This document is an electronic record in terms of the Indian Contract Act 1872; the Information Technology Act 2000, the rules made thereunder; and the amended provisions pertaining to the electronic records in various other statutes as amended by the Information Technology Act, 2000.
This electronic record is generated by a computer system and does not require any physical or digital signatures.
This website www.xpertflix.com is a property of and operated by Seeknow Knowledge Services
Private Limited, a private limited company registered under the Companies Act, 2013 and having
its registered office at A- 1004, Orchid Divine, Nr. Gala Aria, Village Bopal (CT), Taluka Daskroi,
Ahmedabad, Ahmedabad, Gujarat, India (the “Company” or “Xpertflix”). By accessing any version
of the website www.xpertflix.com (“Website”) or by using any facilities or services made available
through it or by transacting through or on it, you acknowledge that you have read, understood and
agree to be bound by these Terms and Conditions (“Terms & Conditions” or “Terms”) and our
acceptance to the Terms & Conditions. For the purpose of these Terms & Conditions, “we” “our”
or “us” shall mean the Seeknow Knowledge Services Private Limited and / or third-party service
providers engaged by Seeknow Knowledge Services Private Limited and “you” “your” or “user” shall mean a user of this Website.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS SET OUT HEREIN, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES.
For the purposes of this Terms and Conditions, except where the context otherwise requires, (i) capitalised terms defined anywhere in this Terms and Conditions by inclusion in quotations and/or parenthesis have the meanings so ascribed, and (ii) the following terms shall have the following meanings:
“Confidential Information” shall mean any and all materials, products, draft and information,
in whatever form or medium, and whether proprietary or non- proprietary, relating to any user(s)
or Xpertfliix, its affiliates, holding company and subsidiaries, furnished or caused to be
furnished by the user to another user and/or it’s representatives in connection with the
business, including without limitation: (a) any non-public information and data; and (b) any
technical, commercial, operational, financial, accounting, legal and administrative information,
and any notes, analyses, compilations, studies, forecasts, interpretations, memoranda,
summaries and other materials which contain, reflect or are based upon, in whole or in part,
any of such information; regardless of whether such information is communicated physically,
orally, in writing, pictorially, by electronic transmission or otherwise.
“Knowledge Seeker” shall mean those user(s) who seek to avail Consultation Services of the Expert via the Website and have registered on our Website by creating an Account as a Knowledge Seeker.
“Expert” shall mean any user(s) who has created an Account on the Website as an expert and seeks to render Consultation Services to the Knowledge Seeker via the Website.
"GST” shall mean the goods and services tax.
“Consultation Service(s)” means services of consultation through the Consultation Session(s) provided by the Expert to the Knowledge Seeker via the Website or in any other manner as mutually agreed by the Company and the Expert.
"Service(s)” means services provided through the Website, as described in further detail under clause 4 (Service(s) provided on the Website) below. The Services provided through the Website may change from time to time, at the sole discretion of the Company.
“TDS” shall mean the tax deductible at source in accordance with the provisions of the Income Tax Act, 1961 or any other applicable regulation.
“user” or “you” or “your” shall mean any person or entity who is a visitor on the Website and/or shall avail Services on the Website or his/her representatives or affiliates who are registered on the Website.
2. MODIFICATIONS / UPDATES TO TERMS & CONDITIONS
During your participation with the knowledge seekers, you agree to act with the utmost professionalism and courtesy in your dealings with Xpertflix and its Clients. Therefore, as an Expert, you must not disclose any confidential information, including, for example, any material non-public or proprietary information, commercial secrets, or any information covered by any nondisclosure agreement(s) to which you are a party, regardless of its source (i.e., present or previous employment relationships, directorships, consulting engagements, etc.).
- We reserve the right to update or modify these Terms & Conditions including but not limited to suspend/cancel or discontinue any or all Service(s) at any time without notice, make modifications and alterations in any or all of the content, products, and services contained on the Website without prior notice.
- You are responsible for regularly reviewing these Terms & Conditions so that you will be apprised of any changes. You will be deemed to have accepted such changes if you continue to access the Website subsequent to such changes.
