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TERMS OF USE

Last revised on 30/May/2017

When you use Hellosaarthi mobile app and related services, you agree to the terms of use. Please take a few minutes to read over the terms of use below as you are entering into a legally binding agreement.

1. OUR MISSION

We are a social online informative platform designed to bridge the gap between users and resources. Hellosaarthi app users can get their work done at anytime from anywhere. Hellosaarthi app opens opportunities for resources to find work according to their skills and be more productive and successful.

2. AGREEMENT

You acknowledge that Hellosaarthi mobile application (hereinafter referred to as “the application”) is an informative platform. We only distribute and publish information submitted by Service Givers (Resources) and Service Users. By using, visiting, registering for services available and displayed on the application and by clicking “I agree” you hereby certify that you are either a Service Giver (Resource) or a prospective Service User. All reference to “you” or “your” mean the person who accesses or uses the application in any manner.

By accessing or using Hellosaarthi mobile application and related services, you are entering into a legally binding agreement for yourself or on behalf of others (such as company, partnership firm or organization) with the company operating the Hellosaarthi application for the country in which you live or in which your business is headquartered. Hellosaarthi application is currently owned and operated in India by HelloSaarthi Technologies Private Limited (hereinafter referred to as “us”, “we”). All the terms of this agreement are deemed to be acknowledged and accepted by you each time you use or access Hellosaarthi app or related services. This binding agreement applies to members, account holders (also referred to as “Registered Users”), unregistered users and visitors. If you are accessing or using Hellosaarthi app on behalf of your employer or any other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to this Agreement. If you do not have the requisite authority, you may not accept this Agreement or use Hellosaarthi app on behalf of your employer or other entity.

Terms of use set forth below, privacy policy (https://www.hellosaarthi.com/privacy_policy.php), additional policies published on our website, service announcements, administrative messages and other terms that will be displayed to you at the time you use the Hellosaarthi app are collectively herein referred to as “Agreement”. Additional terms will become part of your agreement with us if you use premium or paid services.

We may change, modify or revise these Terms at any time by posting an updated version at the domain of www.hellosaarthi.com/terms. Your use of Hellosaarthi Application and related services post any amendment to this agreement will signify your assent to and acceptance to any revised terms of use.

If you do not agree to the terms of this Agreement, do not use or access Hellosaarthi app or otherwise use any of our Services in any manner.

3. PRIVACY REMINDER

Never share your password, credit card number or bank account numbers with users of the Hellosaarthi application.

4. ELIGIBILITY

You are major as per applicable laws and possess all eligibilities and competency of entering into this Agreement.

You are not already restricted by us from using the Hellosaarthi app.

5. MEMBERSHIP

You will not share your account at Hellosaarthi application with anyone else. You will not have more than one account at Hellosaarthi application. You will follow all the rules and all the applicable laws.

You are responsible for all activities that happen on or through through your account.

You will provide true, accurate, current and complete information to resister or create account at the application and you shall maintain and update such information to keep it accurate, true, current and complete.

6. PAYMENTS

We reserve the right at our sole discretion to charge fee for services or use of the application in the future.

In future we may offer additional services and reserves our right to charge fee for such services at our sole discretion.

We are permitted to bill you for the applicable charges along with applicable tax and we are permitted to bill the fee to your credit card, a payment gateway or other payment method designated at the time you make purchase or opt for a paid service. If an amount payable on your account, you agree that we may charge such outstanding amount to your credit card or otherwise. If you do not pay on time or if we are unable to charge to your credit card, payment gateway or other payment methods for any reason, we reserve right to either suspend or terminate your access or use of the application.

You authorize us to store your payment information and continue billing your payment method (e.g. credit card), to avoid interruptions in your service (e.g. subscriptions) and/or to facilitate easy payment for new services.

You must pay us for applicable fees and taxes unless you cancel or opt out of the Paid Service, in which case you agree to still pay these fees through the end of the applicable subscription period. If you cancel your account or registration on the application, you will not receive any refund. To recover any outstanding amount, we reserve our right to initiate appropriate legal proceedings.

We are not responsible or liable in any manner in relation to tax liability of users of the application

7. NOTICE/ SERVICE MESSAGES / CIRCULARS / DIRECTIVES/ NOTIFICATION/ WARNING

You agree that we may provide notices, messages, notifications and/or warnings to you through banner notice, email and/or through other means including mobile number, telephone, or mail or posting on our website.

