This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and
the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
1. GENERAL CONDITIONS
The website by the domain name “www.womenfreelancer.com” and the mobile application “WOMEN FREELANCER APP” (hereinafter collectively referred to as the “Platform”) are owned and managed by WOMEN FREELANCER Private Limited, a company duly registered under the provisions of the Indian Companies Act, 2013 having its registered office at1005 A, IndraPrakash Building, Barakhamba Road - 110001 (hereinafter referred to as “Company”). The Platform is an online marketplace exclusively for women that enable registered women users (“Employers”) to avail/purchase services from other registered women users (“Freelancers”) that provide such services as listed on the Platform subject to the terms and conditions mentioned herein. The Employers and Freelancers shall hereinafter collectively be referred to as “Users”. The Company (“we”, “us”, “our”) is just a facilitator enabling the Employers availing services through Freelancers.
2. SCOPE OF SERVICES
(a) Through the Platform, we are providing a market place wherein it enables the Employers to post their work requirements, search for service providers i.e. Freelancers, communicate/discuss/negotiate with Freelancers to manage/complete the work and pay Freelancers through Company’s Billing and Payment Services; and on the other hand is enables the Freelances to create an online profile and advertise their skills/capabilities to get work from the Employers, and receive payment in lieu of the services provided to the Employers through a trustworthy payment mechanism i.e. Company’s Billing and Payment Services. The Platform helps in collecting various User information and act as a facilitator between the Employers and the Freelancers. It also helps the Users in communicating and negotiating fee quotes between the Users. Being a secure and trustworthy channel, the Platform enables the Users to share and collect confidential and important information including but not limited to data, reports, text, images, sounds and video (“Content”) (as required from time to time) between the them. The above said services provided by us through the Platform are collectively referred to as the “Services”. We may add, delete or modify some or all of such Services at any time at our sole discretion with or without any notification/intimation posted on our Platform. You hereby acknowledge and agree that we reserves the right to decline our Services (fully or partly) to any you and/or any other User or to revoke the same at any stage at our sole and absolute discretion and without assigning any reason or giving any notice thereto
(b) To the extent You access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the Service, You agree that we may communicate with You regarding Company’s Services and other entities by SMS, MMS, emails, text message, or other electronic means to your mobile device and/or through the Platform by push notifications, reminders and alerts for the purpose of providing the Service and other information. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to You. The offers made in those promotional emails, SMS/MMS or otherwise shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide You any information regarding such change.
(c) You hereby acknowledge and agree that Service of the Company is a mere venue/platform for our Users to receive and provide professional services through our Platform, whereby Company act as a facilitator between the Freelancers and the Employers. The terms and conditions for provision of the profession services by the Freelancer and as accepted by the Employer shall be mutually decided by such Users any such transaction as entered into by the Freelancer and the Employer through the platform shall be the sole responsibility of such
User and Company shall not be held liable for any loss, injury or damages incurred to such User(s) by such transaction.
(d) Users hereby specifically acknowledge that Company does not take part in actual transaction of acceptance and provision of professional service and thus in the event of any dispute and/or claim by any User with respect to the, including but not limited to, (i) quality and/or delay in provision of professional services; (ii) incompetency and/or inefficiency of the Freelancer to provide professional services; (iii) payment, non-payment or refund against the provision of professional service by the Freelancer; and (iv) provision and/or acceptance of professional service (as a whole) through the Platform, the same shall be made against the respective Freelancer and/or the Employer (as the case may be) and not the Company.
3. PLATFORM ACCESS, LICENSE AND OTHER CONDITIONS
(b) Subject to the terms and conditions of this Term of Use, Company grants You a limited license to access and make personal use of the Platform and not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of the Company and/or its affiliates, as may be applicable. This license does not include any resale or commercial use of the Platform or its Content; any derivative use of the Platform or its Contents; any downloading or copying of other Users account information; or any use of data mining, robots, or similar data gathering and extraction tools for unauthorised collection of data. The Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) shall not be reproduced, duplicated, copied, sold, resold, rented, leased, transferred, assigned or otherwise be exploited for any commercial purpose without express prior written consent of the Company and/or its affiliates, as may be applicable. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Company or its affiliate's name or trademarks
without the express written consent of the Company and/or its affiliates, as may be applicable. Any unauthorized use terminates the permission or license granted by the Company and/or its affiliates, as may be applicable. You are granted a limited, revocable, and nonexclusive right to use the Platform so long as You do not use the Platform in a false, misleading, derogatory, or otherwise offensive manner and in accordance with the current/applicable Terms and Conditions of Use. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission of the Company and/or its affiliates, as may be applicable.
