Terms Of Service

  • These terms and conditions (these “Terms of Service“), govern your access to and use of the whosemong.com, including any service , functionality and services offered on or through freelancing.shop (the “Site“). Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not agree to these Terms of Service or the Privacy Policy or are not legally qualified to enter into contracts, you must not access or use the Site. Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service.
  • DEFINITIONSIn this Agreement including the recitals, the following words shall have the following meanings:
    • “Agreement”: shall have the meaning ascribed to it in the preamble.
    • “Creative service”: shall mean and include the service including write ups as required by service purchasers through the Platform.
    • “service Providers”: shall mean the individuals or companies who are engaged in the profession of service writing, who shall write Creative service for and on behalf of various customers/companies who shall approach the service Providers through the Platform.
    • “Intellectual Property Rights”: shall mean and include any rights, copyrights, design rights, patents, designs, registered designs, trademarks, service marks (or an application for any of these), trade secrets, knowhow, data base rights, moral rights, trade or business names and any other rights of a similar nature and any licenses under or in respect of such rights.
    • “Platform”: shall mean the platform which is an internet based software which caters to the need of service requirement of various service purchasers. The platform shall connect the service Providers and the service purchasers on a common footing where the sale and purchase of Creative service will take place under a real time bidding process.
  • SERVICES AND GENERAL TERMS
    • groupofpeoples.com hereby provides non-exclusive, limited, non-assignable, revocable access to the Platform to the service purchaser which enables the service purchaser to purchase Creative service from service Providers. The sole obligation of the Platform is to connect the service Providers and the service purchasers for facilitating sale and purchase of Creative service through the Platform on the basis of real time bidding procedure time (hereinafter referred to as “Services”). groupofpeoples.com may charge the service purchaser for its Services in future which will be duly communicated to the service purchaser.
    • groupofpeoples.com shall charge commission @ 10% on the withdrawal amounts of the service Provider plus service tax and any other tax, as applicable.
    • Subject to Section 11 (“Confidentiality”) and upon receipt of the service purchaser’s express consent, groupofpeoples.com shall have the right to use service Providers in performance of its obligations and the Services hereunder.
    • Violation of groupofpeoples.comTerms of Service may get your account disabled permanently.
    • Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
    • groupofpeoples.com reserves the right to put any account on hold or permanently disable accounts due to breach of these terms or any illegal or inappropriate use of the Site or Services. Users with accounts on hold will not be able to sell or buy on whosemong.com
    • groupofpeoples.com may modify its Terms of Service from time to time. Any changes will be effective immediately upon posting.
    • You understand and agree that if you use whosemong.com after the date on which the Terms of Service have changed, whosemong.com will treat your use as acceptance of the updated Terms of Service.
  • PAYMENT FOR SERVICES AND ORDERING
    • The service purchaser will be required to make an advance payment to groupofpeoples.com through the online payment gateway provided on the Platform bywhosemong.com Once payment is confirmed, the service purchaser will be able to assign his order to the chosen service Provider. The service purchaser will be able to purchase the Creative service to the maximum value of such advance payment made by it. Once such advance payment has been exhausted, the service purchaser will be required to replenish the advance payment as and when necessary to make new purchases of Creative service from the Platform. The advance payment will be used to purchase the Creative service from the service Providers.
    • As a buyer, the service purchaser’s identity is kept anonymous at all times. To protect its privacy, avoid requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact information to communicate outside of groupofpeoples.com.
    • The service purchaser shall not pay, or make payment using any method other than through the groupofpeoples.com to pay the service Provider.
    • service purchaser shall not pay the service Provider directly using any method other than ordering through the vorder page.
    • Once the Creative service is sent to the service purchaser, it may accept, return or decline the Creative service . If the Creative service is returned for rework, the service Provider shall make necessary changes to the same and send it again to the service purchaser. In the event the service purchaser chooses the “decline” option that would signify that the Creative service is absolutely below expectation and the service purchaser is not desirous of making any payment to the service Provider.
    • Once the service purchaser has chosen the “decline”, the service Provider if aggrieved by such decision will refer a dispute to the groupofpeoples.com arbitrator, who shall decide the dispute on the basis of the facts and merits of the case and the arbitrator’s decision shall be final and binding between the parties
  • Handling Orders:
    • service Providers are required to meet the delivery time agreed with service purchaser. Failing to do so will allow the service purchaser to cancel the order and may affect the service Provider’s overall rating and review.
