Terms & Conditions

This document is an electronic record in terms of 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 user agreement for access or usage of www.taskmitra.com website.

These Terms of Use govern the use of the services offered by Coco Ginger Technologies Private limited CIN- U72300MH2014PTC253639 (the "Company") at the Company Web Service. Such services and web site together are hereinafter referred to as the "Service." Please read these Terms of Use and the Company Privacy Policy carefully (the "Privacy Policy") before using the Service. You can read the Privacy Policy here. Your use of the Service constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Use and the Privacy Policy and your representation that you are 18 years of age or older. If you object to anything in these Terms of Use or the Privacy Policy, you are not permitted to use the Service. The Privacy Policy is incorporated by reference into these Terms of Use and these Terms of Use and the Privacy together are hereinafter referred to as this "Agreement."

 

SERVICE CONNECTS MITRA AND TASK POSTERS

The Service is a communications platform for enabling the connection between individuals and/or businesses seeking to obtain task services ("Task Posters") and/or individuals seeking to provide task services ("Mitra"). Task Posters and Mitra together are hereinafter referred to as "Users." Those certain task services requested by the Task Posters, which are to be completed by the Mitra are hereinafter referred to as "Tasks."

COMPANY ONLY PROVIDES A VENUE

The Service is a communications platform for enabling connections between Users. Company does not take part in the interaction between Users. Company does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any ratings provided by Users, Tasks provided by Task Posters, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Company does not have control over the quality, timing or legality of Tasks delivered by Mitra. Company makes no representations about the suitability, reliability, timeliness, or accuracy of the Tasks requested and provided by Users identified through the Service whether in public, private, or offline interactions. Although Company may perform background checks on Mitra, as outlined in more detail below, Company cannot confirm that each User is who they claim to be. Company does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Service.

All Mitra applicants go through an extensive application and vetting process before they can join our community, including criminal background checks via a third party service. TaskMitra adheres to state and Government of India law regarding the use of these background checks. When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.

SCOPE OF TASKMITRA SERVICE

TaskMitra provides a service matching people who have tasks that need doing, or who need to buy a particular item (“Task Posters”) with those willing to do the job or provide the item(“Mitra”).

TaskMitra performs the match only. Apart from enabling a Task Poster to find a Mitra to do a particular task or supply a particular item, TaskMitra accepts no liability for any aspect of Task Poster and Mitra interaction, including but not limited to the description of goods and services offered, the performance of services and the delivery of goods. TaskMitra has no obligation to any user to assist or involve itself in any way in any dispute between a Task Poster and a Mitra.

All information related to tasks to be performed or goods to be provided is supplied by TaskMitra users. TaskMitra does not have any ability or responsibility to review, approve or verify any user posted information prior to publication on the TaskMitra site. You expressly agree that TaskMitra has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any postings by users (including all Mitra and Task Posters), including, but not limited to, the ability of Mitras to perform tasks or supply items, or the honesty or accuracy of any information posted by Task Posters or the Task Posters’ ability to pay for the services or goods requested.

TASKMITRA SERVICE DESCRIPTION:

The TaskMitra Service will be reviewed and updated from time to time. In addition to the points set out below, certain portion(s) of the TaskMitra Service may be separately described on the TaskMitra Site.

A Task Poster with a requirement for a service to be performed or a good to be sold (1) registers as an TaskMitra member and (2) posts an accurate and complete description of the good to be sold or service to be performed (including, but not limited to, the payment offered to the Mitra).

A Mitra with an ability to perform services and/or to acquire goods or services registers as a TaskMitra member and (2) reviews postings by Task Posters.

A user becomes a member of TaskMitra (”TaskMitra Member”) when s/he validly completes a registration form on the TaskMitra Site.

If a Mitra desires to provide services to a Task Poster, Mitra must make a bid in response to the Task Poster’s posting on the Service. By making a bid Mitra confirms that s/he is legally entitled to supply the goods or services described in the posting.

If Task Poster agrees to Mitra’s offer, Task Poster will accept Mitra’s bid by using the ‘Assign’ function on the TaskMitra Site.

(g) Mitra and Task Poster use a public forum on the TaskMitra Site to communicate directly about posted tasks or goods. Once a Task Poster has accepted a bid, the Task Poster and the Mitra can communicate privately using an TaskMitra private messaging service or Mobile phone. Each time a TaskMitra Member receives a message from TaskMitra messaging service, a notification will be sent to the email address that the Member provided at registration with TaskMitra.

(h) Once a Mitra’s bid has been accepted by a Task Poster then the Mitra is obliged to complete the transaction with the Task Poster, unless the task, goods or transaction is prohibited by law, by this Agreement or by any of our Policies.

If a Task Poster in any way updates a post after it has been published on the TaskMitra Site, then all bids for that post that were made prior to the update will be automatically cancelled and the bidding process will recommence . Once a Mitra has provided the goods or services requested by a Task Poster, the Task Poster must log on to the TaskMitra Site and click the “Complete” button for that post. It will be material breach of this Agreement if a Mitra clicks on the “Complete” button for a particular post without having provided the relevant goods or services. If she/he is supplying of goods, a Mitra must not click on the “Complete & Review” button until the goods /service have actually been delivered to the address specified by the Task Posters.

(j) Once a task poster clicks on the “Complete” button relating to a particular post Task Poster must pay the Mitra the agreed price for the goods or services supplied. It will be material breach of this Agreement if, after a Mitra has clicked on the “Complete” button for a particular post, Task Poster fails to pay Mitra the agreed price by the agreed time.

(k) Task Poster must pay Mitra directly and in the manner agreed at the time Mitra’s bid was accepted by Task Poster.

(l) Mitra must pay the TaskMitra Fees.

(m) Once Task Poster their transaction is concluded, both Mitra and Task Poster are strongly encouraged to complete an TaskMitra service review using any feedback features on the TaskMitra Site. TaskMitra will, from time to time, contact You to remind You to complete an TaskMitra service review.

The TaskMitra Site may from time to time include location/ map-based functionality. The TaskMitra Site may display the location of Task Posters and Mitra to persons browsing the TaskMitra Site. Each Task Poster will be asked to pin & provide the street and suburb where the task is to be performed or the goods are to be delivered. A Task Poster should never disclose, in a post, personal details such as Task Poster’s full name, street number, phone number or email address in a post or in any other public communication on the TaskMitra Site. TaskMitra may include tools to help TaskMitra Members of the TaskMitra service to help verifying the identity of Members and other site users (“Identity Verification Services”). These tools may include mobile phone verification technology, verification of payment information , a ‘Reference’ feature. Other Members to post a reference on the TaskMitra Site endorsing him/ her), and integration with social networking sites such as Facebook, Twitter and Linked In. You agree that SuperMitra may not be fully accurate as all TaskMitra services are dependant on user-supplied information. TaskMitra Site users are solely responsible for identity verification and TaskMitra accepts no responsibility for any use that is made of an TaskMitra Identity Verification Service.