- Your access and use of the Website following any such change constitutes your agreement to follow and be bound by these Terms & Conditions, as updated or modified. For this reason, we encourage you to review these Terms & Conditions each time you access and use the Website.
- You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these Terms & Conditions. You shall not access and use the Website if you are not competent to contract under the applicable laws, rules and regulations.
- Registration of user on the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, or person with unsound mind etc. are not eligible to use the Website. By accessing this Website, it is deemed that the user has read and understood and accepted these Terms.
- If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the Website and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity and further, if you have fulfilled such additional eligibility requirements as may require in connection therewith.
4. SERVICE(S) PROVIDED ON THE WEBSITE
If you are an Expert:
We provide a platform through this Website that allows an Expert to provide his Consultation Services to the Knowledge Seekers via the one-on-one or one-to-many phone consultations, video calls, surveys, offline sessions and/or web-based conferences facilitated by Xpertflix (“Consultation Sessions”).
If you are a Knowledge Seeker:
We provide a platform that assist you in availing Consultation Services from Experts who have the expertise, knowledge and qualifications to provide the consultation required by you.
5. YOUR ACCOUNT & REGISTRATION
- Any user wishing to avail our Services shall mandatorily register on the Website. For registration on the Website, the user must be at least eighteen (18) years of age and shall not be in-eligible as per the eligibility criteria laid down in Clause 3 hereinabove. By using our Services, you represent and warrant that you are eighteen (18) years or older. Anyone below 18 years of age is assumed to be minor and required parental consent to use the Website.
- You can create an Account by using (a) your email address, (b) your phone number, or (c) your facebook or google account. Post entering your details (email address/phone number/social media account) on the Website, one-time verification shall be conducted by the Company. Please note that the email address provided by you shall be used for one time verification purposes. Post such verification the Account shall be created. Further, the Company may, at the time of registration, require the user to submit KYC documents on the Website to verify their identity.
- By registering on our Website, the user acknowledges that we will have the right to utilize and publish, in whole or in part, information the user provides during and after the registration process in its marketing materials, whether contained on our Website or elsewhere.
- If you are an Expert:
In addition to the above, you shall have to provide information regarding your educational background, your experience, your skills, your areas of expertise and other such information as maybe required by the Platform at the time of registration.
One you have created an Account by providing the relevant details mentioned hereinabove, the Company shall, via email or any other source of communication, propose the Consultation Fee that you can charge for providing Consultation Services to the Knowledge Seeker on the Platform. Once you confirm the Consultation Fee (“Approved Fee”) via either the Website or the email, your registration process shall be complete and you can commence with providing Consultation Services to the Knowledge Seeker on the Platform in accordance with these Terms and instructions provided on the Website.
You are entirely responsible for safeguarding and maintaining the confidentiality of your login credentials. Only one Account can be created by one Expert, should we become aware of multiple Accounts attributed to the same Expert, we reserve the right to at our sole discretion terminate or suspend such Accounts.
- If you are a Knowledge Seeker:In the event, you choose to avail any of the Services on the Website, you are required to register on the Website by providing information(s) as being sought by the Website. You are entirely responsible for safeguarding and maintaining the confidentiality of your login credentials.
6.CONTRACTUAL RELATIONSHIP BETWEEN THE EXPERT AND THE KNOWLEDGE SEEKER
a .CONSULTATION SESSION
- We provide a platform through this Website that allows an Expert to provide his Consultation Services to the Knowledge Seekers via the one-on-one or one-to-many phone consultations, video calls, surveys, offline sessions and/or web-based conferences facilitated by the Xpertflix.
- For the Consultation Session, the Knowledge Seeker can choose the timing of the Consultation Sessions from the options available on the Website and the Consultation Fee shall be charged accordingly.
- In the event any content including but not limited to the notes, presentation, charts etc. needs to be prepared for any Consultation Session, the Expert shall have the sole responsibility of preparing such content/material for the Consultation Session. The Expert agrees to provide content/material so prepared to the Company for the purpose of conducting Consultation Session.
