USER’S TERMS OF USE
Welcome to Qonexxa! This document is published in accordance with the provisions of Rule 3 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 Qonexxa platform (hereinafter referred to as "Platform" and/or “Qonexxa” and
or “Qonexxa Platform).Your use of the Platform and its services and tools
are governed by the following terms and conditions ("Terms of Use/Terms of Service") as applicable to
Qonexxa including the applicable
policies which are incorporated herein by way of reference. By mere use of
Platform, the user shall be contracting with QONEXXA
VENTUREZ LLP (“Entity”) having its registered office at Silver Oak Camp, 352/353,
370/371 Gota Gam Ahmedabad, Gujarat 382481,
the owner of the Platform.
These terms and conditions including
the policies constitute the user’s binding obligations,
with Qonexxa.
When the user uses any of the services
provided by Qonexxa
through the Platform, including but not limited
to connecting and engaging with various entities/individuals for the purpose
of doing business globally, such user will/may
be subject to certain rules,
guidelines, policies, terms,
and conditions applicable to such service, and they shall be deemed to
be incorporated into this Terms of Use and shall be considered as part and
parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify,
add or remove portions of these Terms of Use, at
any time without any prior written notice
to the user. The user shall ensure
to review these Terms
of Use periodically for updates/changes. The user’s continued
use of the Platform following
the posting of changes
will mean that the user accepts and agrees to the revisions
as long as the user complies with these Terms of Use.
You/user
agree and understand that Qonexxa is an innovative online platform to Axplore,
Connect & Transact (ACT) Businesses Opportunities, specifically by the
Business Owners & Business Partners (Professionals/ Service Providers). While interacting with other Users on our site,
we strongly encourage
you to exercise reasonable diligence
as you would in traditional off line channels and practice
judgement.
You
understand that Qonexxa is a Business Opportunities marketplace where Clients
and Professionals can identify each other and advertise, buy, and sell
Professional Services online. Subject to the Terms of Service, Qonexxa
provides the Services
to Users, including
hosting and maintaining the
Platform, facilitating the formation of contracts.
Below we define capitalized terms that appear
in this Agreement
or other parts of the Terms
of Service.
a.
“Client” means any authorized User of the Platform or Services, to
seek or obtain Professional Services, including from another User.
b.
“Confidential Information” means any material
or information provided
to, or created by, a User to evaluate a project or the suitability of
another User for the project, or provided in connection with a project,
regardless of whether the information is in tangible, electronic, verbal, graphic, visual, or other
form. Confidential Information does not include material or information that:
(a) is generally known by third
parties as a result
of no act or omission
of Professional or Client; (b) was lawfully
received by User
without restriction from a third party having the right to disseminate
the information; (c) was already known by User prior to receiving it from the
other party and was not received from a third party in breach of that third
party’s obligations of confidentiality; or (d) was independently developed by User
without use of another person’s Confidential Information.
c.
“Fixed-Price Contract” means a Service Contract for which Client is
charged a fixed fee agreed between
a Client and a Professional, prior to the commencement of a Service Contract, for the completion of
all Professional Services contracted by Client for such Service Contract.
d.
“Hourly Contract” means a Service
Contract for which
Client is charged
based on the hourly rate charged by Professional.
e.
“Hourly Invoice” means the report of hours invoiced for a stated period by a
Professional for
Professional Services performed for a Client.
f.
“Intellectual
Property Rights” means all patent rights, copyright rights, mask work
rights, moral rights, rights of publicity, trademark, trade dress and service
mark rights, goodwill, trade secret rights and other intellectual property
rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, in each case, under the laws
of any state, country, territory or other jurisdiction.
g.
“Payment Method” means
a valid credit
card issued by a bank acceptable to Qonexxa, a bank account linked to your Account, a
PayPal account, a debit card, or such other method of payment as Qonexxa may accept from time to time in our sole discretion.
h.
“Project” means
an engagement for Professional Services
that a Professional provides to
a Client under a
Service Contract on the Platform.
i.
“Professional” means any authorized User of the Platform or Platform
Services, including Service Contract Services that utilizes the Platform to
advertise, provide, or receive payment for the provision
of Professional Services
to Clients, including Reseller Member Accounts and Professional Accounts
that are part of Reseller
Accounts.
j.
“Professional Fees” means: (a) for an Hourly Contract, the amount
reflected in the Hourly Invoice (the number of hours invoiced
by Professional, multiplied by the hourly rate charged by Professional); (b)
for a Fixed-Price Contract, the fixed fee agreed between a Client and a
Professional; and (c) any bonuses or other payments made by a Client to a Professional.
k.
“Professional Services” means all services
performed for or delivered to Clients by
Professionals.
l.
“Qonexxa Platform/Platform” means any Websites/Mobile Application
under Qonexxa’s control, whether partial or otherwise (including, without
limitation the Website from which these terms of use were accessed from) and
include the Qonexxa Services. The term "Qonexxa", "We", "Us", "Our" shall mean Entity
and its affiliates.
m.
