TERMS AND CONDITIONS OF SERVICE AND USE

  1. GENERAL
  2. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended by the Information Technology Act, 2000.
  3. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website ‘https://www.techtoserve.com’ (hereinafter referred to as the “Website”) which trading under the name and style of ‘Techs To Serve’ (hereinafter referred to as the “Company”), having office at  SJ Tower, Phase 2, Unit 41, Sailasree Vihar, CS Pur, Bhubaneswar, Khordha District, Odisha – 751021 where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
  1. For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
  1. The term ‘You’ &‘User’, shall mean any legal person or entity accessing or using, availing or rendering the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
  2. The terms ‘we’, ‘us’, ‘our’ shall mean the Website and/or the Company, as the context so requires.
  • The term ‘Services’ shall mean the business of providing a digital platform for search services through ‘website’, ‘telephone search’ thereby connecting entrepreneurs, merchants, businessmen with prospective customers for all engineering solutions.
  1. The terms ‘Party’ and ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.

 

  1. 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.
  2. The use of this Website by the User is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If You continue to access and use this Website, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature, and that expiry/termination of either one will lead to the termination of the other.
  3. 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 Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. 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 Website constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
  4. 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 User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Website and the Services.If the User does not adhere to the changes, You must stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms.
  1. REGISTRATION

 

Unregistered users shall be able to visit the Website to fully understand the scope of the Services. However, to fully avail the Services of the Website and use of it, a one-time registration is required to create a profile, for the User. You may access the Services by signing in as User by providing the following information which shall include but not be limited to full name, company name, email ID, mobile number, etc. This information is used to provide Users with important services and information that may be customised to their demographic, interests, professional lives, business requirements and desired experience.

Registration for this Website is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor and wish to use the Website as a User, You may do so through your legal guardian and the Company reserves the right to terminate your account on knowledge of you being a minor and having registered on the Website or availing any of its Services.

Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your User username and password, and any activity under the account shall be deemed to have been done by You. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account. You agree that you will not disclose your password to any third party, and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.

  1. SERVICE OVERVIEW

The Website provides a digital platform for search services through ‘website’, ‘telephone search’ hereby connecting entrepreneurs, merchants, businessmen with prospective customers for all engineering solutions. The business owners can list their services they provide by publishing, promoting pictures of their work, sharing their own social media links or conducting workshop or projects. The prospective customers will use the platform to search for the service providers in order to fulfill their requirements.

  1. ELIGIBILITY

The User represents and warrants that they are competent and eligible to enter into legally binding agreements and that they have the requisite authority to bind themselves to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Website if they are not competent to contract under the Indian Contract Act, 1872, or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

  1. CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by third parties (being the Users) and We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such Content. All the Content displayed on the Website is subject to copyright and shall not be reused by any party (or third party) without the prior written consent of the Company and the copyright owner.

The User is solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Website and whilst feedback and comments by Users shall be made via the Website, the Website bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Website. Further, the Website reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Website, 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. 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 Website. Users shall not copy, adapt, and modify any content without written permission of the Company.

 

  1. TERM

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 Website.

A User may terminate their use of the Website at any time. 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 Website at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.

It is also hereby declared that the Company may discontinue the Website without any prior notice.

  1. TERMINATION

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. The Website also reserves the universal right to deny access to particular Users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Website and/or other visitors to the Website. The Website reserves the right to limit, deny or create different access to the Website and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. The User 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.

8. COMMUNICATION

By using this Website, and providing his/her identity and contact information to the Company through the Website, the User hereby agrees and consents to receiving calls, auto-dialled and/or pre-recorded message calls, e-mails, and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Privacy Policy. In the event that the User wishes to stop receiving any such marketing, special offers or promotional calls/email messages/text messages, the User may unsubscribe via email [email protected] or [email protected] User agrees and acknowledges that it may take up to fifteen (15) business days for the Company to give effect to such a request by the User.

The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any of its affiliates/partners relating to any service availed of by the User on the Website or anything pursuant thereto and the User agrees to indemnify the Company from any and all harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Privacy Policy.

9.  CHARGES

Registration Charges

Registration on this Website is free for Users and this includes accessing the Website. However, the business owners can avail Subscription to the Services on a basic, premium, early bird , monthly or yearly plan and is chargeable.  We reserve the right to amend the charges for the services rendered.In case that happens, Users will be intimated of the same by changing the offers/pricing plans on the website, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Website.

 

Payment Methods

The Users acknowledge that one or more of the following modes of payment shall be accepted on the Web App:

  1. Through credit/debit cards
  2. Through Paypal
  3. Through third party payment gateways.
  4. Online Bank Transfer

The Users/s acknowledge that a minimum of one of the above payment methods shall be offered on the Website. The Users are solely responsible for the genuineness of credentials and payment information provided on the Website and the Website 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.

