This web site (the “Site”) is published and maintained by Value Relay Private Limited (“VALUERELAY”), a company incorporated and existing in accordance with the laws of India. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below. When you access any links to third party sites through this Site, then such third party site may have its own terms and conditions of use which is specific to it and you will therefore be bound by those terms.
License to access
Requirements for Use of the Site.
Use of the Website is available only to individuals who are of legal age to form binding contracts under applicable law. You represent, acknowledge and agree that you are of legal age to form binding contracts, and that: (a) all registration 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 this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the legal age or that you are not complying with any applicable laws, rules or regulations.
You need not register with VALUERELAY to simply visit and view the Website, but to access and participate in certain features of the Website, you will need to create a password-protected account ("Account") and username (“Valuerelay User ID”). To create an account, you must submit your name and email address through the account registration page on the Website and create a password. You will also have the ability to provide additional information, which is not required to register for an account but would be mandatory depending on the type of privileges given to the user (example: privilege to act as moderator as defined in the below terms) or legal requirements to transact business (provide or use the services commercially). You may also register for an Account using your existing social network account (facility available only for those social networks as provided by VALUERELAY website) and log-in credentials (your "Third-Party Site Password").
You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your VALUERELAY User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person.
In the spirit of fairness, you may not have or control more than one active VALUERELAY User ID and participate in Competitions hosted in the website. If we determine, in our sole discretion, that you are operating under more than one VALUERELAY User ID, we may disqualify you from any Competition without notice and revoke access to your VALUERELAY User ID.
You are solely responsible for safeguarding your VALUERELAY password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify VALUERELAY immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without VALUERELAY’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.
An Account holder is sometimes referred to herein as a "Registered User."
Your use of the Services is subject to the following restrictions:
You represent, warrant, and agree that you will not contribute any Content (The materials displayed or performed or available on or through the Website, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth) or User Submission (Anything you post, upload, share, store, or otherwise provide through the Website is your “User Submission.”) or otherwise use the Website or interact with the Website in a manner that:
You acknowledge and agree that you shall comply with the following additional conditions
1. PROHIBITIONS ON SUBMITTED CONTENT
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 ("Profile"), the posting of your Service ("Offer"), the posting of your desired Service ("Want"), 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 sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:
2. PROHIBITIONS ON SENDING MESSAGES
You will not send messages to other users containing:
Offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or unsolicited advertising or marketing of a service not offered on the Website or an external website.
3. NO DISCRIMINATION
i). Discriminatory Postings. Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. VALUERELAY will not knowingly accept any Posting which is in violation of the law. VALUERELAY has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.
ii). PROHIBITIONS WITH RESPECT TO SERVICES
While using the Website, you shall not:
Moderator oversees the communication activity of a forum (topics / knowledge tree, Competitions, Questions and clarifications etc). He monitors the contributions / posts of users and makes decisions regarding selection and presentation of the content for the benefit of intended users of the forum. Moderator can select the posts for display to intended users, edit the posts (minor changes in language regarding spelling / readability / prohibited content etc.), arrange the posts and delete irrelevant posts to keep the relevant forum organized. The user shall be responsible for his submissions and the moderator shall be responsible for the changes made by him on the user submissions. The website may have process to identify the original user submitted content and the content after moderator changes.
The decision of the moderator shall be final unless specified in the rules of the forum (for example in customer hosted competitions the final winners may be selected by the customer though the potential winners list is provided by the moderator).
Only certain registered users who are selected as moderators by VALUERELAY can act as moderators. One of the criteria for being conferred as moderator may be the points gathered in the relevant forums. The moderator needs to satisfy other criteria like providing documentary proofs for Identity & address, professional qualifications if any, bank account details and agreed to other verification procedures as may mandated from time to time.
Moderators of competitions cannot participate and provide submissions in those specific competitions for which they are moderators. Even if they participate their submissions would not be considered for selection of winners.
Moderators of Topics can post contributions to topics for which they are moderator however their contribution needs to be validated by other users before it is selected for final posting.
Any complaint / disputes regarding the moderator needs to be raised to firstname.lastname@example.org and the decision of VALUERELAY in this regard shall be final.
Only moderators have the privilege to take up customer assignments which require the services of a team / group of service providers.
The moderator for customer assignments can either
The decision of the moderator shall be final in this regard.
VALUERELAY will arrange for payments to the team members in group assignments as per the amounts agreed by them with the moderator for the assignment and as approved by the moderator with regard to the above conditions.