“Reseller” means
an individual who has been
assigned as a designated individual for the purposes of
marketing, branding and operating the Platform of Qonexxa as may be mutually
agreed upon between Qonexxa and the Reseller by way of a separate arrangement.
n.
“Service Contract” means,
as applicable the contractual provisions between a Client
and a Professional governing the Professional Services
to be performed by a Professional for Client for a Project.
o.
“Users”
include anyone who visits and/or registers and/or uses the website/mobile
application or uses the services provided. For the purpose of these Terms of
Use, wherever the context so requires "You/you" or "User"
shall mean any natural or legal person.
p.
“User Content”
means any comments, remarks, data, feedback, content, text, photographs, images,
video, or other
content or information that you or User post to any part of the Site or provide to
Qonexxa, including such content or information that is posted as a result of questions.
q.
“Work Product” means any tangible
or intangible results
or deliverables that
Professional
agrees to create for, or actually delivers to, Client as a result of performing
the Professional Services, including, but not limited to,
configurations, computer programs, or other information, or customized
hardware, and any intellectual property developed in connection therewith.
You are required to register an account to have complete access to
our services and your registration is subject to our approval.
You must register for an account with us (“Account”) to access and use certain portions of our Services.
Qonexxa states that the registration of an account shall be succeeded by an
option being granted to You to be subscribing to any of the pre-defined
plans/subscription models thereby enabling a User to utilize the services of
the Platform. That, the services as available/made to be available by a User is
dependent on which model has the User subscribed to which may also include
certain restrictions/limitations on usage of the Platform. Your Account registration is subject to approval by Qonexxa. We reserve the right to decline a registration either to join Qonexxa or
to add an Account of any type, for any lawful reason, including supply
and demand, cost to maintain
data, or other business considerations.
Qonexxa acts as an intermediary platform for User to negotiate and
interact with other User for
entering into negotiations. We offer a Business Opportunity marketplace, an
online platform for Users to find and connect
with each other.
We are not involved directly
in your negotiations or in
performance of Professional Services and are not a party to any of the
agreements. You are solely responsible for the content
published on the Platform and for all such agreements so entered with other
Users, including vetting each other and performance under the agreements.
Qonexxa offers a platform that enables Users to find one another,
enter into service relationships and agreements, receive and provide
Professional Services. It must be noted that Qonexxa neither performs nor employs
individuals to perform Professional Services. You acknowledge and agree that Qonexxa does not supervise, direct, control, or monitor Users in
the performance of any contractual obligations they may have under
a Service Contract
agree that:
·
Qonexxa is not responsible for ensuring the accuracy or legality of any User Content,
for which Users are solely responsible;
·
Qonexxa is not responsible for the offering,
performance, or procurement of Professional Services,
· Qonexxa does not make any representations about or guarantee any particular User’s
offered
services, and
·
Nothing will create an employment,
Reseller, or joint venture relationship between Qonexxa and any User offering services. While Qonexxa may provide certain
badges on Professional or Client profiles, such badges are not guarantees, including of quality or ability or willingness of the
badged Professional or Client to complete a Service Contract.
You further
acknowledge and agree that Users,
and not Qonexxa,
are solely responsible for –
· Evaluating and determining the suitability of any Project,
Client, or Professional;
·
Assessing whether to enter into a Service Contract
or any other contracts with another
User and for verifying any information about another User, including Composite
Information;
·
Negotiating, agreeing to, and executing any terms or conditions of the contracts and for performing and monitoring performance under them. All
Service Contracts between Users are directly between the Users and Qonexxa is
not a party to those contracts.
If you are a Reseller, you expressly acknowledge and agree that,
in addition to the provisions above, the Reseller is solely responsible for paying its Reseller members
(persons deployed by the
Reseller for marketing, branding and operating the Platform in the said territory where
the Reseller holds the right of) for the work performed on the behalf of the Reseller.
Nothing in this Agreement is intended to or does prohibit or
discourage any User from engaging in any other business
activities or providing any services through
any other channels they choose, provided, if applicable.
Qonexxa hereby grants
You a non-exclusive, revocable license
to use the Platform as set forth in the Terms of Use; provided,
however, that (i) you will not copy, distribute, or make derivative works of the Platform in any medium
without Qonexxa’s prior
written consent; (ii) You will not alter or modify any
part of the Platform other than as may be reasonably necessary to use the Platform for its intended
purposes; and (iii) You will otherwise act in
accordance with the terms and conditions of the Terms of Use and in accordance
with all applicable laws.
Use of the Qonexxa Platform is available only to persons who can
form a legally binding contract under the Indian Contract
Act, 1872. Users represent and warrant that they have the
right to avail or use the services
provided by the Platform. The Services can only
be availed by those individuals or business
entities, including sole proprietorship firms, companies and partnerships, which are authorized under applicable law to form legally binding
agreements. As such, natural
persons below 18 years of age and business entities
or organization’s that are
not authorized by law to operate in India or other countries are not authorized to avail or use
our Services. You promise to use our services for business purposes
only.
