TERMS AND CONDITIONS
Last updated: 11 January, 2023PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES :
This Terms of Use Agreement was last updated: 11 January, 2023 This Terms of Use Agreement is effective as of March 1st, 2020. OyeBusy Technologies Pvt Ltd ("OyeBusy"), primarily operates, controls, and manages the Services (as defined below) provided by it from its corporate office Bachan Singh Colony Street No 4 Muzaffarnagar 251001 (“Muzaffarnagar Corporate Office”).Please read these terms of use carefully before you start using the site as they will create a binding agreement between you and us and will govern our relationship whilst you are using our websites and apps. By using our site, you indicate that you have read, understood, considered and you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
(i) OyeBusy Technologies Pvt Ltd website and mobile application, including the classified advertisements, forums, various email functions, and Internet links, and all content and OyeBusy Technologies Pvt Ltd services available through the domain and subdomains of OyeBusy located at www.oyebusy.com.
(ii) Online transactions between those users of the Website who are offering services (Everyone, a "Service Professional") and those users of the Website who are obtaining services (each, a "Service User") through the Website (such services, collectively, the "Services"). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or services on the Website. The Website is owned and operated by OyeBusy Technologies India Pvt. Ltd. You acknowledge that the Website serves as a venue for the online distribution and publication of user-submitted information between Service Professionals and Service Users, and, by using, visiting, registering for, and/or otherwise participating in this Website, including the Services presented, promoted, and displayed on the Website, and by clicking on "I have read and agree to the terms of use," you hereby certify that:
(A) you are either a Service Professional or a prospective Service User, and you have the authority to enter into these Terms of Use,
(B) you authorize the transfer of payment for Services requested through the use of the Website, and you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website immediately.
Use our site and App:-
a. Access to our site is permitted on a temporary basis only, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
b. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
c. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our absolute opinion/discretion you have failed to comply with any of the provisions of/in these terms of use.
d. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and that they comply with them.
YOU SPECIFICALLY AGREE THAT BY USING THE OYEBUSY WEBSITE AND APP, YOU ARE AT LEAST 18 EIGHTEEN/ YEARS OLD OR OLDER MAY CREATE AND USE ACCOUNT WITH OYEBUSY. AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT. ALL REFERENCES TO "YOU" OR "YOUR," AS APPLICABLE, MEAN THE PERSON THAT ACCESSES, USES, AND/OR PARTICIPATES IN THE WEBSITE IN ANY MANNER. IF YOU USE THE WEBSITE OR OPEN AN ACCOUNT (AS DEFINED BELOW) ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS AND YOUR ACCEPTANCE OF THE TERMS OF USE WILL BE DEEMED AN ACCEPTANCE BY THAT BUSINESS AND "YOU" AND "YOUR" HEREIN SHALL REFER TO THAT BUSINESS.
You agree to always provide us with accurate and complete info, including if you provide us with your names, address of you or your property, date of birth, email address and/or any credit or debit card information or bank account details. We shall use this information according to our
You agree not to share your account or login credentials with anyone. You shall not sell, transfer or allow any other person to access your account or login credentials. You shall be entirely responsible for maintaining the confidentiality of your account and login credentials.
You agree to notify us immediately if you become aware of any breach of security, including any loss, theft or unauthorized access or disclosure of your account or login credentials.
You may terminate or suspend your account at any time by contacting us at support@oyebusy.com
We may terminate or suspend your account if we determine, at our absolute discretion that:
You have violated or are violating any term of this Agreement;
OyeBusy have stopped or will stop offering any or all services in your area or country;
Terminating your account would be in best interest for OyeBusy, the service providers or any third parties;
If your account is terminated, you will no longer have access to it, including not limited to, any of the data associated with the account, its contents, information, history or services. In case your account is terminated, OyeBusy, any of our subsidiaries, partners, Service Provider / Vendor / Partner have to provide us your government identity proofs like an Aadhar card, PAN card, Driving license, Voter ID Card, Birth certificate, etc for your verification and also provide your bank details for your order related transactions. licensors or any other third parties related to us shall have no liability to you. We also reserve the right to terminate any other accounts you may have created or created in the future.
You hereby acknowledge that you have read, understood, considered and agree that creating and using any and all accounts that you created with OyeBusy involves the risk that your account may be terminated or suspended and that, whenever you use the OyeBusy websites or apps, you will bear the risk in mind and esteem to always adhere to the rules set forth in this Agreement and conduct yourself appropriately.
