion of either the Partner Bank or the Acquiring, is detrimental to the image and interests of either of them / both of them, as communicated by either of them/ both of them to the Intermediary and Merchant from time to time. This shall be without prejudice to any other terms & conditions mentioned in this Agreement.
• Mailing lists except professionals providing services with respect to digital or online marketing with the purview of applicable laws.
• Virtual currency, Cryptocurrency, prohibited investments for commercial gain or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world.
• Money laundering services.
• Database providers (for tele-callers) except professionals providing services with respect to digital or online marketing with the purview of applicable laws.
• Bidding/Auction houses.
• Activities prohibited by the Telecom Regulatory Authority of India.
• Any other activities prohibited by applicable law.