TERMS OF USE

Please carefully read and ensure that you understand these terms and conditions of use before using this website/product. All use of ExpertKhoj’s services and access to the Website is subject to the terms and conditions set forth herein below (“Terms”).

1. Applicability of Terms

  • ExpertKhoj, including its affiliates, subsidiaries, employees, agents or partners or founders or directors, provides dispute resolution and related services and information which are available on the website, www.ExpertKhoj.com (“Website”), on the world wide web as well as the software and web applications and any child domain therein, provided by ExpertKhoj, including but not limited to the software and applications of the brand names ‘ExpertKhoj’ (together with the Website, referred to as the “Services”). The Services may change from time to time, at the sole discretion of ExpertKhoj, and the Agreement will apply to the User while availing the Services, as well as to any information provided by ExpertKhoj.
  • These terms are an agreement (“Agreement”) between you (“User”, including its “Partners”, “Directors” “Associates” or “Agents” and includes any arbitrator, mediator or conciliator whether empanelled with us or not) and ExpertKhoj (“We”, “Us” or “ExpertKhoj”) and are applicable when the User uses the content, Services, products accessible through the website, mobile or any other applications.
  • The privacy policy is available at www.ExpertKhoj.in (“Privacy Policy”) and the same is an integral part of this Agreement between the User and Us. We recommend that the User reviews it before he/she/it accesses the Website or avail any of the Services.
  • These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between the User and ExpertKhoj in connection with his/her/its visit to the Website and use of the Services.
  • This Agreement defines the terms and conditions under which the User is allowed to avail the Services and governs the relationship between ExpertKhoj and the User. In case of any questions about any part of the Agreement, feel free to contact us at contact@expertkhoj.com.
  • This Agreement supersedes all oral and written terms, conditions, policies, or communications (if any) between ExpertKhoj and the User. By availing any Service from ExpertKhoj, the User signifies his/her/its acceptance of the terms of this Agreement.
  • We reserve the right to modify or terminate any part of this Agreement for any reason and at any time, and such modifications shall be informed to you. Your use of the Website following any modifications constitutes your consent to be bound by the modified Agreement.
  • If you do not agree with any part of the Agreement, please do not use the Website or any Services. Your access to use of the Website and the Services will be solely at the discretion of ExpertKhoj.
  • The Agreement is published in compliance with, and is governed by the provisions of Indian law, including but not limited to:
      i. the Information Technology Act, 2000 (“IT Act”),
      ii. the Indian Contract Act, 1872, and
      iii. the rules, regulations, guidelines and clarifications issued under the IT Act, including the Information Technology (Reasonable Security Practices and 2 Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

YOU HEREBY IRREVOCABLY ACCEPT ALL THE CONDITIONS STIPULATED IN THE AGREEMENT AND THE PRIVACY POLICY.

2. Conditions of Use

  • You must be 18 years of age or older to register, use the Services, or visit or use the Website for availing any services or facilities in any manner.
  • By registering, visiting the Website and/or availing the Services, you represent, warrant and assure ExpertKhoj that:
      i.you are 18 years of age or older;
      ii.you are competent to contract under the Indian Contracts Act, 1872;
      iii.you have the right, authority and capacity to avail the Services available through the Website, or any applications developed and/or used by ExpertKhoj;
      iv.you understand the Agreement (including the Terms and Conditions and the Privacy Policy); and
      v.you unconditionally enter into this Agreement with ExpertKhoj and it is legally binding on you.

3. Terms of Use applicable to all users

  • The ExpertKhoj algorithms, content, and software for providing any Service (whether provided through the Website or on another application or in any other manner) is fully covered and protected by intellectual property and laws of India (and globally).
  • The Services provided by ExpertKhoj are provided without any warranties, representations, promises or conditions (both express and implied).
  • ExpertKhoj provides services to Users on an “as is” and “as available’ basis. It does not provide or make any representation, warranty or guarantee (express or implied) about any information on its Website. ExpertKhoj does not guarantee the accuracy or completeness of any content or information provided by Users on the Website and/or its application. To the fullest extent permitted by law, ExpertKhoj disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by ExpertKhoj or any User in relation to any User or services provided by such User.
  • ExpertKhoj may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of ExpertKhoj’s services and to build new services. The use of Website by a User allows ExpertKhoj to have access to registered Users’ e-mail id or phone number, for communication purpose.
  • ExpertKhoj has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not in any way imply that ExpertKhoj endorses the third-party site.
  • ExpertKhoj assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content. If a User is dissatisfied with the Website, the User’s sole remedy is to discontinue using the Website and delete the cache.
  • If ExpertKhoj determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, ExpertKhoj reserves the right to immediately suspend your access to the Website or any of your accounts with ExpertKhoj. You shall be liable to indemnify ExpertKhoj for any losses incurred as a result of your misrepresentations or fraudulent behaviour that has adversely affected ExpertKhoj or its Users.

4. Privacy Policy

  • The Privacy Policy, as provided at [] [Note: To insert URL of the Privacy Policy of ExpertKhoj as available on the website.], sets out, inter alia:
      i.The type of information collected from Users, including sensitive personal data or information;
      ii.The purpose, means and modes of usage of such information;
      iii.How and to whom ExpertKhoj will disclose such information; and,
      iv.Other information mandated by the SPI Rules.
  • The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter alia:
      i.the fact that certain information is being collected;
      ii.the purpose for which the information is being collected;
      iii.the intended recipients of the information;
      iv.the nature of collection and retention of the information; and
      v.the name and address of the agency that is collecting the information and the agency that will retain the information; and
      vi.the various rights available to such Users in respect of such information.