If you submit any creative ideas, suggestions or materials to us (the ‘Unsolicited Ideas’), you grant OyeBusy , any of our subsidiaries, partners, service providers, licensors and/or any other third parties related to us a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive, and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make available to the public, communicate to the public, sell, offer for sale, and import any and all Unsolicited Ideas, including all copyrights, trademarks, trade secrets, patents, designs, industrial rights, and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including sharing the Unsolicited Ideas with others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to us as specified above are valid, effective, and enforceable. Additionally, you give up any claim that the use by OyeBusy , any of our subsidiaries, partners, service providers, licensors, licensees or any other third parties related to us, of your Unsolicited Ideas and violations of any of your rights, including moral rights, privacy rights, rights to publicity, proprietary or other rights, and rights to credit for the material or ideas set for therein.
While using our websites, apps and account systems, you must comply with all applicable laws, rules and regulations in the jurisdiction in which you reside, as well as the additional rules set out by our Agreement with you and the rules that govern your use of our services.
OyeBusy has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and 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 (/privacy-policy)
1 OyeBusy hereby grants you a non-exclusive, revocable license to use the Website as set forth in the Terms of Use; provided, however, that
(i) you will not copy, distribute, or make derivative works of the Website in any medium without OyeBusy's prior written consent;
(ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and
(iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws. Use of the Website is available only to 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 applicable laws, rules or regulations. You need not register with OyeBusy 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 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 OyeBusy 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 OyeBusy 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 OyeBusy immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without OyeBusy’s 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 OyeBusy 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 OyeBusy or others due to such unauthorized use. An Account holder is sometimes referred to herein as a "Registered User." You acknowledge and agree that you shall comply with the following policies (the "Account Policies"): You will not copy or distribute any part of the Website in any medium without OyeBusy's prior written authorization. You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose. You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete. You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose without OyeBusy's prior written approval.
You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a "mirrored", competitive, or third party site.
You shall not in any way that transmits more request messages to the OyeBusy servers, or any server of a OyeBusy subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. OyeBusy reserves the right to revoke these exceptions either generally or in specific cases.
You shall not recruit, solicit, or contact in any form Service Professionals or Service Users for employment or contracting for a business not affiliated with OyeBusy without express written permission from OyeBusy. You shall not take any action that
(i) unreasonably encumbers or, in OyeBusy's sole discretion, may unreasonably encumber the Website's infrastructure;
(ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or
(iii) bypasses OyeBusy's measures that are used to prevent or restrict access to the Website.
You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. Your access to, use of, and participation in the Website is subject to the Terms of Use and all applicable OyeBusy regulations, guidelines and additional policies that OyeBusy may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that OyeBusy publishes on the Website (the "Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times.
You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, OyeBusy, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.
C. 1. You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile ("Profile"), the posting of your Service ("Offer"), the posting of your desired Service ("Want"), or the posting of any opinions or reviews in connection with the Website, the Service, the Service Professional, or the Service User ("Feedback") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that: misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any Service Professionals; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 ("Minor") in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school; invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent; contains falsehoods or misrepresentations that could damage OyeBusy or any third party; is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate; is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant OyeBusy all of the license rights granted herein; contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right; is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so; intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a OyeBusy employee, agent, manager, host, another user, or any other person though any means; advertises or solicits a business not related to or appropriate for the Website (as determined by OyeBusy in its sole discretion); contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement; contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests; distributes or contains viruses or any other technologies that may harm OyeBusy, or the interests or property of OyeBusy users; contains links to commercial services or websites, except as allowed pursuant to the Terms of Use; is non-local or irrelevant content; contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of OyeBusy
2) You will not send messages to other users containing: offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or unsolicited advertising or marketing of a service not offered on the Website or an external website.
Property Intellectual Rights:-
OyeBusy is the trademark of OyeBusy Technologies Private Limited. We are the owner or the licensee of all intellectual property in our websites and apps, and of the material published on it. Those works are protected by copyright laws and treaties around the world. We, OyeBusy, any of our subsidiaries, partners, service providers, licensors or any other third parties related to us own and reserve all intellectual property rights and other rights and title in and to the OyeBusy, and all data and content included therein, including, user accounts, computer and/or app code, titles, objects, chat logs, phone recordings, artwork, graphics, designs, photos, pictures, sounds, musical compositions and recordings, and methods of operation.