The participant service providers and service users in a group assignment understand and agree to the above conditions. Further they absolve VALUERELAY from any disputes in this regard as VALUERELAY has no obligation to become involved in disputes between users or between users and any third party relating the use of the services.
Any representations made by the service provider regarding the conduct of the moderator to VALUERELAY shall be reviewed to ascertain whether the moderator can be allowed to continue enjoying the moderator privileges in the light of the facts. However the decision of VALUERELAY shall be final in this regard.
E. Rules for Service Professionals
In case we realize that any professional is involved in any of the above activities, VALUERELAY holds the sole discretion to blacklist the professional and withhold any outstanding credits or payments to the professional.
It is further clarified that your registration on the Website shall be deemed to be your consent to be contacted for the purposes mentioned above, (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
If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, VALUERELAY, in its sole discretion, may take any of the following actions: (a) cancel the Assignment; (b) limit the Service Professional's Account privileges; (c) suspend the Service Professional's Account; (d) cause the Service Professional to forfeit any fees earned on a cancelled assignment; and/or (e) decrease the Service Professional's status earned via the Feedback page.
The process for providing commercial service involves the following steps:
1. Applying for registration on the Website;
2. Submission of documents in support proof of identity & address, bank account details for transfer of payment and professional certification & professional membership with the appropriate regulatory body (if certification is required by customer)
3. Verification of documentation, telephone conversation to the person applying for registration,, personal discussion, membership search with the concerned regulatory body or verification of any other nature as the case may be;
4. Approval of registration upon satisfaction of authenticity of information and documents which leads to eligibility of a person to provide commercial services through the Website.
• The Professional agrees that a mere registration with the Website does not give a right to provide commercial services through the Website. The Professional can provide commercial services through the website only on the communication of approval by VALUERELAY to the Professional.
(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 with the intention of disrupting a Service; or (d) misuse any options made available now or in the future by VALUERELAY in connection with the use or purchase of any Service.
If a Service User violates any of the above-referenced rules in connection with his or her Posting, VALUERELAY, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (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.
For the purpose of validating the identity of and the details provided by the Customer, the Customer agrees that the Company may,
In the event identity and/or details provided by the Client are found to be incorrect and/or false through verification by the Company or the Company is unable to verify, the Client Account shall be, at the sole discretion of the Company, closed, suspended or limited to access.
G. Use of Submitted Content
1. NO CONFIDENTIALITY
The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your postings / contributions to topics, competitions, Questions and clarifications, other forums, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, VALUERELAY does not guarantee any confidentiality with respect to any Submitted Content.
You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non-confidential basis. You agree that VALUERELAY shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a doctor or a lawyer) is not extended to VALUERELAY.
VALUERELAY may also disclose user information including personal information if VALUERELAY reasonably believes that 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 VALUERELAY’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).
2. YOUR REPRESENTATIONS AND WARRANTIES
3. YOUR OWNERSHIP RIGHTS AND LICENSE TO VALUERELAY
If you win a Competition, your Competition Entry for such Competition will be subject to further licensing as set forth in the Competition Rules. If the Competition Rules do not specify the rights granted in the Winning Entry to the Host User, then the Participant User hereby grants VALUERELAY a worldwide, perpetual, irrevocable, royalty-free, transferrable, nonexclusive license to fully exploit the Winning Entry.
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 also acknowledge and understand that your submitted content may have to be modified for presentation purposes to the users of the content.
You may remove your Submitted Content from the Website at any time before it is reviewed by other users (including moderator) subject to the functionality of the website. However if you need to remove your previous submitted content which has been reviewed by others users (including moderator) or published for users / public view then you may have to make a specific request as per the functionality of the website (to the relevant moderator) to remove the same after citing appropriate reasons.
4. VALUERELAY'S DISCLAIMERS AND RIGHT TO REMOVE
2. You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that VALUERELAY is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against VALUERELAY with respect thereto, and agree to indemnify and hold VALUERELAY, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
3. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that VALUERELAY may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
If you send or transmit any communications, comments, questions, suggestions, or related materials to VALUERELAY, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and VALUERELAY is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that VALUERELAY is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
H. Copyright Infringement Take Down Procedure
VALUERELAY has high regard for intellectual property and expects the same level of standard to be employed by its users. VALUERELAY may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.
If you believe that 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
(i) 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;
(ii) 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 VALUERELAY to locate the material.;
(iii) 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;
(iv) information reasonably sufficient to permit VALUERELAY 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;
(v) 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
(vi) 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. A statement by you comprised of the foregoing points is referred to herein as the "Notice."