- Once the Knowledge Seeker books a particular time slot for the Consultation Session, the Expert can either accept the time slot booked by the Knowledge Seekeror suggest two alternative time slots for conducting the Consultation Session. In the event the Knowledge Seeker is not available, for any reason, during the alternative slots suggested by the Expert, the Consultation Fee shall be converted into credits points which can only be utilised on the Platform (“Xpertflix Credit Points”) for booking Consultation Session.
- Each Consultation Session will be recorded by the Company for the purpose of internal training and dispute resolution. The Knowledge Seeker and the Expert herby agree and acknowledge that they shall not have any objection to such recording and all the right, interest, and title in such recording shall stand vested with the Company.
- During the Consultation Session, the Knowledge Seeker and the Expert shall
conduct themselves properly and behave in professional manner. The Knowledge
Seeker and the Expert agrees that they shall maintain civil decorum on the Platform
and shall not engage in any conduct which would be considered as offensive,
abusive or unprofessional.
- The Knowledge Seeker and the Expert agree to not disclose their personal contact
information such as phone number, email address, website, any social media
account address etc. to the other user. The users agree to not promote, without
prior written consent of the Company, any other business or venture including but
not limited to their own company/business/undertaking.
- The Knowledge Seeker agrees that any reliance placed on the advice given by the
Expert shall be at Knowledge Seeker’s own risk. Neither the Expert nor the Company
shall be liable to the Knowledge Seeker, in any ways whatsoever, for any
consultation or advice given by the Expert on the Platform. The Knowledge Seeker
understands and acknowledges that neither the Company nor the Expert provide
any representation or warranty regarding the accuracy or reliability of the
consultation/advice given by the Expert.
b .SERVICE AGREEMENT
- Upon, a Knowledge Seeker deciding to engage an Expert for their Consultation
Services on the Website and the Expert agreeing to provide the required
Consultation Services to that Knowledge Seeker, the terms of the Consultation
Services and the rights and liabilities of the Expert and the Knowledge Seeker shall
be governed by the following: (a) such terms and conditions as communicated
between the Expert and the Knowledge Seeker on the Website or otherwise
(“Service Agreement”), and (b) these Terms and Conditions.
- The Knowledge Seeker and the Expert shall have complete discretion with regards
to the terms of engagement between them, provided that such terms of
engagement/Service Agreement shall not be in contravention to any provision of
these Terms and the agreed Consultation Fees shall not be above the Approved
Fee. The Knowledge Seeker and the Expert acknowledges, agree, and understand
that (a) Xpertflix is not a party to any Service Agreement, and (b) the formation of a
Service Agreement between users will not, under any circumstance, create an
employment or other service relationship between Xpertflix and any user or a
partnership or joint venture between Xpertflix and any user.
- With respect to the any Service Agreement and/or the terms of engagement
between the Expert and the Knowledge Seeker, the Knowledge Seeker and the
Expert may enter into any written agreements that they deem appropriate provided
that: (a) the Expert and Knowledge Seeker shall not agree to any such terms which
is in contravention to these Terms & Conditions, (b) the Consultation Fee shall not
be more than the Approved Fee and (c) any such agreement shall not conflict with,
narrow, or expand Company’s rights and obligations under the Terms & Conditions. The Expert and the Knowledge Seeker agree that any provision of a Service Agreement in conflict with these Terms & Conditions is void.
c.DISPUTES AMONG USERS
For disputes arising between the Expert and the Knowledge Seeker regarding the
Consultation Services or any related issues thereof, the user can approach the Company by
reporting the issues and escalating the dispute to the Company via mechanism provided on
the Website. The Company, in its sole discretion and upon perusal of the contents,
communications etc. shall decide and resolve the dispute. The user agrees that Company’s
decision shall be binding upon the users.
The user agrees that the Company is facilitating the dispute resolution process for
convenience of the user, hence the user agrees that the Company shall not be liable for
Company’s participation in the dispute resolution process as envisaged under this clause.
