Terms and Conditions
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Terms and Conditions
Find My Seva (hereinafter also referred to as “Company”, “we”, “our” or “us”) operates http://tb5.6d8.myftpupload.com/ (“Website”) as well as any other related products and services (collectively, the “Services“). These Terms and Conditions (“Terms”) govern the use of the Services provided by Find My Seva. By accessing and/or otherwise using the Services in any manner, you, therefore, agree that you have read and accepted these Terms.
This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms and Conditions for access or usage of domain name.
We reserve the right to modify these Terms, without notice, at any time. You understand that your continued use of the Services after these Terms have been modified constitutes your acceptance of these Terms as amended. Regularly checking and reviewing this page ensures that you are updated on the Terms governing your use of the Services.
If we believe that the modifications are material, we will notify you of the changes by posting a notice on our Website, or emailing you at the email address provided to us by you, and as we may deem appropriate. What constitutes a material change will be determined by us, at our sole and absolute discretion.
AGREEMENT TO TERMS
By accessing this Website, you agree to be bound by the same and acknowledge that it constitutes an agreement between you and the Company (hereinafter the “User Agreement”).
You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. The terms ‘user(s)’, “your” and ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the Website at any point in time.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. PLEASE READ THIS AGREEMENT THOROUGHLY AND CAREFULLY.
REGISTRATION, ACCOUNTS, AND PASSWORDS
A user is required to create an account by using an email and password and providing the necessary details about the User in order to be eligible to use our Services. User(s) are responsible for the personal protection and security of any password or email you may use to access the Website. You are responsible for all activity conducted on the Website that can be linked or traced back to your email or password.
You are obligated to immediately report a lost or stolen password by contacting us as per the contact details mentioned on the Website. If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information, including user names of accounts, and other information to comply with applicable laws and lawful government requests.
ELIGIBILITY CONDITIONS
In order to use the Website, You need to be eighteen (18) years of age or older. The Website may only be used or accessed by such persons who can enter into and perform legally binding contracts under the applicable laws. Find My Seva shall not be liable in case of any false information is provided by the user including the user’s age and the user and/or his natural or appointed guardian alone shall be liable for the consequences as per the applicable laws.
Find My Seva disclaims all liability arising out of such unauthorised use of the Website and any third-party liability arising out of your use of the Website if you are a minor.
EMAIL COMMUNICATION
By registering on the Website, you understand that we may send you communications or data regarding our Services. You agree to receive such communications from us. Unless such email is necessary to facilitate a transaction, such as sending you transaction details, information related to the competition or providing you other information related to a Service, we will give you the opportunity to opt-out of receiving these commercial emails from us by unsubscribing. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.
You also agree that all notices, disclosures, agreements, and other communications we provide you by email satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business by email, and our agreement to do so, applies to all your interactions and transactions with the Company. Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.
USER RESPONSIBILITIES
As a user of “Find My Seva,” you agree to the following responsibilities:
- You must comply with all applicable Indian laws, regulations, and statutes while using our platform. This includes but is not limited to, laws related to privacy, consumer protection, and intellectual property rights.
- Any content you post or upload to our platform, including text, images, reviews, and comments, must comply with Indian laws, including those pertaining to defamation, copyright, and intellectual property rights.
- You must treat all users of the platform with respect and courtesy. Harassment, discrimination, hate speech, or any form of abusive behaviour will not be tolerated.
- We encourage users to provide honest and constructive feedback on their experiences with other users. If you encounter any violations of these Terms or suspect fraudulent activity, please report it to us promptly.
Failure to adhere to these user responsibilities may result in various actions, including the suspension or termination of your account. Find My Seva will not be responsible for any damages resulting from the use of the Website by anyone.
TERMS APPLICABLE TO VENDORS
Vendors must be legally eligible to provide the services vendors offer on our Platform. By registering as a vendor, vendors represent and warrant that vendors have the necessary skills, qualifications, and licenses to provide the services.