You agree to provide correct contact information and keep it up to date.

8. SHARING

Use of Hellosaarthi app allows sharing of information, including but not limited to your profile, qualifications, job posting, lotion, geofencing, problem sharing. Others members, registered users, unregistered users and visitors can see, copy and use any information and content that you share or post. Where we have made settings available, you can control content and information you share through the application.

We are allowed to remove or restrict any information or content, with or without notice.

9. YOUR LICENSE TO US

You own all of the content, feedback, and personal information you provide, upload, submit, store, send or receive through the application or related services and you grant us a worldwide, transferable, royalty free and sub-licensable non-exclusive license to use, copy, modify, distribute, publish, and process, information and content that you provide, post or share without any further consent, notice and/or compensation to you or others. The rights granted to us in this license are for the limited purposes of operating, promoting and improving our services. This license continues even after you close you account or stop using the application.

You promise to only provide content that you have the right to share. You agree to only provide content or information that does not violate the law nor anyone's rights (eg. intellectual property rights or contractual rights). Make sure you have the necessary rights and permissions to grant us the license.

You may find more information about how we use and store your content and information in the Privacy Policy https://www.hellosaarthi.com/privacy_policy.php.

We may be required by law to provide or remove certain information or content in certain countries.

10. USE OF OUR CONTENT

You agree not to infringe our intellectual property rights. You further agree not to misuse our content in any way. The use of our content on any other application, web site or in a networked computer environment for any purpose is prohibited. Any code that we creates to generate or display any Content or the pages making up any Application or Service is also protected copyright and you may not copy or adapt such code.

The contents of the Hellosaarthi App, such as designs, appearance, text, graphics, images, video, information, logos, button icons, software, audio files and other content, are protected under copyright, trademark and other laws. All such Content is our property. Unauthorized use of the Content may violate the laws, regulations and statutes, and is strictly prohibited.

11. DISCLAIMER

For the purpose of this paragraph “we” include our subsidiary companies and affiliated legal entities and all our directors, officers, managers, directors, assigns, suppliers, attorneys, agents, licensors and employees.

We do not warrant that the application and our website are free of computer viruses or other harmful mechanisms.

We disclaim all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. We make no warranties about the accuracy, reliability, completeness, or timeliness of our content, services, software, text, graphics, and links. We provide the service (including content and information) on an “as is” and “as available” basis without any warranties of any kind.

Some laws do not allow certain disclaimers, so some or all of these disclaimers may not apply to you.

12. EXCLUSION OF LIABILITY / NO RESPONSIBILITY

For the purpose of this paragraph “we” include our subsidiary companies and affiliated legal entities and all our directors, officers, managers, directors, assigns, suppliers, attorneys, agents, licensors and employees.

You acknowledge and agree that we not liable for any direct, incidental, special, punitive, consequential, exemplary damages (including but not limited to loss of business, rebenue, profits, data, or other advantages) whatsoever from any (A) access or use of the application and related services (B) services provided or goods supplied pursuant to an agreement formed independent of us (C) errors, inaccuracies, mistakes of data, mark, content, information, material, information, substance of the application and submitted content (D)any unauthorized access to or use of our secured servers and/or any or all personal, sensitive and financial information stored therein (E) any bugs, viruses, Trojan horses or the like which may transmitted to or through the use of the application or third party website or services (F) any interruptions or cessation of transmission to or from the website (G) any failed negotiations or bids (H) any dispute that arise during or after negotiations or bids, formation of contract of service or supply or any dispute arises between the users (I) any defamatory, offensive, objectionable or illegal conduct of any third party or Service Givers (Resources) and Service Users (J) third party content or information, statement and act , whether based on warranty, contract, tort (including negligence) or any other legal theory, And whether or not we are advised of the possibility of such damage.

The Member/user must at all times strictly comply with all applicable laws, rules and regulations. If you fails to comply with the above or commit any illegal act while availing the service or if in our opinion your behavior is causing or is likely to cause danger, distress or material annoyance to others, your membership, registration or access may be terminated and you will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of such membership or access.

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We generally do not screen or censor the contents, representations made, promises made or profiles offered. We are not involved in, and do not control, the actual transaction and communication between the users. As a result, we are not responsible for user Content, the quality, accuracy, reliability, safety, legality, ability and we make no representations regarding any contents, promises made, representations made or profiles offered. We reserve the discretion to remove any material from the application from time to time, we do not assume any obligation to do so and disclaims any liability for failing to take any such action.

