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Last modified: 14th November 2016

TERMS OF USE
FISHTALENT.COM


1.       GENERAL

Welcome to Fishtalent.com.  Fishtalent.com is a marketplace platform for services performed by its users.

This Terms of Use ("Agreement") constitutes an electronic record in the form of an electronic contract formed under the provisions of the Information Technology Act, 2000 and the rules made hereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the Information Technology Act, 2000. This Agreement does not require any physical, electronic or digital signatures.

This Agreement is a legally binding document between user and Fishtalentand will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between user and Fishtalent. You must read, agree to, and accept all of the terms and conditions contained in this Agreement in order to use our website located atwww.Fishtalent.com and our Privacy Policy, incorporated herein by reference.If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. All affiliated websites, including mobile websites and applications, owned and operated by us, our predecessors or successors in interest, our assigns, or our Affiliates (collectively, the Site), all services, applications and products that are accessible through the Site and all Fishtalent mobile applications that link to or reference this Agreement (Services) whether provided by us or our Affiliates.             

This document is published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 under Information Technology Act, 2000 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the website.      

This Agreement is between Fishtalent Technologies Private Limited (hereinafter referred to as "Fishtalent" or "we" or "us" or "our") and the guest users or registered users of the Site (hereinafter referred to as "you" or "your" or "yourself" or "user") and describes the conditions on which Fishtalent offers you access to the Site and Services.

The following terms and conditions (these "Terms of Service"), govern your access to and use of the Fishtalent.com website, including any content, functionality and services offered on or through www.Fishtalent.com(the "Site"), by Fishtalent Technologies Pvt. Ltd. as applicable.

This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Fishtalent services. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. We do NOT have hourly contracts on our portal yet.

Our Customer Support will reply at the earliest.

SERVICES PROVIDED:

1.1   Service providers (referred to ‘seller(s)’ hereafter): - The sellers from the above categories who will list themselves on our portal and allow buyers to book them online and buy their services.

1.2   Service recipients (referred to ‘buyer(s)’ hereafter): - The buyers who would book such freelancers to perform the tasks assigned to them. These buyers can be from India or abroad.

1.3   Fishtalent provides a platform to its users to for the purpose of viewing the products displayed on its website and for entering into purchase transaction with the seller who sell these products. Fishtalent is not a party to any transaction entered into by or between the users and the seller.

1.4   Fishtalent does not manufacture, create, prepare, sell, resell, manage, control or influence the products offered by the retailers to the users and is not responsible or liable for same in any manner. Theservice provided by us is across the globe.

 

2.       ELIGIBILITY:

2.1   The Services Provided by Fishtalent is available only to persons who are competent to contract under the Indian Contract, 1872, and not to minors, un-discharged insolvents, etc. or who are otherwise disallowed under any applicable laws, rules and regulations are not eligible to access and use the Site. Any users previously barred by Fishtalent from accessing or using the Site under the terms of this Agreement or under applicable laws, rules and regulations, are also ineligible from accessing and using the Site.

2.2   A minor may avail or make use of the Services Provided by Fishtalent under the supervision of his parents or legal guardians, in which case, such parents or legal guardians will be bound by these Terms and Conditions.

2.3   By using the Services Provided, the user represents and warrants the following:

(a)         The user has right, authority, and capacity to enter into or agree to these Terms and Conditions;

(b)        All information submitted by the user is true and accurate;

(c)         The user is neither a competitor of Fishtalent nor is using the Services Provided for reasons that are in competition with Fishtalent;

(d)        The user is entitled to submit the information as required herein to Fishtalent and that such information is not confidential, and not in violation of any contractual restrictions or other third party rights;

(e)        The use of the ServicesProvided by user does not violate any applicable laws.

 

3.       REGISTRATION:

3.1   Fishtalent may require its users to register with itself and create an account for accessing or making use of the services provided by Fishtalent. Such registration is optional for the users.

3.2   The user may be required to provide certain personal information (for e.g. Name, Date of Birth, Address, Mobile No., E-mail ID, etc.) for registration with Fishtalent. The user agrees to provide true, correct and complete information for such purpose and to not impersonate any other person.

3.3   The user shall be in full control of such user name and password and shall be solely responsible for the same. The user shall not share or disclose his username or password with any third party or allow them to access the website while professing to be the user. Users are responsible for maintaining the confidentiality of their passwords, and for restricting access to their computers, mobile devices, or other internet access devices so that others may not access the password-protected portion of the Services Provided using their username and password.

