Terms and Conditions
- “Account” means the account successfully opened by the User on the Website by inserting information such as name, registration details (if a juristic person ), contact details, user name, password as required to be filled in the webpage during the Registration Process and includes any further changes and additions to the information from time to time.
b. “Solution Provider” means any User (Company or Individual) who accesses the Website or uses the Services with an intention to secure Work/ Jobs / Projects / Assignments.
c. “Solution Seeker” means any company or any other entity which accesses the Website or uses the Services with an intention to provide Work / Jobs / Projects / Assignments to the eligible Solution Providers in its own organisation or in facilitating Solution Providers to get Work / Jobs / Projects / Assignments in any other organisation for a term as detailed by it.
d. “Member” means the User who has completed the Registration Process successfully as per clause 6 of this Agreement.
e. “Supplier” means any company or any other entity which accesses the Website or uses the Services with an intention showcase their products/company/brand.
Please review our Privacy Notice, which also governs your visit to the Website, to understand industry wide best practices.
When you visit the Website or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us amongst other things electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement.
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, articles, white papers, videos and software, is the property of Tech4Serve or its content suppliers and is protected by Indian and international copyright laws/rules/regulations/statutes. The compilation of all content on this site is the exclusive property of Tech4Serve and protected by Indian copyright laws. All software used on this site is the exclusive property of Tech4Serve and protected by Indian and international copyright laws /rules/ regulations/statutes.
You, if an individual, must be 18 or above, or the legal age to form a binding contract in Your jurisdiction if that age is greater than 18 years of age, to be a member or to use the Website and Services.
You, if a company, partnership firm, trust or any other juristic person (except an individual) must have the capacity to form a binding contract in Your jurisdiction. Membership or use of this Website is void where prohibited by applicable law, and the right to access the Website will be deemed to be revoked in such jurisdictions ab initio.
1.1 The use of this Website entitles the User, whether a Solution Provider or a Solution Seeker, to avail certain services as provided in the following clauses (“Services”) and interpretation of the term “Services” shall be done accordingly depending upon the context.
1.2 If the Solution Providers have completed registration as per clause 6.1, they shall be entitled to search for a project / assignment and view project / assignment listings and snapshots of the projects / assignments.
1.3 If the Solution Seeker have completed simple registration as per clause 6.2, they shall be entitled for listing projects / assignments (non-permanent in nature) and after the screening, verification and approval of the same they can communicate with the Solution Providers.
1.4 The Website reserves the right to change the nature of Services as mentioned in clause 3.2 or clause 3.3 at its sole discretion. Such change may be notified to the User by publishing the same on the Website.
- Restrictions on use
2.1 Users shall not use the Website in order to transmit, distribute, store or destroy material, including without limitation content provided by the Website:
a. for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or
b. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or
c. that is defamatory, libellous, obscene, threatening, abusive or is offensive to Users of the Website, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or
d. that is false or misleading; or
e. that harasses or advocates harassment of another person.
2.2 Users are also prohibited from violating or attempting to violate the security of the Website, including, without limitation the following activities:
a. accessing data not intended for such User or logging into a server or account which the User is not authorized to access;.
b. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
c. attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or
d. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
2.3 Specific restrictions on rights to Use: In addition to the above, the Users shall not:
a. modify, adapt, translate, or reverse engineer any portion of the Website and/or Services;
b. remove any copyright, trademark or other proprietary rights notices contained in or on the Website and/or Service;
c. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website and/or Service or for crawling the Website and scraping content or to circumvent the technological methods adopted by the Website to prevent such prohibited use;
d. collect any information about other Users including Members (including usernames and/or email addresses) for any purpose other than to solicit applications for project / assignment listings;
e. reformat or frame any portion of the web pages that are part of the Website and/or Service;.
f. create user accounts by automated means or under false or fraudulent pretences;
g. create or transmit unwanted electronic communications such as “spam” to other Users or Members of the Website and/or Service or otherwise interfere with other User’s or Member’s enjoyment of the Website and/or Service;
h. submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by Website;
i. transmit any viruses, worms, defects, trojan horses or other items of a destructive nature;
j. use of the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
k. copy or store any content offered on the Website for other than Your own use;
l. take any action that imposes, or may impose in the Website’s sole discretion, an unreasonable or disproportionately large load on the Website’s IT infrastructure;
- Remedies with the Website
3.1. You understand and agree that the Website may review any content or project / assignment listing and in case the Website finds, in its sole discretion, that the User violates any terms of this Agreement especially Clause 2, the Website reserves the right to take actions to prevent/control such violation including without limitation, removing the offending communication or content from the Website and/or terminating the Membership of such violators and/or blocking their use of the Website and/or Service.