Note that there are risks of dealing with strangers, underage persons, people acting under false pretenses or imposters. You assume all risks associated with dealing with other with whom You come in contact through the application. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense and take all prudent measures in relation to your own safety while availing the service.

Because User authentication on the Internet is difficult, we cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on the application, in the event that You have a dispute, you release us from all claims, demands, damages and liabilities arising out of or in any way connected with such disputes to the fullest extent permitted by law.

The use of the application may involve a significant amount of risk to privacy or other right(s). Sharing of location through Global Positioning System (GPS), video sharing and other services involve inherent risk, danger and challenges and you have considered such risks to privacy and safety and are willing to assume it, by confirming to avail such service. You hereby assume all such risk and hereby exempt us from all claims and causes of action arising from any losses, damages or injuries or death resulting from the service(s) availed. We shall not be held liable for sub-standard service or loss or damage to person(s) or property of any kind.

We do not guarantee and promise any specific results from use of Hellosaarthi App. No advice or information is given by us and as such we assume any responsibility.

We do not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the Application, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services. We are not liable or responsible to Users for performance or nonperformance of such activities.

This limitation of liability is part of the basis of the bargain between you and us and shall apply to all claims and liability (e.g. Warranty, tort, negligence, and contract) and even if we have been told of the possibility of any such damage and even if these remedies fail their essential purpose.

Your only right or remedy with respect to any problems or dissatisfaction with the application is to immediately uninstall and delete the application

Subject to the above, our total liability in no event shall exceed to the amount paid to us in the past six months for the use of the application and related services.

The foregoing limitation of liability shall apply to the fullest extent permitted by law.

If you believe that something on the Site violates these Terms please contact us.

13. INDEMNIFICATION

You agree to defend, indemnify and hold us our subsidiary companies, affiliated legal entities, officers, directors, employees and agents harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the application and related services; (ii) your violation of any term of these Terms of use and the agreement with you; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim of damage caused to any one due to your acts. This indemnification will survive these Terms of Use and your use of the Hellosaarthi application.

14. SERVICE AVAILABILITY

We are constantly changing and improving our services and we reserve the right to end, suspend or change any Service temporarily or permanently or create new conditions or limitations to our services from time to time with or without any notice and in our sole discretion. We may also impose, change or modify charges of any services prospectively.

15. LIMITS

We reserve the right to limit your use of the Services, including the number of your connections and your ability to contact other Members without prior notice.

We do not monitor the activities of the users of the application. If we are notified or otherwise become aware or believe that (A) you may be in breach of this Agreement, (B) violating any Do and Don'ts or law (including Intellectual property laws), (C) are misusing the Services or (D) Violating third party rights we reserve the right to terminate, block, bar, suspend, or restrict your access, registration or account on the application or any service provided without prior notice.

We reserve the right to cancel user accounts that are inactive for more than three months.

16. TERMINATION

You acknowledge and agree that we have sole and absolute discretion to delete, terminate, or deactivate your account, block your email or IP address or terminate your access to or participate in the use of the application and related service, without any notice, for any reason.

This Agreement may be terminated, by either of us, at any time with notice to the others

Upon termination by of your account, your right to use the application and related services shall automatically terminate and 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 termination, your residual data may remain in our servers. Our rights to use and disclose your feedback shall survive termination. Upon termination, we retain the right to use any data collected from your use of the website, for internal analysis and archival purposes. Any amounts payable to us prior to termination remain payable after termination.

You further acknowledge and agree that we shall not be liable to you or any third party for any termination of your access to the website.

You agree to defend, indemnify and hold us, our subsidiary companies, affiliated legal entities, officers, directors, employees and agents harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from termination of services.

You may discontinue use of the application or terminate this agreement at any time. You can visit our Help Center to learn how to close your Hellosaarthi account.

17. CONTRACT BETWEEN USERS AND DISPUTES BETWEEN USERS.

You acknowledge and agree that we are not a party to any oral or written agreement for service, negotiation or contract (oral or written) entered into between the users in connection with any services offered through the application. You acknowledge and agree that the Hellosaarthi application is only a platform to bridge the gap between Service Givers (Resources) and Service Users and we don’t have any role in providing and executing services .