Vendors agree to provide accurate and up-to-date information when registering as a vendor. Vendors are responsible for maintaining the accuracy of profile information and updating it as necessary.
Vendors are responsible for creating accurate and detailed listings for the services on our Platform. Service descriptions should clearly outline the scope of work, pricing, availability, and any other relevant information.
Vendors agree to maintain accurate availability information on our Platform and promptly update the availability as necessary. Failure to do so may result in negative feedback from customers.
Vendors agree to provide high-quality services to customers in accordance with the descriptions provided on our Platform. Failure to meet customer expectations may result in negative feedback and may impact the vendor’s reputation on our Platform.
Vendors agree to fulfill service bookings in a timely manner and adhere to any agreed-upon schedules with customers. Failure to do so may result in negative feedback and may impact the vendor’s reputation on our Platform.
Vendors agree to communicate with customers in a professional and courteous manner at all times. Discriminatory language or behaviour towards customers will not be tolerated and may result in the termination of the vendor account.
Vendors agree to respond promptly to customer inquiries and service requests. Failure to do so may result in negative feedback and may impact the vendor’s reputation on our Platform.
Find My Seva may charge service fees for transactions conducted through our Platform. Vendors agree to pay any applicable fees as outlined in our fee schedule. Payments for services rendered will be processed through our Platform. Vendors agree to abide by our payment processing terms and any applicable payment processing fees.
Our Platform may include a feedback system where customers can rate and review vendors based on their experience. Vendors acknowledge that feedback provided by customers may impact the vendor’s reputation on our Platform.
In the event of a dispute with a customer, vendors agree to work in good faith to resolve the issue amicably. Find My Seva may intervene to facilitate dispute resolution if necessary.
Find My Seva reserves the right to terminate the vendor account at any time for violation of these Terms or for any other reason deemed appropriate by Find My Seva.
Vendors may terminate their vendor account at any time by providing written notice to Find My Seva. Termination of account does not relieve vendors of any obligations incurred prior to termination.
RELATIONSHIP
It is essential to understand that this Agreement does not create, intend, or imply the existence of any of the following:
- No Agency Relationship: This Agreement does not establish an agency relationship between the vendor and Find My Seva. Vendors are not agents of the Company, nor does the Company act as the agent. As a user of our platform, vendors are an independent party, and the Company is a separate entity. Vendors have no authority to legally bind Find My Seva.
- No Partnership or Joint Venture: This Agreement does not create a partnership or joint venture between the vendor and Find My Seva. The Company and ventures are not partners or joint venturers.
- No Employer-Employee Relationship: This Agreement does not establish an employer-employee relationship between the vendor and Find My Seva. The vendors are not employees of the Company, and the Company is not the employer. Vendors are independent users of our platform, and vendors are responsible for their own obligations.
- No Franchiser-Franchisee Relationship: This Agreement does not establish a franchiser-franchisee relationship between the vendor and Find My Seva. Vendors are not franchisees of the Company, and the Company is not a franchiser. Vendors are a users of our platform and services under the terms specified in this Agreement. No franchise relationship is established through usage.
This Agreement emphasizes that both parties, Vendor and Find My Seva, maintain their independence and autonomy. Vendors have the discretion to use our Website in accordance with the terms herein, and the Company retains the right to govern and operate the platform independently.
REFUND POLICY
- Our platform facilitates transactions between customers and vendors, wherein payments are directly remitted to the vendor’s account. Presently, we do not impose any commission on these transactions. However, please be advised that this policy is subject to future revision, where commission fees may be introduced.
- We hereby declare that we bear no responsibility for refund requests pertaining to transactions conducted via cash or bank transfer. Any such refund inquiries should be directed exclusively to the respective vendor with whom the transaction was initiated.
- We explicitly disclaim any liability for damages incurred at the work site as a result of services provided by vendors through our platform. Customers are encouraged to engage directly with the vendor to address and resolve any concerns or issues arising from the services rendered.