3.2. The Website shall also be entitled to investigate occurrences which may involve such violations and take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
3.3. In order to ensure a safe and effective experience for all the Users, the Website reserves the right to limit the amount of data (including profile/resume views) that may be accessed by them in any given time period. These limits may be amended in the Website’s sole discretion from time to time.
- Registration / Password and Newsletter
As a member, you will be responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Website of any unauthorized use of your registration or password.
To contact you we may email you with essential service-related announcements from time to time.
Newsletter: While registering on the site you automatically subscribe to our newsletters and agree to receive the various notifications and newsletters from time to time. You may subscribe and unsubscribe on ‘my account tab’. You may also unsubscribe by link in each newsletter.
Notwithstanding anything contained in clause 4 of this Agreement, the Website may at its sole discretion, post the details of the member, for any of its promotion scheme.
- Payments, Refunds and Display
5.1 The payment, if any, for service once subscribed to by the subscriber is not refundable.
5.2 The Website offers no guarantee or warranties that there would be a satisfactory response or any response at all once the profile is put on display.
5.3 The Website neither guarantees nor offers any warranty about the credentials of the prospective employer/organization which downloads the information and uses it to contact the prospective employee / visitor / user / subscriber.
5.4 The Website reserves the right to edit/delete any content on the website that it finds misleading/objectionable. It also will be held harmless for any loss of content of video profiles if the content was found to be objectionable by any viewer or bots on the internet.
5.5 The Website would not be held liable for loss of any data technical or otherwise, and particulars supplied by subscribers due to reasons beyond its control like corruption of data or loss of communication network, systemic failure, delay or failure to perform as a result of any causes or conditions that are beyond the Websites reasonable control including but not limited to strikes, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, war and natural calamities.
5.6 It shall be the sole responsibility of the individual to check the authenticity of all or any response received pursuant to the profile being displayed by the Website for going out of station or in station for any job / interview and the Website assumes no responsibility in respect thereof.
5.7 The Website reserves its right to reject any insertion or information/data provided by the subscriber, without assigning any reason either before uploading or after uploading the vacancy details, but in such an eventuality, any amount so paid for, shall be refunded to the subscriber on a pro-rata basis at the sole discretion of the Website.
5.8 The Website will commence providing services only upon receipt of amount/charges upfront either from subscriber or from a third party on behalf of the subscriber.
5.9 This subscription is not transferable i.e. it is for the same person throughout the period of subscription.
5.10 The Website has the right to make all such modifications/editing of profile/postings in order to fit the profile/project postings/any other information in its database and/or data formats.
5.11 The liability, if any, of the Website is limited to the extent of the amount paid by the subscriber.
5.12 The subscriber shall be assigned password (s) by the Website to enable the subscriber to access all the information received through its Website, but the sole responsibility of the safe custody of the password shall be that of the subscriber and the Website shall not be responsible for data loss/theft or data/corruption or the wrong usage/misuse of the password and any damage or leak of information and its consequential usage by a third party. The Website undertakes to take all reasonable precautions at its end to ensure that there is no leakage/misuse of the password granted to the subscriber.
5.13 The subscriber undertakes that the data/information provided by him is true and correct in all respects.
5.14 The Website has right to change all plans and prices without prior notification.
5.15 The Website is not responsible for any techno-commercial discussions and does not guarantee the solution.
5.16 The Website does not guarantee any leads/sales to the Supplier.
- Registration Process
The Member to be entitled to avail the Services shall have to complete the registration process (“Registration Process”) as provided below:
6.1 For Solution Providers (Businesses/Individuals)
a. The Registration Process may involve only simple registration or may involve a detailed profile creation depending on the need of the Solution Provider.
b. Registration is mandatory for Solution Providers and requires them to provide certain basic information about them such as name, industry, contact details and accordingly create an Account
c. Registration entitles the Solution Providers to avail Services as provided in clause 1.2 of this Agreement.
d. After registration, the Solution Provider might be needed to fill in the details in the complete profile.
e. The Solution provider understands and agrees that the Website will screen and verify the information provided by the Solution Provider in the profile and at its sole discretion, increase the amount or information for the Registration Process and may ask for further information even after Registration Process. The Website may in its sole discretion, close the Account, if any information provided is found to be false or the information provided is not sufficient. After the screening and verification of the information provided by the Solution Provider, the Website may allow the Solution Provider to apply for listings of projects / assignments.
f. The Website at its sole discretion may disallow/prevent a Solution Provider from applying for projects/assignments posted on the website if information provided by the solution provider is incomplete/misleading.
g. The process of registration and the information sought in the profile can be altered / modified / changed at the sole discretion of the Website.