You acknowledge and agree that no agency, partnership, joint venture or employment is created as result of your use of the application and you have no authority to bind us in any manner. We do not assume any obligation on behalf of the others.

Any disputes, including but not limited to payments, performance, warranties, representations, dealings, interactions, feedback, between the participants and users of the application are solely between them. You should take reasonable precautions and make necessary investigations or inquiries before proceeding with any transaction with Service Givers (Resources) and Service Users.

You acknowledge and agree that using the application, providing services or using services through our platform is your personal decision for which you alone are responsible.

We do not warrant or represent or recommend suitability of service of any Service Givers (Resources).

You acknowledge and agree that any background check undertaken by us is not exhaust to determine criminal antecedents and you should take informed decision and keep in mind that we only provide a platform where Service Givers (Resources) and Service Users can meet.

If there is any dispute between Service Givers (Resources) and Service Users or any third party, you acknowledge and agree we are under no obligation to get involved. If there is any dispute between Service Givers (Resources) and Service Users or any third party you agree to release us, our subsidiary companies, affiliated legal entities, officers, directors, employees and agents harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt.

18. GENERAL TERMS

The English version of this Agreement is binding and other translations are for convenience only. Terms of use, privacy policy, additional policies published on our website, service announcements, administrative messages and other terms that will be displayed to you at the time you use the Hellosaarthi app shall constitute the entire agreement between you and us. This Agreement, as amended and updated time to time is the only agreement between us regarding use of Hellosaarthi App and related Services. This agreement supersedes all prior agreements.

If a competent court finds any part of this agreement not enforceable, the court may modify the term to make it enforceable while still achieving its purpose and intent. If the court cannot do that, we agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. If we don't act to enforce a breach of this Agreement that does not mean waiver of our right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership, registration, account or use of Services) to anyone.

You agree that we may assign this Agreement to others without your consent.

We reserve the right to amend, modify, remove and add the terms of this Agreement and we agree to abide by it retroactively. If you don't agree to these changes, you must stop using the Hellosaarthi App and the related Services.

All claims arising out of or relating to this Agreement or your relationship with us shall be governed by the Indian laws. You and we further agree to submit to the exclusive jurisdiction of the courts at Delhi.

19. ADDITIONAL TERMS / POLICIES

Access to Certain areas of the Hellosarthi App or other related services are subject to additional terms and policies. By using such areas or services, you agree to be bound by the applicable additional Terms

Use of the Hellosaarthi App or other related services may contain use of Google Maps, Geofensing, Tracking and you agree to be bound by the Terms of Use provided by provider of such service.

20. DOS
YOU AGREE THAT YOU WILL:
  • 1 . Comply with all applicable laws, including but not limited to, privacy laws, intellectual property laws, tax laws, and regulatory requirements;
  • 2 . Provide accurate information to us and
  • 3 . Keep your information updated;
  • 4 . Use your real name;
21. DON'TS.
YOU AGREE THAT YOU WILL NOT:
  • 1 . Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
  • 2 . Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field);
  • 3 . Create a false identity;
  • 4 . Misrepresent your current or previous positions and qualifications;
  • 5 . Create an account for anyone other than yourself (a real person);
  • 6 . Use or attempt to use another's account;
  • 7 . Harass, abuse or harm another person;
  • 8 . Send spam or other unwelcomed communications to others;
  • 9 . Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
  • 10 . Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
  • 11 . Violate any law; including patents, trademarks, trade secrets, copyrights or other proprietary rights;
  • 12 . Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,”;
  • 13 . Post anything that contains software viruses, worms, or any other harmful code;
  • 14 . Create profiles or provide content that promotes escort services or prostitution.
  • 15 . Creating or operate a pyramid scheme, fraud or other similar practice;
  • 16 . Copy, modify or create derivative works of Hellosaarthi application, the Services or any related technology (except as expressly authorized by us);
  • 17 . Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
  • 18 . Imply or state that you are affiliated with or endorsed by Hellosaarthi
  • 19 . Deep-link to our Services for any purpose other than to promote your profile
  • 20 . Monitor the Services' availability, performance or functionality for any competitive purpose;
  • 21 . Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  • 22 . Access the Services except through Hellosaarthi mobile applications interfact, linkedin.com and slideshare.net;
  • 23 . Override any security feature of the application;
COMPLAINTS REGARDING CONTENT

For any complaint visit the Hellosaarthi App Help Centre.

To contact in relation to the software or submit a support, request to ----link----