Users of the Service cannot contract for Tasks directly with other Users. Company will not be a party to any contracts for Tasks or services. Company facilitates only online contracts by supplying a medium for the exchange of money.

Cash on Delivery (CoD) Task Poster pays Mitra in Cash, once the task is complete. Payments paid in cash (Cash on Delivery) are NOT subject to refunds.

Card on Delivery payment Task Poster pays Mitra by Card, thru mPoS. Mitra would carry the device with them.

Online Payment thru payment gateway while assigning the task to mitra.

Payment will be processed at the end of a completed Task transaction. Task Posters offer payments for each requested Task (such payment, a "Task Payment"). When a Task is marked as Completed by the Task Poster, the agreed upon Task Payment will be transferred to the Mitra’s account held with TaskMitra.When the Task is marked complete by the Taskmitra.

Any reimbursement expenses that are incurred by a Mitra in connection with the completion of a Task may, however, be paid in CASH ONLY.

Billing and Payment Policy

Company will charge your credit card according to the amount agreed upon between you and Company for the use of the Service, and you hereby authorize us to charge your credit card for such amounts. Company retains the right, in its sole discretion, to place a hold on any payment for a completed Task transaction.

Company has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Company, in each case in Company's sole discretion.

You will be liable for all transaction taxes on the services provided under this Agreement (other than taxes based on Company's income).

Payment Accounts

Each Task Poster must properly discharge and credit its Mitra for all CoD transactions. For Online Payment gateway transactions company will credit Mitra ledger once task has been marked complete. Each User understands and agrees that:

The transmission of funds in the manner described herein is not a separate and discrete service that Company provides in addition to the Service. Rather, the transmission of funds in an auditable manner is an integral part of the Service that Company provides.

Each User's payment account is a custodial account administered by Company to facilitate disbursement of each Task Poster's payment to each Mitra.

Company acts as agent of each User and not as a trustee or fiduciary with respect to payments received through Company.

Company holds funds delivered to it in a commingled account at a bank (each, a "Pooled Account"), and may include in the titling of a Pooled Account "Company, for the benefit of others" or similar words. Company maintains records at Company that should, in the event of a bank failure, allow the Ministry of Companies to determine which funds are payable to which Mitra.

Company will not voluntarily make your funds available to its creditors in the event of bankruptcy.

You agree that Company has sole discretion over the establishment and maintenance of any Pooled Account. You agree that you will not receive interest or other earnings on the funds that Company handles as your agent and places in a Pooled Account. In consideration for your use of the Service, you irrevocably transfer and assign to Company any ownership right that you may have in any interest that may accrue on funds held in a Pooled Account. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants Company any ownership right to the principal of the funds you maintain with Company. In addition to or instead of earning interest on Pooled Accounts, Company may receive a reduction in fees or expense charged for banking services by the banks that hold your funds.

Release

The Service is only a venue for connecting Users. Because Company is not involved in the actual contact between Users or in the completion of the Task, in the event that you have a dispute with one or more Users, you release Company (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.Company expressly disclaims any liability that may arise between Users of its Service.

Public Areas

The Service may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. Without limitation, you may not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.

Use the Service for any purpose, including, but not limited to posting or completing a Task, in violation of local, state, national, or international law.

Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.

Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer. Advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered through the Service.

Conduct or forward surveys, contests, pyramid schemes, or chain letters. Impersonate another person or allow any other person or entity to use your identification to post or view chats.

Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.

Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service.

Restrict or inhibit any other User from using and enjoying the Public Areas. Imply or state that any statements you make are endorsed by Company, without the prior written consent of Company.

Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Service in any manner.

Hack or interfere with the Service, its servers or any connected networks.

Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use.

Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Company.

Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.

Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.

All submissions made to Public Areas will be public, and Company will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.

Account, Password, Security and Cell Phone Use

You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Company for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. Company has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Company immediately.

By providing your cell phone number and using the Service, you hereby affirmatively consent to our use of your cell phone number for calls and texts in order to perform and improve upon the Service. Company will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from us by emailing opt-out-texts@taskmitra.com.

Links to Other Web Sites

Links (such as hyperlinks) from the Service to other sites on the Web do not constitute the endorsement by Company of those sites or their content. Such links are provided as an information service, for reference and convenience only. Company does not control any such sites, and is not responsible for their content. The existence of links on the Service to such websites (including without limitation external websites that are framed by the Company Service as well as any advertisements displayed in connection therewith) does not mean that Company endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.

The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by Company's Terms of Use or Privacy Policy. You access such third-party websites at your own risk. Company expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Service. You hereby agree to hold Company harmless from any liability that may result from the use of links that may appear on the Service.

As part of the functionality of the Service, you may link your account with online accounts you may have with third party service providers (each such account, a "Third Party Account") by either:

providing your Third Party Account login information through the Service; or allowing Company to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Company and/or grant Company access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such third party service providers. By granting Company access to any Third Party Accounts, you understand that Company may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the "SNS Content") so that it is available on and through the Service via your account, including without limitation any friend lists, and Company may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Unless otherwise specified in these Terms of Use, all SNS Content, if any, shall be considered to be User Generated Content for all purposes of these Terms of Use. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Service. Please note that if a Third Party Account or associated service becomes unavailable or Company's access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Service. You will have the ability to disable the connection between your account on the Service and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Company is not responsible for any SNS Content. You acknowledge and agree that Company may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Service. At your request made via e-mail to privacy@taskmitra.com, Company will deactivate the connection between the Service and your Third Party Account and delete any information stored on Company's servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.

No Solicitation

The Service may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Service facilitated through Company. You may not use the Service to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of Company.

Your Information and Likeness

"Your Information" is defined as any information and materials you provide to Company or other Users in connection with your registration for and use of the Service, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as "User Generated Content." You hereby represent and warrant to Company that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Company or cause Company to lose (in whole or in part) the services of its ISPs or other partners or suppliers.

The Service hosts User Generated Content relating to reviews of specific Mitra. Such reviews are opinions and not the opinion of Company, have not been verified by Company and each Task Poster should undertake their own research to be satisfied that a specific Mitra is the right person for a Task. You agree that Company is not liable for any User Generated Content.

You hereby grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the Service.