6.2 For Solution Seekers the Registration Process may involve only simple registration. Simple registration is mandatory for the Solution Seekers and requires the Solution Seekers to provide certain basic information about itself such as company name, name of the authorised person and industry description and accordingly create an Account. Simple registration entitles the Solution Seekers to avail Services as provided in clause 1.3 of this Agreement.
a. After the simple registration is completed, the Solution Seekers is required to fill listings of projects/assignments any time within the term of this Agreement by providing detailed information as requested in the Account for screening and verification and after such screening and verification the Solution Seeker’s listings of projects/assignments will be listed.
b. The Solution Seekers understands and agrees that the Website may screen and verify the information provided by the Solution Seekers and at its sole discretion, increase the amount or information for the Registration Process and may ask for further information even after Registration Process. The Website may in its sole discretion, close the Account, if any information provided is found to be false or the information provided is not sufficient.
c. Notwithstanding anything contained in clause 6.2 of this Agreement, the Website may at its sole discretion, post the details of the Solution Seekers, for any of its promotion scheme.
d. All projects posted on the platform will be active for one month (1 month) from the date of posting the project. Post this the project shall be made awarded unless the problem poster has a valid reason to keep the project active. Any project poster/solution seeker/industry/entrepreneur is obliged to talk/discuss/communicate with the consultants/experts applying for the project and in case there is no response for the consultants for a period of 2 weeks(15 days), then the account of the person posting the project will be temporarily suspended and the same shall be made active only if the concerned person talks/ discuss with all those experts who have applied/replied to the project posting. In order to reactivate the account, the solution seeker will have to talk to the Tech4Serve technical team who after confirmation that you have discussed with the experts who have applied for the project, shall reactivate the account.
- Delays in Services
Neither Tech4Serve (including its owner and their directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other causes beyond its control or like causes. Tech4Serve shall have no responsibility to provide you access to the Website while interruption of the Website is due to any such cause shall continue.
9 Term and Termination
a. on completion of the term for which the User has engaged the Services; or
c. if, in the opinion of the Website or/and any regulatory authority, it is not in the public interest to continue providing the use or Service to the User for any reason; or
d. If the User is declared a bankrupt and/or proceedings for winding up has been initiated; or
e. by the Parties by mutual written agreement.
Except for the content submitted by the Members or the Users, any material, content or logos, marks, software on or part of the Website and all aspects thereof, including all copyrights and other intellectual property or proprietary rights therein, is owned by the Company or its licensors.
- Copyright Dispute Policy.
12.1 The Website has adopted the following general policy towards copyright infringement. The contact details of the Website’s designated agent to receive notification of claimed infringement (“Designated Agent”) is provided at the bottom of this section.
i. It is the Website’s policy to block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of the Website’s advertisers, affiliates, content providers, Members or Users; and remove and discontinue Services to repeat offenders.
ii. Procedure for reporting purported copyright infringements: If You believe that Your copyrighted material or content is posted, uploaded or made accessible through the Website or Services, please inform the Designated Agent of such material or content and provide us with the following information (“Bona Fide Infringement Notification”)
a. Details of the ownership of the copyright and if applicable, a physical or electronic signature of a person authorised to act on behalf of the owner of the copyright that has been allegedly infringed;
b. Details of works or materials that You believe are being infringed;
c. Identification of the material or content on the Website that is claimed to be infringing Your copyrighted works including information regarding the location of such materials with sufficient detail to enable the Website to find and verify such materials;
d. Your contact information including address, telephone number and, if available, email address;
e. A statement by You that You have a bona fide belief that the publication or uploading of the copyrighted material has not been authorised by either by (a) the copyright owner; (b) his authorised agent, or (c) the law; and
f. A statement by You setting out either that You are the owner of the copyrighted work or have been authorised by the owner to communicate with the Website with regard to the use, publication, uploading of the copyrighted work on the Website.