Qonexxa offers the services for your business purposes only and not
for personal or consumer use. By registering for an Account
or by using our services,
you represent that you:
(a) are doing business under your own name as a self-employed individual/sole proprietor or are an agent of an independent
business (such as a corporation, limited liability Entity, or other entity);
(b) will use our services for business purposes only; (c) will comply with any
licensing, registration, or other requirements with respect to your business, or the business for which
you are acting,
and any offering or provision of Professional Services; and (d) are either
a legal entity or an individual who is at least 18 years old (or the age of majority
in your country if the age of majority is over 18), and that you can form legally
binding contracts.
Qonexxa is not responsible for the confidentiality of the User’s
Display Name and Password
and User shall be responsible for all activities that occur under their Display
Name and Password. By merely
visiting the Qonexxa
Platform or using
the Platform, You agree that if
any information provided by you is untrue, inaccurate, not current or
incomplete, Qonexxa shall have the right to indefinitely suspend
or terminate or block access
of your account
on the Platform. In case of
any unauthorized use/breach of your password or account, you agree to
immediately notify Qonexxa and ensure that you exit from your account at the
end of each session.
To register for an account to use our services, you must complete a
User profile (“Profile”), which you consent to be shown to other Users partially and, unless you change your privacy
settings, to be shown to the public.
The User understands that the Platform
enables the User to register
for two types of accounts; One being the FREE version and
another is the PAID Version. Further, it is understood that on the basis of the version/type of the account as chosen by the User, he/she
shall be able to utilize the services of the Platform. Moreover, the User
understands that the control of the display
of the names of the User shall
be on the discretion of the Platform. It is understood by the User that the display
of the names on the Platform shall be on the basis
of the type of the account chosen and shall change as per the status of the User. The User may at the maximum hide or delete their
account from the Platform as per their discretion.
The User herein
agrees and acknowledges that once the User avails
the PAID version,
the fees with regards to the
service of Qonexxa so paid to the Platform shall not be refunded by Qonexxa at
any point. Further, should there arise any technical error/glitch and/or double
payments, the same shall be verified with the respective payment gateway and upon their confirmation, the payment so made erroneously may be
refunded to the User. However, Qonexxa holds no responsibility should there
arise any grievance/concern with respect to any third-party payment gateways.
Such concerns shall be directly resolved with the concerned payment gateway only, at the most Qonexxa may assist in
liaison with the Payment Gateway for resolving such issues.
The User understands that although we periodically check the accuracy of
email ids and mobile numbers of our platform User’s (Members) once in a year,
you agree and acknowledge that in case of any non-connectivity of email and
mobile numbers of the User’s (Members), Qonexxa shall not be liable to refund
the payment to the User, as the User’s (Members) stands verified in the
Platform’s systems with their e-mail addresses & mobile number only.
You agree and acknowledge that you shall not create any duplicate accounts on the Platform.
If any User is found to be using duplicate accounts, legal actions may be
initiated by the Qonexxa. You must provide accurate personal information when
you sign up and you must update your account if your personal information changes.
You agree to keep that information current.
You agree not to provide
any false or misleading
information about your identity or location, your business, the beneficial
owner(s) of your business, your skills, or the services your business provides,
and you agree to correct any information that is or becomes false or
misleading. We reserve the right to suspend or terminate the account, or access to our Services, of anyone who provides false,
inaccurate, or incomplete information in creating, marketing, or maintaining a Profile or an account.
Qonexxa offers its Users three types of accounts (“Account Types”):
a.
Business Owner (intended for a Client)
b.
Business Partner (intended for a Professional)
c.
Reseller
Once you register for an Account,
you can add Account Types
without re-registering. You herein
agree to register for only one Account
that requires a unique log in. You shall never share your log in credentials with any party
whatsoever. It shall be noted by the User herein that once you register for your Account
(only one per User), and if required you may add another
Account Types under the different username and password, with a
new email id and a new mobile number. You agree
not to register for or maintain more than one
Business Owner or Business Partner or Reseller Account (or Profile) without express written permission from us. For Example, User ABC may have one Account as Business
Owner, and another account as a Business Partner. At any point of time, User
ABC should not have a Second Business Owner Account or Second Business Partner
account, at the most, he may sign up for a one Reseller account.
If
you create an Account as an employee or agent on behalf of a company/organization,
you represent and warrant that you are authorized to enter into binding
contracts, including the Terms of Service,
on behalf of yourself and such
company/organization. More than one person cannot create an Account as an employee
or agent on behalf of the same company/organization.
Duplicate accounts in case of Company’s shall be reviewed by QONEXXA
Management, and shall be deleted from the system.
You can register for an Account or add an Account Type to use the
Services as a Business Owner/Client (a
“Client Account”). Client Account Types have a feature that allows the
account owner to give permissions to one User (“Team Member”) to act on behalf of the Client Account.
You can register for an Account or add an Account Type to use the
Services as a Business Partner/Professional (a “Professional Account”).