Each Mitra who provides to the Company any videotape, film, record, photograph, voice, or all related instrumental, musical, or other sound effects, in exchange for the right to use the Service, hereby irrevocably grants to the Company the non-exclusive, fully-paid, royalty-free, transferable, sub licensable, worldwide, unrestricted, and perpetual right to:

Use any videotape, film, record or photograph that such Mitra provides to the Company, and use, reproduce, modify, or creative derivatives of such Mitra's picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the "Physical Likeness"), in and in connection with the exhibition, distribution, display, performance, transmission, posting a task on any and all media, including, without limitation, the internet, of any videos or images of such Mitra in connection with the Service.

Reproduce in all media any recordations of such Mitra's voice, and all related instrumental, musical, or other sound effects (collectively, the "Voice"), made in connection with the Service.

Use, and permit to be used, such Mitra's Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Service in any media.

Use, and permit to be used, such Mitra's name and identity in connection with the Service.

Each Mitra hereby waives all rights and releases the Company from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such Mitra's identity, likeness or voice in connection with the Service.

Each Mitra acknowledges that the Company shall not owe any financial or other remuneration for using the recordings provided hereunder by such Mitra, either for initial or subsequent transmission or playback, and further acknowledges that the Company is not responsible for any expense or liability incurred as a result of such Mitra recordings or participation in any recordings, including any loss of such recording data.

Worker Classification and Withholdings

You assume all liability for proper classification of workers as independent contractors or employees based on applicable legal guidelines.

You do not have authority to enter into written or oral -- whether implied or express -- contracts on behalf of Company. You acknowledge that Company does not, in any way, supervise, direct, or control a Mitra's work or Tasks performed in any manner. Company does not set a Mitra's work hours or location of work. Company will not provide a mitra with training or any equipment, labor or materials needed for a particular Task.

The Service is not an employment service and Company does not serve as an employer of any User. As such, Company will not be liable for any tax .You agree to indemnify, hold harmless and defend Company from any and all claims that a Mitra was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Mitra was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney's fees), any claim that Company was an employer or joint employer of the Mitra, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.

Termination and Suspension

Company may terminate or suspend your right to use the Service at anytime for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice.

Without limitation, Company may terminate or suspend your right to use the Service if you breach any term of this Agreement or any policy of Company posted through the Service from time to time, or if Company otherwise finds that you have engaged in inappropriate and/or offensive behavior. If Company terminates or suspends your right to use the Service for any of these reasons, you will not be entitled to any refund of unused balance in your account. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you.

You may terminate this Agreement at any time by ceasing all use of the Service. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that Users see or read through the Service is owned by Company, excluding User Generated Content that Company has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Company owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the Indian Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without Company's express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Company and, if applicable, the holder of the rights to the User Generated Content.

The service marks and trademarks of Company, including without limitation Company and the Company logos are service marks owned by Company. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

Confidential Information

You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Company and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Company in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Company upon termination of this Agreement for any reason whatsoever. The term "Confidential Information" shall mean any and all of Company's trade secrets, confidential and proprietary information and all other information and data of Company that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

Disclaimer of Warranties

Use of the service is entirely at your own risk.

the service is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. company makes no warranties or representations about the accuracy or completeness of the content provided through the service or the content of any sites linked to the service and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein. company does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the service or any hyperlinked website or featured in any banner or other advertising and company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

without limiting the foregoing, neither company nor its affiliates or licensors warrant that access to the service will be uninterrupted or that the service will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the service, or as to the timeliness, accuracy, reliability, completeness or content of any task or service, information or materials provided through or in connection with the use of the service.

neither company nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user.

neither company nor its affiliates or licensors warrant that the service is free from viruses, worms, trojan horses, or other harmful components.

company and its affiliates and licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

in addition, notwithstanding any feature a task poster may use to expedite taskmitra selection, each task poster is responsible for selecting their taskmitra and negotiating terms of work and company does not warrant any goods or services purchased by a task poster and does not recommend any particular taskmitra. company does not provide any warranties or guarantees regarding any taskmitra's professional accreditation, registration or license.

No Liability

you acknowledge and agree that company is only willing to provide the service if you agree to certain limitations of our liability to you and third parties. therefore, you agree not to hold company, its affiliates, its licensors, its partners in promotions, sweepstakes or contests, or any of such parties' agents, employees, officers, directors, corporate partners, or participants liable for any damage, suits, claims, and/or controversies (collectively, "liabilities") that have arisen or may arise, whether known or unknown, relating to your or any other party's use of or inability to use the service, including without limitation any liabilities arising in connection with the conduct, act or omission of any user (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any user, any instruction, advice, act, or service provided by company or its affiliates or licensors and any destruction of your information.

under no circumstances will company, its affiliates, its licensors, or any of such parties' agents, employees, officers, directors, corporate partners, or participants be liable for any direct, indirect, incidental, consequential, special or exemplary damages arising in connection with your use of or inability to use the services, even if advised of the possibility of the same. some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

company does not accept any liability with respect to the quality or fitness of any work performed via the service.

if, notwithstanding the foregoing exclusions, it is determined that company or its affiliates, its licensors, or any of such parties' agents, employees, officers, directors, corporate partners, or participants is liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to company during the six (6) months prior to the time such claim arose.

Indemnification

You hereby agree to indemnify, defend, and hold harmless Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with your use or inability to use the Service. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Company.

Dispute Resolution

INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Company. Company's address for such notices is Taskmitra, Coco Ginger Technologies Private Limited, 3/A Bhatia Bhuvan, Babrekar Marg, Dadar West, Mumbai- 400028

General Provisions

Failure by Company to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. will be governed by and construed in accordance with the law India, without regard to its conflict of laws rules. This Agreement constitutes the entire agreement between you and Company with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of Company, its successors and assigns.

Changes to this Agreement and the Service

Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Service or any content or information through the Service at any time, effective with or without prior notice and without any liability to Company. Company will endeavor to notify you of these changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Company may change, modify, suspend, or discontinue any aspect of the Service at any time without notice or liability. Company may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND THE PRIVACY POLICY AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Coco Ginger Technologies Private Limited CIN- U72300MH2014PTC253639 (“Company”) operates an online platform allowing users (“You”) to outsource tasks and sell products through TaskMitra’s website at http://www.TaskMitra.com/ (“TaskMitra Site” or “TaskMitra Services”).

PLEASE READ THESE TERMS AND CONDITIONS and ALL TASKMITRA POLICIES including the Privacy Policy, the Safety Guidelines, the Marketplace Rules, and the Prohibited Services and Items Policy (collectively the “AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED ON THE TASKMITRA SITE.

Use of the TaskMitra Site confirms that you agree to be bound by this Agreement.

SCOPE OF TASKMITRA SERVICE

TaskMitra provides a service matching people who have tasks that need doing, or who need to buy a particular item (“Task Posters”) with those willing to do the job or provide the item(“Mitra”).