We grant you a limited, non-exclusive, non-transferable, revocable license to use and enjoy the OyeBusy website, apps, for your individual, non-commercial purposes only and expressly conditioned upon your compliance with the terms of this Agreement. Unless otherwise expressly authorized by us in a signed writing, you may not sell, copy, exchange, loan, reverse engineer, decompile, derive script from, translate, lease, grant security interest in, transfer, publish, assign or otherwise distribute any of the OyeBusy (OyeBusy Technologies Pvt Ltd) intellectual property.
You acknowledge and agree that unless we grant you a license, in a signed written contract, you may never use any of our trademarks, service marks, trade names, logos, domain names, taglines, or trade dress. Any reproduction, redistribution, or modification of the OyeBusy and its properties, or use of the OyeBusy or its properties, not in accordance with this Agreement, is expressly prohibited and may result in civil and/or criminal penalties.
You acknowledge and agree that you shall have no ownership or other property interest in your account, and that all rights in and to your account are and shall forever be owned by and inure to the benefit of OyeBusy.
You acknowledge and agree that you have no claim, right, title, ownership, or other proprietary interest in the contents of the websites and/or the apps, and/or any other credits accumulated through any OyeBusy’ websites, apps or account systems, regardless of any consideration offered or paid in exchange.
You acknowledge and agree that OyeBusy , any of our subsidiaries, partners, service providers, licensors or any other third parties related to us, shall not be liable in any manner for the deletion, modification, impairment, hacking, or any other damage or loss of any kind caused to content of the websites, apps, accounts and/or account systems, including deletion of any and all of the websites, apps, accounts, account systems and/or any and all accumulated credits.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organization to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
If you’re a copyright owner or agent thereof and believe that content posted on our websites or in our apps or elsewhere, infringes upon your copyright, please submit a notice to the Legal Department with:
1. An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
2. A description of the copyrighted work that you claim has been infringed;
3. The URL of the location on the website or a screenshot of the location in the app containing the material you claim is infringing;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or the person authorized to act on the copyright owner’s behalf.
Mail:OyeBusy Technologies Private Limited
Bachan Singh Colony Street No 4 Muzaffarnagar 251001
Email: support@oyebusy.com
Please note:- that these notifications are legal notices and that oyebusy may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law. The privacy policy does not protect information provided in these notices.
NO DISCRIMINATION:-
1. Discriminatory Postings:- Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. OyeBusy will not knowingly accept any Posting which is in violation of the law. OyeBusy has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is in any way in violation of any law.
2. Prohibitions with respect to services:- While using the Website, you shall not: post content or items in any inappropriate category or areas on the Website; violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above; fail to deliver payment for Services purchased by you, unless the Service Professional has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Professional's identity; fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User's identity; manipulate the price of any Service or interfere with other users' Postings; circumvent or manipulate our fee structure, the billing process, or fees owed to OyeBusy ; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user); take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website);
3. FEEDBACK:- As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. 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 Service Professional 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.
1. Sanctions for Inappropriate Use of Feedback.:- If you violate any of the above-referenced rules in connection with leaving Feedback, OyeBusy , in its sole discretion, may take any of the following actions:
(i) cancel your Feedback or any of your Postings;
(ii) limit your Account privileges;
(iii) suspend your Account; and/or
(iv) decrease your status earned via the Feedback page.
2. Reporting Inappropriate Use of Feedback.:- You may contact OyeBusy regarding any inappropriate use of Feedback via-email at support@OyeBusy .com.
3. Resolving Disputes in Connection with Feedback:-. In the event of any dispute between users of the Website concerning Feedback, OyeBusy shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE CONCERNING FEEDBACK, OYEBUSY HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM. The foregoing lists of prohibitions provide examples and are not complete or exclusive. OyeBusy reserves the right to
(a) terminate your access to your Account, your ability to post to this Website (or the Services) and
(b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that OyeBusy determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services. OyeBusy reserves the right to restrict the number of emails or other messages that you are allowed to send to other users to a number that OyeBusy deems appropriate in OyeBusy’s sole discretion. OyeBusy may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at OyeBusy 's discretion, OyeBusy will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet.OyeBusy does not and cannot review every Posting posted to the Website. These prohibitions do not require OyeBusy to monitor, police or remove any Postings or other information submitted by you or any other user.
D. Rules for Service Professionals:-
1. PROFILES AND OFFERS MUST NOT BE FRAUDULENT Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not:
(a) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering;
(b) misrepresent the location at which they will provide a Service;
(c) include brand names or other inappropriate keywords in their Profile, Offer, Want, Feedback, or any other title or description relating to a Service;
(d) use misleading titles that do not accurately describe the Service; or
(e) include any information in their Profile that is fraudulent.
2. PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT OYEBUSY FEES Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not:
(a) offer a catalog or a link to a third-party website from which Service Users or any Registered User or user of the Website may obtain the Service directly;
(b) exceed multiple Posting limits;
(c) post a single Service but offer additional identical services in the Service description;
(d) charge fees for traveling further than desired to provide the Service;
(e) offer the opportunity through OyeBusy to purchase the Service or any other service outside of OyeBusy ;
(f) use their Profile page or user name to promote services not offered on or through the Website and/or prohibited services. In case we realize that any professional is involved in any of the above activities, OyeBusy holds the sole discretion to blacklist the professional and withhold any outstanding credits or payments to the professional.
3. FOR ALL WEBSITE USERS Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not:
(a) solicit Service Users to mail cash or use other payment methods not specifically permitted by OyeBusy as approved payment methods;
(b) include links that do not conform to OyeBusy 's policies with respect to third-party links;
(c) use certain types of HTML and JavaScript in Postings, your Profile page, your Offer page, or your Wants page;
(d) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings;
(e) use profanity in any Posting;
(f) acknowledge or credit a third-party service professional for services or products directly connected with your particular Posting (1) with more than 10 words of text at HTML font size greater than 3 and/or a logo of 88X33 pixels (provided that you represent and warrant that you have the necessary rights, licenses, permissions and/or authorizations from the applicable third party to use that third party's name and/or logo), (2) with any promotional material in connection with that third-party company, and/or(3) with a link to the third-party's website with any information in addition to the Service provided via OyeBusy ;
(g) include third-party endorsements in a Posting; or
(h) create a Posting that does not offer a Service. It is further clarified that your registration on the Website shall be deemed to be your consent to be contacted for the purposes mentioned above,
(i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and
(ii) by way of SMS or email notifications or messages in any other electronic form
5. PRODUCTS UTILIZED WHILE RENDERING SERVICES TO THE SERVICE USER(S) The Service Professional will procure the Products from OyeBusy only for rendering the Services facilitated through the OyeBusy ’s Platform. Any Product purchased by the Service Professional from OyeBusy shall only be used for the sole purpose of rendering services booked through OyeBusy Platform. Products sold by OyeBusy to the Service Professional should not be used for personal consumption by the Service Professional under any circumstances.
6. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, OyeBusy , in its sole discretion, may take any of the following actions:
(a) cancel the Posting;
(b) limit the Service Professional's Account privileges;
(c) suspend the Service Professional's Account;
(d) cause the Service Professional to forfeit any fees earned on a cancelled Posting; and/or
(e) decrease the Service Professional's status earned via the Feedback page.
E. Rules for Service Users
1. SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to purchasing or using a Service without paying;
(b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service;
(c) agree to purchase a Service when you do not meet the Service Professional's terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or
(d) misuse any options made available now or in the future by OyeBusy in connection with the use or purchase of any Service.
2. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS If a Service User violates any of the above-referenced rules in connection with his or her Posting, OyeBusy , in its sole discretion, may take any of the following actions:
(a) cancel the Posting;
(b) limit the Service User's Account privileges;
(c) suspend the Service User's Account; and/or
(d) decrease the Service User's status earned via the Feedback page. The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, OyeBusy does not guarantee any confidentiality with respect to any Submitted Content. You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non-confidential basis. You agree that OyeBusy shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services. You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a doctor or a lawyer) is not extended to OyeBusy . OyeBusy may also disclose user information including personal information if OyeBusy reasonably believes that disclosure
(i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority,
(ii) would potentially mitigate OyeBusy’s liability in an actual or potential lawsuit,
(iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity,
(iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or
(v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
2. YOUR REPRESENTATIONS AND WARRANTIES You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that:
(a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize OyeBusy to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use; and
(b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Website.
3. YOUR OWNERSHIP RIGHTS AND LICENSE TO OYE BUSY You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to OyeBusy for posting on the Website, you hereby grant, and you represent and warrant that you have the right to grant, to OyeBusy a perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Website and OyeBusy 's (and its successor's) business operations, including without limitation, for the promotion and redistribution of any part or all of the Website, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your Submitted Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete the Submitted Content from the Website. You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices. You may remove your Submitted Content from the Website at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
4 1. OyeBusy does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and OyeBusy expressly disclaims any and all liability in connection with all Submitted Content. OyeBusy does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and OyeBusy will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the "take down" notification procedure described in Section J below, that such Posting or Submitted Content infringes on another's intellectual property rights. OyeBusy reserves the right to remove any Data or Submitted Content without prior notice. OyeBusy will also terminate a user's access to the Website, if he or she is determined to be a repeat infringer. A repeat infringer is a Website user who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the Website more than twice. OyeBusy also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. OyeBusy may remove such Submitted Content and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.