3.4   The user shall be solely liable for all and any action under his account and for any other consequence arising out of sharing or disclosure of his username and password. The user shall immediately notify Fishtalent for any unauthorized action taking place under his account.

 

4.       ACCESS TO THE USER:

Subject to the user’s compliance on a continuing basis with all of the terms and conditions of stated herein, Fishtalent hereby grants the user permission to use Fishtalent only as set forth in these Terms and Conditions, and provided that:

4.1   User shall not alter or modify any part of Fishtalent other than as expressly authorized and then only for such express purpose;

4.2   User shall not evade, circumvent, disable, impair, damage, incapacitate, violate or attempt to violate, or otherwise interfere with the security or integrity of Fishtalent, the proper operation and functioning of Fishtalent, the features that prevent or restrict use or copying of any content or enforce limitations on use of Fishtalent therein, copy or distribute any part of Fishtalent in any medium or interfere with any activity being conducted on Fishtalentwebsite;

4.3   User shall not violate any laws, third party rights, or Fishtalent policies;

4.4   User shall not post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

4.5   User shall not distribute, host, or post spam, chain letters, pyramid schemes, viruses, unsolicited emails or any other technologies that may harm Fishtalent, or the interests or property of other users;

4.6   User shall not harvest or otherwise collect information about other users, including email addresses, without their consent. Any such activity or any verbal, physical, written or other abuse of any of Fishtalent customers, employees, members, or officers by the User may result in immediate account termination and prohibition from accessing Fishtalent website;

4.7   User shall otherwise comply with these Terms and Conditions.

 

  1. DEALINGS:

5.1   A registered user may choose to upload under his account on the Site an offer of services (such offer hereinafter will be called “Proposal” and user will be referred to as “Seller”) which may be accepted by another user (hereinafter called “Buyer”) as per the mutual understanding of the Seller and the Buyer. The engagement, contracting and management of a project are between the Seller and the Buyer.

The Proposals, along with the cost of service (“Rate Card”), of the Sellers will be listed on the Site (place of listing hereinafter called “Marketplace”) from where the interested Buyers can choose the services they require. Upon acceptance of a quote from the Marketplace, the Buyer agrees to purchase, and the Seller agrees to deliver, the services and related deliverables in accordance with the following agreements: (a) the agreement between Buyer and Seller including the Proposal, Description, and other terms and conditions as communicated between Buyer and Seller on the Site or otherwise, (b) these Terms of Use, and (c) any other content uploaded to the Site by either party (collectively, the “Job Agreement”). You agree not to enter into any contractual provisions in conflict with these Terms of Use. Any provision under a Job Agreement in conflict with this Agreement is void. Buyer is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Job Agreement in a timely manner. Seller is responsible for the performance and quality of the services in accordance with the Job Agreement in a timely manner. Buyer and Seller each covenants and agrees to act with good faith and fair dealing in performance of the Job Agreement.

Buyer and Seller each acknowledges and agrees that their relationship is that of independent contractors. The Seller shall perform services as an independent contractor and nothing in this Agreement shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Buyer and Seller or between Fishtalent and any Buyer or Seller.

 

5.2   Fishtalent is not a party to the dealing, contracting and fulfillment of any Job between a Buyer and a Seller. Fishtalent has no control over and does not guarantee the quality, safety, authenticity or legality of any services performed or deliverables created, advertised, the truth or accuracy of job listings, the qualifications, background, or abilities of registered users, the ability of Sellers to perform services or the ability of Buyers to pay for services. Fishtalent is not responsible for and will not control the manner of operation of a Seller, neither is it involved in the hiring, firing or working conditions of the Seller. All rights and obligations for the purchase and sale of services or other deliverables are solely between a Buyer and a Seller. Fishtalent will not provide any Freelancer with any materials or tools to complete any Job. Employers and Freelancers must look solely to the other for enforcement and performance of all the rights and obligations arising from Job Agreements and any other terms, conditions, representations, or warranties associated with such dealings.

 

5.3   The Buyer and the Seller each acknowledges and agrees that the value, reputation, and goodwill of the Site depend on their performance of their covenants and agreements as set forth in their Job Agreement. Fishtalent reserves the right to take such actions with respect to the Job Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as Fishtalent in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site.

 

5.4   This Agreement and any registration for or subsequent use of this Site by any user or registered user will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Fishtalent, except and solely to the extent expressly stated.