TaskMitra performs the match only. Apart from enabling a Task Poster to find a Mitra to do a particular task or supply a particular item, TaskMitra accepts no liability for any aspect of Task Poster and Mitra interaction, including but not limited to the description of goods and services offered, the performance of services and the delivery of goods. TaskMitra has no obligation to any user to assist or involve itself in any way in any dispute between a Task Poster and a Mitra.

All information related to tasks to be performed or goods to be provided is supplied by TaskMitra users. TaskMitra does not have any ability or responsibility to review, approve or verify any user posted information prior to publication on the TaskMitra site. You expressly agree that TaskMitra has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any postings by users (including all Mitra and Task Posters), including, but not limited to, the ability of Mitras to perform tasks or supply items, or the honesty or accuracy of any information posted by Task Posters or the Task Posters’ ability to pay for the services or goods requested.

TASKMITRA SERVICE DESCRIPTION:

The TaskMitra Service will be reviewed and updated from time to time. In addition to the points set out below, certain portion(s) of the TaskMitra Service may be separately described on the TaskMitra Site.

A Task Poster with a requirement for a service to be performed or a good to be sold (1) registers as an TaskMitra member and (2) posts an accurate and complete description of the good to be sold or service to be performed (including, but not limited to, the payment offered to the Mitra).

A Mitra with an ability to perform services and/or to acquire goods or services registers as a TaskMitra member and (2) reviews postings by Task Posters.

A user becomes a member of TaskMitra (”TaskMitra Member”) when s/he validly completes a registration form on the TaskMitra Site.

If a Mitra desires to provide services to a Task Poster, Mitra must make a bid in response to the Task Poster’s posting on the Service. By making a bid Mitra confirms that s/he is legally entitled to supply the goods or services described in the posting.

If Task Poster agrees to Mitra’s offer, Task Poster will accept Mitra’s bid by using the ‘Assign’ function on the TaskMitra Site.

(g) Mitra and Task Poster use a public forum on the TaskMitra Site to communicate directly about posted tasks or goods. Once a Task Poster has accepted a bid, the Task Poster and the Mitra can communicate privately using an TaskMitra private messaging service or Mobile phone. Each time a TaskMitra Member receives a message from TaskMitra messaging service, a notification will be sent to the email address that the Member provided at registration with TaskMitra.

(h) Once a Mitra’s bid has been accepted by a Task Poster then the Mitra is obliged to complete the transaction with the Task Poster, unless the task, goods or transaction is prohibited by law, by this Agreement or by any of our Policies.

If a Task Poster in any way updates a post after it has been published on the TaskMitra Site, then all bids for that post that were made prior to the update will be automatically cancelled and the bidding process will recommence . Once a Mitra has provided the goods or services requested by a Task Poster, the Task Poster must log on to the TaskMitra Site and click the “Complete” button for that post. It will be material breach of this Agreement if a Mitra clicks on the “Complete” button for a particular post without having provided the relevant goods or services. If she/he is supplying of goods, a Mitra must not click on the “Complete & Review” button until the goods /service have actually been delivered to the address specified by the Task Posters.

(j) Once a task poster clicks on the “Complete” button relating to a particular post Task Poster must pay the Mitra the agreed price for the goods or services supplied. It will be material breach of this Agreement if, after a Mitra has clicked on the “Complete” button for a particular post, Task Poster fails to pay Mitra the agreed price by the agreed time.

(k) Task Poster must pay Mitra directly and in the manner agreed at the time Mitra’s bid was accepted by Task Poster.

(l) Mitra must pay the TaskMitra Fees.

(m) Once Task Poster their transaction is concluded, both Mitra and Task Poster are strongly encouraged to complete an TaskMitra service review using any feedback features on the TaskMitra Site. TaskMitra will, from time to time, contact You to remind You to complete an TaskMitra service review.

The TaskMitra Site may from time to time include location/ map-based functionality. The TaskMitra Site may display the location of Task Posters and Mitra to persons browsing the TaskMitra Site. Each Task Poster will be asked to pin & provide the street and suburb where the task is to be performed or the goods are to be delivered. A Task Poster should never disclose, in a post, personal details such as Task Poster’s full name, street number, phone number or email address in a post or in any other public communication on the TaskMitra Site.

TaskMitra may include tools to help TaskMitra Members of the TaskMitra service to help verifying the identity of Members and other site users (“Identity Verification Services”).

These tools may include mobile phone verification technology, verification of payment information , a ‘Reference’ feature. Other Members to post a reference on the TaskMitra Site endorsing him/ her), and integration with social networking sites such as Facebook, Twitter and Linked In. You agree that SuperMitra may not be fully accurate as all TaskMitra services are dependant on user-supplied information. TaskMitra Site users are solely responsible for identity verification and TaskMitra accepts no responsibility for any use that is made of an TaskMitra Identity Verification Service.

TaskMitra Site may also include a member-initiated feedback system to help evaluate TaskMitra Member(s).

The TaskMitra Services may be modified at any time.

MEMBERSHIP ELIGIBILITY.

An TaskMitra membership can be created in the name of an individual /Business / Contractor. However, a TaskMitra Member registering as a Mitra or Task Poster may specify within the ‘user account description’ field that s/he is representing a business entity (including a company). To become an TaskMitra Member you must be able to form legally binding contracts under applicable law. Our services are not available to persons under 18 years of age. If You do not qualify to use the TaskMitra Services, You must not use the services.

Mitra must supply valid Bank account details for Task payment net of TaskFees set out in the Agreement.

While You are an TaskMitra Member You must maintain control of your TaskMitra account.You may not deal with your account (including feedback and associated Member UserID) in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person).

MEMBER’S OBLIGATIONS

You agree that at all times:

You will comply with this Agreement (including all TaskMitra Policies) and all

Applicable laws and regulations;

(a) You will post only accurate information on the TaskMitra Site;

(b) You will promptly and efficiently perform all your obligations to other TaskMitra Members and to TaskMitra ;

(c) all content posted on the TaskMitra Site belongs to TaskMitra and may not be used on third party sites or for other business purposes without TaskMitra’s prior permission; and

(d) You will ensure that you are aware of any laws that apply to You as a Task Poster or a Mitra, or in relation to any other way(s) that You use the TaskMitra Site.