Further, in case of any dispute, the Expert and the Knowledge Seeker agree and
acknowledge that the Xpertflix Fee shall not be disputed. The users, irrespective of any
outcome of the dispute between them, agree to take such steps required to ensure that the
Company shall be paid in full for any amounts to which the Company would otherwise be
Users may agree to any terms they deem appropriate with respect to confidentiality of information shared between them. If and to the extent that the users do not articulate any different agreement with regard to confidentiality, then they agree that this Clause 6(d) (Confidential Information) shall apply.
To the extent a user provides Confidential Information to another user, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care. 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 thereof contained in or on its premises, systems, or any other equipment otherwise under its control.
7. PAYMENT MECHANISM, OUR FEES, AND REFUND POLICY
- CONSULTATION FEES
The fees to be paid to an Expert is as agreed between Xpertflix and the Expert at the time of registration on the Website, as mentioned in clause 5(e) (“Consultation Fee”). The Consultation Fees shall not exceed the Approved Fees. Any proposed changes in the Consultation Fees shall be pre-approved by the Company over the email. The Consultation Fees shall be listed on the Website in INR and quoted as in the session length listed.
- PAYMENT MECHANISM
Upon a Knowledge Seeker agreeing to avail the Consultation Services of an Expert by booking a Consultation Session on the Website, the Knowledge Seeker, before initiation of. the Consultation Session by the Expert, is required to deposit the applicable Consultation Fees in an account provided and maintained by Xpertflix. The payment of the Consultation Fees on the Website shall be either facilitated by (a) payment platforms such as Razorpay etc. or (b) any other such mechanism provided by the Company on the Website. The user agrees and acknowledges that the payment mechanism shall be governed by the terms and conditions of the third-party payment platform. The Company shall not be liable to the user in case of failure of payment or any other related issues thereof. For any issues arising out of the payment mechanism, the user shall contact the third-party payment platform.
- PAYMENT TO EXPERTS
The Consultation Fees attributable to the Expert, after deduction of the Xpertflix Fee and TDS at applicable rate, shall be deposited into the bank account of the Expert at the end of each calendar month.
Provided, in the event the Expert subscribes to the Xpertflix’s annual subscription, the Company shall, in addition to the deduction of Xpertflix Fee and TDS at applicable rate, deduct the applicable subscription fees from the Consultation Fees attributable to the Expert from their first Consultation Session after their registration with Xpertflix.
- OUR FEES
Xpertflix do not charge any fees to the Knowledge Seekers for our Services, we however charge a fee to the Expert equivalent to 35% (thirty five percent) of the Consultation Fees plus GST at applicable rate, unless such other percentage of the Consultation Fee has been mutually agreed by the Company and the Expert (“Xpertflix Fee”). The Expert Fee and TDS at applicable rate is deducted before the release of the Consultation Fee into the bank account of the Expert.
- REFUND POLICY
- In the event, the Knowledge Seeker is not satisfied with services of an Expert, the Knowledge Seeker may, within 24 (twenty-four) hours of completion of the Consultation Session, request for the refund of the Consultation Fees from the Expert.
- The refund of Consultation Fees shall be subjected to investigation by the Company. In the event, the Company, in its sole discretion, believes that the Expert has either conducted himself/herself in violation of these Terms or have not provided the required Consultation Services to the Knowledge Seeker, the Company may refund the Consultation Fee (after deduction of the Xpertflix Fee) to the Knowledge Seeker (“Refund”).
- In case of Refund, the Expert shall not be entitled to receive any Consultation Fee, the Expert agrees and acknowledges that the Company shall not be liable to pay any fees or consideration to the Expert.
- Provided, that any refund request received from the Knowledge Seeker after expiry of a period of 24 (twenty-four) hours from the completion of the Consultation Session shall not be processed unless the Expert agrees to provide refund of the Consultation Fee to the Knowledge Seeker. In any case, the refund of the Consultation Fee shall not include refund of the Xpertflix Fee attributable to the Company. The Knowledge Seeker agrees and acknowledges that the Company has no liability whatsoever to provide any refund to the Knowledge Seeker.