MODIFICATION AND UPDATES
Find My Seva is committed to improving our Website and providing a seamless user experience. To achieve this, we reserve the right to modify, add, or remove features and functionalities of Find My Seva’s Website, or to suspend or terminate all or part of the Website, with or without prior notice to users.
As part of this commitment, we may also update the Terms or incorporate documents to reflect changes in the law, Find My Seva’s Website, or any other aspect of the relationship between Find My Seva and users. We encourage users to regularly review the Terms to stay informed of any changes.
WEBSITE SECURITY
You agree to use this website only in accordance with these Terms. In the event that your unauthorised use of this website results in loss or damage to any person who then brings a claim against us, you agree to indemnify us for all losses and/or damages arising from such claim.
As a user of this website you undertake:
- Not use our website in any way that causes or may cause damage to the website or impairment of the availability or accessibility of the website; or in any way that is unlawful, illegal, fraudulent, harmful, or in connection with any unlawful, illegal, fraudulent, or harmful activity or purpose;
- Not use our website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
- Not conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction, and data harvesting on or in relation to our website without our express written consent;
- Not to knowingly or recklessly contravene, in the course of using this website, the provisions of any legal or regulatory requirements of any competent authority having jurisdiction over you or over any activity you undertake;
- Not to use this website to make unauthorised attempts to access or interfere with any of our systems or third-party networks;
- Not to use this website to conduct any business or activity or solicit the performance of any activity that is prohibited by law;
- Not to use this website for the transmission or posting of any material which is defamatory, offensive or of an abusive, obscene or menacing nature or which infringes third-party rights, or for the purpose of causing annoyance, inconvenience or needless anxiety to any third party, or send any message which you know to be false or make use of this website for such purpose(s);
- to inform us immediately of any claim or action against you for any use of this website and, on request from us, to immediately cease the act complained of.
Find My Seva is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
USER’S PRIVACY
Find My Seva will not intentionally disclose any personally identifying information about you to third parties, except where Find My Seva, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms. By using the Website, you signify your acceptance of Find My Seva’s Privacy Policy.
Users signing up for the Website are opting in to receive newsletters and other special offers through emails/notifications from the Website. If you do not wish to receive these emails, you may opt-out anytime. Please refer to our Privacy Policy.
INTELLECTUAL PROPERTY RIGHTS
“Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and reinstatements thereof, now or hereafter in force and effect worldwide.
All material content on the Website, including images, illustrations, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is our property, or the property of our affiliates or content suppliers, and is protected by the domestic as well as international intellectual property law, including copyright, authors’ rights, database rights laws, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us.
The compilation of all content on the Website is our exclusive property and is protected by domestic as well as international copyright and database rights laws.
You hereby agree to not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Website or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
REVIEWS AND FEEDBACK
We allow the posting of reviews for the content posted on the Website. We love hearing from our users! So, if you would like the content, please feel free to leave a review on our Website. By submitting a review, you acknowledge that your comments may be used on our Website or in our marketing materials. We reserve the right to edit or remove any reviews that contain inappropriate or offensive language. Any user failing to comply with the Terms may be expelled and refused continued access to, the ability to post reviews in the future.
Under no circumstances will we, our subsidiaries, affiliates, officers, directors, agents, co-branders other partners, employees, or representatives be liable for any loss or damage caused by your reliance on information obtained through these posted comments. The opinions expressed by anyone other than the Company itself are solely the opinions of those users and do not reflect the opinions of the Company or any of its subsidiaries or affiliates.
You also acknowledge and agree that any feedback, including, but not limited to, suggestions, comments, reviews, ratings, or other information, provided by you (collectively, “Feedback”) to us is non-confidential and you hereby grant Company, its affiliates, subsidiaries, successors, and assigns an irrevocable, worldwide, transferable, nonexclusive, royalty-free, and fully sublicensable right to use such Feedback for any purpose without any compensation or attribution to you.
GUIDELINES FOR FEEDBACK
We may provide you with areas on the Services to leave Feedback. When posting Feedback, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.