You must not use the TaskMitra Site for any illegal or immoral purpose. Any information posted on TaskMitra Site must not, in any way whatsoever, be potentially or actually harmful to TaskMitra or any other person, economic loss that will or may be suffered by TaskMitra. Without limiting any provision of this Agreement, any information You supply to TaskMitra must be up to date and kept up to date and must not…

be false, inaccurate or misleading or deceptive;

be fraudulent or involve the sale of counterfeit or stolen items;

infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;

(e) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);

(f) be defamatory, libelous, threatening or harassing;

(g) be obscene or contain any material that, in TaskMitra's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;

(h) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any TaskMitra website, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept,access without authority or expropriate any system, data or personal information.When You enter into a transaction using the TaskMitra Site You create a legally binding contract with another TaskMitra Member, unless the transaction is prohibited by law or by this Agreement (including the TaskMitra Policies). If You do not comply with your obligations to another TaskMitra Member, You may become liable to that other Member. If another Member breaches any obligation to You, You -not TaskMitra -are responsible for enforcing any rights that You may have.

FEES

Becoming an TaskMitra Member is free. There is no charge for a Task Poster to post tasks, or for other TaskMitra Members to review content on the TaskMitra Site, including postings. If You are a Mitra and a Task Poster accepts a your bid to perform services, Mitra agrees to pay the following amounts to TaskMitra, which are inclusive of Service Tax & CESS (“TaskMitra Fees”): an amount equal to fifteen per cent (15%) of the amount that You agreed . You would charge the Task Posters to complete the relevant task or provide the relevant item requested (“Variable Amount”);

The TaskMitra Fees will become due to TaskMitra on the earlier of: the date on which Mitra notifies the Task Poster that task completed; or the date specified by the Task Poster as the deadline for completion of the task, and regardless of whether Task Poster actually pays Mitra.

On the date that the TaskMitra Fees become due to TaskMitra under this section 4.3, both the Flat Fee and the Variable Amount will be automatically charged to the Mitra’s ledger account.That was submitted when the Mitra registered. On that same date, an invoice for the amount of fees charged will be issued to the Mitra by email.To be clear, TaskMitra Fees will be calculated only on the amount that the Mitra Agrees to charge the Task Poster to complete a task or deliver goods. This means that:if a Task Poster requires a Mitra to incur costs in completing a task (for example, if the task is purchasing groceries, Mitra might agree to pay for the groceries upfront and then be reimbursed by the Task Poster), then the cost incurred will not be included in any calculation of the TaskMitra Fees.(b) If a Task Poster uses an online payment service to send payment to a Mitra, any ‘out of pocket’ costs that the Task Posters authorised the Mitra to incur must be paid to the mitra by cash.If a Mitra agrees to pay some of the costs as part of completing a task, Mitra is solely responsible for having those costs reimbursed by the Task Poster. TaskMitra will not be responsible for obtaining any reimbursement from a Task Poster. We advise Mitra not to agree to incur any costs for a Task Poster in advance of payment by the Task Poster, unless the Mitra is confident that the Task Poster will reimburse the costs promptly.

TaskMitra may from time to time change the TaskMitra Fees and the terms applying to their payment. Any change relating to the TaskMitra Fees is effective fourteen (14) days after TaskMitra notifies You of that change by sending a message to your TaskMitra account.TaskMitra may choose to temporarily modify the TaskMitra Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be sent to your TaskMitra account.All fees and charges payable to TaskMitra are non cancellable and non refundable.If TaskMitra introduces a new service on the TaskMitra Site, the fees applying to that service will be payable as from the launch of the service and will also be “TaskMitra Fees” under this Agreement.Where Mitra is supplying goods/ Services, Mitra must not charge a Task Poster TaskMitra Fees on top of the agreed price for the goods / Services, unless, at the time of making his/ her bid, Mitra specified that the offered price did not include the TaskMitra Fees.

POSTING AND BIDDING

A post must include the following details in order to be accepted by TaskMitra:

Deadline for completion: the deadline for completion of the task or delivery of the goods;Price: the price that the Task Poster is prepared to pay for the goods or services required;Description a description of the goods or services; and Payment method: how Task Poster will pay Mitra.

As well as the basic details mentioned in paragraph 5.1, a Task Poster may choose to specify additional terms that s/he wants to apply to the transaction.

Task Posters must describe the task or item fully and accurately and include all terms of sale or supply that You want apply, as well as any information required by law. Postings may only Include text. You must have the legal right to use the any content that You post. TaskMitra may, in its sole discretion, remove any Task Poster posting for any reason.

Prior to the acceptance of a bid by a Task Poster, all communications between a Task Poster and the TaskMitra Member(s) bidding to supply the goods or services are visible to all other TaskMitra Members and can also be viewed by other internet users. All users of the TaskMitra Site must take care when communicating at the bidding stage and must not disclose any personal information such as full name or address, phone number or email address. In making a bid, a Mitra agrees to provide the relevant goods or services within the timeframe and on the terms and conditions specified in the Task Posters’ post (unless the Mitra and the Task Poster agrees to vary the timeframe or the terms and conditions in the course of negotiations, in which case the Mitra must provide the goods or services in accordance with the agreed timeframe and terms and conditions).

Once a Task Poster accepts a Mitra’s bid, no further negotiations are permitted on the TaskMitra Site in relation to the relevant task or item. If, after acceptance of a bid, Mitra and Task Poster wish to negotiate on price or timeframe for completion (for example, where Task Poster is not satisfied with the Mitra’s performance) they may use the TaskMitra private messaging system, but otherwise those negotiations (and the resolution of any disputes) must be done outside the TaskMitra Site.

If an TaskMitra Member, Mitra or Task Poster wishes to complain about any comment/chat made on the TaskMitra Site, please either use the ‘Report’ function available from time to time on the site, or email TaskMitra using the contact information on the site.

Task Posters may choose not to accept any bid received. Task Posters may withdraw any posting at any time prior to acceptance of a Mitra’s bid.

An TaskMitra Member or Mitra has no obligation whatsoever to bid on any posting.

NEGATIVE FEEDBACK.

TaskMitra is entitled to suspend or terminate your membership at any time if TaskMitra, in its sole and absolute discretion, is concerned by any feedback about You, or considers your feedback rating to be problematic for other TaskMitra Members.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW TASKMITRA SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE (ACTUAL, SPECIAL, DIRECT, INDIRECT AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN,SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (INCLUDING,WITHOUT LIMITATION, LOSS OR DAMAGE RELATING TO ANY INACCURACY OF INFORMATION PROVIDED, OR THE LACK OF FITNESS FOR PURPOSE OF ANY GOODS OR SERVICE SUPPLIED), ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY TRANSACTION BETWEEN TASK POSTERS AND MITRA.

DEFAULT IN TRANSACTIONS.

If You, as a Mitra or Task Poster, fail to complete a transaction and do not have a lawful excuse for such failure, then in addition to TaskMitra's rights under this Agreement (including any TaskMitra Policy) to suspend (temporarily or indefinitely) or terminate any user’s membership, You may be in breach of your obligations to both TaskMitra and the Mitra or Task Poster with whom you are transacting.

