“Service” means and includes the usage of the website as a platform to engage services rendered by Geek(s) to Seeker(s) including but not limited to IT services in person, through video consultations, phone calls and communication through an integrated chat system. “Geek(s)” means and includes IT professionals who shall render services using the website as a platform to market their services and are not employees or agents of the Company. “Geek Profile(s)” means and includes information regarding the qualification and expertise of Geek(s) as listed by the Geek(s). “Seeker(s)” means and includes clients who shall use the Website to engage the services of Geek(s) for IT purposes. “User(s)” means and includes any person who visits the Website for any purpose whatsoever and includes both “Seeker(s)” and “Geek(s).” “User Account” means and includes the online account necessary for both Geeks and Seekers for accessing the Website by providing requisite information.
I. Access:
Subject to your compliance with this Agreement, the Company hereby grants you the permission to use the Website and the Service(s) contained therein, provided that:
- You create a User Account by providing requisite information specified in subsequent clauses.
- Use of this Website is available only to the users who are above the age of 18 (Eighteen) years and can form a legally binding contract under the applicable laws.
- You, a Seeker, use the service solely for your personal use and you are not permitted to resell or charge others for the use of or access to the Service, or act in any manner inconsistent with this Agreement.
- You will not replicate, transfer, copy or distribute the contents of this Website to build any other platform or database without prior written authorization from the Company.
- You will not attempt to reverse engineer, alter, modify any part of the Service or cause denial of access to any legitimate user or controller of the Website.
- The use of this Website is currently made available to Seeker(s) free of charge for their personal and non-commercial use. However, the Company reserves the right to commence charging Seeker(s) for the use of the website at any time and for any reason.
- The access and use of this Website by Geek(s) for the listing of their services is subject to the different free and paid plans available and the Company reserves the right to modify and amend the terms and fees of these plans at any time and for any reason.
- Each User is permitted to create only one account.
- A User Account shall be created on the basis of information including but not limited to name, phone number, e-mail ID provided by the User subject to verification of said mobile number and/or e-mail ID.
- Each Geek account shall be subject to verification of identity through Government issued IDs in addition to the verification applicable to all Users.
- The verification of User Account is limited to the phone number, e-mail address and identity of the User and the Company does not take any responsibility for the authenticity of information other than the aforementioned, posted by Geek(s).
- By accessing this Website, you represent and warrant the following: a) Any information you have provided on or through the Website is accurate and the use of such information you provide will not violate any policy/ terms of the Company/ third party agreement or cause harm to any third party. b) By using the Website, you agree to be in full compliance with all the applicable laws, rules, regulations, and guidelines in force in India at the time of acceptance of this Agreement. c) The Company is not liable for any information or content posted by you or any other third party on the Website. d) You unilaterally agree to indemnify and hold harmless without objection, the legal entities of the Company, its officers, directors, employees, and agents from and against any claims, actions, demands, liabilities, losses, expenses, and damages resulting from or arising from any violations of these terms and conditions.
- In order to use the Website, you are required to have a compatible device with requisite internet access and necessary minimum software specifications.
- Each Seeker and Geek shall be responsible for direct interactions with each other including but not limited to payment negotiations, specifying tasks, and conducting background verifications.
- Each Seeker shall be obligated to take necessary precautions to protect against possible malpractices and shall not hold the Company liable in the event of any losses as aforementioned.
- You shall not engage in any prohibited activity listed in subsequent clauses.
IV. Prohibited Behaviour:
You shall refrain from using the Website, and Services listed therein for any fraudulent purpose, or in connection with a criminal offence or unlawful activity including but not limited to harassment, defamation, abuse, physical or mental harm, breach of copyright(s), trademark(s), patent(s), and privacy or any other information or right.
You shall restrain from using this Website for any of the following prohibited activities: a) Creating user accounts using false or misleading information. b) Creating and maintaining duplicate user accounts. c) Using the Website for any purpose including but not limited to creating user accounts by automated or non-human means, whether through a bot, script, or otherwise under false pretences. d) Defaulting on payments to be made to the Company. e) Defaulting on payments to be made to Geek(s) for services rendered pursuant to direct communication. f) Submit any content containing malicious computer code or computer contaminants such as viruses or spyware. g) Perform any action that leads to denial of access to any authorized person. h) Collect and compile information available on the website to make a database. i) Use the contents of the Website to establish a deceptively similar competing website or use the content for any revenue generating endeavour or commercial enterprise. j) Circumvent, disable, or otherwise interfere with security-related features of the website.
- Geek(s) are permitted to post their services and market the same through Geek Profile(s).
- Seeker(s) are permitted to post their requirement(s) and/or task(s) by making a User Account specific to Seekers and utilizing the “Post a Job” feature.
- Geek(s) and Seeker(s) may peruse through postings made on the website to identify each other and enter into direct communication for rendering/engaging service(s) listed therein.