 

5.5   Fishtalent is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes, unless otherwise agreed to by both parties pursuant to the laws, rules and regulations applicable in India; the registered users are responsible for the same, though Fishtalent may at its sole discretion choose to assist the users in this matter. Fishtalent reserves the right to suspend, terminate or deny you access to your account if we notice non-compliance with any such statute, regulation or law, or a breach of this section or other terms of this Agreement.

 

5.6   Fishtalent does not encourage the seller to start work before the buyer has paid for either the entire service or part of the service. Sellers should always ask the buyers to pay first.
Fishtalent doesn’t take any guarantee of payment to the seller for work done before the buyer orders either the whole service or part of service.

 

5.7   While uploading the products, the seller must strictly adhere to the “Minimum expectations of our buyers” as listed for each service category. The portal does not take any responsibility of the seller’s non adherence to such requirements.

 

  1. PAYMENT AND TRANSFER OF FUNDS:

6.1   In order to use certain Services registered users must provide and verify at least one valid payment method such as Credit Card, Debit Card, Net Banking, Wallets and/or Cash/Cheque on Delivery. The registered users would be required to pay subscription or membership fees for certain Services as and when imposed by Fishtalent. Your financial information such as, bank account related information, credit card, debit card information or other payment instrument details for the purpose of processing payments is held, retained and processed by a third party Payment Gateway.

6.2   Making payment: Fishtalent will maintain an Escrow Account for regulating payments by the Buyers to the Sellers. Any payment by a Buyer pursuant to the amount payable to the Seller under the terms of a Job Agreement (such amount will hereinafter be called as “Fees”) is required to be made at the time of booking a Job and such payment will initially and temporarily be held in the Escrow Account. When the Buyer (a) approves the deliverables sent to him by the Seller as per the Job Agreement or, (b) does not provide any intimation, whether approval or dissatisfaction, for a period of 14 (fourteen) days after the Seller has tendered the deliverables to the Buyer, the amount will be disbursed to the Seller after deducting any fee or commission which Fishtalent may impose or charge from time to time (date of disbursement will be hereinafter called “Fund Transfer Date”).

6.3   Notwithstanding any other provision of this Agreement, and except as prohibited by applicable law, Fishtalent may, at its sole discretion, hold the disbursement of the Fees payable to a Seller if it is found that such Seller has violated the terms and conditions under the Job Agreement or this Agreement or under any other law applicable in India, or if a fraud, or any other illegal activity is suspected in respect of a transaction, or if we have reason to believe the Fees may be subject to dispute or chargeback or, it is required by any applicable law.

6.4   Fishtalent reserves the right to suspend or terminate or deny access to the account of a Buyer if he hinders the transfer of funds to the Seller by cancelling his credit card or debit card or by initiating an improper chargeback or by any other means.

 

  1. CANCELLATION OF ORDER:

7.1   Fishtalent encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.

7.2   Eligibility for requests to Fishtalent to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Fishtalent delivery system. See below for Order specific eligibility.

7.3   Completed orders may be cancelled, upon review of our Customer Support team, up to 14 days after the order is marked as complete.

7.4   Orders are not eligible to be cancelled based on the quality of service/materials delivered by the seller if the service was rendered as described in the Product page. Buyers may rate their experience with the seller on the order page, including the overall level of service quality received.

7.5   Buyers must use Fishtalent Resolution Center to address their concerns and desired resolution related to the service provided by their seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the buyers failed to inform their seller of issues related to the seller’s service and will allow sellers to provide a resolution first. This does not include non-permitted usage of Fishtalent.

7.6   Any non-permitted usage of Fishtalent encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations to Fishtalent’s Terms of Service.

  1. Fishtalent Customer Support will cancel orders based on, but not limited to, the following reasons:

8.1   Active orders (after the buyer submits their requirements and before the seller delivers on Fishtalent)

8.1.1          The seller is late and unresponsive for more than 24 hours while the order is marked as Late.

8.1.2          Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.

8.1.3          Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the seller’s delivery.

8.1.4          The user is no longer an active Fishtalent user due to Terms of Service violations or closure of their account.

8.2   Delivered Orders (after the seller clicks Deliver Now and Before the order is marked as complete)

8.2.1          The seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to buyers.

8.2.1.1    Note: Multiple reported offenses will result in permanent suspension of your account.

8.2.2          The seller delivers no files and/or proof of work related to the agreed upon order requirements.

8.2.2.1    Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.

