Terms of Use

Terms of Use

This terms of Use Agreement was last updated: 12th August 2019. This Terms of Use agreement is effective as of 12th August 2019.

  1. Acceptance of Terms of Use

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.

These Terms and Conditions of Use and any additional terms including Privacy Policy posted on this Site together constitute the entire legal agreement between VALUERELAY and you with respect to your use of and participation in (i) the VALUERELAY website, including the classified advertisements, forums, various email functions and Internet links, and all content and VALUERELAY services available through the domain and sub-domains of VALUERELAY located at www.valuerelay.com (collectively referred to herein as the "Website"), and (ii) the online transactions between those users of the Website who are offering services (each, a "Service Professional") and those users of the Website who are obtaining services (each, a "Service User") through the Website (such services, collectively, the "Services"). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website, including users who are also contributors of information, private and public messages, advertisements, and other materials or Services on the Website.

You acknowledge that the Website serves as a venue for the online distribution and publication of user submitted information among Website users and an online marketplace for Service Professionals, businesses and Service Users, and, by using, visiting, registering for, and/or otherwise participating in this Website, including the Service requests presented, promoted, and displayed on the Website, and by clicking on "I have read and agree to the terms of use," you hereby certify that: (1) you are of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity), 2) you will be financially responsible for your use of the Website and the purchase or delivery of services; and (3) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website.

If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website immediately.

Modifications of Terms of Use and /or Privacy policy

 

VALUERELAY reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and VALUERELAY will post the amended Terms of Use at the domain of www.valuerelay.com/terms-of-use. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website.

Privacy Policy

VALUERELAY has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy.

 

The Privacy Policy is located at: www.valuerelay.com/privacy-policy

 

  1. Grant of Access and Account Eligibility

 

License to access

VALUERELAY hereby grants you a non-exclusive, revocable license to access and use the services as set forth in the Terms of Use; provided, however, that (i) You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of VALUERELAY Content in whole or in part except as expressly authorized by us; and (ii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

 

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:

  1. Infringes or violates the intellectual property rights or any other rights of anyone else (including Valuerelay);
  2. Violates any law or regulation, including any applicable export control laws;
  3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. Jeopardizes the security of your Valuerelay account or anyone else’s (such as allowing someone else to log in to the Website as you);
  5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  6. Violates the security of any computer network, or cracks any passwords or security encryption codes;
  7. Runs Maillist, Listserv, any form of auto-responder or “spam” on the Website, or any processes that run or are activated while you are not logged into the Website, or that otherwise interfere with the proper working of the Website services (including by placing an unreasonable load on the Website Services’ infrastructure);
  8. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Website Services or Content (through use of manual or automated means);
  9. Copies or stores any significant portion of the Content;
  10. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Website Services.

You acknowledge and agree that you shall comply with the following additional conditions

  1. You will not copy or distribute any part of the Website in any medium without VALUERELAY's prior written authorization.
  2. You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
  3. You shall not recruit, solicit, or contact in any form Service Professionals or Service Users for employment or contracting for a business not affiliated with VALUERELAY without express written permission from VALUERELAY.
  4. You shall not take any action that (i) unreasonably encumbers or, in VALUERELAY's sole discretion, may unreasonably encumber the Website's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses VALUERELAY's measures that are used to prevent or restrict access to the Website.
  5. You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

Your access to, use of, and participation in the Website is subject to the Terms of Use and all applicable VALUERELAY regulations, guidelines and additional policies that VALUERELAY may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that VALUERELAY publishes on the Website (the "Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, VALUERELAY, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.