PRIVACY.

TaskMitra Privacy Policy applies to all Members and forms part of this Agreement. Use of the TaskMitra Site confirms that You consent to, and authorize, the collection, use and disclosure of your personal information in accordance with TaskMitra Privacy Policy.

NO WARRANTY.

THE TASKMITRA SERVICE IS PROVIDED ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT TO EXTENT ALLOWED BY LAW.

MODIFICATIONS TO THE AGREEMENT

TaskMitra may modify this Agreement and/ or the Policies (and update the TaskMitra pages on which they are displayed) from time to time. TaskMitra will send notification of such modifications to your TaskMitra account. You should check that account regularly.Except as stated in this Agreement, in a Policy, or as otherwise notified to You, all amended terms will automatically be effective 30 days after they are initially notified to You. Each time You use the TaskMitra Site in any manner after the expiry of that 30 day period, You acknowledge any changes to the Agreement (including the Policies) and confirm your agreement to be bound by the Agreement as it may have been varied.If You do not agree with any changes to this Agreement (or any of our Policies), You must terminate your TaskMitra membership. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any TaskMitra Policy cannot be amended except in writing signed by You and TaskMitra.

NO AGENCY.

No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind TaskMitra, its related entities or affiliates in any way whatsoever.

NOTICES.

Except as stated otherwise, any notices must be given by registered ordinary post (or by email, either to TaskMitra contact address as displayed on the Site, or to TaskMitra Members’ contact address as provided at registration). Any notice shall be deemed given:if sent by email, 24 hours after email is sent, unless the Task Poster is notified that the email address is invalid, (b) if sent by pre-paid post, three Business Days after the date of posting,or on the seventh Business Day after the date of posting if sent to or posted from outside Australia. In this section, "Business Day" means a day on which banks are open for general business in Mumbai, India

MEDIATION AND DISPUTE RESOLUTION.

TaskMitra encourage You to try and resolve disputes with other TaskMitra Members directly.To use a certified mediation (such as online dispute resolution processes) or an arbitration entity, or to report disputes to your local police or law enforcement agency as appropriate.Any controversy or claim arising out of, or in connection with, this Agreement between TaskMitra and You may be settled by independent, confidential mediation by reference to a commercial disputes centre, at either party's election. You and TaskMitra agree to be bound by the outcome of that mediation. Each of You and TaskMitra will bear its own costs (and split equally any joint costs) of mediating the dispute.

DELIVERY TERMS AND CONDITIONS

Regardless of any payment instructions or provisions to the contrary, the poster/ Sender & receiver shall always remain ultimately liable for payment of all costs, charges and expenses (which shall without limitation include octroi, state and local taxes and imposts) related to the shipment and for costs incurred either in returning the shipment to the shipper or warehousing the shipment pending such return. TaskMitra shall not be liable for damages sustained in any event of destruction or loss of or damage to any shipment arising from causes beyond its reasonable control including but not limited to :- (a) an Act of God; (b) any consequences of war, armed conflict, invasion, act of foreign enemy, hostilities (whether war or not), civil war, riot, rebellion, insurrection, military or usurped power or confiscation, acts of terrorism, requisition or destruction of or damage to property by or under the order of any government or public or local authority, strike, lock-out, general or partial stoppage or restraint of labour from whatever cause; (c) seizure or forfeiture under legal process; (d) error, act, default, omission, mis-statement or mis-representation by the shipper, recipient or other owner of the goods or by servants or agents of either of them; (e) the violation of any of the terms and conditions contained on the Waybill or these Conditions, tariff or other terms and conditions applicable to the shipment including, but not limited to the incorrect declaration of the goods, improper or insufficient securing, marking or addressing of the shipment, defective packing by a person other than TaskMitra; (f) the loss of or damage to articles packed and sealed in packages by the shipper, provided that the seal is unbroken at the time of delivery and the Package retains its basic integrity; (g) the erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film; (h) TaskMitra’s failure to honour "package orientation" graphics (e.g., "UP" arrows, "THIS END UP" markings); (i) TaskMitra's failure or inability to attempt to contact the shipper or recipient concerning incomplete or inaccurate address, incorrect or incomplete documentation or non-payment of duties and taxes necessary to release a shipment; (j) loss of or damage to any Package for which TaskMitra has no record of receipt; (k) the act, default or omission of any public authority carried out in connection with the entry, exit or transit of the goods; (l) accidents to vehicles and other conveyances carrying the shipments; (m) flight delays; (n) refusal by recipient to accept the shipment or to give proper acknowledgment of receipt thereof; (o) inherent defect, quality or vice of the goods. Items prohibited to be carried by any law, statute or regulation including but not limitedto Carriage by Road Act, 2007, Carriage by Road Rules, 2011, Motor Vehicles Act, 1988, CentralMotor Vehicles Rules, 1989, etc.; Items requiring Service Provider to obtain any special licence or permit for transportation; Consignment which is wet, leaking or emits an odour of any kind; Any items notified by Service Provider to be restricted, banned, dangerous or prohibited for carriage (such items include but are not limited to): Radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives,firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silverore, bullion, precious metals and stones, jewellery, semi-precious stones including commercialcarbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier’s cheques, travellers’ cheques, money orders,passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices,livestock, fish, Insects animals, plants and plant material, human corpses, organs or body parts,blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice,pornographic materials, contraband, Drugs,narcotics and psychotropic substances, Indian Postal Articles Philately Items Aerosol cans Alarm devices, Alcohol Anti-freeze,Asbestos Charcoal Chlorates Highly magnetic, polymerizable goods Cigarette lighters Fire extinguishers Passport Shock absorbers (gas or compressed air) Theatrical flares Zinc powderTurpentine, Pre-natal sex determination kits Activated SIM cards . Nitrate Plates, Chloride of lime, compressed Air Bottles of Gases, Explosive Rivets Permanent Magnets, Mercury Oxide, Metallic Mercury radium and Radio Active Materials, Sulphur dioxide Bleaching Powder, any form of combustible material having a Flash point below 79ºF and any dangerous,obnoxious or hazardous goods mentioned in Rule 137 Table II and III of Central Motor Vehicles Rules, 1989. Incase you don’t declare correct goods & authorities detain the goods, all parties related to the ownership of the goods are liable. In no condition whatsoever TaskMitra or its members will be responsible for these goods. Eg. if Narcotics/Contraband have been concealed in a parcel & Delivery executive has been checked by authorities then, the task poster, Sender & receiver would be only liable for this. In no way the Mitra will be responsible as he is just providing simple pickup & delivery Service as a freelancer. You undertake that the details set out in the order placed by you are true, correct and accurate in all substantial respects and no material fact is suppressed or is omitted. Any material mismatch in the description of the goods as set out in the order and the goods shall be your responsibility and you undertake to indemnify the Company from any loss or damage due to such discrepancy. In the event any delivery of goods is delayed or is returned from its destination on account of such a mistake by you or any such discrepancy in the description of the goods as set out in the order, any additional costs incurred by the Company for re-delivery of the goods shall be borne and paid by you alone. You must ensure that at the time of handover of goods and at the place of delivery of the goods, adequate arrangements, including access where necessary, are in place for the safe loading and unloading of the goods, if required. The Company shall not be held liable for any damage, cost or expense incurred to such goods or premises where it arises as a result of a failure on your part to provide adequate access/ address or any other instructions or arrangements for handover of goods by you and delivery of the goods by the consignee. You agree that the signing of a goods handover note by the consignee or his/her/its representative shall constitute delivery of the goods to the consignee for all purposes. In the event the consignee refuses to take delivery or the consignee cannot be located by the Company, you will receive a text message (SMS) or a phone call (“Non-acceptance Message”). On receipt of Non-acceptance Message it shall be your responsibility to take the re-delivery of the goods at your location on payment of the additional cost of transportation that shall be determined as per the standard rates and policies of the Company. In the event you refuse to pay the cost of re-transportation of the goods or re-delivery of the goods for which a Non-acceptance Message has been sent to you, you hereby authorize the Company to hold the goods in lieu of its claim of re-transportation of the goods and subject to payment of the said amount release the goods in your favour. In the event you fail to act in the matter and take re-delivery of the goods from the Company, you hereby waive all your claims to the goods under Non-acceptance Message and declare that the Company under no circumstance shall be liable for any loss or damage caused or suffered, to the goods whether directly or indirectly. The Company will only be responsible for reimbursement of any damage done to the goods during the transportation and upto the delivery of the goods by the Company to the consignee. Any prior or subsequent damage or loss shall be the sole responsibility and liability of the customer to the complete exclusion of the Company. The Company's responsibility for the services and transportation of goods shall be deemed fulfilled upon delivery of the goods ordered to the address of the consignee communicated at the time of placing the booking request. The Company undertakes no obligations to ensure that the goods are in conformity with declaration of the goods in the booking request and other applicable document. While availing the services of the Company, you as well as your agents or representatives shall not: soil or damage the body and/or any other interiors or equipment and devices of the Company’s transportation vehicle(s);ask the Company to break any Traffic/RTO/police and/or government laws for any purpose; pressurize the Company to overload its vehicle with the consignment over the allowed limit or capacity of the vehicle.

