MAPILATE TECHNOLOGIES PRIVATE LIMITED, A Private Limited Company incorporated under the Companies Act, 2013 having its registered office at Kottayam-686612, Kerala, India hereinafter referred to as the "Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its representatives, administrators, permitted successors and assigns.) The creator of these Terms of Service ensures steady commitment to your privacy with regard to the protection of your invaluable information. This document contains information about the website "http://www.hireduty.com//”, its sub domains and the Application for desktop and mobile called "Hireduty” (hereinafter collectively referred to as the "Platform”).
i."We”, "Our”, and "Us” shall mean and refer to the Platform and/or the Company, as the context so requires.
ii."User/Customer/” shall mean and refer to natural and legal individuals, who use the Platform and who intend to seek information about the services offered by the Platform and hire specifically trained people for doing their skilled or unskilled work.
iii."Tasker” refers to individuals specializing in a varied field including but not limited to electricians, plumbers, painters, carpenters, I.T Professionals and content creators who can register on the platform and post their specialization details. When a request for a job is posted by the Users, the same will be notified to the Taskers.
v."Third Parties” refer to any Application, company or individual apart from the User and the creator of this Website.
vi.The term "Platform” refers to providing a website and application for desktop and mobile which shall function as an aggregator Platform connecting Users with the Taskers.
i.The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
iii.The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same.
iv.The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Platformconstitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
v.The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the Userexpressly agrees that any such amendments or modifications shall come into effect immediately.
vi.If the Userdoes not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.
3. SERVICE OVERVIEW
The Company operates the Platform which enables its users to post about jobs they wish to outsource. These could be skilled or semi-skilled jobs. After the post for the outsourced job has been made on the Platform, the same would be notified to the taskers on the Platform. The Taskers are individuals registered on the Platform specializing in a varied skill including but not limited to plumbing, carpentry, coding, painting etc. The interested Taskers will bid for the job after it has been notified to them. The User can choose the tasker with the bid suitable to him or they may seek for any tasker who has previously worked with them. On the Tasker confirming to deliver the work requested by the User, the User has to pay the Tasker’s fee on the platform and mark the job as assigned. After the completion of the job, the same will be marked as done by the Tasker. Upon the User being satisfied with the job performed by the Tasker, the User can mark the job posted as closed. Upon the job being closed satisfactorily by the User, the payment will be transferred to the Tasker’s wallet and the Tasker can withdraw the amount through withdrawal request.
The Platform also enables the User to communicate with the tasker and share particular details and specifications with regard to the assigned job.
- Registration is mandatory for the Users to avail the services offered by the Platform. Users would require to furnish their name, email, phone number and address. The Company may seek any further information that it deems necessary to seek from Users and the same will be updated at regular intervals on the Platform. The Taskers would also have to be registered on the Platform to receive notification of jobs posted on the Platform by the Users.
- Users can currently link any of their Facebook account to the Platform.
- The access and Registration on the Platform are free and no additional charges are levied for the same, but the Company shall have the discretion of levying charges for the same at any point of time.
- Registration for this Platform is available only to those above the age of eighteen (18) years, barring those "Incompetent to Contract” which inter alia include insolvents. For any minors accessing the Platform, the responsibility for such individuals shall lie solely with their guardians and the Platform or Company shall bear no onus in this regard.
- Further, at any time during the use of this Platform, including but not limited to the time of registration, the Users are solely responsible for protecting the confidentiality of their username and password, and any activity under the account shall be deemed to have been done by them.
- The User represents and warrants that they are competent and eligible to enter into legally binding agreements and of 18 years of age and that they have the requisite authority to bind themselves to these Terms in accordance with the Law.
- The User shall not approach the platform with a fraudulent intent of cheating or defrauding.
- The User shall post reviews of the services provided by the Platform in an ethical manner. He shall not use slanderous, abusive or obscene language while posting reviews or during any other time when he is communicating on the Platform.
- The artists shall be responsible for any negative review received on the Platform for the services provided by them, as the Platform only acts as an aggregator and has no role in the delivery of the services.
- The User shall avail the services offered by the Taskers through the Platform prudently. The Platform or the Company shall not be responsible for the quality of the products or services offered through the Platform or the effectiveness of the services or any repercussions arising as a result of the availed products or services.
- The Content displayed on the Platform that is created by the Company is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Company and the copyright owner.
- All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Company and the copyright owner.
- The Platform may capture data from its third-party Vendors, which would be used for enhancing the services delivered.
- The Users will be solely responsible for the content posted by them on the Platform in the form of outsourced job posts. The Platform or the Company will not be responsible in any manner for any discrepancy or misleading information on such posts created by the Users on the Platform.
- The Users are solely responsible for the integrity, authenticity, quality and genuineness of the feedback and comments by Users can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
- The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, and modify any content without written permission of the Company.
- The Platformreserves its right to suspend the account of any Userfor an indefinite period to be decided at the discretion of the Administrator or to terminate the account of any User who is found to have submitted any Content or part thereof that is found to be untrue/inaccurate/misleading, offensive.
a.Registration on the Platform is free of cost at present. However, in case of availing any paid services on the Platform, the Customer shall pay an amount for the services availed through the Platform directly to the Company in any of the prescribed modes of Payment Methods
viii. Online Payment Gateways: Pay Pal and Paytm
b.The User(s) acknowledges that a minimum of one of the above payment methods shall be offered on the Platform. Additional processing charge would be levied on the payments made based on the current payment gateway fees or any similar fees that could arise and the User agrees to the same. The Users are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users.
c. The payment is processed through a third-party gateway and the User shall be bound by the third party’s terms and conditions. Currently the payment gateway through which payments are processed on the Platform are Pay Pal and Paytm, but the same may be changed at any point of time at the sole discretion of the Platform. Any change in information with regard to the third-party payment gateway will be updated on the Platform by the Company.
