Terms of Service

Buyer | Provider

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” refers to any user accessing the services provided on this web portal to post or modify opportunities and evaluate or hire providers and other such related services.
The term “Provider” refers to You who offers services to the buyers and users of the web portal.
Headings are for convenience only and shall not affect the construction or interpretation of any provision of this Agreement
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;

ELIGIBILITY

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 of the use of the services, you undertake to register yourself as a PROVIDER 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 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, then it 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.
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 info@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 Plans of membership.
- Quarterly Plan
- Annual Plan
You are entitled to avail of the services of the web portal on the basis of the plan opted by you. At any time, you can upgrade your account by switching to a different membership plan by paying the additional fee. If you change to a lower plan or terminate your membership the changes in membership will take effect from the beginning of the next billing cycle. There will be no refund of the fee for the remainder of the billing cycle.

FEES AND COMMISSIONS

You can avail the privileges of a Quarterly membership by paying INR 1,000 every three months or the Annual membership for INR 3,500 payable every year. No commission is charged on all further deals unless expressly so mentioned and agreed otherwise.

MODE OF PAYMENTS

(a) Payment can be made online via credit card or internet banking. All credit cards and banks accepted will be listed on the site. All amounts are displayed in Indian Rupees currently, though payments can be made in other currencies.
(b) Service charges and taxes can be levied from time to time by ConsultGenie depending on the services availed.

SCOPE, RIGHTS AND LIABILITIES OF THE PROVIDER

After registration, you are liable to fill a complete and high quality profile as provided for with appropriate qualifications. This profile is published on the web portal and this is the basis for the buyers to avail of your services. You are solely and completely responsible for the accuracy of the contents of your profile and ConsultGenie is in no way liable for the same.
Further, you are entitled to include your billing rates at your discretion in the profile and also determine the keywords to represent your profile and attract buyers.
Upon registration and completion of all other formalities, you will receive an email if any buyer expresses his interest in contacting or hiring you. ConsultGenie will intimate the same to you through an email sent to your account. However, ConsultGenie will not enter into any contract between you and the buyer and all subsequent transactions will be independent and you will be solely liable for the same.
The web portal of ConsultGenie also provides for a method of rating which You shall be subject to. This rating is based on your experience, skills, qualifications, certifications and buyer feedback. Your rating can be improved by getting buyer feedback or taking standardized assessment tests to increase certifications. A feedback request can be made to a past employer through email. You cannot remove a feedback. In case a feedback is inappropriate or abusive, it can be informed to ConsultGenie. However, ConsultGenie retains the absolute discretion to publish ratings on grounds devised by it and you shall have no claim or objection to the same.
You are liable to pay your stipulated membership fee at the beginning of every billing cycle .Your billing cycle commences on the date of first payment and activation is done upon receipt of your payment. Upon payment, all privileges extended to your scheme will be replenished. If you have defaulted in the payment of membership fees, ConsultGenie will suspend your membership account with immediate effect. You are entitled to reactivate your account at any time by paying a reactivation fee of INR 500.
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 Consulting 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.

LIMITATION OF LIABILITY

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 Provider. 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 Providers or any breach of conditions, representations or warranties by the Providers.
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.

SUSPENSION DUE TO NON COMPLIANCE

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 Provider is in breach any of the terms and conditions of this Agreement and/or the Terms and conditions of usage provided
If the Provider has provided wrong, inaccurate, incomplete or incorrect information;
If your actions may cause any harm, damage or loss to the other Users

INDEMNITY

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.

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 will 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.

DISPUTE RESOLUTION & JURISDICTION

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”).
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.

ENTIRE 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.