Delivery Cancellation

Any cancellation of a booking request must be notified immediately to the Company by quoting the booking request number or by cancelling the booking request on the Website or the Software. If a task is not cancelled not later than two (2) hours prior the pickup time of the goods, a flat cancellation fee equal to the delivery cost will be applicable. If the cancellation is accepted, no cancellation fee shall apply and any amounts received may be refunded in 1 business days. The Company’s decision on refunds shall be at its sole discretion and shall be final and binding. However, if a transport personnel engaged to undertake the transportation of the goods has already been dispatched and/or if the goods ordered to be purchased by the Company have already been purchased, the booking request may not be cancelled and there will be no refund/cancellation of the amount received/to be received for the booking request. The Company, in its sole and absolute discretion, also reserves the right to cancel any orders if: (i) it is of the opinion that a customer is indulging in a fraudulent transaction, or (ii) it suspects that a customer has undertaken a transaction which is not in accordance with these Terms and Conditions, or (iii) the goods ordered to be purchased/delivered are unavailable, or (iv) the address of pickup or delivery of goods falls outside the area of delivery/service zone of the Company, or (v) failure to contact a customer by phone or email, or (vi) failure to deliver an order due to lack of information, direction or authorization from the customer, or (vii) for any reason outside the control of the Company including causes for delivery related to logistical complications.

Delivery Charges

You may use the Website and the Software for procuring the Services in accordance with the charges provided therein. The Company endeavors to ensure that prices of various Services are correct and up-to-date. Notwithstanding the foregoing, prices for certain Services may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect information provided to the Company by a supplier. In each such case, notwithstanding anything to the contrary, the Company reserves the right to cancel an order without any further liability. You shall also be responsible and liable for all charges, fees, duties, taxes, and assessment arising out of your usage of the Services.

GENERAL

This Agreement is governed by the law in Maharashra state & INDIA. You and TaskMitra submit to the non-exclusive jurisdiction of the courts of Mumbai.

The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

This Agreement may be assigned by TaskMitra to a third party without your consent . In the event of an assignment You will remain bound by this Agreement.

This Agreement sets out the entire understanding and agreement between You and TaskMitra with respect to its subject matter.

Acceptance of Terms

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. The terms and conditions set forth below ("Terms of Use") and the Privacy Policy (as defined below) constitute a legally-binding agreement between TaskMitra.,  Coco Ginger Technologies Private Limited  ("TaskMitra"), and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the TaskMitra website, including the classified advertisements, forums, various email functions and Internet links, and all content and TaskMitra services available through the domain and sub-domains of TaskMitra located at www.TaskMitra.com (collectively referred to herein as the "Website"), and (ii) the online transactions between those users of the Website who are offering services (each, 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.

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: (1) you are either a service professional or a prospective Service User, (2) you have the authority to enter into these Terms of Use, (3) you authorize the transfer of payment for Services requested through the use of the Website, and (4) 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.

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.

User Conduct and Rules:

You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

  1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  3. upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
  4. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
  5. conduct or forward surveys, contests, pyramid schemes or chain letters;
  6. download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  7. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  8. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  9. violate any applicable laws or regulations for the time being in force in or outside India;and
  10. violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
  11. exploit any of the services. We reserve the right to deprive individual customers of our Cash on Delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests.
  12. You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about TaskMita / TaskMitra.com / TaskMitra app or Coco Ginger Technologies Private Limited, its associates and partners on any property owned by TaskMita / TaskMitra.com / TaskMitra app or Coco Ginger Technologies Private Limited.

User Warranty and Representation:

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by TaskMita / TaskMitra.com / TaskMitra app or Coco Ginger Technologies Private Limited.

Exactness Not Guaranteed:

TaskMita / TaskMitra.com / TaskMitra app or Coco Ginger Technologies Private Limited hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, colour etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc. In this instance you agree that a representative from TaskMita / TaskMitra.com / TaskMitra app or Coco Ginger Technologies Private Limited will call you or send an approval request via the email address which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. TaskMita / TaskMitra.com / TaskMitra app or Coco Ginger Technologies Private Limited may re-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available. If you reject this 2nd request your order will be cancelled and you will be fully refunded via your initial method of payment.