Further, a specific type of Professional Account that you may add is
a “Reseller Account”, which is
referred to as a “Reseller”. Reseller Account Types have a feature that allows
the Reseller owner to give permissions to other User (“Reseller Member”) to act on behalf of the Reseller. Each Reseller Member must have their own
Account to be added as a Reseller Member on the Reseller Account.
You acknowledge and agree that the Reseller Account owner is solely
responsible, and assumes all liability, for: (a) the classification of your
Reseller Member as employees or independent
contractors; and (b) paying your Reseller Members
in accordance with applicable
law or contract for work performed on behalf of the Reseller for Projects. You
further acknowledge and agree that (i) the Reseller may determine the Profile
visibility and pricing/rate information of any of its Reseller
Members; and (ii) Reseller Members’
Profiles may display work history that includes work done under
the Reseller Account,
including after the Reseller
Member is no longer a Reseller Member.
You are responsible for all the activities on your Account.
You agree not to request
or allow another person
to create an Account for you, your use, or your benefit,
except that authorized employees or agents may create
an Account on behalf of your business. By granting other Users permissions under your Account, including as a Team Member
or Reseller Member,
you represent that: (a) the User is authorized to act on your behalf;
and (b) you are fully responsible and liable for what the User does and does
not do, including with respect to making payments and entering into Service Contracts
and the Terms of Service.
If any User granted permissions under your Account violates the Terms
of Service, it may affect your ability to use our Services. When an Account is
closed, Qonexxa may close any related Accounts as well.
You will allow
us to verify your identity, location, and business affiliations from time
to time. When you register for an Account
and periodically thereafter, your Account will be subject
to verification, including but not limited to validation against
third-party databases or the verification of one or more official government or legal documents that confirm your identity,
your location, and your ability to act on behalf of your business on Qonexxa.
You authorize Qonexxa, directly or
through third parties, to make any inquiries necessary to validate your
identity, your location, and confirm your ownership of your business, email
address or financial accounts, subject
to applicable law.
When requested, you must timely
provide us with complete information about yourself
and your business, which includes providing official government or legal documents, and cooperating with other reasonable requests we make to
verify your identity. During verification some Account features may be temporarily limited but will be
restored if verification is successfully completed.
Users agree to pay Qonexxa
relevant fees in exchange for Qonexxa providing the services and further agree that Qonexxa
may collect certain
taxes as applicable.
The User after
having chosen the subscription model
most relevant to such User may proceed further towards the payment page
wherein the Platform shall direct the User to a payment gateway page on which the User will have to enter the relevant
details as sought
for amongst the different
payment modes and make the payment so as to avail the subscription as decided
by the User. That, Qonexxa further states that should the User face any
difficulty in processing the payment
including but not limited to account having
been debited but service not being rendered, the said issue(s)
may be addressed to us on contact@qonexxa.com.
Qonexxa may be required by applicable law to collect
taxes and/or statutory levies, including
income tax or VAT (which some jurisdictions refer to as GST or local sales
taxes). These collection requirements and rates may change based on the changes
in the law in your area. Any amounts Qonexxa is required to collect or withhold
for the payment of any such taxes shall be collected
in addition to the fees owed to Qonexxa under the terms of service.
Please review our Privacy Policy,
which also governs
your visit to the Platform, to understand our
practices. The personal information/data provided by you during the course of
usage of the Platform will be treated
as strictly confidential and in accordance with the Privacy
Policy and applicable laws and regulations. Qonexxa shall be entitled to use the content or any of its
elements for any type of use forever,
including but not limited to promotional and advertising
purposes and in any media whether now known or hereafter devised,
including the creation
of derivative works that may include
the content You provide. If you object to your information
being transferred or used, PLEASE DO NOT
USE THE PLATFORM.
By using Qonexxa, you agree to the collection, transfer, storage and
use of any personal information provided by you on the Platform
by the Entity. The data is stored
and controlled on servers by
the Platform as further described in our Privacy Policy. You also agree to
receive marketing communications from us unless
you specifically indicate
otherwise in
writing to us at contact@qonexxa.com
or Unsubscribing from such mailers. You may also send questions about this
Terms of Use to contact@qonexxa.com.
You further agree that Qonexxa may use information shared by you to
provide customer services and to understand if any other services or advertisement listed
on the Platform interests you. You
agree that, we may share personally identifiable data of any individual to our agents
or recruiters or Affiliates defined as any person directly
or indirectly controlling, controlled by, or
under direct or indirect common control with, Qonexxa, including its
subsidiaries and associate companies.
You agree to inform us if you come across
any listing or posting that is offensive or violates our Privacy
Policy or Terms
of Use or infringes any intellectual property
rights by clicking
on Report/Flag Button to enable us to keep the Platform
working efficiently and in a safe
manner. We reserve the right to take down any posting, listing
or information and or limit or
terminate our services and further
take all reasonable technical and legal steps to prevent the misuse of the Platform
in keeping with the letter
and spirit of this Terms of Use and the listing
policy. In the event you encounter any problems with the use of our site or
services you are further requested to report the problem by clicking on contact@qonexxa.com.