- Our Website provides a platform for the Knowledge Seeker and Expert to freely interact and they have the full discretion in choosing the user that want to work with. Thus, the Company bears no liability towards users for any refund request(s). Further, the user acknowledges and agrees that the Company shall bear no liability for any decision made by the Company under this clause (Refund Policy) with relation to any of the refund requests.
Applicable to Knowledge Seeker:
Xpertflix and the Website provides a platform to connect the Expert and the Knowledge Seeker. The Knowledge Seeker agrees to not directly or indirectly attempt to circumvent, avoid or bypass the intent of these Terms, to avoid payment of Xpertflix Fee in connection with any Consultation Session. You agree to notify us immediately if a person suggests to you making or receiving payments other than through the Website in violation of these Terms or if you receive unsolicited contact outside of the Website.
Applicable to the Expert:
You agree to not contact or attempt to contact the Knowledge Seeker in any manner whatsoever. All the communication between you and the Knowledge Seeker shall be undertaken on the Website only. You agree to notify us immediately if a person suggests to you making or receiving payments other than through the Website in violation of these Terms or if you receive unsolicited contact outside of the Website.
In the event, the Expert is violating the restrictions mentioned hereunder, the Company may, in its sole discretion, take any such action as they deem fit including but not limited to termination of the account of the Expert and prohibiting the Expert from using the Platform.
During your participation with the knowledge seekers, you agree to act with the utmost professionalism and courtesy in your dealings with the Knowledge Seekers. Therefore, as an Expert, you must not disclose any confidential information, including, for example, any material non-public or proprietary information, commercial secrets, or any information covered by any nondisclosure agreement(s) to which you are a party, regardless of its source (i.e., present or previous employment relationships, directorships, consulting engagements, etc.)
As an Expert, you also agree to the following:
- You will not participate in any such activities that would cause you to breach any agreement,
legal obligation, duty, or obligation of any kind to which you are subject, including any policy
or code of conduct or ethics of any company for which you are a current or previous
employee, director, officer or trustee.
- If you are an attorney or auditor, you shall not participate in any Consultation Sessions that are about current clients or any clients to whom you or your firm owes a duty of confidentiality.
- You further agree not to provide any investment advice to the Knowledge Seekers, including,
without limitation, any ratings or securities recommendations. While participating in
Consultation Sessions, you must not provide any "professional" advice (e.g., legal, medical,
or accounting advice).
- You also agree to not conduct any objectionable interaction with the Knowledge Seeker.
Objectionable content includes but is not limited to: (i) Defamatory commentary and hate
speech (ii) Overly sexual material of an explicit nature (iii) Portrayals of extreme violence or
content that encourages violence (iv) Bullying and harassment.
10. WEBSITE AVAILABILITY
- We may suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
- We reserve the right to make any changes to the Website or to discontinue any aspect or feature of the Website without notice.
- In the event that we, in our sole discretion, consider that you are making any illegal and/or
unauthorized use of the Website, and/or your use of the Website is in breach of these
Terms, we reserve the right to take any action that it deems necessary, including terminating
your use of the Website without notice and, in the case of illegal use, instigating legal
11. INTELLECTUAL PROPERTY
- All of the content on the Website, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, trade names (“Website Content”), constitute our and our licensors’ intellectual property and are protected under applicable laws. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
- You may access the Website, avail of the features and facilities and utilize the Website Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website Content, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular Website Content, you could contact us in the manner provided hereinafter.
- We and our licensors, if any, are the sole owners of the underlying software and source code associated with the Website and all the trademarks, copyright and any other intellectual property rights of any nature on the Website.
12. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
- We are not responsible if information made available on this Website is not accurate,
complete or current. The material on this Website is provided for general information only
and should not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or more timely sources of information.
Any reliance on the material on this Website is at your own risk.
- This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
- Occasionally there may be information on our Website or in the Terms & Conditions that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on the Website is inaccurate at any time without prior notice.