I. Modifications to or Termination of Website
1. MODIFICATION OR CESSATION OF WEBSITE
VALUERELAY 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. You agree that VALUERELAY shall not be liable to you or to any third party for any modification, suspension or discontinuance of VALUERELAY services.
2. TERMINATION BY VALUERELAY
3. TERMINATION BY YOU
4. EFFECT OF TERMINATION
Unless VALUERELAY has previously cancelled or terminated your use of the Website (in which case subsequent notice by VALUERELAY shall not be required), if you provided a valid email address during registration, VALUERELAY will notify you via email of any such termination or cancellation, which shall be effective immediately upon VALUERELAY '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 VALUERELAY Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that VALUERELAY shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, VALUERELAY 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 VALUERELAY hereunder shall remain in effect for the foregoing purpose. In no event is VALUERELAY obligated to return any Submitted Content to you. Sections I, J, K, L, M, N, O, P, Q, R, S, and T, shall survive expiration or termination of the Website or your Account.
You agree to indemnify and hold VALUERELAY, 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.
J. Intellectual Property Rights
1. VALUERELAY 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 VALUERELAY. 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. VALUERELAY 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.
2. VALUERELAY 'S LICENSE TO YOU FOR THE USE OF DATA AND MARKS
The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
K. RELATIONSHIP, PRICING, INVOICING AND FEES
VALUERELAY adds a project fee markup, third party escrow fees (if any), loss on currency fluctuation (where Valuerelay holds the payment from foreign customer till service completion is certified by the customer), Payment Gateway / bank charges (debit /credit card charges if any, payment gateway /bank transfer charges, PayPal charges for transaction fees and Currency conversion fee if any for collection from customer, etc.) related taxes (GST), , as applicable, to the fees quoted by the service providers, when the final price is quoted for receiving payment from the customer.
Third Party Service provider invoicing with his name:
In the case of individual service providers and affiliated third party service providers wherever the option is available (customer agrees for third party service provider billing and third party service provider is legally competent to provide his service through the ecommerce platform in his name ie. If he is providing services from India he needs a registered GST number in his name) the third party service providers can provide the invoicing in their name.
In the case of individual service providers wherever the option for third party invoicing is not available and in the case of group service providers the invoicing shall be in the name of VALUERELAY. However the role of VALUERELAY in these cases is that of a pure facilitator and it acts as an intermediary in trading the services except to the extent where it provides value added services with its own resources (which is expressly mentioned in the offer / terms).
1. FEES INCURRED BY SERVICE PROFESSIONALS AND PAYMENT TO SERVICE PROFESSIONAL
Joining VALUERELAY, opening an Account, viewing posted assignments and applying for assignments is free.
Where the payment is made to service professional any bank charges or payment gateway charges (as appropriate) are involved in sending the payment the same shall be deducted from the Service professional’s fees.
Where third party escrow is involved and the service provider would like to contest the dispute with the service user the relevant dispute resolution fees charged by the third party escrow service provider shall be paid by the service professional.
Where third party escrow is not involved and the service provider would like to contest the dispute with the service user any relevant charges incurred by VALUERELAY in arranging for dispute resolution service shall be paid by the service provider.
VALUERELAY reserves the right at its sole discretion to charge fees to Service Professionals for other services that VALUERELAY may provide in the future.
VALUERELAY makes the payment to service professional once the Service user certifies the receipt of service as per the agreed requirements. The payments shall be made as per VALUERELAY payment cycle which is currently bi-monthly ie. the payment would be made after the service is completed and the next bi-monthly payment cycle is at least 3 working days from the completion.
2. FEES INCURRED BY SERVICE USERS
Joining VALUERELAY, opening an Account, Posting job requirements, and receiving proposals from registered users is free.
The service user shall pay the price as agreed (inclusive of all the charges mentioned in pricing above as appropriate) at the time of contracting for the service.
The refunds of payments to service users are subject to refund policy as given below.
Changes to this Fee Policy are effective after VALUERELAY has provided you with Fifteen (15) days' notice by posting the changes on the Website.
You understand that we are acting solely as an intermediary for the collection of fees between a Service User and a Service Professional who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, 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 either hosts or guests. Further, you understand that VALUERELAY shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Professional.
Cancellation of Orders
We understand that there may be a scenario wherein cancelling an Order is the only possible solution. Cancellation of Orders therefore shall be based on the following scenarios by writing to us:
Please note that You are required to intimate Us of the Professional's unavailability as soon as you are aware of the unavailability or within the agreed milestone review of placing an Order whichever is earlier. Should we not receive such intimation, we shall assume that the Professional you have chosen would be providing You the services you ordered.