(e) This Term of Use applies to User(s) if User(s) are visitors, registered - free or paid User(s) who access the Platform for any purpose. It also applies to any legal entity which may be represented by You under actual or apparent authority. User(s) may use the Platform solely for their own personal or internal purposes. This Term of Use applies to all of the Company’s Services offered on the Platform, collectively with any additional terms and condition that
may be applicable to the specific service used/accessed by User(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
4. YOUR CONDUCT
You acknowledge and agree that:
(a) If You use the Platform, You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if You have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner. Please ensure that details You provide to us are correct and complete and inform us immediately of any changes to Your Content that You provided at the time of registration. You can access and update much of Your Content in your account area of the Platform. Company reserves the right to refuse service, terminate accounts, remove or edit content in their sole discretion. The right to use the Platform is personal and is not transferable to any other person or entity;
(b) You shall not: (a) use the Platform in any unlawful manner (including, without limitation, in violation of any data, privacy or other applicable laws) or in any manner that interferes with or disrupts the integrity or performance of the Services and/or the Platform or its components, (b) modify, adapt or hack the Platform to, or otherwise attempt to, gain unauthorized access to the Platform or networks, or (c) use the Platform to obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Services available at the Platform;
(c) Payment and other details entered by You during the course of your first transaction on the Platform are securely stored by the Company to enable it to facilitate other purchases by You over the Platform. You represent and warrant to the Company that such information and Your Content is true and that You are authorized to use the payment instrument. You will promptly update your account information and Your Content with any changes (for example, a change in your billing address or credit card expiration date) that may occur from time to time.
(e) Company uses reasonable security measures to protect the data we receive via the Platform. However, we cannot guarantee that third parties will never defeat our security measures. You acknowledge that You are using the Platform and sharing Your Content and information at your own risk.
(f) You hereby agree that, You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that You upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the Services (“Your Content”). Company reserves the right to access your account in order to respond to your requests for technical support. By posting or providing Your Content on or through the Platform, You hereby do and shall grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content. Company has the right, but not the obligation, to monitor the Services, Platform content, your account profile and/or Your Content. You further agree that Company may remove or disable any content from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all.
(g) You must not use the Platform for any of the following: • For fraudulent purposes, or in connection with a criminal offense or other unlawful activity; • To send, post, use or reuse any material that does not belong to You; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with
foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"; or
• To cause annoyance, inconvenience or needless anxiety.
5.1.Employer and Freelancer
5.2.Users and the Company
(a) General: Company is not a party to the dealing, contracting and fulfillment of any work or services between the Employer and the Freelancer. Company has no control over and does
not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of work/service listings, the qualifications, background, or abilities of Users, the ability of Freelancers to perform services, the ability of Employers to pay for services, or that the Employer the Freelancer can or will actually complete a work or perform the required services. Company is not responsible for and will not control the manner in which a Freelancer operates and is not involved in the hiring, firing, discipline or working conditions of the Freelancer. All rights and obligations for the purchase and sale of services or other deliverables are solely between an Employer and a Freelancer. Company will not provide any Freelancer with any materials or tools to complete any work or services. Employers and Freelancers must approach solely to each other for enforcement and performance of all the rights and obligations arising from Work Conditions and any other terms, conditions, representations, or warranties associated with such dealings.
(d) Taxes: Users are responsible for payment and reporting of any taxes. Company is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes. You agree that You will abide by any and all applicable tax statutes and regulations.