8.2.3          The seller requests additional payments, on or off the Fishtalent platform, by withholding the final delivery of services directly related to the agreed requirements.

8.2.4          The seller is withholding the final delivery of services for improved ratings.

8.2.5          Buyers who abuse the Request Revisions button to gain more services from sellers beyond the agreed requirements.

8.2.6          Buyers who threaten to leave a damaging review to gain more services from the seller not related to the agreed requirements.

8.3   Completed Orders (after the order is marked as complete and before the 14 day limitation)

8.3.1          Users who have been reported to use copyright/trademark infringing materials after verification and with proof.

8.3.2          Buyers who did not purchase commercial use rights and are reported to have used the materials commercially.

8.3.2.1    Note: Terms of Commercial use is found on the seller’s Product page and cannot be retroactively included once the order is completed for over 14 days.

8.3.3          Fishtalent Customer Support will review cases of Order delivery manipulation that prevents buyers and sellers from fully utilizing our Resolution Center that enabled the order to be marked as complete.

 RETURNS AND REFUNDS:

9.1   Fishtalent does not automatically refund payments made for cancelled orders back to your payment provider. Fishtalent, refunds the money back to the user(buyer) incase of a cancellation and approval from our Customer Support team to process the request.

9.2   Refunds, when available from the payment provider, can be performed by our Customer Support team. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee. 

9.3  Refunds initiated, shall be completed within 28 days from the date of approval of request by the Customer Support team. 

 INTELLECTUAL PROPERTY CLAIMS:

Fishtalent will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.Many freelancers will be uploading the portfolio. Hence there might be copyright and IP theft issues. Fishtalentdoes not take any responsibility for the same.

10.1      Reporting Claims of Copyright Infringement

Fishtalent.com’s content is based on User Generated Content (UGC). Fishtalent does not check user uploaded/created content for violations of copyright or other rights. However, if you believe any of the uploaded content violates your copyright or a related exclusive right, you should follow the process below. Fishtalent looks into reported violations and removes or disables content shown to be violating third party rights.

In order to allow us to review your report promptly and effectively, a copyright infringement notice ("Notice") should include the following:

·         Identification of your copyrighted work and what is protected under the copyright(s) that you are referring to

·         Your copyright certificate(s)/designation(s) and the type, e.g., registered or unregistered

·         Proof of your copyrights ownership, such as the registration number or a copy of the registration certificate

·         A short description of how our user(s) allegedly infringe(s) your copyright(s)

·         Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the producturl, a link to the deliverable provided to a user, etc.

·         Your complete name, address, email address, and telephone number.

·         A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

·         A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the copyright owner or the owner of an exclusive right that is being infringed, or are authorized to make the complaint on behalf of the copyright owner or the owner of an exclusive right that is being infringed.

·         Your electronic or physical signature

Alternatively you can submit the Notice electronically tolegal@fishtalent.com

Note that we will provide the user who is allegedly infringing your copyright with information about the Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user's response. In cases where the allegedly infringing user provides us with a proper counter-notification indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with Copyright Act, 1957 as applicable laws.

If you fail to comply with all of the requirements of the Copyright Act, 1957, your Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Copyright Act, 1957.

10.2      Counter-Notification Procedures

If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our legal@fishtalent.com. Pursuant to the Notice, the Counter-Notice must include substantially the following:

·         Your physical or electronic signature.

·         An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

·         Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

·         A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages under Copyright Act, 1957.

10.3      Trademark Infringement

Fishtalent.com’s content is based on User Generated Content (UGC). Fishtalent does not check user uploaded/created content for violations of trademark or other rights. However, if you believe any of the uploaded content violates your trademark, you should follow the process below. Fishtalent looks into reported violations and removes or disables content shown to be violating third party trademark rights.

In order to allow us to review your report promptly and effectively, a trademark infringement notice ("TM Notice") should include the following:

·         Identification of your trademark and the goods/services for which you claim trademark rights

·         Your trademark registration certificate and a printout from the pertinent country's trademark office records showing current status and title of the registration. Alternatively, a statement that your mark is unregistered, together with a court ruling confirming your rights

·         A short description of how our user(s) allegedly infringe(s) your trademark(s)

·         Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the PRODUCT® url, a link to the deliverable provided to a user, etc.

·         Your complete name, address, email address, and telephone number.

·         A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.

·         A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the trademark or are authorized to make the complaint on behalf of the trademark owner.