The Users acknowledge and agree that Users publish
and request Qonexxa
to publish on their
behalf information on the Platform such as feedback, composite feedback, or
geographical location. Such information is based on data that Professionals or Clients voluntarily submit to Qonexxa and
does not constitute an introduction, endorsement, or recommendation by Qonexxa.
You agree that Qonexxa is not responsible for verifying such information and
provides it solely for the convenience of Users; however, providing false or
misleading information violates the Terms of Use and may result
in revocation of your access
to use the Platform.
You acknowledge and agree that User feedback benefits the
marketplace and its Users, and you specifically request
and agree that Qonexxa may make available to other Users
individual and composite feedback about Users, including you. You
acknowledge and agree that any User Content highlighted by Qonexxa on the
Platform or otherwise (“Composite Information”), may include User comments, User ratings, indicators of User satisfaction, and other feedback left by other Users. Qonexxa is not
responsible for monitoring, influencing,
contributing to or censoring these opinions. You agree to notify
Qonexxa of any error or inaccurate statement in your feedback
results, including the Composite Information, and you agree that
Qonexxa may rely on the accuracy of such information. Qonexxa provides its
feedback system as a means for Users to share
their working experiences with and opinions
of other Users publicly, and you acknowledge and agree that posted
composite or compiled feedback and any other Composite
Information relates only to the business advertised in the Profile and not to any individual person. You agree
not to use the Composite Information to make any employment, credit,
credit valuation, underwriting, or other similar
decision about any other User.
By using the Services, you may encounter content or information that
might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful.
Qonexxa generally does not
review or monitor User Content. You agree that we are not responsible for User
Content. We cannot always prevent
the misuse of our Services, and you agree that we are not responsible for any such misuse.
Qonexxa reserves the right (but is under no obligation) to remove posted
feedback or information that Qonexxa determines violates the Terms of Service or negatively affects
our marketplace, diminishes the integrity of the feedback
system or otherwise is inconsistent with the business interests of Qonexxa.
a.
Users, not Qonexxa, are responsible for deciding whether
to enter into agreements with other Users and for determining the terms of such agreements as well.
b.
If a Client and a Professional
decide to enter into a Service Contract, the contract is a contractual relationship directly between the Client and the
Professional; Qonexxa is neither responsible for nor is a party to any Service
Contract and under no circumstances will any such contract
create an employment or any service
relationship and/or create any rights, liabilities and obligations between
Qonexxa and any User.
c.
With respect to any Service
Contract, Clients and Professionals may enter into any agreements that they deem appropriate, provided
that those agreements do not conflict with, narrow, or expand
Qonexxa’s rights and obligations under
the Terms of Service.
Prior to entering into a Service Contract, you agree to communicate
with other Users exclusively through Qonexxa.
Users agree to use the communication services available on the
Platform to communicate with other Users prior to entering into a Service
Contract. You agree that prior to entering into a Service Contract, you (a)
will use Qonexxa as the sole manner to communicate with other Users;
(b) will not provide your Means of Direct Contact
(defined below) to any other User or another person
that you identified or were identified by through the Platform; (c) will
not use Means of Direct Contact of another user to attempt to or to communicate
with, solicit, contact, or find the contact information of a User outside of Qonexxa; (d) will not ask
for, provide, or attempt to identify through
public means the contact information of another User; and (e) will not include
any Means of Direct Contact
or means by which your contact
information could be discovered in any profile,
proposal, job posting,
invitation, or pre-hire communication through the Site’s
communications services (including in each case in any attached file), except
as otherwise provided on the Site.
For purposes of the Terms of Service, “Means of Direct Contact”
means any information that would allow one User to contact and other User
directly, including, without limitation, phone number, email address, physical
address, a link to a contact form or form requesting contact information, any
link to an applicant management system or means to submit a proposal or application outside
of the Platform, or any information that would enable
a User to contact another
User on social media or other website or platform or application that includes
a communications tool, including but not limited to Skype, Slack, We chat, or
Facebook. Information is a Means of Direct Contact if it would enable another
User to identify any of the information above through other sources, such as going to a website that included an email address
or identifying you through social
media.
You acknowledge and agree that a violation
of this clause
is a material breach of the Terms of
Service and your Account may be permanently suspended for such violations.
You agree to make and keep all the required
records. You are solely responsible for creation,
storage, and backup of your business records. You agree that Qonexxa has no
obligation to store, maintain or provide you a copy of any content or information that you provide,
except to the extent required by applicable law.
We are not responsible for the quality,
safety, or reliability of our services.
Qonexxa and its affiliates make no representation or
warranty about the services, including that the services
will be uninterrupted or error-free, and provide the services
(including content and information) on an “as is” and “as available” basis. To
the maximum extent permitted by applicable
law, Qonexxa and its affiliates disclaim any implied
or statutory warranty, including any implied warranty
of title, accuracy
of data, non-infringement, merchantability or fitness for a particular purpose.