5. Professional - Client Relationship

  • The use of Services by the User does not create any professional relationship between ExpertKhoj and the User either, unless presumed or required by law. Any information obtained from ExpertKhoj, is for informational purposes only. ExpertKhoj makes no guarantees, representations or warranties or promises (expressed or implied) with any User.
  • Without prejudice to the generality of the above, ExpertKhoj is not involved in providing anylegal advice and hence is not responsible for any interactions between User and the ExpertKhoj Expert, including the arbitrator, mediator or conciliator, irrespective of whether they are empanelled with ExpertKhoj. The User understands and agrees that ExpertKhoj will not be liable for:
      i. User interactions and associated issues User has with the ExpertKhoj Expert;
      ii. the ability or intent of the ExpertKhoj Expert or the lack of it, in fulfilling their obligations towards Users;
      iii. any wrongdoing on part of the ExpertKhoj Expert;
      iv. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the ExpertKhoj Expert to provide agreed Services; and
      v. any misconduct or inappropriate behaviour by the ExpertKhoj Expert.

6. Rights and obligations relating to content

    • As mandated by Regulation 3(2) of the IG Rules, ExpertKhoj hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
        i. belongs to another person and to which the User does not have any right to;
        ii.is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous,
        iii. invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or
        iv. encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
        v. harm minors in any way;
        vi. infringes any patent, trademark, copyright or other proprietary rights;
        vii. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
        viii. impersonate another person;
        ix. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
        x. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence
        xi. prevents investigation of any offence or is insulting any other nation; or
        xii. violates any law for the time being in force.
    • Users are also prohibited from:
        i. violating or attempting to violate the integrity or security of the Website or any ExpertKhoj Content;
        ii. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by ExpertKhoj;
        iii. intentionally submitting on the Website any incomplete, false or inaccurate information;
        iv. making any unsolicited communications to other Users;
        v. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
        vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
        vii. copying or duplicating in any manner any of the ExpertKhoj Content or other information available from the Website;
        viii. framing or hot linking or deep linking any ExpertKhoj Content.
        ix. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

ExpertKhoj, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through e-mail signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 6.1 and 6.2. ExpertKhoj shall also be entitled to preserve such information and associated records for at least 15 days for production to governmental authorities for investigation purposes.

  • In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, ExpertKhoj has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
  • ExpertKhoj may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit ExpertKhoj to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by ExpertKhoj as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between ExpertKhoj or any person on its behalf and the User or where the User has consented to data transfer.
  • While we strive to maintain the highest levels of service availability, ExpertKhoj is not liable for any interruption that may be caused to the User’s access of the Services.

 

7. Intellectual Property

  • The content and data listed on the Website are from User generated content and belong to ExpertKhoj. The data shall be protected by all international and national intellectual property laws as applicable from time to time. The Users have reasonable and non-exclusive access to the data belong to ExpertKhoj for availing the Services.

8. Termination

  • ExpertKhoj reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
      i. Such User breaches any terms and conditions of the Agreement;
      ii. A third party reports violation of any of its right as a result of your use of the Services;
      iii. ExpertKhoj is unable to verify or authenticate any information provide to ExpertKhoj by a User;
      iv. ExpertKhoj has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
      v. ExpertKhoj believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for ExpertKhoj or are contrary to the interests of the Website.
  • Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any legal services the User has rendered in order to comply with the User’s record keeping process and practices.

9. Limitation of Liability

  • In no event, including but not limited to negligence, shall ExpertKhoj, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entity”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
      i. provision of or failure to provide all or any service by ExpertKhoj to End- Users contacted or managed through the Website;
      ii. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
      iii. any unauthorized access to or alteration of your transmissions or data; or
      iv. any other matter relating to the Website or the Service.
      v. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, the value of the agreement entered into between the User and ExpertKhoj and in a situation where no such agreement has been entered into, then in the aggregate INR 5,000 (Indian Rupees Five Thousand Only).

10. Indemnity

  • The User will indemnify and will keep indemnified ExpertKhoj against all liabilities, damages, losses, costs and expenses (including legal expenses and amounts paid in settlement of any disputes) suffered or incurred by ExpertKhoj and arising as a result of any breach by the User.

11. Retention and Removal

  • ExpertKhoj may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

12. Severability

  • If any provision of the Agreement is held by a court or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court or arbitral tribunal.

13. Waiver

  • No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by ExpertKhoj. Any consent by ExpertKhoj to, or a waiver by ExpertKhoj of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

14. Applicable Law and Dispute Settlement

  • You agree that this Agreement and any contractual obligation between ExpertKhoj and User will be governed by the laws of India.
  • Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be referred to mediation by ExpertKhoj. The mediation shall be conducted by a sole mediator under the ExpertKhoj Mediation Rules. If mediation fails, then the dispute shall be referred to arbitration before a sole arbitrator appointed by ExpertKhoj or an independent arbitration institution designated by ExpertKhoj. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
  • Subject to the above Clause 2, the courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
  • If a User has any questions concerning ExpertKhoj, the Website, this Agreement, the Services, or anything related to any of the foregoing, ExpertKhoj customer support can be reached at the following email address: contact@ExpertKhoj.com.