TERMS & CONDITIONS
You must read, agree to, and accept all of the terms and conditions contained in this Agreement in order to use our website located at SitePandit, all affiliated websites owned and operated by us.
In This Terms of Service
1. Overview and Definitions
SitePandit is an online marketplace and e-commerce shop where buyers “employers” can buy professional services or shop-items by searching for, entering into and managing transactions with providers or sellers of professional services & products respectively.
Following are the terms that are used in “SitePandit”
“Account” means the account that you open when you register on the Website
“Bidding” means an online auction that is solely promoted by a buyer and in respect of which a seller can submit an entry via the website.
“Buyer” or “Employer” means a User that search and purchases Seller Services or items from Sellers or identifies a Seller through the Website.
“Freelancer” or“Seller” means a User that offers and provides services or sells products or identifies as a Seller through the Website.
“Inactive Account” means a User Account that has not been logged into for a continuous 6 months period.
“Intellectual Property Rights” means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any law.
“Products” means all the items in the web shop being sold by the seller or placed for being sold.
“Project” means the work being posted by the Buyer.
“Services” means all services provided by Sellers.
“Shop” means an e-shop for buying the products sold by the Seller.
“Listing” means an entry listed in SitePandit according to selection type.
“Visitor” means anyone who visits SitePandit
“Website” means the World Wide Web site operated by SitePandit at http://www.SitePandit.com or any replacement URL.
By accepting this Terms of Service, you agree that this Terms of Service will apply whenever you use the SitePandit Website, or when you use the tools we make available to interact with the SitePandit Website.
3. Registration Eligibility
You will not use SitePandit Website, if you:
- Have been barred from receiving and rendering services under the Courts of Law in India or other applicable jurisdiction; or
- Otherwise, not able to form legally binding contracts; or
- Are under the age of 14; or
- Have been suspended from using SitePandit Website.
A User can be an Individual or a Company/Organization, who agrees to accept this Terms of Service. Users acknowledge and agree that where a business name or company name is associated with their Account, this Terms of Service is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
We may, at our absolute discretion, refuse to register a person or corporate entity as a User.
To become a Registered User and to access Services of SitePandit Website, you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website.
4. USING SitePandit
While using SitePandit you will not:
- post content or items in inappropriate categories or areas on our website, shop and services;
- infringe any of our policies, such as the Code of Conduct;
- cannot share or reveal his/her contact details like – Phone number, email ID & Skype ID;
- fail to deliver payment for services delivered to you, unless the Seller has materially changed the Seller Service provided from the bid or a clear typographical error is made;
- fail to deliver Seller Services purchased from you, unless the Buyer fails to meet the terms, materially alters the terms of the Seller Services from the listing;
- circumvent or manipulate our fee structure, the billing process, or fees owed to SitePandit;
- post false, inaccurate, misleading, defamatory or offensive content (including personal information);
- take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the SitePandit Website);
- transfer your SitePandit account (including feedback) and Username to another party without our consent;
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm SitePandit, the Website, or the interests or property of other users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- download and aggregate listings from our website for display with listings from other websites without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorization;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Freelancer Website;
- copy, modify or distribute rights or content from the SitePandit Website or SitePandit’s copyrights and trademarks; or
- otherwise collect information about Users, including email addresses, without their consent.
5. Intellectual Property Rights infringement
It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Intellectual Property Rights is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us via this link on our Website and we will investigate.
What we own: We own all the SitePandit content that we have put on SitePandit Shop (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Shop sites, and copyright, trademarks, designs and other intellectual property on Shop. We own all the trademarks, logos, service marks and trade names on Shop (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Shop Content or use any of our intellectual property in any way not expressly stated in these terms.
What we don’t own: We do not own the items on Shop; our authors do. So we cannot take responsibility for the quality, safety or legality of the items. We do not warrant that the items or any member content, code, data or materials available on or via the Shop do not infringe the intellectual property rights of a third party. (Each author provides warranties to you directly when you purchase their item – see section 19 – What authors promise you about items.)
Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that authors do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please see the information in our Intellectual Property Rights.
6. Fees And Services
2a) We charge fees for certain services, such as introduction fees for Projects, listing upgrades and memberships. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update you by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post the temporary promotional event or new service on the Websites.
Unless otherwise stated, all fees are quoted in United States Dollars.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided. These taxes will be added to fees billed to you, if applicable.
As we are a company incorporated in India, all fees earned by us from Indian Users will be subject to a 14% Goods and Services Tax (GST) on all fees, which will be shown separately on all invoices.
You must also comply with your obligations under income tax provisions in your jurisdiction.
8. Feedback, Reputation And Reviews
You acknowledge that you transfer copyright of the feedback, reputation and reviews you leave consisting of comments and a multidimensional rating (e.g. quality, communication etc.) together with a composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the Freelancer feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Seller Services via the Website. You may not use your Seller or Buyer feedback (including, but not limited to, marketing or exporting your any or all of your composite rating or feedback comments) in any real or virtual venue other than a website operated by Freelancer or its related entities without our written permission.
Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board or the message board, must relate to a project, contest, item listed, user or service being performed on the Website. An example of a permissible website address would be a portfolio of work.
10. User Services
11. Limits & Fraud Prevention
Please read Code of Conduct.
Since Services are Intangible Goods we must agree on Cancellation & Return Policy.
13. Right To Refuse Service
We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
- if we determine that you have breached or are acting in breach of this User Agreement;
- if you under-bid on any Project in an attempt to renegotiate the actual price privately, avoiding fees;
- if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- you do not respond to account verification requests;
- you do not complete account verification when requested within 3 months of the date of request;
- to manage any risk of loss to us, a User, or any other person; or
- for other similar reasons.
14. Closing Your Account
You may close your Account at any time by using our customer support website or emailing us at email@example.com
You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website, your Account or the Freelancer Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unathourised access of your account resulting from your failure to secure your password.
17. Additional Terms
It is important to read and understand all our policies as they provide the rules for trading on the Freelancer website. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our websites, including but not limited to:
- Code of Conduct
- Code of Conduct, Intellectual Infringement Policy
- Disclaimer Policy
- Cancellation & Return Policy
Kijag InfosystemPvt Ltd. 2nd Floor, #21 3rd Main Road, Amarjyothi Layout , Sanjay Nagar, Bengaluru- 560094, Karnataka
This Agreement contains the entire understanding and agreement between you and Freelancer. The following Sections survive any termination of this Agreement: Fees And Services (with respect to fees owed for our services), Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, and Disputes With Us.
If you have any questions about this Terms of Service or if you wish to report breaches of this Terms of Service, please contact us by using our customer support emailing us at : firstname.lastname@example.org
20. Disputes & Resolution
In case of any dispute between buyer and freelancer or between buyer and SitePandit or freelancer and SitePandit.com, the same shall be first tried to be settled amicably in between the parties. However, in case the problem is not resolved through this method the same shall be referred to our ‘Dispute Resolution Team’ who shall endeavour to settle the dispute and may on its own discretion or on request of the aggrieved party refer the dispute to the Sole Arbitrator, ‘Pawan Choudhary & Associates’ appointed by us, whose decision shall be binding on all the parties and no Appeal shall lie thereafter and the provisions of Arbitration and Conciliation Act shall apply to it. While hearing of any dispute, the law prevailing in India shall be applied if a material party to the dispute is SitePandit and in other cases, law prevailing in country where the service provider is situated shall apply to the dispute.