- Listing and visibility of Geek(s) and their services, process or other information does not constitute or imply endorsement, sponsorship, or recommendation thereof by the Company.
- The usage of the Website for the purpose of identifying and engaging Geek(s) is free of charge for Seeker(s).
- The usage of the Website by Geek(s) for the purpose of listing and marketing services to Seeker(s) is although free at the present, will be subjected to different payment plans that determine profile visibility and access to additional benefits in the future.
- The domain name of the Website, the brand name, tag line and the Company Logo including but not limited to any other logos, marks, and scripts that are displayed on the Website are trademarks (“Intellectual Property”) of the Company and are protected under the applicable laws.
- All the contents included on the Website such as text, graphics, user interfaces, visual interfaces and computer code (“Intellectual Property”) on the Website is owned and controlled by the Company and the design, structure, selection, coordination, expression, look, feel and arrangement of such content is protected under the applicable laws.
- You are prohibited from deciphering and/or decompiling and/or reverse engineering any of the content owned by the Company in any way whatsoever.
- You are prohibited from performing any other activity that is likely to affect the trademark or content of the Company in general and in case of any infringement, the Company shall have the right to take legal action as prescribed under the relevant laws.
- You are not authorized to use the Company’s Intellectual Property in any advertising, publicity or in any other commercial manner.
- For removal of doubts, it is clarified that, by accepting this Agreement, you hereby waive and grant to the Company, all rights including intellectual property rights in the Review(s), Rating(s) and Comment(s) posted by you on the Website or any other platform made available by the Company and that the Company is free to use all such Review(s), Rating(s) and Comment(s) as per its requirements from time to time.
- The Company will make reasonable efforts to make the Website available at all times. However, the Company makes no warranty that: a) the Website or services included therein will meet your requirements and the use of the same shall be uninterrupted, timely and hassle-free. b) the quality of the Website or services included therein will meet your expectations.
- The Company shall not be held liable or responsible for the non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or any other reason beyond the control of the Company.
IX. Limitation of Liability:
In no event shall the Company, its officers, directors, employees, and agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any of the following: a) Errors, mistakes, or inaccuracies of content. b) Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the website or services rendered by Geek(s). c) Unauthorized access to or use of our secure servers and/or any personal information stored therein. d) Interruption or cessation of transmission to and from our servers. e) Bugs, viruses, trojan horses, malware, or the like, which may be transmitted to or through our services by any third party.
You specifically acknowledge that the Company shall not be liable for submissions made by User and/or Geek(s) and/or Seeker(s) or any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
X. Termination and Suspension:
The Company prioritizes the maintenance of a reliable and transparent platform for its users and therefore follows a strict policy against listing and promoting content, images or services that may mislead any user. If any user is found promoting misleading content that could potentially harm the credibility of the Website, the Company reserves the right to take appropriate action including but not limited to suspension or termination of User Accounts.
The Company may, at its sole discretion and without prior notice, terminate or suspend or block your future access to the Website and User Account if it determines that you have violated this Agreement.
The Company shall be entitled to recover from you all reasonable costs in the event that the Company institutes legal action against you as a result of your violation of this Agreement.
XI. Use of Other Third-Party Services:
While accessing the Website, you may also be using the services of one or more third-party service providers including but not limited to wireless carriers, mobile platform providers, Google Maps, and payment gateways. You shall be bound by their policies, terms of use and fees for such use of third-party services. The Company shall not be held responsible for any grievance arising out of the actions of such third-party service providers.
XII. Governing Law and Jurisdiction:
Any dispute or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, or transaction carried out through the Website shall be governed by and interpreted in accordance with the laws of India and the parties shall submit to the exclusive jurisdiction of the courts at Hyderabad, Telangana.
XIII. Dispute Resolution:
If, at any time, any dispute, differences or question arises concerning the meaning, construction, interpretation, effect and scope of this Agreement or the breach, termination, or invalidity thereof between User(s) and the Company, then, such disputes, differences or question shall be resolved by reference to arbitration which shall be in accordance with the rules of the Arbitration and Conciliation Act, 1996.
The proceedings shall be conducted in English Language and the seat of Arbitration shall be in Hyderabad, Telangana.
The order of the Arbitration board shall be final and binding on both the Parties.
XIV. Privacy and Data Handling:
The Company shall collect, manage user data, and utilize it for purposes as per the Company’s privacy policy.
XV. Severability:
In the event that any clause of this Agreement is deemed to be violative and/or inconsistent with any law that is in force for the time being, such clause shall be inoperative to that extent, without affecting the validity and enforceability of any of the other remaining clauses.
For any inquiries or feedback regarding our Terms of Services, please contact the GeekOnDemand Team at [email protected]. Visit our Contact Page for more details.
Term Last Updated on 25-09-2024