·         Your electronic or physical signature

Alternatively you can submit the Notice electronically to legal@fishtalent.com

Note that we will provide the user who is allegedly infringing your trademark with information about the TM Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user's response. In cases where the allegedly infringing user provides us with information indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with applicable law.

10.4      Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

11. WAITING LIST:

Initially we are going to RESTRICT SELLER PRODUCTS to go live on our marketplace. Only those products which fulfill certain criteria will be shown on the marketplace. The rest of the sellers, will have an account, but will not be able to sell their services on our portal.

Thus the decision of which sellers shall be shown on the marketplace will solely lie with Fishtalent.

12.  FREE TRIAL:

Every seller is required to provide certain services as DEMO to our buyers. The buyers will choose whether they want to book the services of the seller DIRECTLY OR BOOK FREE DEMO.

Fishtalent does not take the guarantee of the buyer booking a service of the seller after booking him through FREE TRIAL.

 

13.   CALLING CUSTOMER SUPPORT:

Fishtalent will provide a call number only for customer support of existing orders and remote help with purchases and seller/buyer on boarding process help. No sales calls will be attended on our number.

Fishtalent has the right to record the conversations and use it for internal purposes for feedback and business analytics. We have the right to remove the customer support number whenever.

14. RETAINERSHIP:
15. Customers on Fishtalent will have a right to book products/services on retainership basis. Maximum 6 months at a time.FEES will be different for retainership bookings. For more information on Retainership, we can re-direct him to the FAQ page.MILESTONES:

Sellers can choose to sell their services in parts called MILESTONES.Seller will have the right to choose the milestone for the project, ONCE BOOKED/BOUGHT.

From the time Seller updates the Milestone, buyer will get 24hrs to check and revise the milestones (if needed), and otherwise they are auto-approved.

16. SHOP CONCEPT:

All sellers (either freelancers or Agencies) will open their SHOP on Fishtalent to add products and their services.

Two kinds of Shops can be opened on Fishtalent:

·         Solo Shop (Freelancer)

·         Team Shop (Agency)

Within an Agency Shop the seller can add team members.

 

For Agency Shops with members, there will be two kinds of Team members

·         OWNERS

·         Team Member

17. AGENCY ACCOUNT:

You may create an account through which other authorized Users (each, an “Agency Member”) may act on your behalf in the roles you assign for your account (an “Agency Account”).A Freelancer creates an Agency Account on behalf of a business (the “Agency”), which may be the Freelancer as a sole proprietor or a partnership, corporation, or other legal entity the User controls.

The Freelancer that registered the Agency Account may also grant certain account administration privileges for the Agency Account to one or more Agency Members (each, an “Agency Account Administrator”).Except as otherwise required by applicable law, only the User who registered the Agency Account and the Agency Account Administrators can add or remove Agency Members to or from the Agency Account.

17.1         Each Agency Member must have an Account and a profile. You understand and agree that the Agency may determine the profile visibility and hourly rate of any of its Agency Members. Each Agency Member must be a User and must be a real person or legally recognized entity.

17.2         Each Agency Member’s Account profile must contain the Agency Member’s real name, and Agency Members must comply with all Terms of Service. Agency Members’ identities will be subject to verification.

17.3         You agree to grant access to the Agency Account, including with respect to any Agency Members, only to Users authorized to act on your behalf and only in accordance with this Agreement.

17.4         Additionally, you agree to be fully responsible and liable for any action of any Agency Member and any other User who uses the Agency Account, including Agency Account Administrators. You represent that your Agency Members have the authority to accept this Agreement on your behalf and to create a legally binding obligation on your behalf. You understand and agree that any Agency Member may accept and enter into Service Contracts on behalf of you and your Agency, and that you and the Agency are responsible and liable for all Service Contracts accepted by anyone acting as an Agency Member. You agree: (a) not to use any Account, Agency Account, Agency Member Account, username, or password of another User of the Site that you are not authorized to use, and (b) not to allow others who are not authorized to do so to use the Agency Account or any related Agency Member Account at any time.

17.5         Each Agency Member is either an employee or an independent contractor of the Agency, as determined by the Agency. Without limiting Agency’s obligations described in Section 8.2 (Responsibility for Employees and Subcontractors, Including Agency Members), Agency acknowledges and agrees that it assumes all liability for the classification of its Agency Members as employees or independent contractors. The Agency further acknowledges and agrees that the Agency is responsible for paying its Agency Members.Your Agency Account (including feedback) and username are transferable only upon Fishtalent approval, at Fishtalent sole discretion.