 

  1. User Conduct

 

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:

  • misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any Service Professionals; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 ("Minor") in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;
  • invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
  • contains falsehoods or misrepresentations that could damage VALUERELAY or any third party;
  • is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
  • is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant VALUERELAY all of the license rights granted herein;
  • contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
  • is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
  • intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a VALUERELAY employee, agent, manager, host, another user, or any other person though any means;
  • advertises or solicits a business not related to or appropriate for the Website (as determined by VALUERELAY in its sole discretion);
  • contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
  • contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
  • distributes or contains viruses or any other technologies that may harm VALUERELAY, or the interests or property of VALUERELAY users
  • contains links to commercial services or websites, except as allowed pursuant to the Terms of Use; is non-local or irrelevant content;
  • contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of VALUERELAY

 

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:

  • post content or items in any inappropriate category or areas on the Website;
  • violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;
  • fail to deliver payment for Services purchased by you, unless the Service Professional has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Professional's identity;
  • fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User's identity; manipulate the price of any Service or interfere with other users' Postings;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to VALUERELAY; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user);
  • take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website);

 

4. FEEDBACK

  • As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of 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; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.
  • 1. Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, VALUERELAY, 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; and/or (iv)decrease your status earned via the Feedback page.
  • 2. Reporting Inappropriate Use of Feedback. You may contact VALUERELAY regarding any inappropriate use of Feedback via-email at support@valuerelay.com.
  • 3. Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning Feedback, VALUERELAY shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE CONCERNING FEEDBACK, VALUERELAY 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.
  • The foregoing lists of prohibitions provide examples and are not complete or exclusive. VALUERELAY reserves the right to (a) terminate your access to your Account, your ability to post to this Website (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that VALUERELAY determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services. VALUERELAY reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that VALUERELAY deems appropriate in VALUERELAY 's sole discretion. VALUERELAY may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at VALUERELAY 's discretion, VALUERELAY will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet. VALUERELAY does not and cannot review every Posting posted to the Website. These prohibitions do not require VALUERELAY to monitor, police or remove any Postings or other information submitted by you or any other user.

 

  1. Moderator, Rules and Customer Assignments – Group setting.

 

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 support@valuerelay.com 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

  1. Reduce the agreed payment to the service provider up to 25% if the services of the service provider are not satisfactory and the moderator had to personally or through other service providers compensate for the deficiencies or
  2. Deny the payment to the service provider if the service provider has not performed any service which was agreed or if the services or totally unsatisfactory. However in that case the moderator shall record the specific reason clearly and not use those services in any way in the final deliverables to the customer.

 

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 / Business concerns

 

  1. PROFILES AND OFFERS MUST NOT BE FRAUDULENT

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals / business concerns shall not: (a) Offer to provide a service that they are not capable of executing due to legal or other limitations; (b) misrepresent their location in their profile; (c) include brand names or other inappropriate keywords in their Profile, Offer, Want, Feedback, or any other title or description relating to a Service; (d) use misleading titles that do not accurately describe the Service; or (e) include any information in their Profile that is fraudulent.

  1. PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT VALUERELAY FEES

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals / business conerncs shall not: (a) offer a catalog or a link to a third-party website from which Service Users or any Registered User or user of the Website may obtain the Service directly; (b) offer the opportunity through VALUERELAY to purchase the Service or any other service outside of VALUERELAY; (c) use their Profile page or user name to promote services not offered on or through the Website and/or prohibited services.

In case we realize that any professional / business concern is involved in any of the above activities, VALUERELAY holds the sole discretion to blacklist the professional / business concern and withhold any outstanding credits or payments to the professional / business concern.

  1. PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL WEBSITE USERS

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) solicit Service Users to mail cash or use other payment methods not specifically permitted by VALUERELAY as approved payment methods; (b) include links that do not conform to VALUERELAY's policies with respect to third-party links; (c) use certain types of HTML and JavaScript in Postings, your Profile page, your Offers, or your Wants; (d) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings; (e) use profanity in any Posting; (f) acknowledge or credit a third-party service professional for services or products directly connected with your particular Posting; (g) include third-party endorsements in a Posting; or (h) create a Posting that does not offer a Service.

  1. CONSENT FOR REACHING OUT VIA PHONE CALL, SMS, EMAIL OR ANY OTHER FORM OF ELECTRONIC COMMUNICATION

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

  1. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS / Business concerns

If a Service Professional / Business concern 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.

  1. REQUIREMENTS FOR PROVIDING COMMERCIAL SERVICE  THROUGH THE WEBSITE

 

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 /Business concern 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 Professiona / Business concern.