13. THIRD-PARTY LINKS
We do not intend that links / URLs contained on this Website re-directing you to third party
websites be considered as referrals to, endorsements of, or affiliations with any such third-party website operators. We are not responsible for, and makes no representations or
warranties, express or implied, about the content or information contained on such third-party
websites to which links may be provided on this Website. You agree that you access any such
third-party sites at your own risk and shall solely bear all consequences associated with your
access to, and use of, such third-party websites. Such third-party sites may have separate
terms and conditions and privacy policies and which are independent of our Terms and
therefore, please read such third party terms before you access any such third party site.
14. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
- If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
- You agree and acknowledge that posting of reviews and feedback on the website is beneficial for all the users, thus you specifically request that Xpertflix post reviews and feedback about users, including yourself, on user profiles and elsewhere on the Website. You agree that Xpertflix shall post the reviews and feedback on the Website and the same shall be available to other user(s). Xpertflix does not monitor, influence, contribute to or censor the reviews and feedback of user(s) and shall not be responsible for any such review or feedback posted by any user(s). Further, you agree and acknowledge that you shall only post relevant and truthful reviews and feedback on the Website, posting of any malicious review may lead to suspension of your account.
- Xpertflix does not generally investigate any remarks posted by users or other content posted by the user for accuracy or reliability and does not guarantee that content or feedback posted by the user is accurate. You are solely responsible for content and feedback posted by you, including the accuracy of any content, and are solely responsible for any legal action that may be instituted by other users or third parties as a result of or in connection with content posted by the user. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.
- You agree that your comments will not violate any right of any third-party, including
copyright, trademark, privacy, personality or other personal or proprietary right. You further
agree that your comments will not contain libellous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that could in any way
affect the operation of the Service or any related website. You may not use a false e-mail
address, pretend to be someone other than yourself, or otherwise mislead us or third-parties
as to the origin of any comments. You are solely responsible for any comments you make
and their accuracy. We take no responsibility and assume no liability for any comments
posted by you or any third-party.
15. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- We do not guarantee, represent or warrant that your use of our Service will be uninterrupted,
timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the Service will be
accurate or reliable.
- You agree that from time to time we may remove the Service for indefinite periods of time
or cancel the Service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the Service is at your sole risk. The
Service delivered to you through the Website are (except as expressly stated by us) provided
'as is' and 'as available' for your use, without any representation, warranties or conditions
of any kind, either express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose, durability, title, and
- You agree that neither Seeknow Knowledge Services Private Limited nor its group
companies, directors, officers or employee shall be liable for any direct or/and indirect
or/and incidental or/and special or/and consequential or/and exemplary damages,
resulting from the use or/and the inability to use the product or/and for cost of procurement
of substitute goods or/and Services or resulting from any goods or/and data or/and
information or/and Services purchased or/and obtained or/and messages received or/and
transactions entered into through or/and from the Service or/and resulting from
unauthorized access to or/and alteration of your transmissions or/and data or/and arising
from any other matter relating to the product/Service, including but not limited to, damages
for loss of profits or/and use or/and data or other intangible, even if Seeknow Knowledge
Services Private Limited has not been advised of the possibility of such damages.
- You further agree that we shall not be liable for any damages arising from interruption, suspension or termination of the Website or any of our Service(s), including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
- You agree that we shall not be responsible or liable to you, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall our total liability to you for all damages or/and losses or/and causes of action shall exceed the amount paid by the you to us, if any, that is related to the cause of action.
16. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from
using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any applicable regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age,
national origin, or disability; (f) to submit false or misleading information; (g) to upload or
transmit viruses or any other type of malicious code that will or may be used in any way that
will affect the functionality or operation of the Website or of any related website, other websites,
or the internet; (h) to collect or track the personal information of others; (i) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to
interfere with or circumvent the security features of the Service or any related website, other
websites, or the internet. We reserve the right to terminate your use of the Service or the
Website for violating any of the prohibited uses. Some other prohibited activities are gambling,
get rich quick schemes, video game or virtual world credits, money exchange services, virtual
currency buy /sell / exchange, remittance payments etc.