2. You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that OyeBusy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against OyeBusy with respect thereto, and agree to indemnify and hold OyeBusy , its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
3. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that OyeBusy may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
5. SUGGESTIONS.:- If you send or transmit any communications, comments, questions, suggestions, or related materials to OyeBusy , 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 OyeBusy 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 OyeBusy 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.
J. Copyright Infringement:-
Take Down Procedure OyeBusy has high regard for intellectual property and expects the same level of standard to be employed by its users. OyeBusy 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 help@OyeBusy .com
4 Upon termination of your Account:-
your right to participate in the Website, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Website, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Website. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the OyeBusy system. Unless OyeBusy has previously cancelled or terminated your use of the Website (in which case subsequent notice by OyeBusy shall not be required), if you provided a valid email address during registration, OyeBusy will notify you via email of any such termination or cancellation, which shall be effective immediately upon OyeBusy 's delivery of such notice. Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of OyeBusy Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that OyeBusy shall not be liable to you or any third party for any termination of your access to the Website.
1.OyeBusy offers premium services to Service Professionals for a fee and may in the future offer additional services, like tax preparation and bookkeeping that Service Professionals can also choose to purchase. OyeBusy reserves the right to charge fees for these services at its sole discretion. For the invoice to be raised by Service Professional with respect to the services to be provided to the Service User, OyeBusy shall prepare such invoice.
2. FEES INCURRED BY SERVICE USERS Joining OyeBusy , opening an Account, viewing posted Services, and bidding on posted Services is free. OyeBusy currently does not charge Service Users for transactions completed on the Website between Service Users and Services Professionals. However, OyeBusy reserves the right to charge a fee to Service Users in the future on a per-transaction basis or in any other manner, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after OyeBusy has provided you with thirty (30) days' notice by posting the changes on the Website. If applicable, you agree to pay all fees or charges to your Account based on OyeBusy 's fees, charges, and billing terms then in effect. If you do not pay on time or if OyeBusy cannot charge your credit card, any payment gateway or other payment method for any reason, OyeBusy reserves the right to either suspend or terminate your access to the Website and Account and terminate these Terms of Use. You are expressly agreeing that OyeBusy is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Website and the fees will be billed to your credit card, a payment gateway or other payment method designated at the time you make a purchase or register for a fee-based service. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that OyeBusy may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. OyeBusy reserves its right to initiate appropriate legal proceedings, if necessary, in its sole discretion, to recover such outstanding amounts.
3. You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Professional who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that OyeBusy shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Professional. In case of unregistered Housekeeping services OyeBusy shall pay taxes under Section 9(5) of Central Goods and Services Tax Act, 2017, on behalf of the Service Professional.
Liability for the material on the site:-
7.1. The OyeBusy and the materials displayed on our site are provided to you on ‘as is’ and ‘as available’ basis, without any guarantees, warranties or representations of any kind, express or implied. To the fullest extent permitted by applicable law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our websites or in connection with the use, inability to use, or results of the use of our websites, apps, account systems and/or any websites linked to it and any information and/or materials posted on it, including:
Loss of income or revenue;
Loss of business;
Loss of profits or contracts;
Loss of anticipated savings;
Loss of data;
Loss of goodwill;
Wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site:-
We monitor and may process information about you in accordance with our privacy policy
By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Uploading material to our site:-
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in these terms. You warrant that any such contribution does comply with those standards. In cases where any such contribution does not comply with those standards and is a cause for a claim or a dispute you agree and undertake to indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and nonproprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
You are responsible and liable for any and all communications, information, images, material, their contents and accuracy transmitted, uploaded or posted to our websites, apps or account systems by you to us and any third party.
You hereby acknowledge and agree that none of the communications, information, images, material and their contents will not be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of OyeBusy , any of our subsidiaries, partners, service providers, licensors, licensees or any other third parties related to us won’t be liable for any and all use or disclosure of the communications, information, images, material and their contents. You waive any moral rights you may have in the content that you have posted to the maximum extent permitted by the laws of your jurisdiction.
You hereby represent, warrant and agree that the communications, information, images, materials and their contents shall not violate any third-party rights.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in these terms.