Qonexxa is not liable, and you agree not to hold us responsible, for
any damages or losses arising out of or in connection with the Terms of
Service, including, but not limited to: (i) your use of or your inability to
use our Platform; (ii) delays or disruptions in Platform; (iii) viruses or
other malicious software obtained by accessing, or linking to, our Platform;
(iv) glitches, bugs, errors, or inaccuracies of any kind in our Platform; (v)
damage to your hardware device from the use of the Platform; (vi) the content,
actions, or inactions
of third parties’ use of the
Platform; (vii) a suspension or other action taken with respect to your
Account; (viii) your reliance on the quality,
accuracy, or reliability of job postings, Profiles, ratings, recommendations, and feedback (including
their content, order, and display), Composite Information, or metrics found on,
used on, or made available through the Platform; and (ix) your need to modify
practices, content, or behaviour or your loss of or inability to do business,
as a result of changes
to the Terms of Service.
Additionally, in no event will Qonexxa, our affiliates, our licensors, or our third-party service providers be liable
for any special,
consequential, incidental, punitive,
exemplary, or indirect costs or damages, including, but not limited
to, litigation costs,
installation and removal
costs, or loss of data, production, profit, or business opportunities.
The liability of Qonexxa, our affiliates, our licensors, and our third-party service providers to any User
for any claim
arising out of or in connection with this Agreement
or the other Terms of Service will not exceed
the lesser of: (a) Indian Rupee
One only (INR 1/- ONLY) or (b) any fees retained by Qonexxa with respect to service
contracts on which User was involved as Client or Professional during
the six-month period preceding the date of the claim.
These limitations will apply to any liability, arising from any cause of action whatsoever arising out of or in connection with this Agreement or the
other Terms of Service, whether in contract,
tort (including negligence), strict liability, or otherwise, even if Qonexxa
has been advised of the possibility of such costs or damages
and even if the limited
remedies provided herein fail
of their essential purpose.
You agree not to hold Qonexxa responsible for any dispute that you may have with another User. In recognition of the fact
that Qonexxa is not a party to any contract between Users, you hereby release
Qonexxa, our other Affiliates, and our respective officers, partners,
directors, agents, subsidiaries, joint ventures, employees and service providers
from claims, demands, and
damages (actual and consequential) of every kind and nature, known and unknown,
arising out of or in any way connected with any dispute you have with another
User, whether it be at law or in equity
that exist as of the time you enter into this Agreement. This release includes, for
example and without limitation, any disputes regarding the performance, functions,
and quality of the Professional Services provided to Client by a Professional
and requests for refunds based upon disputes.
You will indemnify, defend, and hold harmless Qonexxa, our other
Affiliates, and our respective directors, partners, officers, employees,
representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below)
and Indemnified Liabilities (defined below) relating to
or arising out of: (a) your or your agents’ use of the services, including any
payment obligations or default incurred through use of the services; (b) any
Work Product or User Content related to your use of the Services; (c) any
Service Contract entered into by you or your agents, including, but not limited
to, the classification of a Professional as an independent contractor, any employment-related claims;
(d) your or your
agents’ failure to comply with the Terms
of Service; (e) you or your agents’
failure to comply with applicable law; (f) negligence, willful
misconduct, or fraud
by you or your agents;
and (g) you or your agents’
violation of any third-party right,
including without limitation any right of privacy, publicity rights or
Intellectual Property Rights. For purposes of this clause, your agents include
any person who has apparent authority to access or use your account
demonstrated by using your username and password.
“Indemnified Claim” means
any and all claims, damages, liabilities, costs, losses,
and expenses (including attorneys’ fees) arising from or relating
to any claim, suit, proceeding, demand, or action brought
by you or a third party or other User against an Indemnified Party.
“Indemnified Liability” means any and all claims, damages,
liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related
costs and expenses) arising from or relating
to any claim, suit, proceeding, demand, or action
brought by an Indemnified Party against you or a third party or
other User.
The Platform does not promote the concept of
Moonlighting & therefore shall not be responsible for any losses, either
personal or professional due to the same.
These Terms will remain in full force and effect while You are a
User of the Platform. Qonexxa reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your user content from
the Qonexxa Platform and immediate termination of Your registration with or ability
to access the Qonexxa platforms and/or any other services provided to You by
Qonexxa, upon any breach by You of these Terms or if Qonexxa is unable to
verify or authenticate any information You submit towards Qonexxa registration.
Even after You are no longer a User of the Qonexxa, Terms of use of these Terms
& Conditions will remain in effect, including any other reasonable term
that the Qonexxa may think fit.
Unless both the User and Qonexxa expressly
agree otherwise in writing, either
of the parties may terminate this Agreement in their sole discretion at any time,
without explanation, upon written notice to the other, which
will result in the termination of the Terms of Service. You may
provide written notice
to legal@qonexxa.com. You agree that Qonexxa is not a party to any Service Contract between the
Users. Consequently, the User understands and acknowledges that termination of
this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact
any Service Contract
or project entered into between
Users.