    • Both service Provider and service purchaser have the option to cancel an order. Such cancellations have negative effect on rating on the side that initiated cancellation.
    • Unanswered mutual cancellation requests will automatically be accepted after 48 hours.
    • A service Provider may cancel an order without the service purchaser’s consent at any given moment (Force Cancellation). However, this will have a negative effect on the service Provider’s rating and levels of eligibility.
  • REPRESENTATIONS AND WARRANTIES OF THE SERVICE PURCHASERAs of the Effective Date and at all times thereafter, the service purchaser represents and warrants that:
    • not to use the Creative service for any illegal purposes or in any way offensive in manner, including to violating the applicable laws of the land;
    • will not order for Creative service which may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political and which facilitate betting and gambling;
    • provide the service Provider with all necessary, accurate information with regard to its requisition for the preparation of the Creative service by the service Provider;
    • not holdgroupofpeoples.coms  responsible in any manner whether directly or indirectly for any Intellectual Property infringement of the Creative service ;
    • it is a duly organized and validly existing under the laws of India and has all legal power and authority to execute this Agreement and carry out the terms, conditions and provisions hereof;
    • the execution, delivery and performance of this Agreement has been duly authorized by all requisite corporate and other actions and will not violate or contravene any material provisions or requirements of any government instrumentality or any rule, regulation, statute or ordinance or other applicable laws or approvals, or violate or contravene any provisions of its charter or bye-laws or any indenture, agreement, document or instrument to which it is a party or by which it or its property may be bound or affected;
    • no representations or warranty by service purchaser contained herein or in any other agreement by service purchaser to groupofpeoples.com  contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make such representation or warranty not misleading in light of the circumstances in which it was made; and
    • it shall abide by an appropriate privacy policy and will comply with all applicable laws relating to the collection and use of Creative service purchased from the Platform. service purchaser shall protect and hold harmless groupofpeoples.com and its partners, officers, shareholders and affiliates from any and all liability which may arise in connection with the service purchaser’s conduct, including, in connection with or a result of matters relating to privacy.
  • REPRESENTATIONS AND WARRANTIES OF groupofpeoples.comAs of the Effective Date and at all times thereafter, groupofpeoples.com represents and warrants that:
    • there are no claims, disputes, actions, suits or proceedings, including, without limitation, suits for any Intellectual Property infringement, pending or, to the knowledge of whosemong.com, threatened against or affecting the rendering of the Services under this Agreement;
    • the Services rendered by groupofpeoples.com shall not violate the Intellectual Property Rights of any third party;
    • if the Services include any third party software, it shall be solely responsible for obtaining licenses to such third party software if such software is not already in such parties’ possession, including the right to use the same for implementing it in the Services;
  • REPRESENTATION AND WARRANTIES OF SERVICE PROVIDER
  • As of the Effective Date and at all times thereafter, service Provider represents and warrants that:
    • it shall provide the Services in a workmanlike manner and shall adhere the requirements of the service purchaser and endeavor to adhere to the timelines decided with the service purchaser;
    • it shall ensure that no third party Intellectual Property Right is infringed with regard to the Creative service and does not and will not constitute a defamation or invasion of the rights of privacy or publicity of any third party;
    • the license granted to the service purchaser herein shall be exclusive. The service Provider warrants and represents that (i) the Creative service has not previously been used displayed performed, published, transmitted, distributed, advertised, demonstrated, promoted or otherwise exploited, directly or indirectly by or to the public and (ii) during the agreement and thereafter, the Creative service will not be used, displayed, performed, published, transmitted, distributed, advertised, demonstrated, promoted or otherwise exploited in any manner directly or indirectly, by or to the public.
    • it agrees and understand that breach of this Section by the service Provider shall entitle the service purchaser to injunctive relief for breach thereof along with appropriate damages.
    • it is the author or creator or legitimate licensee of all Creative service provided pursuant to this Agreement with the necessary rights to distribute the Creative service which includes authorizing the service purchaser to provide, promote and display the Creative service on its websites to be distributed to the users;
    • the Creative service does not violate the laws, statutes and/or regulations of any jurisdiction including India;
    • the Creative service furnished by service Provider to the service purchaser for the purpose of this Agreement are true, consistent and accurate at all times;
    • it is an entity duly organized and validly existing under the laws of India and has the power and capacity to execute, deliver and perform the terms of this Agreement and has taken or shall take all necessary corporate and other action to authorize the execution, delivery and performance of this Agreement.