 

 

  1. Rules for Service Users

 

  1. SERVICE USERS SHALL NOT TAKE ANY OF 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 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.

  1. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS

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.

  1. IDENTITY / KNOW YOUR CUSTOMER

For the purpose of validating the identity of and the details provided by the Customer, the Customer agrees that the Company may,

  1. Directly and/or through third parties, verify and/or make such inquiries considered necessary by the Company.
  2. Verify information against third party databases.
  3. Seek information from the Client or other third parties further to the details provided by the Client at the time of registration.

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

You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize VALUERELAY to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Website.

3. YOUR OWNERSHIP RIGHTS AND LICENSE TO VALUERELAY

You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to VALUERELAY for posting on the Website, you hereby grant, and you represent and warrant that you have the right to grant, to VALUERELAY a perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to link to, use, modify (for presentation and technical purposes), reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Website and VALUERELAY 's (and its successor's) business operations, including without limitation, for the promotion and redistribution of any part or all of the Website, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your Submitted Content through the Website, and to use, modify (for presentation and technical purposes), reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete the Submitted Content from the Website.

 

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

1. VALUERELAY does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and VALUERELAY expressly disclaims any and all liability in connection with all Submitted Content. VALUERELAY does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and VALUERELAY will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the "take down" notification procedure described in Section H below, that such Posting or Submitted Content infringes on another's intellectual property rights. VALUERELAY reserves the right to remove any Data or Submitted Content without prior notice. VALUERELAY will also terminate a user's access to the Website, if he or she is determined to be a repeat infringer. A repeat infringer is a Website user who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the Website more than twice. VALUERELAY also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. VALUERELAY may remove such Submitted Content and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.

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.

 

5. SUGGESTIONS.

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 support@valuerelay.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."

Only the intellectual property rights owner is permitted to report potentially infringing items through VALUERELAY's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

 

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

You hereby acknowledge and agree that VALUERELAY, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content on the Website ("Termination of Service"), immediately and without notice, for any reason, including without limitation, Account inactivity or if VALUERELAY believes or has reason to believe that you have violated any provision of the Terms of Use.

 

3. TERMINATION BY YOU

You may cancel your use of the Website and/or terminate the Terms of Use with or without cause at any time by following the link in your Account under "Account Preferences" to "Deactivate Account."

 

4. EFFECT OF TERMINATION

Upon termination of your Account, your right to participate in the Website, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Website, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Website. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the VALUERELAY system.

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 contains VALUERELAY 's Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and VALUERELAY owns and retains all rights in the VALUERELAY Data and Marks. Subject to these Terms of Use, VALUERELAY hereby grants you a limited, revocable, nontransferable, nonsublicensable license to reproduce and display the VALUERELAY Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Website.

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

 

RELATIONSHIP

  1. This Agreement sets out the terms and conditions for the Client to avail the Services of Professionals / business concerns through this Website. This Agreement does not establish any binding relationship between the Client, the Company or the Professional / business concern such as partnership, joint venture or employment, etc. The Professional and the Client shall be independent contractors and the Company shall be an intermediary facilitating the provision and availing of Services.
  2. The Company does not have any power, rights or authority to act for, represent, bind or incur obligations on behalf of the Client or the Professional / business concern providing the service / product.
  3. The Client chooses the Professional from the list of professionals who apply through the website in response to the requirements posted and as such there would be no liability on the Company for any deficiency in service or shortcoming of the Professional.

 

PRICING

 

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.

 

INVOICING

 

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) the third party service providers may provide the invoicing in their name.

 

Valuerelay Invoicing:

 

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.

 

Wherever VALUERELAY Collects the payment from the customer in advance as part of an escrow arrangement then 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.

If applicable, you agree to pay all fees or charges to your Account based on VALUERELAY's fees, charges, and billing terms then in effect. If you do not pay on time or if VALUERELAY cannot charge your credit card, any payment gateway or other payment method for any reason, VALUERELAY reserves the right to either suspend or terminate your access to the Website and Account and terminate these Terms of Use. You are expressly agreeing that VALUERELAY is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Website and the fees will be billed to your credit card, a payment gateway or other payment method designated at the time you make a purchase or register. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that VALUERELAY may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. VALUERELAY reserves its right to initiate appropriate legal proceedings, if necessary, in its sole discretion, to recover such outstanding amounts.