(a) Upon completion of a work/service for an Employer, the Freelancer will raise an invoice (the “Invoice”) and submit it on the Platform. Invoice must complete with all the details, including, but not limited to, hours worked and description of work/service, etc. Company
will submit the Invoice to the Employer and the Employer shall submit the payment specified in the Invoice (“Payment”) to the Company, in a manner and form as intimated by the Company to such Employer. When an Employer makes a payment through the Platform, Company deducts the appropriate service charges/fee as described on the Platform (from time to time) and transfers the remainder of the Payment to the Freelancer within 15 days of its receipt from the Employer. (b) If the Employer disputes any amount stated in the Invoice, the Employer will pay the entire Invoice amount within the time period as stated in the Invoice and the parties will cooperate to verify any disputed amounts. Any Invoice amount received by the Company and disputed by an Employer will not be payable to a Freelancer until such dispute is resolved. Company’s obligation to pay any payment (less applicable service charge/fee/commission) is expressly conditioned upon: (a) Company’s receipt of payment from the respective Employer and (b) resolution of all outstanding disputes with respect to such Invoice amount and/or payment. Upon resolution of the dispute, the Company will pay the settled and agreed amount to the Freelancer (less applicable service charge/fee/commission) and/or return the surplus paid amount (if any) to the Employer within 15 days upon receiving confirmation from both the parties that the said dispute has been resolved.
(c) Company reserves the right, at its sole discretion, to place a hold on any such transfers (as stated above) if Company suspects that any such amount may be subject to charge back, bank reversal, failure to clear or fraud. Company will release a hold as soon as practical.
(d) Company is not registered as a Financial Institution under the Companies Act, 2013 or the Banking Regulation Act, 1949 or any other laws for the time being in force in India and do not provide banking services and are not acting as trustee or fiduciary with respect to you funds/payments.
7. FEES AND PAYMENT TERMS
(a) Company may charge the Employers for respective part of Services provided through the Platform at such rates and charges as displayed/intimated by the Company from time to time through the Platform. To extent the Services or any portion thereof is made available for any service charge/fee/commission, You will be required to make a payment and provide the Company, information regarding your credit card or other payment instrument. You agree to pay the Company the Invoice amount and any such amount that may be specified by the Company on its Platform from time to time and in accordance with the terms of this Term of Use. If your payment plan involves subscription payments, You hereby authorize the Company to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until You or we terminate your account, and You further agree to pay any charges so incurred. If You dispute any charges as charged by us, You must let the Company know within seven (7) days and after the expiry of such date any charges as levied by the Company shall not be disputable by You. We reserve the right to change prices of our Services at any time and shall be applicable with immediate effect, your continued use of the Services after the price change becomes effective constitutes your agreement to pay such amount.
(a) The Platform may support payment via following payment methods:
• Online payment via Debit Card, Credit Card • Internet banking
(a) While availing any of the payment method(s) available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to: (a) Lack of authorization for any transaction/s, or (b) Exceeding the preset limit mutually agreed by You and between "Bank/s", or (c) Any payment issues arising out of the transaction, or (d) Decline of transaction for any other reason(s).
(c) Company acts as a payment provider by creating, hosting, maintaining, and providing the Billing and Payment Services to You via the Internet. Company does not have any control over the services invoiced or paid for with its Billing and Payment Services. Company does not guarantee the identity of any of its User nor does it control whether the Freelancer and/or the Employer will actually complete a transaction. Company is not responsible in any way for the timeliness or accuracy of the invoices or the timeliness, accuracy, completion or workmanship of any work provided by a Freelancer as a result of a service obtained by the
(d) By using Company’s Billing and Payment Services, you expressly acknowledge that (a) Company is not acting as a trustee or a fiduciary of Employers or Freelancers and that the Billing and Payment Services are provided to Users administratively.
(e) You understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely receiving payment with respect to the Billing and Payment Services and/or for its Services as provided through the Platform by using the existing authorized banking infrastructure and Credit Card payment gateway networks. You further understand, accept and agree that any payments transferred through the Platform are not insured deposits and are subject to default, loss or forfeiture.
(f) Company reserves the right to seek reimbursement from You, and You will reimburse Company, if Company discovers a fraudulent transaction, erroneous or duplicate transaction, or if Company receives a charge back or reversal from any Employer’s credit card company, bank, or for any reason. You agree to and acknowledge Company’s right to investigate any and all transactions for fraud. Further, You agree to cooperate with any reasonable requests made by Company in an effort to investigate fraud. You agree that Company has the right to obtain such reimbursement by charging your account, deducting amounts from future transfers, charging your credit card or any bank account associated with your account, or obtaining reimbursement from You by any other lawful means, including using a third party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of your account/profile.