CONFIDENTIALITY

  • “Confidential Information” means any information, technical data, trade secrets or know-how, including but not limited to passwords, username / user id, research, business plans, services, proposals, names of the employees, customer / clients lists of the service purchaser, prospective customers, personnel data, markets, software, developments, inventions processes, formulas, technology, marketing, distribution and sales methods, sales and profit figures, finances, techniques, strategies, discoveries and any other business information disclosed by either party (“Disclosing Party”) to the other (“Receiving Party”) during the performance of this Agreement, or otherwise, that should reasonably have been understood by the recipient, because of legends or other markings, the circumstances of disclosure or the nature of the information itself, to be proprietary and confidential to the Disclosing Party or to a third party. Confidential Information may be disclosed in written or other tangible form or by oral, visual or other means shall be reduced to writing within seven (07) days of such disclosure.
  • No such information, including the provisions of this Agreement, shall be disclosed by the recipient without the prior written consent of the Disclosing Party, except as required by law. If Receiving Party is required to disclose any confidential information of the Disclosing Party, the Receiving Party shall notify the Disclosing Party immediately and shall co-operate in seeking a reasonable protective order.
  • Confidential Information does not include any information that (i) was publicly known at the time of Disclosing Party’s communication thereof to Receiving Party; (ii) becomes publicly known through no fault of Receiving Party or its representatives subsequent to the time of Disclosing Party’s communication thereof to Receiving Party; (iii) was in Receiving Party’s possession free of any obligation of confidence at the time of Disclosing Party’s communication thereof to Receiving Party; (iv) is developed by Receiving Party independently of and without reference to any of Disclosing Party’s Confidential Information or other information that Disclosing Party disclosed in confidence to any third party; (v) is rightfully obtained by Receiving Party from third parties authorized to make such disclosure without restriction; or (vi) is publicly disclosed by Disclosing Party or identified by Disclosing Party as no longer proprietary or confidential.
  • The provisions of this Section 11 shall survive any expiry or termination of this Agreement. Such obligation shall continue for a period of one (1) year after the expiry/ termination of this Agreement.

DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY

  • To the fullest extent permitted by law, disclaims all warranties, express or implied, including without limitation for non-infringement, satisfactory quality, merchantability and fitness for any purpose. The Services are provided “as is”.
  • whosemong.com does not warrant that the Services or Platform will operate uninterrupted or error-free.groupofpeoples.com makes no representation or warranty regarding the results service purchaser will obtain by using the Platform.
  • In particular, but without limitation, the groupofpeoples.com shall not be liable for any loss arising from: (a) any error on the Platform; (b) any error, fault, computer virus or other computer or data-corrupting or data-damaging material transmitted through the Platform; (d) all third party services outside whosemong.com reasonable control; (e) use of or reliance on other websites to which the service purchaser has gained access by means of hyperlinks published on the advertisement in the Platform; or (f) any inaccurate information, material or opinions published on the payment gateway; or those published in the advertisement on the Platform.
  • whosemong.com does not guarantee to the service purchaser the service of the service Provider or the quality of its work as whosemong.com only acts as a Platform to bring together the service Providers and service purchasers.
  • Without prejudice to any other provisions of this Agreement, groupofpeoples.com shall not be liable for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the use of the Platform or payment gateway provided on the Platform or the Services provided by whosemong.com
  • Subject to the fullest extent permitted by law: (a) neither party will be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill, loss or corruption of data or for any loss or interruption to the service purchaser’s business) whether in contract, tort (including without limitation negligence) or any other legal theory, even if advised of the possibility of such damages; and (b) whosemong.com aggregate liability to the service purchaser, under this Agreement is limited to the payment received by groupofpeoples.com from the service purchaser preceding the month in which the claim arises.
  • Neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including without limitation to acts of god, government, terrorism, natural disaster, labor conditions and power failures.
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