Protinus Fashion Networking Private Limited (“Company“), having its office at 365, 4th Main, 4th Avenue, Teachers Colony, Koramangala, Bangalore – 560034, is into the business of operating, controlling and managing ‘6Degree’ website and the Services (as defined below) provided by it.
By using the website, You specifically agree that you are at least 18 years of age and you are competent under law to enter into a legally binding and enforceable contract.
2.1 LICENSE AND AUTHORITY TO ACCESS THE WEBSITE
2.2 ELIGIBILITY CRITERIA OF THE MEMBERSHIP
Usage of the Website is available only to individuals who have attained the minimum age of 18 years and are eligible to enter into binding contracts under applicable law. You represent and acknowledge that: (a) all registration/sign-up information that you submit is truthful and accurate, (b) You will maintain the accuracy of such information, and (c) Your use of the Website and Services offered through the Website do not violate any applicable law or regulation. Your Account, as defined below, may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations or any provisions mentioned under this Agreement.
To access and participate in certain features of the Website, You will need to register on the Website and create a password-protected account (“Account“). In order to create an account, You must submit your name, contact number, email address or any other details required on the Website for sign-up, through the account registration page on the Website and create a password. You can also provide additional optional information, which is not required to register for an account but may be helpful to the Company in providing you with a more customized experience when using the Website. Your existing social media account on any designated social media platform such as Facebook.com and its log-in credentials (your “Third-Party Site Password“) can also be used for registering on the Website. You are referred to as the ‘Account Holder’ or ‘Registered User’ if you have created an Account under this Agreement on the Website.
You are solely responsible for safeguarding your Website password and, if applicable, your Third-Party Site Password (collectively, “Passwords“) at all times and You shall be solely responsible for all activity that occurs on your Account. You shall immediately notify the Company of any breach of security or any unauthorized use of your Account. In a similar manner, You shall never use any other individual’s Account without the Company’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.
You hereby expressly acknowledge that the Company will not be liable for the losses, damages etc. (whether direct or indirect) caused to You by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses to the Company or others due to such unauthorized use.
3.1 PROHIBITIONS ON SUBMITTED CONTENT
While using the Website, whether by registering or generally, You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile or the posting of any opinions or reviews in connection with the Website, the Service, the Service Professional, or the Service User (“Feedback“) (all of the foregoing content is also collectively referred to herein as “Submitted Content“) that:
(a) invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information without their knowledge and willing consent;
(b) contains falsehoods or misrepresentations that could damage the Company or any third party;
(c) is pornographic, harassing, hateful, illegal, obscene, defamatory or inappropriate subject matter; or is otherwise inappropriate;
(d) is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights;
(e) advertises or solicits a business not related to or appropriate for the Website (as determined by the Company in its sole discretion);
(f) contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
(g) distributes or contains viruses or any other technologies that may harm the Company, or the interests or property of the Company users
4.1. While using the Website, you shall not:
a) fail to deliver payment for Services purchased by you; and
b) circumvent or manipulate our fee structure, the billing process, or fees owed to the Company.
5.1 As a user you agree to refrain from leaving inappropriate feedback: The following actions constitute inappropriate Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided.
5.2 Sanctions for inappropriate use of feedback: If you violate any of the above-referenced rules in connection with leaving Feedback, the Company, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your postings; (ii) limit your Account privileges; (iii) suspend your Account.
5.3 Reporting Inappropriate Use of Feedback: You may contact the Company regarding any inappropriate use of Feedback via-email at firstname.lastname@example.org
5.4 Resolving Disputes in Connection with Feedback: In the event of any dispute between users of the Website concerning Feedback, the Company shall be the final arbiter of such dispute. Further, in the event of any dispute between users of the website concerning feedback, the Company has the right, in its sole and absolute discretion, to remove such feedback or take any action it deems reasonable without incurring any liability therefrom.
7.1. It is further clarified that Your registration on the Website shall be deemed to be your consent to be contacted via phone calls, SMS, Email, or other form of Electronic Communication (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form.
(iii) To contact you via email, facsimile, phone or text message, to deliver certain services or information you have requested
8.1 SERVICE USERS SHALL REFRAIN FROM THE FOLLOWING ACTIONS:
(a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service Professional’s terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by the Company in connection with the use or purchase of any Service.
8.2. VIOLATION OF SPECIFIC RULES
If a Service User violates any of the above-referenced rules in connection with his or her Posting, the Company, in its sole discretion, may take any of the following actions: (a) cancel the Posting and terminate the engagement; (b) limit the Service User’s Account privileges; (c) suspend the Service User’s Account; and/or (d) decrease the Service User’s status earned via the Feedback page.
9.1 NO CONFIDENTIALITY
The Website may permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that notwithstanding the publishing of such content, the Company does not guarantee any confidentiality with respect to any Submitted Content.
