M/s ConsultGenie is an online marketplace where enterprises from all industries and sizes can find and hire qualified, tested and rated consultants and temporary staff (“Providers”). The terms and conditions contained herein along with the Privacy policy forms a binding legal agreement with regard to the use of this web portal. You are advised to read all terms and conditions carefully before using the services provided. M/s ConsultGenie offers its services to you only if you are agreeable to all terms and conditions of this Agreement in its entirety. Acceptance of this agreement creates a legally binding and enforceable agreement between you, the USER and M/s ConsultGenie Consulting Pvt. Ltd.
INTERPRETATIONS AND DEFINTIONS:
- The term “Agreement “ means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy and will include the references to this Agreement as amended, novated, supplemented, varied or replaced from time to time.
- The term “Web portal” or “site” refers to the online portal owned and operated by M/s ConsultGenie Consulting Pvt Ltd, which provides a venue for enterprises and industries to hire providers.
- The term “Buyer or Company” refers to YOU for using or accessing the services provided on this web portal to post or modify opportunities and hire or interview providers and other such related services.
- The term “Provider” refers to a registered member who has paid the stipulated membership fee every month and registers himself as a provider.
- Headings are for convenience only and shall not affect the construction or interpretation of any provision of this Agreement
- 6. Where a word or phrase is defined, other parts of speech and grammatical forms and the cognate variations of that word or phrase shall have corresponding meaning(s)
- Words importing the singular shall include plural and vice versa
- Reference to Recitals, Clauses and Exhibits are to recitals, articles and exhibits of this Agreement;
You represent and warrant that you are over the age of 18, competent to enter into a legally binding agreement and have the requisite authority to bind the other party to this Agreement. You also warrant that you have at no time been suspended or terminated by ConsultGenie or have obtained the express authorization of ConsultGenie.
TERMS OF AGREEMENT AND SERVICE
This agreement shall be in full force and effect for so long as you are using the services of ConsultGenie.com pursuant to the terms and conditions set forth below. ConsultGenie may at any time modify the terms and conditions without any prior notification. In the event the modified terms are not acceptable to you, you may discontinue using the services. However, continued usage will amount to your acceptance to abide by the modified terms of the agreement.
REGISTRATION AND MEMBERSHIP
- To avail use of the services, YOU undertake to register yourself as a BUYER with the web portal. As a part of the registration process, you agree to provide current, complete and accurate registration information as prompted to do by the Service and to maintain and update this information periodically to keep it current.
- You warrant that if any information is untrue, inaccurate, not current or incomplete, ConsultGenie has reasonable grounds to suspect that such information is false and is vested with the right to indefinitely suspend or terminate your membership and refuse to provide any access to its services.
- You are solely liable and responsible for maintaining the confidentiality of your password, which you will not be under an obligation to reveal to any representative or agent of ConsultGenie.
- (d) You agree and understand that the service is advertising supported and you grant ConsultGenie, the right to disclose the aggregate Registration Data to third parties in connection with marketing the services required. Furthermore, you agree and grant ConsultGenie the right to use your individual registration data.
- You undertake to notify customerservice@consultgenie.com of any known or suspected unauthorized use of your account, or any known suspected breach of security, including loss, theft or unauthorized disclosure of your password.
- ConsultGenie provides two different scheme of membership.
- Premium Scheme
- Platinum Scheme
The Premium membership is availed at Rs.2,500 per month and Rs.5,000 per month is the fees for the Platinum scheme. Upon registering as a member under one of the schemes, every user is provided with an account. You are required to retain a minimum balance of Rs.25,000 for Platinum plan. Further, on every deal clinched, you are charged a deal fee of 8% and 6% under Premium and Platinum plans respectively. The deal fee is calculated by ConsultGenie by an algorithm based on inputs given by you while posting an opportunity. You undertake to deposit this deal fee into your account and you will be allowed to contact providers only after the deposit. The deal fee will be refunded to you if no deal is made with any provider. However, no interests shall be paid on either the minimum balance amount or advance deposits paid.
MODE OF PAYMENTS
- Payment can be made through cheques and online via credit card or internet banking. All credit cards and banks supported will be listed on the site. All amounts are displayed in Indian Rupees currently, though payments can be made in other currencies.
- Withdrawal can be effected through accessing the option of “my account” in the web portal. Upon accessing the said option, ConsultGenie will mail you a check within 2 business days via courier. All withdrawals shall be paid by ConsultGenie only in Indian Rupees.
- Service charges and taxes can be levied from time to time by ConsultGenie depending on the services availed.
- After registration, You are entitled to post an opportunity by utilizing the services of ‘Find Providers’ and ‘Post Opportunity’ in the web portal. Any opportunity so posted can be modified, and all versions of the opportunity are maintained. Choosing the option of featured opportunities will result in the additional levy of INR 500 and will ensure that your opportunity will appear at the top of search results and hence get better responses from qualified providers. You are vested with the right to close, cancel or reopen this opportunity at any time.
- You will be charged for your first contact with a provider. Upon your request for contacting a provider, an email is sent to the provider in the form of an invitation. However, If a provider accepted a meeting but did not complete it within agreed time you can report abuse. This however does not entitle you to any reimbursement of the charges.
- You are liable to pay your stipulated membership fee at the beginning of every month .Your billing cycle commences on the date of first payment and activation is done on a monthly basis upon receipt of your payment. Upon payment, all privileges extended to your scheme will be replenished. If you have defaulted in the payment of monthly membership fees, ConsultGenie will recover the same from your account balance, if available. If you do not have sufficient account balance ConsultGenie will recover the amount from your minimum balance and suspend your account. You are however entitled to reactivate your account at a later date by paying the due amount as of that date or request withdrawal of the remainder of your minimum balance and terminate your membership.