Without limiting Qonexxa’s other rights or remedies, we may revoke
or limit access to the services, deny your registration, or revoke your access to the Platform
and refuse to provide
any or all services to you if: (i) you breach any terms and conditions of this Agreement; (ii) we have reasonable reason to believe
that you have provided false or misleading information to us;
(iii) we conclude that your actions may cause legal liability for you or
others; may be contrary to the interests of the Platform
or the User community; or may involve
illicit or illegal activity; or (iv) we are required
to by law, legal process,
or law enforcement. If your Account is temporarily or permanently closed,
you may not use the Platform under the same Account or a different Account
or re-register for a new Account without
Qonexxa’s prior written
consent. If you attempt
to use the Platform under a different Account, we reserve
the right to reclaim
available funds in that Account and/or use an available Payment Method to pay
for any amounts owed by you to the extent permitted by applicable law.
You acknowledge and agree that the value,
reputation, and goodwill
of the Platform depends on
transparency of Users’ Account status to all Users, including you and other
Users who have entered into Service Contracts
with you. You therefore agree that: if Qonexxa decides
to temporarily or permanently close your account, Qonexxa has the right
(but no obligation) where allowed by law to: (y) notify
other users that have entered
into Service Contracts
with you of your closed account
status, and (z) provide those users with a summary
of the reasons for your account
closure. You agree
that Qonexxa will
have no liability arising from or relating
to any notice that it may or may not provide to any user regarding closed
account status or the reason(s) for the closure.
a.
Users agree to keep other Users’
confidential information a secret. Users
may agree to any
terms they deem appropriate with respect to confidentiality. If Users do not agree to their own confidentiality terms, this clause (Confidential Information) applies.
b. To the extent a User provides
Confidential Information to another User, the recipient
will take reasonable steps to keep that information confidential. On a
User’s written request, the party that received Confidential Information will
promptly destroy or return the disclosing party’s Confidential Information and
any copies of it contained in or on its premises, systems, or any other equipment
otherwise under its control. Users specifically
agree that this clause applies
to information exchanged
for purposes relating
to evaluating whether to enter into a Service
Contract, even if such contract
is never agreed
to.
c. Classification
as between Client and Professional, and nothing in this Agreement is intended
to or should be construed to create a partnership, joint venture,
franchisor/franchisee or employer-employee relationship between Qonexxa
and a User.
a.
Qonexxa is not and cannot
be a party to or control in any manner
any transaction between the Qonexxa Users and the contract
shall be a strictly bipartite contract amongst the Users
only. Qonexxa have no obligations or liabilities in respect of such contract.
Qonexxa merely facilitates the engagement of its Users and provides such other
services as are incidental and ancillary thereto. However, Qonexxa reserves the
right to terminate the services offered at any time to the Users without any notice.
b.
Qonexxa does not have any control
or does not determine or advise or in any way involve itself in the offering or
acceptance of such commercial/contractual terms between the Users.
c. Qonexxa
is not responsible for any non-performance or breach of any contract entered
into between Users. Qonexxa cannot and does not guarantee
that the concerned
Users will perform any
transaction concluded on the Platform.
a.
You agree that you are the lawful
owner having all rights, title and interest in your information, and further
agree that you are solely responsible and accountable for your Information and that we act as a mere platform for your online
distribution and publication of your Information.
b. You
may use Information purposely made available on the Platform for downloading,
provided that You do not remove any proprietary notice language in all copies
of such documents, use such information only for your personal, non-commercial
informational purpose and do not copy or post such information on any networked
computer or broadcast it in any media, make no modifications to any such
information, and do not make any additional representations or warranties relating to such documents.
c. You must not use the Platform
in any way that causes,
or is likely to cause,
the website or access to it to be interrupted,
damaged or impaired in any way. You understand that you, and not Qonexxa, is responsible for all electronic
communications and content sent from your computer to us and you must use the website for lawful purposes
only.
d. You
must not use the Platform for any fraudulent purposes, or in connection with a
criminal offense or other unlawful activity or actions which are deceptive,
misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic,
paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright,
trademark, confidentiality, privacy or any other proprietary information or
right; or is otherwise injurious to third parties; or relates to or promotes
money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens
the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists
of or contains software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings or any "spam” to cause annoyance, inconvenience or needless
anxiety.
e.
You shall not violate any law for the time being in force;
f.
You shall not deceive or mislead
the addressee about the origin of the message or knowingly and intentionally
communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.
All trademarks copyright, trademark, patent, and/or other
proprietary rights and laws and service marks with respect to the services are
owned by the Entity. The trade names, trademarks and service marks owned by the Entity,
whether registered or unregistered, shall not
be used in connection with any product
or service that doesn’t belong
to the Entity, in any manner that is likely to cause
confusion. Nothing contained on the Platform should be construed as granting,
by implication, estoppels or otherwise, any license or right to use Entity’s
trade names, trademarks or service marks without the express prior written
consent of the Entity.
The User understands that the Entity is the sole owner
and the lawful
licensee of all the rights to the Platform and its content
("Platform Content").