DISCLAIMER OF WARRANTIES
Your use of the Website is at your sole risk. The Website and the Services are offered on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Services or Website content, or any reliance upon or use of the Website content or Services.
Without limiting the generality of the foregoing, the Company makes no warranty:
- That the information provided on this Website is accurate, reliable, complete, or timely;
- That the links to third-party websites are to information that is accurate, reliable, complete, or timely;
- No advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein;
- Regarding any Services obtained through the Website.
The Company shall have the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Website may discontinue disseminating any portion of information or category of information. The Company does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or use the Website.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, our Company, its affiliates, partners, officers, directors, agents, and employees shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of our website or any content, services accessed from or through our website, (ii) your inability to access or use our website or any content, services accessed from or through our website, (iii) any conduct or content of any third party on our website, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties, (iv) any content obtained from or through our website, or (v) unauthorized access, use or alteration of your transmissions or content.
Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you.
INDEMNIFICATION
You understand and agree that you are personally responsible for your behaviour on the Website. You agree to indemnify, defend and hold the Company harmless from and against all claims, losses, expenses, damages, costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Website or the Content, or any violation by you of these Terms.
GOVERNING LAW AND JURISDICTION
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in all respects in accordance with the Laws of India and shall have exclusive jurisdiction over any dispute arising under this Agreement. The Courts of Goa, India shall have exclusive and supervisory jurisdiction.
NOTICES
Legal notices must be served on the email address provided in the ‘Contact Us’ clause. Notice will be deemed given 48 hours after the email is sent unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
DISPUTE RESOLUTION
If a dispute arises between you and the Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting us, all legal notices and formal disputes should be sent to the Company’s email ID. We agree to consider resolving the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation in accordance with the Arbitration and Conciliation Act, 1996. The place for alternative dispute resolution is in Goa, India.
REMOVAL OF DOUBTS
Notwithstanding anything stated in this Regulation for any unforeseen issues arising, and not covered by this regulation, or in the event of differences of interpretation, the Company may take a decision as he/she may deem fit. The decision of the Company shall be final.
SEVERABILITY
The provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this, agreement. If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that as amended, It is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.”
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
WAIVER
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
AMENDMENTS
Notwithstanding anything contained hereinbefore, We may amend and implement the Terms, whenever required, in the interest of maintaining the standard and improving user experience without any prior notice and you shall be governed by such Terms so implemented from time to time. Please review the Terms from time to time on a regular basis since your ongoing use is subject to the Terms as amended.
FORCE MAJEURE
No one shall be liable for any delay or failure in performance due to events outside the defaulting Party’s reasonable control, including without limitation acts of God, earthquake, riots, war, acts of terrorism, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control.
TERMINATION
Find My Seva reserves the right to terminate or suspend user accounts, with or without notice, under the following circumstances:
- If you violate any provision of these Terms or engage in any activity that is deemed to be in breach of our guidelines, policies, or applicable laws.
- If you use the Website for any illegal, unauthorized, or fraudulent purposes, or engage in any activities that violate the laws and regulations of India.
- If you engage in abusive, harassing, threatening, or harmful behaviour towards other users, Find My Seva employees, or any individuals associated with the Website.
- If you provide false, misleading, or inaccurate information during the account registration process or while using the Website.
- If you fail to comply with any applicable laws, regulations, or these Terms.
Upon termination or suspension of your account, you will lose access to all the features and content associated with your account. Find My Seva shall not be liable to you or any third party for any termination or suspension of your account. If you believe that your account was terminated or suspended in error or wish to appeal the decision, you may contact us for further assistance. However, Find My Seva retains the sole discretion to reinstate or permanently terminate your account as deemed appropriate.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.
If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services.
The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Intellectual Property Rights, Governing Law and Dispute Resolution, Indemnification, Limitation of Liability, and Disclaimer clauses.
CONTACT US
After reviewing this policy, if you have any additional questions, concerning these Terms, please contact us by sending an email to [email protected] by adding the word “Terms” in the subject line.
Effective Date: April 24, 2024.
Last Updated: April 24, 2024.