(g) Employers agree to use the Company’s Billing and Payment Services to make all payments to Freelancers, whether first-time, repeat, or follow-on. You also agree not to take any action directly or indirectly to circumvent the Billing and Payment Services or any associated fees. As a Freelancer, you agree to use Company’s Billing and Payment Services to receive all payments from Employers identified through the Platform, whether first-time, repeat, or follow-on. Additionally, You agree not to circumvent the Company’s Billing and Payment Services or any associated fees.
(h) As an Employer, You agree to notify the Company immediately if your Freelancer solicits payment from You outside the Platform. As a Freelancer, You agree to notify the Company immediately if your Employer seeks to pay You outside the Platform. If You are aware of a breach of the foregoing prohibitions, or any potential circumvention of the Company’s Billing and Payment Services, please submit a confidential report to the Company at email@example.com
(i) If, for any reason, Company does not receive payment for any amounts that You have authorized to be paid through your use of the Billing and Payment Services or other Services of the Company, You agree to pay such amount immediately upon demand by the Company. You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by the Company in collecting from You the authorized but unpaid amount. In such case, Company may, at its option, stop processing any further payments made by You and apply any amounts then held by Company on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the Company’s Service including but not limited to the Billing and Payment Services. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
8. INTELLECTUAL PROPERTY& CONTENT ON PLATFORM
(a) Company owns or has the required licenses to use the Platform including IP Rights which means all rights in patents, trademarks, trade names, copyrights, trade secrets, know-how, data (including all applications therefore), and all proprietary rights under the laws of India, any other jurisdiction or any treaty.
(b) No rights, title and interest in any Platform, including IP Rights, are granted to You unless specifically agreed in this Term of Use. Company grants You a limited license to access and make use of the Platform. This license does not include any downloading or copying of the content for the benefit of any third party; caching, unauthorized hypertext links to the Platform and the framing of any content available through the Platform uploading, posting, or transmitting any content that You do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Company’s sole discretion) an unreasonable or disproportionately large load on Platform’s infrastructure. You may not bypass any measures used by the Platform to prevent or restrict access to the Platform. Any unauthorized use by You shall terminate the permission or license granted to You by the Company.
8.2 General skills and knowledge
(a) Unless expressly stated in this Term of Use, nothing stated herein prohibits the Company from utilising any skills or knowledge of a general nature gained or created by the Company during the course of providing Services through the Platform, including, information publicly known or available or that could reasonably be acquired in similar work performed for another customer of the Company.
8.3 Usage data
(a) You hereby agree that, Company may publish, share or otherwise distribute, to any party the usage data, provided that such usage data is aggregated with the data from other customers/Users in a manner that does not allow usage data about the User to be separated from the aggregate data and identified as relating to the User. You acknowledge that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company’s objective to make the Platform accessible 24X7, the Platform may not be unavailable from time to time for any reason including, without limitation, routine maintenance or if the User is out of coverage area etc. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Platform may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Platform, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
8.4 Other Restrictions
Unless expressly stated herein, You will not:
(a) directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code, trade secrets or know-how in or underlying Platform;
(b) use the Platform for any illegal, unauthorised or otherwise improper purposes;
(c) modify or make derivative works of any part of the Platform;
(d) access the Platform in order to build a similar or competitive product or service;
(e) use the Platform in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of these Term of Use (including use of content that Company determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any third party's IP Rights); or
(f) use the Platform in a way that unnecessarily interferes with the normal operation of the Platform or that consumes a disproportionate share of the resources of the Platform, or any component of it.
(i) You agree that the rights You grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by You to the Company, including the execution of deeds and documents, at its request.
10. REPRESENTATION AND WARRANTIES
10.1 Your representations and warranties
(a) You represent and warrant to the Company that: (i) You have full power and authority to enter into this Term of Use; (ii) You own all Your Content or have obtained all permissions, releases or rights (as may be required) to obtain Services of the Company; (iii) Your Content and other activities in connection with the Platform and Company’s exercise of all rights and license granted by You herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) You are eighteen (18) years of age or older.
(b) You hereby further represents that by uploading any content, statement of your financial status or your proof of residence, You have the lawful right to reproduce and distribute such content and that the content complies with all laws and is true and authentic and is not in any event placed on the Platform to defraud other parties or create a false impression in their minds that You have a sound financial status or are reasonably committed to deliver the repayments on time. You also represent that You have not ever been accused to any fraud, misrepresentation or default in repayment of any claims or monies