 

3. TAXES

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.

 

  1. REFUND POLICY

 

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:

  • Professional is unable to take on the Order
    There may be times when the Professional You choose is unable to fulfill your Order owing to other assignment commitments which preclude him performing to the best of his ability for your Order. If this scenario occurs, You shall intimate us and we may allow you to post your requirement again seeking fresh request for proposal or we may provide You with a second Professional or third party service provider who may have qualifications identical or similar to the Professional whom You initially chose. Should such a second Professional or third party service providers are not available, we will take in your request to cancel the Order.

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:

  • Professional is unable to take on the Order In the event that the second Professional or third party service provider is not available, we will refund your money. However, please note that if the second Professional or third party service provider is available and You choose not to receive such second Professional's services, You will not be eligible for a refund.

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.

  • Professional's services are not satisfactory
    Should you have any complaints regarding the quality of services rendered by a Professional, please write to 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.

  1. Third party escrow fees (if any) incurred by VALUERELAY and which is not refundable by the escrow provider.
  2. Any loss on currency fluctuation (where Valuerelay holds the payment from foreign customer till service completion is certified by the customer)
  3. Payment Gateway / bank charges (debit /credit card charges if any, payment gateway /bank transfer charges, PayPal charges for transaction fees and Currency conversion fee, etc.) if any related to the payment

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 support@valuerelay.com 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 no role in the execution or provision of Services unless expressly agreed to in the contract with the customer.

NO AGENCY OR PARTNERSHIP

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Website, including without limitation, the Negotiation Worksheet or Agreement for Service. You do not have any authority whatsoever to bind VALUERELAY in any respect. All Service Professionals are independent contractors. Neither VALUERELAY nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

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

If a dispute arises between you and VALUERELAY, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and VALUERELAY hereby agree that we will resolve any claim or controversy at law and equity that arises out of the Terms of Use or the Website in accordance with this Section L or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at support@valuerelay.com. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. The arbitration tribunal shall consist of three arbitrators. Two of the three arbitrators shall each be selected by you and VALUERELAY. The two arbitrators so selected shall in turn appoint a third arbitrator who shall be the Presiding Arbitrator for the purposes of the arbitration proceedings. The venue and seat of arbitration shall be Chennai. The arbitration proceedings shall be in the English language. The award of the Presiding Arbitrator shall be final and binding

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

The Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Chennai, India.

 

M. Advertisements

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

The Website may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Website using your existing account and log-in credentials for such third-party websites. Certain areas of the Website may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Website to be shared with your contacts in your third-party site account. Because VALUERELAY has no control over such sites and resources, you acknowledge and agree that VALUERELAY is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Website, links to third-party sites should in no way be considered as or interpreted to be VALUERELAY's endorsement of such third-party sites or any product or service offered through them. You further acknowledge and agree that VALUERELAY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. The Third-party website may have different privacy policies and terms and conditions and business practices than VALUERELAY. In certain situations, you may be transferred to a Third-party website through a link or connected to a Third-party resource by a contact form or phone but it may appear that you are still on this Website or transacting with VALUERELAY. In these situations, you acknowledge and agree that the Third-party website terms and conditions and privacy policy apply in this situation. Your dealings and communications through the Website with any party other than VALUERELAY are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

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.

THE WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY VALUERELAY. VALUERELAY DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. IN ADDITION, VALUERELAY WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE VALUERELAY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRDPARTY WEBSITE. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE WEBSITE.

3. FORCE MAJEURE

Neither VALUERELAY nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

Q. Indemnification and Release

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS VALUERELAY, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE WEBSITE; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE.

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.

THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY VALUERELAY WITHOUT RESTRICTION.

R. No Third-party Beneficiaries

You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

S. Notice

You agree that VALUERELAY may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website.

T. General Information

1. ENTIRE TERMS OF USE

The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by VALUERELAY on the Website, shall constitute the entire agreement between you and VALUERELAY concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and VALUERELAY's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

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.