Viruses, hacking and other offences:-
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site and removal of links:-
You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association or in misleading context.
Appropriate link text should always be used in links pointing to our website.
Our site must not be framed on any other site or use any similar technology in relation to the content of the website. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms.
If you wish to make any use of material on our site other than that set out above or to link to us for commercial purposes, please address your request to support@oyebusy.com.
You agree that, should we request the deletion of a link to our website that is within your control, you will delete the link promptly.
If you would like us to remove a link to your website that is included on this website, please contact us. Unless you have a legal right to demand removal, such removal will be at our discretion.
Links from our site;-
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
For other damage arising from a grossly negligent breach of duty by OyeBusy or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of OyeBusy ;
For intentional misconduct;
For damage arising from a negligent breach of an obligation that is essential for the performance of the contract by OyeBusy to the extent that is typical and foreseeable;
For any guarantee given by OyeBusy to you; and
For any liability under a jurisdiction’s applicable services liability legislation.
Because certain states or jurisdictions do not allow for exclusion or limitation of liability for certain types of losses or damages, in such states or jurisdictions, the liability of OyeBusy shall be limited to the fullest extent permitted by applicable law.
Jurisdiction and applicable law:-
The Indian courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND OYEBUSY AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, 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 "WHERE IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
OYEBUSY 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 SERVICE PROVIDER, 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. OYEBUSY DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT.
OYEBUSY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
1) IN NO EVENT SHALL OYE BUSY , OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY:-
(I) ACCESS TO OR USE OF THE WEBSITE OR ANY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS VIA THE WEBSITE, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE WEBSITE IS IN EFFECT;
(II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT;
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY;
(V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
(VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT;
(VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE WEBSITE;
(VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROFESSIONAL; OR
(IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OYEBUSY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
2) IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF OYE BUSY , OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE WEBSITE, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO OYEBUSY BY YOU HEREUNDER. YOU HEREBY ACKNOWLEDGE AND AGREE THAT OYEBUSY SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT OYEBUSY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN WEBSITE USERS ENTERED INTO INDEPENDENTLY OF THE WEBSITE.
THE WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY OYEBUSY . OYEBUSY DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES.
IN ADDITION, OYEBUSY WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE OYEBUSY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD PARTY WEBSITE. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE WEBSITE.
Neither OyeBusy nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS OYE BUSY , AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE WEBSITE; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY.
THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE. IF YOU HAVE A DISPUTE WITH ONE OR MORE WEBSITE USERS, YOU FOREVER RELEASE OYE BUSY (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR ANY SUBMITTED CONTENT. THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY OYEBUSY WITHOUT RESTRICTION.
You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use. You agree that OyeBusy may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website. The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by OyeBusy on the Website, shall constitute the entire agreement between you and OyeBusy concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any provision of this Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and OyeBusy 's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.
Warranty
We provide our services using reasonable skill and care. If we don’t meet the quality level described in this warranty, you agree to tell us and we’ll work with you to try to resolve the issue.
Disclaimers
The only commitments that we make about our services (including the content in the services, the specific functions of our services or their reliability, availability or ability to meet your needs) are
(1) described in the Warranty section,
(2) stated in the service-specific additional terms or
(3) provided under applicable laws. We don’t make any other commitments about our services.
And unless required by law, we don't provide implied warranties, such as the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
xIndemnification
By accepting these User Terms, you agree that you shall defend, indemnify and hold the Company, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
(a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein;
(b) your violation of any rights of any third party, including Service Providers arranged via the Application, or
(c) your use or misuse of the Website.
Excusable Delays (Force Majeure)
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
Miscellaneous
1. In the event of any dispute or difference between the Parties in respect of this Agreement, the construction of any provision of this Agreement or the rights, duties or liabilities of the Parties hereto under this Agreement, the same shall be referred to arbitration by a sole arbitrator to be appointed by the Company and the arbitration shall be conducted in accordance with the provisions of Arbitration and Conciliation Act, 1996. The venue of arbitration shall be at NOIDA. The arbitration proceedings shall be conducted in English. Any award made in such arbitration will be final and binding on the parties. The arbitrator shall have the authority to order specific performance of this agreement. Subject to the foregoing, the Courts at NOIDA, Uttar Pradesh only shall have exclusive jurisdiction.
2. The Courts of Delhi shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the services offered by the Company or the agreement or arrangement between the Service provider and the Customer. All claims and disputes arising under this Terms and Conditions should be notified to the Service Provider or Company within 30 days from the service date after which no claim shall be entertained.
