TERMS & CONDITIONS
This Terms of Use agreement was last updated: 31 July 2019. This Terms of Use agreement is effective as of: 31 July, 2019.
ESESEM Enterprises ("ESESEM") is a Commercial Establishment under the Karnataka Shops and Commercial Establishment Act 1961, situated at 432/102/1 1st Floor, 5th main Road HBR layout 1st Stage, 2nd Block Bangalore - 560043, primarily operates and manages the Services marketplace platform UstaadNow partner app and www.ustaadnow.com known as (“UNPartner”) or (“WebSite”).
The section headings in the Terms and Conditions are for convenience only and have no legal or contractual effect
The terms "We" / "Us" / "Our"/”Company” individually and collectively refer to ESESEM Enterprises and the terms "Visitor” ”User” refer to the users.
This page states the Terms and Conditions under which you (Visitor) may visit this website (“Website”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.
PRIVACY POLICY
ESESEM has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy.
The Privacy Policy is located at: “Privacy Policy” Page on the Website and UstaadNow app.
ACCEPTABLE WEBSITE USE
(A) Free Registration to the UstaadNow Marketplace
Use of the Website is available only to companies and individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we, at our discretion, believe that you are under the age of 18 or that you are not complying with any provisions of these Terms of Use, applicable laws, rules or regulations.
You need not register with UstaadNow to simply visit and view the Website, but to access and participate in certain features of the Website, you will need to create a password-protected account ("Account"). To create an account, you must submit your name, mobile number and email address through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to UstaadNow in providing you with a more customized experience when using the Website. You may also register for an Account using your existing Facebook account and log-in credentials (your "Third-Party Site Password").
You are solely responsible for safeguarding your UstaadNow password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify UstaadNow immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another`s Account without UstaadNow permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.
You hereby expressly acknowledge and agree that you yourself and not UstaadNow will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of UstaadNow or others due to such unauthorized use.
An Account holder is referred to herein as a "Registered User."
(B) Managing service bookings on website
Vendors will receive service bookings on website or UstaadNow partner app from registered customers and will be able to accept the booking and perform the services. The website will allow vendors to track their bookings, modify schedules, review their ratings given by customers. The vendors will be able to accept payments for the services on the website using any of the payments methods listed on the website.
(C) Feedback
As a user in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user or a customer. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Vendor or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.
UstaadNow does not and cannot review every Posting posted to the Website. These prohibitions do not require UstaadNow to monitor, police or remove any Postings or other information submitted by you or any other user.
(D) Prohibition with respect to services
While using the Website or UN partner App, you shall not:
(B) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(C) General Rules
Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
INDEMNITY
The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees, partners, vendors and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of www.ustaadnow.com or www.esesem.com or their breach of the terms .
LIABILITY
User agrees that neither Company nor its group companies, directors, officers, vendors, partners or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user`s transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.
User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company`s total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.
SUGGESTIONS.
If you send or transmit any communications, comments, questions, suggestions, or related materials to UstaadNow, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and UstaadNow is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that UstaadNow is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
UstaadNow has high regard for intellectual property and expects the same level of standard to be employed by its users. UstaadNow may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at support@esesem.com
(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit UstaadNow to locate the material.;
(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
(iv) information reasonably sufficient to permit UstaadNow to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."
Only the intellectual property rights owner is permitted to report potentially infringing items through UstaadNow reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.
TERMINATION
UstaadNow reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that UstaadNow shall not be liable to you or to any third party for any modification, suspension or discontinuance of services.
You may cancel your use of the Website and/or terminate the Terms of Use with or without cause at any time by following the link in your Account under "Account Preferences" to "Deactivate Account."
You agree to indemnify and hold UstaadNow, and its officers, managers, members, affiliates, successor, assigns, directors, agents, Vendors, suppliers, and employees harmless from any claim or demand, including reasonable attorneys` fees and court costs, made by any third party due to or arising out of the Termination of Service.
The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by UstaadNow. Other trademarks, names and logos on this Website are the property of their respective owners.
Data on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. UstaadNow reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
The Website contains UstaadNow Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and UstaadNow owns and retains all rights in the UstaadNow Data and Marks. Subject to these Terms of Use, UstaadNow hereby grants you a limited, revocable, nontransferable, nons ublicensable license to reproduce and display the UstaadNow Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Website.
The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
Each Registered Vendor hereby acknowledges and agrees that UstaadNow is NOT a party to any oral or written agreement for Service between User and Vendor with regards to any Service offered, directly or indirectly, through the Website. All Vendors are independent contractors. Neither UstaadNow nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other Each Registered User acknowledges, agrees and understands that UstaadNow only seeks to provide a platform wherein the Service User and Vendor can be brought together and UstaadNow itself has not role in the execution or provision of Services.
Subject to the provisions regarding disputes between Website participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and Vendor. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with Vendor.
You agree that since UstaadNow only seeks to provide a platform wherein the Registered User and Vendor can be brought together and UstaadNow itself has not role in the execution or provision of Services itself, UstaadNow shall not be responsible or liable for any loss or damage, whether direct or indirect, of any sort whatsoever incurred as the result of any such transaction or dealings. if there is a dispute between participants on the website, or between registered users or vendor, you acknowledge and agree that UstaadNow is under no obligation to become involved. in the event that a dispute arises between you and one or more website users, registered users or any third party, you hereby release UstaadNow, its officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the website or any service provided thereunder.
If a dispute arises between you and UstaadNow, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and UstaadNow hereby agree that we will resolve any claim or controversy at law and equity that arises out of the Terms of Use or the Website. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at support@esesem.com. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
The Terms of Use shall be governed in all respects by the laws of the India and any legal proceeding arising out of this Agreement will occur exclusively in the courts of Bangalore, India.
Aspects of the Website and other UstaadNow services may be supported by advertising revenue. As such, UstaadNow may display advertisements and promotions on the service. The manner, mode and extent of advertising by UstaadNow on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by UstaadNow of any advertised products or services. You agree that UstaadNow shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.
The Website may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Website using your existing account and log-in credentials for such third-party websites. Certain areas of the Website may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Website to be shared with your contacts in your third-party site account. Because UstaadNow has no control over such sites and resources, you acknowledge and agree that UstaadNow is not responsible not liable for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Website, links to third-party sites should in no way be considered as or interpreted to be UstaadNow endorsement of such third-party sites or any product or service offered through them.. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.
You agree that your use of the Website shall be at your own risk. To the fullest extent permitted by law, and UstaadNow and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, Vendors, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this website, the services offered on or through this website, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this website, including without limitation the materials, data and submitted content of other users of this site or other third parties. unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this website, the services offered on or through this website, data, materials, submitted content, and any information or material contained or presented on this website is provided to you on an "as is," "as available" and "whereis" basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. UstaadNow does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the website or submitted content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, any interruption or cessation of transmission to or from the website, any defamatory, offensive, or illegal conduct of any third party or service user or Vendor, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the website or submitted content posted, emailed, transmitted, or otherwise made available via the website.