17.6         If any of your Agency Members violates this Agreement, it may affect your ability to use the Site. Fishtalent has the right to revoke the membership privileges of an Agency and any or all Agency Members related to the Agency Account without warning if, in Fishtalent sole judgment, false or misleading information has been provided. Upon closure of an Agency Account, Fishtalent may close any or all related Accounts.

17.7         You understand and agree that Agency Members profiles may display work history that includes work done under the Agency, including after the Agency Member is no longer an Agency Member.


18. REMOVAL AND SUSPENSION OF ACCOUNT:

We will have rights to suspend the accounts of sellers/buyers at will.Any sort of communication between the buyer and seller outside the portal will violate our TOS. We will have rights to suspend the accounts of sellers/buyers at will.Right to suspend account at will.

19.  CURRENCY RATES:

We will show the buyer the rates in their home country. But all the payments will happen in INR (INDIAN RUPEES) only.

We will update the rates in different currencies on a timely basis and we will take the exchange rates from a reputed public knowledge base.

20. ROUNDING OFF:

For the purpose of convenience, Fishtalent will round off the prices shown on the marketplace.

For INR, we will round off to the nearest 5 INR.

21. VERIFICATION OF ACCOUNTS:

Sellers can verify their SHOP by providing Address Proof and ID Proof.

Fishtalent does not guarantee the genuineness/authenticity of the proof submitted by the users who apply to the verification process.

22. COMMISSION RATES:

Fishtalent will charge the sellers on percentage basis which would be listed out in the FAQ section.

Fishtalent will also add a payment processing fee on the checkout page. The fees will be standard percentage of the price shown on the marketplace. This price shown on the marketplace will be the price of the service inclusive of commission and taxes.

Fishtalent holds the right to change the commission rates levied at any point in time without any prior intimation to it’s users.

23. PRODUCT STATUS:

There will be various statuses a product can have.

23.1         ACTIVE – When the product is live on the marketplace.

23.2         Requires Change – When we have sent a mail for changes. Once he resubmits, it goes back to PENDING APPROVAL

23.3         Pending Approval – Every new product added, falls in this category till our admin team goes through the product.

23.4         Paused – The control for this is with the seller. Also when the email address is not verified, it will go into this category.

Once the email is verified, it will automatically move to either ACTIVE or WAITING LIST. Whatever was initially decided by my admin team.

23.5         Denied –The products that have been denied by our admin team. He cannot make modifications in this. He will have to create a new product again. This product will auto delete in 30 days

23.6         Waiting List – All products approved by our admin team, but not passed on to the waiting list will fall in this category. We will decide this.

23.7         Draft – All incomplete products will fall in this category.


24. Minimum expectation of buyers
For every service, Fishtalent has identified "Minimum expectations of buyers". This basically means the points listed in "Minimum expectations of buyers" shall be provided by sellers in their deliverable. The sellers are not allowed to charge a buyer extra for these points and must include it in their basic service offering. Any deviation in compliance from "Minimum expectations of buyers" might lead to Fishtalent Technologies Pvt Ltd refunding the amount back to the buyer for a certain order on its own discretion

25. CONTENT USAGE POLICY:

Fishtalent technologies Pvt. Ltd. shall be able to use/modify and then use any of the content generated by its users (sellers, buyers) for any purpose as it likes.Fishtalent technologies Pvt. Ltd. must have complete control over what it displays on its website, whether it is their own content or its users content.

26. COMMUNICATION:

The user agrees and understands that all communication between Fishtalent and the user shall be through electronic medium, such as emails or notices placed on website of Fishtalent, or through any other medium as Fishtalent may at its own discretion decide. The user consents to receive communications via electronic medium from Fishtalent periodically and as and when required. The user also agrees and acknowledges that all communication between Fishtalent and the user in such format shall satisfy all legal requirements pertaining to such exchange.

27. REVIEW AND FEEDBACK:

The users are welcome to send their review, feedback or suggestions on the Services Provided by Fishtalent through email or otherwise.