17. ABUSIVE USE OF WEBSITE
Xpertflix retains the right to cap, suspend, or terminate our Service(s) and or user account(s), suspend or prohibit access to our Services, delete any content, and take any and all technical or legal action to restrict users to the fullest degree possible, without restricting any other remedies.
The instance that may cause the aforementioned actions without limiting the instances or reasons:
- infringement of Intellectual property rights of third parties
- inappropriate or unreasonable communication or any actions of abuse towards the staff member
- infringing the intellectual property rights of third parties
- any attempt to use Xpertflix's platform or Services for any objectionable purpose.
- use of our Services for any illegitimate or non bona fide purpose.
- failing to be consistent with letter or spirit of these Terms and our policies
18. RIGHT TO REFUSE SERVICE
Under the circumstances mentioned below we may limit, suspend or close your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
- if we determine that you have breached, or are acting in breach of Terms & Conditions;
- if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
- if average ratings given by users on the Website to you, as an Expert, falls below 3 (three) stars or if you and the Consultation Services provided by you as an Expert, in our opinion,receives poor feedback from users.
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- you do not complete account verification when requested within 3 months of the date of request;
- use of the Website in a manner inconsistent with its intended use or as expressly prohibited activities
- to manage any risk of loss to us, a user, or any other person; or
- for other reasons.
19. COMMUNICATION WITH OTHER USERS
- Text, message boards, public clarification boards, Xpertflix message board, direct message sending, and other contact channels available on the Website, must be used to connect with other users.
- You must only connect with other users through the Website or such other communication channels as provided by the Company. You agree not to interact with other users by any other means, and you must not try to do so.
- For the purposes of investigating fraud, regulatory enforcement, risk control, and other similar purposes, we can read all communications posted to the Website and download or view, and verify (if necessary), all uploaded data, programmes, and websites related to your use of the Website.
- Except at the time of registration, at our invitation, or as otherwise allowed by us on the Website, you may not post your email address or any other contact information (including but not limited to your phone number or other identifying strings on other platforms) on the Website
Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in the profile, must relate to a service being performed on the Website.
We may display advertisements or promotions on the Website. You acknowledge and agree
that we shall not be responsible for any loss or damage of any kind incurred by you as a result
of the presence of such advertisements or promotions or any subsequent dealings with third
parties. Furthermore, you acknowledge and agree that content of any advertisements or
promotions may be protected by copyrights, trademarks, service marks, patents or other
intellectual property or proprietary rights and laws. Unless expressly authorised by Xpertflix or
third-party right holders, you agree not to modify, sell, distribute, appropriate or create
derivative works based on such advertisement/promotions.
- Personal Information
Your submission of personal information through the Website is governed by our Privacy
- Entire Agreement
These Terms & Conditions constitute the sole record of the agreement between you and us
in relation to your use of the Website. Neither you nor we shall be bound by any express
tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Terms & Conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us in respect of your use of the website.
No indulgence or extension of time which either we may grant to you constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that we have signed a written document expressly waiving or limiting such rights.
We shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant Terms & Conditions, policies and notices to any third party.
You agree to indemnify, defend and hold harmless neither Seeknow Knowledge Services
Private Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers, interns and employees,
harmless from any claim or demand, including reasonable attorneys’ fees, made by any
third-party (including the user themselves) due to or arising out of your breach of these
Terms & Conditions or the documents they incorporate by reference, or your violation of any
law or the rights of a user or any third-party.