Further, the Website does not bear any liability for any activities, breaches, discrepancies or technical problems experienced by the Users whilst using any third-party payment gateway to make payments. The relationship between the Users and third-party payment gateway shall be governed by the Terms of Use and Privacy Policy of the said payment gateway, and the Website shall not be associated with any dispute arising therefrom.

  1. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

The User agrees and acknowledges that they are a restricted User of this Website, and that they:

  1. Agree to provide genuine credentials during the process of registration on the Website. You shall not use a fictitious identity to register.We are not liable if the User has provided incorrect information.
  2. Agree to ensure the email address, address and mobile number provided during account registration are valid at all times and shall keep your information accurate and up-to-date. The User can update their details anytime.
  3. Agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
  4. Understand and acknowledge that the data submitted is manually entered in to the database of the Website. 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 Website.
  5. Authorize the Website to use, store or otherwise process certain personal information and all published Content and User comments and reviews and ratings for marketing and promotional purposes, and for optimisation of User-related options and services..
  6. Understand and agree that, to the fullest extent permissible by law, the Website/Company and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the Website or from this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
  7. 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 Website. Any such use/limited use of the Website will only be allowed with the prior express written permission of the Company.
  8. Agree not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, 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 Website will lead to suspension or termination of the User’s access to the Website. The User acknowledges and agrees that by accessing or using the Website 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 Website.
  9. Expressly agree and acknowledge that the Content displayed on the Website 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 Website, at its sole discretion.
  10. The Website permits the User to post, or upload data/information as User comments, feedback or reviews, and the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked, at the sole discretion of the Company.

The User further undertakes not to:

  1. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
  2. Engage in any activity that interferes with or disrupts access to the Website or the Services provided therein (or the servers and networks which are connected to the Website);
  3. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
  4. 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 under any law, rule or regulation currently in force; 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;
  5. Post or share any image/file/data with the Company that infringes the copyright, patent or trademark of another person or legal entity;
  6. Post or share any image/file/data with any third-parties or other Users that contains confidential information from any other User or without the express prior knowledge and consent of the respective User;
  7. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
  8. Download any file belonging to another User of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
  9. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Website, or any other viewer of the Website, including any User account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
  10. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked platforms;
  11. Collect or store data about other Users of the Website without their express consent;
  12. Use the Website 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 Website or any other third party (ies);
  13. Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the Website;
  14. Violate any applicable laws, rules or regulations currently in force within or outside India;
  15. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
  16. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public Order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
  17. Publish, post, or disseminate information that is false, inaccurate or misleading;
  18. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  19. 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/Website;
  20. Engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other Users via the Website. It shall be a violation of these Terms to use any information obtained from the Website to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another User of the Website without the express prior written consent of the Company.

The User hereby expressly authorizes the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website 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/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.

  1. SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available to it, 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 Website, and/or refuse to usage of the Website to the User, without being required to provide the User with notice or cause:

  1. If the User is in breach any of these Terms or the Policy;
  2. If the User has provided wrong, inaccurate, incomplete or incorrect information;
  3. 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.
  1. INDEMNITY

You (the User) agree to indemnify, defend and hold harmless the Company/Website, its independent service providers and consultants, and their respective directors, officers, employees and agents (collectively, “Parties”), from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these terms of use. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with:

  1. Your use of the Website,
  2. Any Discussions or Messages you provide;
  3. Your violation of these Terms and Conditions;
  4. Your violation of any rights of another;
  5. Your alleged improper conduct pursuant to these Services;
  6. Your conduct in connection with the Website;
  7. Your internal disputes amongst other Users

You agree to fully cooperate in indemnifying us at your expense. You also agree not to reach a settlement with any party without our consent.

In no event shall the Company/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the services or materials contained therein.

  1. LIMITATION OF LIABILITY
  2. The Founders/ Promoters/ Associated people of the Website/Web App are not responsible for any consequences arising out of the following events:
    1. If the Websiteis inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
    2. if the User has fed incorrect information or data or for any deletion of data;
  • if there is undue delay or inability to communicate through email;
  1. if there is any deficiency or defect in the products/services managed by the Company or third-parties;
  2. If there is a failure in the functioning of any other service provided by the Website.
  1. The Website accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Website or any service availed of by the User through the Website. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Website will not be liable to you for the unavailability or failure of the Website.
  2. Users may be held legally responsible for damages suffered by other Users, the Website or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Website.
  3. Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
  4. The Website expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website and which is incurred by you in connection with the Website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
  5. To the fullest extent permitted by law, the Website shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.