28. MODIFICATIONS:

Fishtalent may, at any time, modify these Terms and Conditions to reflect changes to the law or any change in its Services Provided. The user must look at these Terms and Conditions on a regular basis. If the user does not agree to the modified Terms and Conditions, he should discontinue their use of Fishtalent. Amendment to or modification of these Terms and Conditions will be considered accepted and binding upon the user if the user continues to use the Services Provided and Fishtalent even after such changes to these Terms and Conditions. It is the responsibility of the user to check the check these Terms and Conditions on a periodic basis. Fishtalent is not responsible to intimate it’s users if it changes it’s Terms and Conditions.

29. DISCLAIMER OF WARRANTY:

USE OF THIS WEBSITE IS AT THE USER’S SOLE RISK. ALL INFORMATION, LISTINGS AND SERVICES ARE PROVIDED 'AS IS', WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. Fishtalent EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS. WITHOUT LIMITATION, Fishtalent MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. INFORMATION ON THIS WEBSITE, UNLESS SPECIFICALLY PROMISED OR WARRANTED TO BE CORRECT, IS NOT PROMISED OR GUARANTEED TO BE CORRECT, CURRENT OR COMPLETE AND WHILE Fishtalent MAKES ITS BEST EFFORT TO ENSURE ACCURACY OF THE INFORMATION, DATA AND GENERAL CONTENT, THIS WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. IF YOUR USE OF THE Fishtalent WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Fishtalent SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. Fishtalent, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Fishtalent ASSUMES NO RESPONSIBILITY FOR UPDATING ITS WEBSITE TO KEEP INFORMATION CURRENT OR TO ENSURE THE ACCURACY OR COMPLETENESS OF ANY POSTED INFORMATION. ACCORDINGLY, THE USER SHOULD CONFIRM THE ACCURACY AND COMPLETENESS OF ALL POSTED INFORMATION BEFORE MAKING ANY DECISION RELATED TO ANY SERVICES PROVIDED, OR OTHER MATTERS DESCRIBED IN THIS WEBSITE. Fishtalent AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

30. LIMITATION OF LIABILITY:

IN NO EVENT WILL Fishtalent BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF AN TYPE WHATSOEVER RELATED TO OR ARISING FROM ITS WEBSITE OR ANY USE OF THIS WEBSITE OR OF ANY WEBSITE OR RESOURCE LINKED TO, REFERENCED OR ACCESSED THROUGH THIS WEBSITE. Fishtalent SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT OR ANY OTHER LEGAL THEORIES.

31. INDEMNIFICATION:

The user shall indemnify and hold harmless Fishtalent and any of its affiliates and their respective officers, directors, agents, and employees from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including attorneys’ fees, made by any third party or penalty imposed due to or arising out of the user’s breach of these Terms and Conditions, Privacy Policy, any other policy followed by Fishtalentand/or violation of any applicable law or the rights (including infringement of intellectual property rights) of a third party.

 

32.   EXPRESS CONSENT:

33. Once accepted, is deemed as continuous consent unless user revoked in writing to Fishtalent by E-mail.FORCE MAJEURE:
The user understands and agrees that Fishtalent will not be liable for any loss or damage with respect to the use of its website, placing any order and/or delivery of products if the same arises out of limitations, delays, and other problems inherent in the use of the internet and electronic communications or interruptions due to routine maintenance or due to Force Majeure or an Act of God or any other cause which is beyond the reasonable control of Fishtalent, including but not limited to, any event such as war, equipment and technical failure, electrical power failure or fluctuation, failure of third party networking equipment, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks,  disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, epidemic or other natural or physical disaster, labor disputes or governmental demands or restrictions etc.

34. NOTICES:

Any notices or other communications permitted or required hereunder, will be in writing and given by Fishtalent (i) via email (in each case to the address that you provide) or (ii) by posting to its website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

35. GOVERNING LAW:

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The user hereby consents to the exclusive jurisdiction of the appropriate courts at Mumbai in respect of any disputes arising in connection with Fishtalent, these Terms and Conditions, Privacy Policy, or any matter related to or in connection therewith.

36. SEVERABILITY:

If any of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

37. WAIVER:
The failure of Fishtalent to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by an authorized representative of Fishtalent.

38. ENTIRE AGREEMENT:

These Terms and Conditions, the Privacy Policy and such other terms as stated on Fishtalent’s websitecomprise the entire arrangement between the user and Fishtalentand supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

39. GRIEVANCE OFFICER:

In accordance with Information Technology Act, 2000 and Rules made there under, the name and contact details of the Grievance Officer are provided below:

 

Name: [Nikita Rochlani]

Email: [support@fishtalent.com]

 

Note: Headings in these Terms and Conditions are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.