d.The User can seek refund of payment only in accordance withthe refund and cancellation policy updated on the Platform.
e.The Company will be eligible to charge service charges on each transaction processed through the Platform. Such charges will be charged in accordance with the rates specified on the platform during the time of the transaction. The rates for Service charges can be amended by the Company solely at their discretion at any point of time and no prior consent in this regard has to be sought from the Users or the Taskers.
f.The Company will not be liable for any credit or debit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user. To provide a safe and secure payment experience, the Company regularly monitors transactions for fraudulent activity. In the event of detecting any suspicious activity, the Company reserves the right to cancel all past, pending and future orders without any liability.
g.The Company shall disclaim all responsibility and owns no liability to Users for any outcome (incidental, direct, indirect or otherwise) from the use of the Services. The Company, as a merchant, shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
8. TERM & TERMINATION
a.These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platforms.
b.A User may terminate their use of the Services and the Platform at any time.
c.The Company may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
d.Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
e.It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.
f.The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause.
g.The Platform also reserves the universal right to deny access to particular User, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Platform and/or other users to the Platform.
h.The Company reserves the right to limit, deny or create different access to the Platform and its features with respect to different Customers, or to change any of the features or introduce new features without prior notice.
i.The Customer shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
By using this Platform and providing his/her identity and contact information to the Company through the Platform, the Users hereby agree and consent to receive calls, e-mails or SMS from the Company and/or any of its representatives at any time.
Users can report to "email@example.com” if they find any discrepancy with regard to Platform or content-related information and the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
10. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The Client agrees and acknowledges that they are a restricted user of this Platform and that they:
a. Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. The Company is not liable if the User has provided incorrect information.
b. Agree to ensure the Name, Email address, Address, Mobile number and any such other information provided during account registration is valid at all times and shall keep your information accurate and up-to-date. The User can update their details anytime through accessing their profile on the platform.
c. Agree that they are solely responsible for maintaining the confidentiality of their account password. Further agrees to notify the Company immediately of any unauthorized use of your account. Company reserves the right to close your account at any time for any or no reason.
d. Agree and understand that they will be solely responsible for complying with safety measures at work and complying with stipulated legal norms with regard to the working hours and compensation to be paid.
e. Agree and understand that they will be solely responsible for providing all the required safety gears and equipment to the Tasker.
f. Agree and understand that they will be solely responsible for compliance with guidelines issued by the Government under the Epidemic Diseases Act, 1897.
g. Understand and acknowledge that the data submitted is manually entered into the database of the Platform. The User also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference for the User, and to streamline the Services through the Platform.
h. Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Client responses, Client locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimization of User-related options and Services.
j. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Company.
k. Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the User’s access to the Platform. The User acknowledges and agrees that by accessing or using the Platform or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Platform.
l. Expressly agree and acknowledge that the Content generated by the User and displayed on the Platform is not owned by the Company and that the Company is in no way responsible for the content of the same. The User may, however, report any offensive or objectionable content, which the Company may then remove from the Platform, at its sole discretion.
m. Expressly consents to follow the terms and conditions, and policies of the Vendor affiliated with the Company from whom the Users are utilizing services.
The User further undertakes not to:
a. Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
b. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
c. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
d. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked Platforms;
e. Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (s);
f. Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the Platform;
g. Violate any applicable laws, rules or regulations currently in force within or outside India;
i. Commit any act that causes the Company to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Company/Platform;
j. The User hereby expressly authorizes the Company/Platform to disclose any and all information relating to the User in the possession of the Company/Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
k. By indicating User's acceptance to purchase any product or service offered on the site, the user is obligated to complete such transactions after making payment. Users shall prohibit from indicating their acceptance to avail services where the transactions have remained incomplete.
l. The User agrees to use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only.
m. The User agrees not to make any bulk purchase to indulge in any resale activities. In case of any such instances, the Company reserves all rights to cancel the current and future orders and block the concerned User account.
n. The User agrees to provide authentic and true information. The Company reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found to be false, not to be true (wholly or partly), the Company shall in its sole discretion reject the registration and debar the User from using the Services available on its Website, and/or other affiliated websites without prior intimation whatsoever.
o. The User agrees not to post any content on the website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertises any goods or services. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
i.belongs to another person and to which the User has no right to;
ii.is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii. is in any way harmful to minors;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v.violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii.Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
viii. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
ix. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
x.Threatens the unity, integrity, defense, security or sovereignty of India, 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 any other nation.
The Users agree to indemnify and hold harmless the Company, itspartners, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses including but not limited to legal expenses arising out of or relating to any claims in the instance that the User has used the Services in violation of the rights of another party, in violation of any law, in violations of any provisions of the said Terms and Conditions, or any other claim related to your use of the Services, except where such use is authorized by the Company.
12. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, the Company may in its sole discretion, limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or refuse to usage of the Platform to the User, without being required to provide the User with notice or cause:
a. If the User is in breach any of these Terms or the Policy;
b. If the User has provided wrong, inaccurate, incomplete or incorrect information;
c. If the User’s actions may cause any harm, damage or loss to the other Users or to the Company, at the sole discretion of the Company.
13. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms.
14. FORCE MAJEURE
Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
15 .DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution ("ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
i. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
ii. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Kottayam, Kerala, India.
a.The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.
The Parties to the Term hereby mutually agree that Jurisdiction for any claim arising out of the said terms shall lie with the courts of Kottayam, Kerala, India.
a. Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to firstname.lastname@example.org
18. MISCELLANEOUS PROVISIONS
a.Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
b.Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c.Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such a case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
d.Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at email@example.com