You agree that any content submitted by you is on a non-proprietary and non confidential basis. You agree that the Company shall be free to use or disseminate such submitted content for the purpose of providing the services. The Company may disclose user information including personal information if the Company reasonably believes that such disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate the Company’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
9.2 REPRESENTATIONS AND WARRANTIES
9.3 OWNERSHIP RIGHTS AND LICENSE TO THE COMPANY
You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You may remove your Submitted Content from the Website at any time. The license granted as above shall expire upon such removal of the submitted content.
9.4 THE COMPANY’S DISCLAIMERS AND RIGHT TO REMOVE
You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.
10.1 If your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at email@example.com
a) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit the Company to locate the material;
c) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
d) information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
e) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
f) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right.
11.1 MODIFICATION OR CESSATION OF WEBSITE OR ACCOUNT
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. The Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company services.
11.2 EFFECT OF TERMINATION
The Company will notify you via email of any such termination or cancellation, which shall be effective immediately upon the Company’s delivery of such notice.
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of the Company Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that the Company shall not be liable to you or any third party for any termination of your access to the Website. Upon termination of service, the Company retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted the Company hereunder shall remain in effect for the foregoing purpose. In no event is the Company obligated to return any Submitted Content to you. Sections 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25 and 26 shall survive expiration or termination of the Website or your Account.
You agree to indemnify and hold the Company, and its officers, managers, members, affiliates, successor, assigns, directors, agents, Service Professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Service.
12.1 THE COMPANY OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE
The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data“) and the trademarks, service marks and logos contained therein (“Marks“), are owned by the Company. Other trademarks, names and logos on this Website are the property of their respective owners.
Data on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
13.1 FEES INCURRED BY SERVICE USERS
The Company reserves the right at its sole discretion to charge fees to Service Users for other services that the Company may provide in the future.
The Company in specific categories require Service Users to make payments for Services provided pursuant to job leads i.e. requests posted by Service Users, and permitting the Service Professional to contact the Service User (“Fee”) irrespective of whether the job leads eventually result in a transaction or exchange of consideration for the service requested. In order to be eligible to make such Fee payment, Service Users may be required to make advance payments (“Credits”) from which the Fee shall be adjusted as and when necessary.
The Service User is entitled to refund of credits that is credited back in their wallet only when the Service User within 48 hours of posting a request on the Website withdraws the same by way of the Website and/or the mobile application only.
The decision of the Company pertaining to the above shall be final and binding.
The Company reserves the right to charge fees for any additional services pre-informed and agreed by the Service User, at its sole discretion.
You understand and agree that you will be required to pay all the applicable taxes on the goods and services sold/provided by the Company on the Website or otherwise, in addition to the aforementioned Fee. You understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to the guests. Further, you understand that the Company shall not be responsible or liable in any manner in relation to tax liability of a Service User.
13.3 REFUND POLICY
All monies paid by Service Users in form of “Credits” are non-interest bearing. Unutilised and unclaimed “Credits” for a period of more than 364 days from the date of purchase of “Credits” shall expire and stand forfeited. No refunds of credits will be processed on any account after the expiry date.
15.1. Your interactions with individuals and/or organizations found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Service Professionals and Service Users.
15.2. You understand that deciding whether to use the Services of a Service Professional or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, postings, Offers, Wants and/or Feedback, is your personal decision for which you alone are responsible. You understand that the Company does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. You also understand that any so called background check undertaken by the Company is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the Service User should take an informed decision on his/her own accord.
18.1. Aspects of the Website and others, the Company services may be supported by advertising revenue. As such, the Company may display advertisements and promotions on the service. The manner, mode and extent of advertising by the Company on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by the Company of any advertised products or services unless there is any specific engagement entered by the Company for such endorsement. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.
19.1 You agree that your use of the website shall be at your own risk to the fullest extent permitted by law, and the Company and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, Service Professionals, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this website, the services offered on or through this website, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this website, including without limitation the materials, data and submitted content of other users of this site or other third parties. The Company will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including third party service professionals of products or services. As with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
20.1. In no event shall the Company, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, Service Professionals, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any (i) access to or use of the website or any services offered by any Service Professionals from the website, including services provided pursuant to an agreement formed independently of the website, whether or not an agreement for service formed via the website is in effect; (ii) errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the website or submitted content; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any bugs, viruses, the like which may be transmitted to or through the website by any third party; (v) any interruption or cessation of transmission to or from the website; (vi) any errors or omissions in any data, content, information, materials or substance of the website or submitted content; (vii) any failed negotiations for a service, any disputes that arise during or after the negotiation of a service or the formation of a contract for a service, or any other dispute that arises between users of the website; (viii) any defamatory, offensive, or illegal conduct of any third party or service user or service professional; or (ix) any use of any data, marks, content, information, materials or substance of the website or submitted content posted, emailed, transmitted, or otherwise made available on or through the website, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not the Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
20.2 In no event shall the total, aggregate liability of the Company or any of the above-referenced respective parties, arising from or relating to the website, and/or submitted content exceed the total amount of fees actually paid to the Company by you hereunder.