Platform Content means the design, layout, text, images, graphics, sound, video
etc. of or made available on the Platform. The Platform Content embodies trade
secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property.
All title, ownership and intellectual property
rights in the Platform and the Platform
Content shall remain with the Entity,
its affiliates or licensors of the Platform
content, as the case may be.
The Information is provided “as is” with no guarantee
of completeness, accuracy,
timeliness or of the results obtained
from the use of the Information, and without warranty
of any kind, express or implied, including, but not limited to
warranties of performance, merchantability
and fitness for a particular purpose. Nothing contained in the Agreement shall
to any extent substitute for the independent investigations and the sound
technical and business judgment of
the User. In no event shall the Platform be liable for any direct, indirect,
incidental, punitive, or consequential damages of any kind whatsoever with respect to its Services.
User hereby acknowledges that any reliance upon the Information shall be
at their sole risk.
At times Qonexxa may tie-up with third parties, brand owners or
other partners and make available certain offers,
events or special
schemes. In such
instances, your Information may be shared with such third parties and/or
may become available
to them or be disclosed to them, such third
parties may have their own applicable privacy
rules and Qonexxa
shall not be liable
for the use or misuse of your information by such third parties.
Qonexxa only collects your personal Information to conduct their business and
to enable us to deliver and improve our services. Qonexxa do not for any reason whatsoever sell your correspondence Information to any
third party or otherwise trade on it.
All text, graphics, user interfaces, visual
interfaces, photographs, trademarks, logos, sounds, music
and artwork (“Content”) is a third-party user generated content and Qonexxa has
no control over such third-party user generated
content as Qonexxa
is merely an intermediary for the
purposes of this Terms of Use. Such Content will become our property and You grant Us
the worldwide, perpetual and transferable rights in such Content.
Any web sites
that are accessible via links included
within the Qonexxa
Platform that take
you out of the platforms are not under Qonexxa’s control and the
Platform shall not be responsible for the content, products
or services of any linked
website. All such websites shall be
subject to the policies and procedures of the owner of such websites. We encourage you to
read those policies and know your rights
under any website
you visit.
Any event beyond the reasonable control of the Parties, and which is
unavoidable notwithstanding the reasonable care of the party affected,
and shall include
but not limited
to war, insurrection, riot, civil unrest, sabotage, boycott, embargo,
explosion, fire, earthquake, flood, unavoidable accident, epidemic, act of God,
action or inaction of any governmental official or agency (civil
or military) and refusal of any licenses
or permits, if properly applied for. If any Party is prevented
from or delayed in performing any of its obligations under this
Agreement by an event of Force Majeure, then it shall notify the other in
writing of the occurrence of such event and the circumstances thereof within
Fifteen (15) days after the occurrence of such event. The Party who has given
such notice shall be excused from the performance or punctual performance of
its obligations under this Agreement for so long as the relevant event
of Force Majeure
continues and to the extent
that such Party’s
performance is prevented or delayed. The occurrence of any event of Force
Majeure affecting either party
shall not give rise to any claim for damages or additional costs and expenses
suffered or incurred by reason of Force Majeure.
Any dispute, controversy or claims arising
out of or relating to this Agreement or the breach, termination or invalidity thereof,
shall be settled
by Arbitration in accordance with the
provisions of the Indian Arbitration and Conciliation Act,
1996. The Arbitral
Tribunal shall be composed of one Arbitrator appointed
by the Entity. The place of Arbitration shall be at Ahmedabad, Gujarat.
The Arbitral procedure shall be conducted in English language
and the award/s shall be
rendered in English. The procedural Law of the Arbitration shall be Indian Law.
The award of the Arbitral Tribunal shall be final, conclusive and binding upon
the Parties, and the provisions of the Arbitration and Conciliation Act, 1996
shall apply. The rights and obligations of the Parties under, or pursuant to,
this Clause, including the Arbitration Agreement in this Clause,
shall be governed
by and be subject to Indian Law, and
the Agreement shall be subject to the exclusive Jurisdiction of the Courts at
Ahmedabad, Gujarat.
32. ENTIRETY
This entire agreement between the Parties shall supersede all prior
agreements and understandings, if any, relating to the subject matter of this
Agreement.
33. ALTERATION OR AMENDMENTS TO THE
TERMS & CONDITIONS
Qonexxa
reserves the right to make changes to the policies, and these terms &
conditions at any time. You will be
subject to the policies and terms & conditions in force at the time, unless
any change to those policies or these conditions is required to be made by Law or Government authority. If any of
these conditions is deemed invalid, void, or for any reason unenforceable, that
condition will be deemed severable and will not affect the validity and
enforceability of any remaining condition.
34. CONTACT
User may contact the Entity in case of any queries/claims relating to the Platform or services provided by
Qonexxa by sending an e-mail on support@qonexxa.com. Qonexxa platform and one of our team members
will revert within
4-5 working days
to assist you in resolving the issue.
_____________
© 2023 QONEXXA. All rights reserved.