iii. Designated Agent: By mail: firstname.lastname@example.org
iv. Upon Receipt of a Bona Fide Infringement Notification. Once the Website has received a Bona Fide Infringement Notification, the Website shall have the right to, at its sole discretion,
a. remove or disable access to the material claimed to having breached the notifier’s copyrighted works; and
b. to notify the Content provider, Member or User that it has removed or disabled access to the material;
v. Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider, Member or User believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, Member or User believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, Member or User must send a counter-notice containing the following information to the Designated Agent listed below:
a. A physical or electronic signature of the content provider, Member or User;
b. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
c. A statement that the content provider, Member or User has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
d. The provider’s, Member’s or User’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the competent court in Mumbai.
e. Removal: If a counter-notice is received by the Designated Agent, the Website may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless a court of competent jurisdiction gives direction against removal of such material, the removed material may be replaced or access to it restored at any time at the sole discretion of the Website, after receipt of the counter-notice.
12.2 It is clarified that the role of the Website is to facilitate consultation between the Service Provider and the Work Provider and it shall not take responsibility or be liable for any copyright infringement.
- Links to third party sites
The links in this site or third parties may provide, links to other World Wide Web or other online electronic sites or resources / services. You acknowledge that the Website has no control over such sites and resources / services. You acknowledge and agree that the Website is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other Material / Services on or available from such sites or resources / services. You further acknowledge and agree that the Website / Tech4Serve shall not be responsible or liable, in any manner whatsoever, for any payments, damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. If You enter into correspondence or engage in commercial transactions with third parties in connection with Your use of the Services, such activity would be solely between You and the third party. The Website shall have no liability, obligation or responsibility for any such activity.
- Limitation on Liability
The Website shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Website’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line noise” interference). Without limiting the foregoing, the website and its affiliates and suppliers will not be liable under any law, for any indirect, incidental, punitive, and consequential damages, including, but not limited to loss of profits, business interruption, and/or loss of information or data. Notwithstanding anything to the contrary contained herein, the website’s maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, will always be limited to the amount paid, if any, by you to the website for the services in the 12 months immediately prior to the action giving rise to liability.
You shall indemnify, defend and hold harmless the Website / Tech4Serve and its Associated Entities from any and all actions criminal or civil in nature, claims and losses imposed on, incurred by or asserted as a result of or related to: (a) your access and use of the Website (b) any non-compliance by you with the terms and conditions hereof; or (c) any third party actions related to users receipt and use of the information, whether authorized or unauthorized (d) or any other reason, whatsoever.
- Right to Refuse
The Website reserves the right in its sole discretion to refuse service at any time. Sale of any services is subject to availability.
- Conflicting Terms
The terms of this agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in New Delhi, India in all disputes arising out of or relating to the use of the Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
20.1 For the purpose of this Agreement and attachments thereto and all renewals, “Confidential Information” means all financial, commercial, technical, operational, staff, management and other information, methods developed for analysis, verification and recruitment, data and know-how relating to the Website or to a party (the “Disclosing Party” either the Solution Provider or the Solution Seeker) or, which may be supplied to or may otherwise come into the possession of the other (the “Receiving Party”, herein the User), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party to be confidential and is not generally available to the public.
20.2 The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information or any part of it and upon prior permission in writing from the Disclosing Party. The Receiving Party agrees to take all possible precautions with regard to protecting confidential information from any third party.
20.3 Further no use, reproduction, transformation or storage of the Confidential Information shall be made by the User without the prior written permission of the Website, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
20.5 The User has access to only his own data and information stored in the database at Website (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time.
20.6 All Confidential Information (including name, e-mail address etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. The Website shall not be responsible for misuse of any such information, collected by a third party, or any unsolicited messages from such third parties.
20.7 If the User is an unintended recipient, even if registered as a Solution Provider or a Solution Seeker and is using or accessing the Website to gain Confidential Information and if such an User has obtained access to the Confidential Information, it shall be a breach of this Agreement.
Such unintended recipient shall be under strict obligation to keep the Confidential Information so acquired absolutely confidential. The Website in such an event, be entitled to inquire and investigate and seek legal remedy against such unintended recipient including to seek temporary and permanent injunction.
21.5 Force Majeure- The Website is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
21.6 Interpretation In this Agreement, unless the context otherwise requires references to recitals, clauses and sub-clauses are to recitals, clauses and sub-clauses of this Agreement; headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of this Agreement; references to the singular number shall include references to the plural number and vice versa; words denoting one gender include all genders; any reference in this Agreement to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of this Agreement; and any reference to a time limit in this Agreement means the time limit set out in the relevant clause or Sub-clause or such other time limit which may be mutually agreed by the parties in writing.