- Every transaction undertaken is subject to the levy of a service tax as applicable on that date, which is part of the fees listed during payment. If a particular payment you made to ConsultGenie is subject to TDS (tax deducted at source as per Indian income tax rules), it should be deducted from the total before making the payment. You are however obligated to submit an income tax certificate at the end of every year.
- You are strictly prohibited from unauthorized use of our systems or this website, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to this website.
- You agree and acknowledge that we may disclose and transfer any information that you provide through this Website to (i) any company within the ConsultGenie Pvt. Ltd. Group, its affiliates, agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Website you agree to such transfers.
- You warrant that you are aware that the use of this Website may be monitored, tracked and recorded.
- You agree understand and acknowledge that ConsultGenie is an online web portal which is merely a venue for enabling users or buyers to avail the services of the consultants listed on the portal as per the indicated terms and conditions. You further agree and acknowledge that ConsultGenie is only a facilitator, an inter-mediary and cannot be a party to or control in any manner any transactions between the Buyer and the Consultant. ConsultGenie shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Users of its portals.
- ConsultGenie shall neither be liable nor responsible for any actions or inactions of Consultants or any breach of conditions, representations or warranties by the Consultants.
- You further undertake that you are accessing the services available on this Site and transacting at your sole risk and will not hold ConsultGenie liable. The information on this Website is for information purposes only. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. User accesses, uses, and relies upon such content at User's own risk. Please seek the advice of professionals as necessary regarding the evaluation of any content on this Website.
- ConsultGenie accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- Your correspondence with advertisers, or users on the Site, including the development and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such user. You agree not to hold ConsultGenie liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, or users on the Site.
- IN NO EVENT SHALL CONSULTGENIE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR SERVICES PROVIDED THEREOF OR FOR THE ACTIONS OF ANY CONSULTANT OR THIRD PARTY OR ANY TRANSACTION ENTERED INTO IN FURTHERANCE OF THE USE OF THE SERVICES OF THE WEB PORTAL.
THE CLAUSE SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
Notwithstanding other legal remedies that may be available to ConsultGenie, it may in its own discretion limit user activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Site:
- If the Buyer is in breach any of the terms and conditions of this Agreement and/or the Terms and conditions of usage provided;
- If the Buyer has provided wrong, inaccurate, incomplete or incorrect information;
- If your actions may cause any harm, damage or loss to the other Users
Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the ConsultGenie Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress. Abuse will be investigated and is also a ground for suspension of use.
You undertake to defend, indemnify and hold harmless ConsultGenie, the web portal, its directors, employees, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of your actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of your infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
This clause shall survive the expiry or termination of this Agreement.
PRIVACY POLICY
ConsultGenie will not intentionally monitor or disclose any private messages or address information unless required by law, regulation or court order. You agree to respect the privacy and confidentiality of others. We reserve the right to change or update these policies at any time upon reasonable notice, effective immediately upon posting to this site.
- Personal Information that may be collected at ConsultGenie website:-
If you elect to join ConsultGenie, certain types of personal and company specific information will be collected, which shall be shared with other users of the web site. This "basic profile" information includes your name, company name, email addresses, and/or phone and facsimile numbers and postal address. After joining, you may elect to provide optional "extended profile" information relating to your company, which will also be shared with other users of the website. However, aggregate statistical information provided by us to our advertisers or others regarding sales or website usage will not include personally identifying information.
INTELLECTUAL PROPERTY
- The works of authorship contained in this Website, including but not limited to all design, text, sound recordings and images are owned, except as otherwise expressly stated by Consult Genie or any of its subsidiaries. Except as otherwise expressly stated herein, they shall not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without the owner's prior written consent, except to the extent permitted by the Indian & International Copyright Laws, and then, only with notices of the owner's proprietary rights. Except for any third party exchange data, you may download information and print out a copy for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.
- All trademarks appearing on ConsultGenie are the property of their respective owners unless the contrary is provided.
- This Agreement shall be binding upon you and M/s ConsultGenie Consulting Pvt Ltd. This Agreement shall be governed by and construed in accordance with the laws of India.
- In case of any dispute, difference or claims between you and M/s ConsultGenie Consulting Pvt Ltd in connection with or arising out of the Agreement (whether during or after termination, abandonment or breach of this Agreement) the Parties shall endeavor to resolve such dispute or difference in an amicable manner through mutual discussions. If no settlement can be reached through consultations between the Parties within [10] business days of one Party delivering a written notice of the dispute to the other Party, then such matter shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (the “Act”).
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The Parties agree with respect to such arbitration that:
- The arbitration proceedings shall be conducted in English and the place of arbitration shall be Bangalore alone.
- The Arbitration shall be conducted by a sole Arbitrator appointed by M/s ConsultGenie Consulting Pvt Ltd alone and his decision shall be final and binding on the parties.
- The arbitrator shall state the specific reasons for his findings in writing. The Parties agree to be bound thereby and to act accordingly.
- The costs of arbitration shall be borne by the losing Party or otherwise as determined in the arbitration award. If a Party is required to enforce an arbitral award by legal action of any kind, the Party against whom such legal action is taken shall pay all reasonable costs and expenses and attorneys fees, including any cost of additional litigation or arbitration taken by the Party seeking to enforce the award.
- When any dispute occurs which is submitted to arbitration, except for the matter under dispute, the Parties shall continue to exercise their remaining respective rights and fulfill their remaining obligations under this Agreement.
- Courts at Bangalore alone shall have exclusive jurisdiction to deal with any matter arising out of this Agreement.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the buyer and ConsultGenie with respect to the services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ConsultGenie with respect to the site and services.