- Limited Liability
IN NO EVENT WILL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE
WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OF
SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR
CORRUPTION OF DATA; (IV) YOUR USE OF OR YOUR INABILITY TO USE OUR WEBSITE OR
SERVICES; (V) DELAYS OR DISRUPTIONS IN OUR WEBSITE OR SERVICES; (VI) VIRUSES OR
OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING, OR LINKING TO, OUR WEBSITE
OR SERVICES; (VII) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR
WEBSITE OR SERVICES; (VIII) DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF THE
WEBSITE OR SERVICES; (IX) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES’
USE OF THE WEBSITE OR SERVICES; (X) A SUSPENSION OR OTHER ACTION TAKEN WITH
RESPECT TO YOUR ACCOUNT; (XI) YOUR RELIANCE ON THE QUALITY, ACCURACY, OR
RELIABILITY OF SERVICE POSTINGS, PROFILES, RATINGS, RECOMMENDATIONS, AND
FEEDBACK (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), USER INFORMATION, OR
METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE WEBSITE; (XII) 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 & CONDITIONS; OR (XIII) FOR
ANY AMOUNTS THAT EXCEED THE AMOUNTS PAID BY YOU TO US UNDER THESE TERMS IN
RESPECT OF THE CONSULTATION SERVICE OR SERVICE UNDER DISPUTE OR THE AMOUNT
PAID TO US IN RESPECT OF THE USAGE FOR PAST 6 (SIX) MONTHS WHICHEVER IS LOWER.
WE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR
REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED
BY APPLICABLE LAW.
In the event that any provision of these Terms & Conditions is determined to be unlawful,
void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent
permitted by applicable law, and the unenforceable portion shall be deemed to be severed
from these Terms & Conditions, such determination shall not affect the validity and
enforceability of any other remaining provisions.
- The obligations and liabilities of the parties incurred prior to the termination date shall
survive the termination of this agreement for all purposes.
- These Terms & Conditions are effective unless and until terminated by either you or us.
- You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Website, or when you cease using our Website.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website (or any part thereof).
Any disputes arising in connection with the Website, or Terms & Conditions or any matter related to or in connection therewith between the user and the Company shall be settled by binding arbitration, by a single arbitrator appointed mutually by the Company and the user in accordance with the Indian Arbitration Act, 1966 (as amended). The seat of arbitration shall be Pune, Maharashtra, India and the proceedings of the arbitration shall be conducted in English.
- Applicable Law
Any relevant terms and conditions, policies and notices shall be governed by and construed
in accordance with the laws of India. Subject to clause 21 (i) (Arbitration), you hereby
consent to the exclusive jurisdiction of the courts of Pune, Maharashtra, India in respect of
any disputes arising in connection with the Website, or Terms & Conditions or any matter
related to or in connection therewith.
The user shall hold all Confidential Information of the Company in strict confidence and
shall not disclose any Confidential Information to any third party. The user shall not use any
Confidential Information of the Company for your own benefit or that of any third party. The
obligations of this clause with respect to Confidential Information shall survive any
termination or expiration of these Terms.
- User representation and warranty
You represent and warrant to us that (a) all the information provided by you is true and
accurate and the you have not provided any false, misleading, or deceptive information or
have not omitted any material facts, (b) you are legally competent to enter into these Terms
and to take all actions required pursuant hereto, and (c) you conduct and work in relation
to any Consultation Services do not violate (i) any right(s) of the third party (including but
not limited to the intellectual property rights), (ii) any applicable laws or regulations and (iii)
any contractual obligations whatsoever.
- Xpertflix relationship with the Expert
The Expert acknowledge and agree that they are registering on our Website and providing
the Consultation Services in their individual capacity as an independent contractor of
Xpertflix and not as an agent or representative of any entity or individual, unless otherwise
agreed in writing by Xpertflix. As such, the Expert agree to comply with all applicable tax
withholding and/or reporting obligations arising from any payments made by Xpertflix to the
Expert. Except as expressly agreed in writing, the Expert will not have any right or authority
to negotiate any agreement or otherwise incur any obligation on behalf of Xpertflix or to
make any representation or warranty on behalf of Xpertflix or any Knowledge Seeker.
Registration by a user as an Expert does not create an employment, agency, partnership,
joint venture or any other form of association, for tax purposes or otherwise, between the
Expert and Xpertflix or any Knowledge Seeker. Further, the Expert shall not represent
themselves as being an employee of Xpertflix to any person or entity and the Expert shall
not be eligible for any employment benefits based on their registration on this Website as
an Expert and providing of Consultation Services. Additionally, the Expert agree that the
Expert will not make any unauthorized use of Xpertflix’s name
- Contact Information
Questions about the Terms & Conditions should be sent to us at email@example.com.