Refund against Orders
Refund of your money against an Order shall be made in the following scenarios:
You will also not be eligible for refund if You choose to wait for receiving the services of the Professional chosen by You, without intimating Us.
We will have our Quality Control Team (QCT) review the services of the Professional. Please note that if the QCT finds that the Professional's services are not of the industry's standards, You will be eligible for refund. In any event, the decision of the QCT is final.
Refund payments processing
Please note that all refunds shall be made only upon a refund request made by You in accordance with this policy.
The refunds shall be subject to the following deductions as applicable and shall be made to the bank account / debit or credit card/ Paypal account from which the payment was made.
If third party escrow is involved then they may have their own rules and the payment would be processed subject to their rules. You are suggested to understand the relevant third party escrow rules before entering into transaction with the escrow provider.
Please note further that the time taken for processing a refund shall be subject to the processing time taken by the banks supporting the payment gateways. The time taken therefore may be 10 days or more depending on such banks. We will strive to intimate you of this timeline when You place a request for Refund with Us.
Write to us
In the event of Cancellation of an Order or Refund against an Order based on the scenarios mentioned in this Policy, please write to us at firstname.lastname@example.org with appropriate subject such as "Seeking cancellation of Order Number ----" or " Seeking refund against Order Number ----". One of our personnel will get in touch with You to provide a suitable solution.
You should not rely on any information or resources contained on the Website, including, without limitation, the process for using quality control team, as a replacement or substitute for any professional, financial, legal or other advice or counsel. VALUERELAY makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Websites, including, without limitation, the process for quality control. In no way will VALUERELAY be responsible for any actions taken or not taken based on the information or resources provided on this Website. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Website, however provided.
VALUERELAY IS NOT A PARTY TO ANY SERVICE CONTRACT
Each Registered User hereby acknowledges and agrees that VALUEREAY is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website. Each Registered User acknowledges, agrees and understands that VALUERELAY only seeks to provide a platform wherein the Service User and Service Professional can be brought together and VALUERELAY itself has not role in the execution or provision of Services.
NO AGENCY OR PARTNERSHIP
DISPUTES BETWEEN REGISTERED USERS
Subject to the provisions regarding disputes between Website participants in connection with Feedback, 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.
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 VALUERELAY 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. While VALUERELAY may attempt to seek information about the background of a Service Professional, either via a telephonic or in-person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, personalised website, LinkedIn, Twitter etc., you understand that Service Professionals may register themselves suo moto. You also understand that any so called background check undertaken by VALUERELAY 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 and keep in mind the fact that VALUERELAY only seeks to provide a platform wherein Service Users and Service Professionals have an opportunity to meet each other.
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SINCE VALUERLAY only seeks to provide a platform wherein the Service User and Service Professional can be brought together and VALUERALY itself has not role in the execution or provision of Services ITSELF, VALUERELAY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE WEBSITE, OR BETWEEN REGISTERED USERS OR ANY WEBSITE USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT VALUERELAY IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE WEBSITE USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE VALUERELAY, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER.
L. Dispute Resolution
The said arbitration proceedings shall be governed and construed in accordance with the Arbitration and Conciliation Act, 1996 and modifications thereof as in force at the relevant time.
1. GOVERNING LAW
Aspects of the Website and other VALUERELAY services may be supported by advertising revenue. As such, VALUERELAY may display advertisements and promotions on the service. The manner, mode and extent of advertising by VALUERELAY on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by VALUERELAY of any advertised products or services. You agree that VALUERELAY 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.
N. Third-party Links, Contact Forms and Phone Numbers
O. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND VALUERELAY 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. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. VALUERELAY DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. VALUERELAY DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. VALUERELAY 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.
P. Limitations of Liability
1. IN NO EVENT SHALL VALUERELAY, 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 VIA 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, TROJAN HORSES, OR 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 VALUERELAY 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.
2. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF VALUERELAY, 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 VALUERELAY BY YOU HEREUNDER.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT VALUERELAY SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT VALUERELAY SHALL NOT BE LIABLE 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 OR RELATING TO ANY CONTRACT BETWEEN WEBSITE USERS ENTERED INTO INDEPENDENTLY OF THE WEBSITE.
3. FORCE MAJEURE
Q. Indemnification and Release
IF YOU HAVE A DISPUTE WITH ONE OR MORE WEBSITE USERS, YOU FOREVER RELEASE VALUERELAY (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR ANY SUBMITTED CONTENT.
R. No Third-party Beneficiaries
T. General Information
2. STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.