1.MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

TaskMitra reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein, at any time, and TaskMitra will post notice of the changes and the amended Terms of Use at the domain of http://www.TaskMitra.com/terms, and/or may communicate the amendments through any method of written contact that TaskMitra has established with you. It is your responsibility to review the Terms of Use for any changes. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website.

2. PRIVACY POLICY

TaskMitra 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: http://www.TaskMitra.com/privacy.

B. Membership and Accessibility

LICENSE TO ACCESS

TaskMitra 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 TaskMitra'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 local, state, and federal laws.

MEMBERSHIP ELIGIBILITY CRITERIA

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 believe that you are under the age of 18 or that you are not complying with any applicable federal, state or local laws, rules or regulations.

You need not register with TaskMitra 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, email address, Mobile Number 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 TaskMitra in providing you with more 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 TaskMitra 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 TaskMitra immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without 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 acknowledge and agree that TaskMitra will not be liable for your losses caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of TaskMitra 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 TaskMitra'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 accurate and complete information when creating your Account.

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 TaskMitra'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 TaskMitra servers, or any server of a TaskMitra 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. TaskMitra 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 TaskMitra without express written permission from TaskMitra.

You shall not take any action that (i) unreasonably encumbers or, in TaskMitra'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 TaskMitra'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.

If you do not meet, or are unable to comply with, any of the above-referenced membership eligibility criteria or Account Policies, please do not use the Website. Should TaskMitra find that you violated the terms of the membership eligibility criteria or any other terms stated herein, TaskMitra reserves the right, at its sole discretion, to immediately terminate your use of the Website.

ADDITIONAL POLICIES

Your access to, use of, and participation in the Website is subject to the Terms of Use and all applicable TaskMitra regulations, guidelines and additional policies that TaskMitra may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that TaskMitra publishes on the Website (the "Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations there under 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, TaskMitra, in its sole discretion, may terminate your Account at any time without prior notice to you.

C. Member Conduct

PROHIBITIONS ON SUBMITTED CONTENT

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 ("Post A Task"), 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 TaskMitra 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 TaskMitra 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 TaskMitra 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 TaskMitra 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 TaskMitra, or the interests or property of TaskMitra 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 TaskMitra.

PROHIBITIONS ON SENDING MESSAGES

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.

NO DISCRIMINATION

Employment Postings- local laws prohibit employment postings with any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. TaskMitra will not knowingly accept any Posting for employment which is in violation of the law. TaskMitra has the right, in its sole discretion and without prior notice to you, to immediately remove any employment Posting that discriminates or is any way in violation of any federal, state, or local law.

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 TaskMitra; 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);

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.

Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, TaskMitra, 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.

Reporting Inappropriate Use of Feedback. You may contact TaskMitra regarding any inappropriate use of Feedback via-email atsupport@TaskMitra.com support@taskmitra.com or call us on 80-80-80-8275 / 80-80-80-TASK.

Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning Feedback, TaskMitra shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE CONCERNING FEEDBACK, TASKMITRA HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFOR.

The foregoing lists of prohibitions provide examples and is not complete or exclusive. TaskMitra 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 TaskMitra determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services. TaskMitra reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that TaskMitra deems appropriate in TaskMitra's sole discretion. TaskMitra 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 TaskMitra's discretion, TaskMitra will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet. TaskMitra does not review every Posting posted to the Website. These prohibitions do not require TaskMitra to monitor, police or remove any Postings or other information submitted by you or any other user.

D. Rules for service professionals

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, Post, Ratings & review 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.

PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT TASKMITRA 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 TaskMitra to purchase the Service or any other service outside of TaskMitra; (f) use their Profile page or user name to promote services not offered on or through the Website and/or prohibited services.

PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE 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 TaskMitra as approved payment methods; (b) include links that do not conform to TaskMitra'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 TaskMitra; (g) include third-party endorsements in a Posting; or (h) create a Posting that does not offer a Service.

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, TaskMitra, 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 canceled Posting; and/or (e) decrease the service professional's status earned via the Feedback page.

E. Rules for Service Users

SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:

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 TaskMitra in connection with the use or purchase of any Service.

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, TaskMitra, 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.

F. Use of Submitted Content

NO CONFIDENTIALITY

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, TaskMitra does not guarantee any confidentiality with respect to any Submitted Content.

You agree that any Submitted Content provided by 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 TaskMitra shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.

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 TaskMitra 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.

YOUR OWNERSHIP RIGHTS AND LICENSE TO TASKMITRA

You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to TaskMitra for posting on the Website, you hereby grant, and you represent and warrant that you have the right to grant, to TaskMitra a perpetual, worldwide, non-exclusive, royalty-free, sub licensable 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 TaskMitra'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.

TASKMITRA'S DISCLAIMERS AND RIGHT TO REMOVE

TaskMitra does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and TaskMitra expressly disclaims any and all liability in connection with all Submitted Content. TaskMitra does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and TaskMitra 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. TaskMitra reserves the right to remove any Data or Submitted Content without prior notice. TaskMitra 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. TaskMitra 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. TaskMitra 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.

You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that TaskMitra 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 TaskMitra with respect thereto, and agree to indemnify and hold TaskMitra, 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.

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 TaskMitra 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.

SUGGESTIONS

If you send or transmit any communications, comments, questions, suggestions, or related materials to TaskMitra, 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 TaskMitra 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 TaskMitra 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.

G. Mandatory Third Party Verification Service

TaskMitra uses a variety of tools in an effort to make our website as safe as possible for service professionals and Service Users. Among these tools are mandatory searches for service professionals in the law. Do not register as a Mitra on TaskMitra if you do not want TaskMitra to search for you in the. By requesting to use, registering to use, and/or using TaskMitra, you represent and warrant that you and each member of your household have not been and are not currently required to register as a offender with any government entity.

By registering as a service professional on the Website, you do hereby consent to allow TaskMitra to perform Verification  using information you provide, and you understand that TaskMitra may review the information provided by the third-party verification service and that TaskMitra, after reviewing the results, may take whatever actions it deems necessary with respect to your Account. You hereby authorize TaskMitra to verify your representations and warranties herein, and you acknowledge that TaskMitra reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion. You agree to indemnify and hold harmless TaskMitra from any loss or liability that may result from the Verification. In addition, you do hereby represent, understand and expressly agree that TaskMitra offers this third-party verification service as a convenience and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification service and/or the information provided by the third-party verification service. TaskMitra retains the right to terminate your TaskMitra membership based on the information provided by this third party verification service.

H. Optional Third Party Verification Services

TaskMitra uses a variety of tools in an effort to make our website as safe as possible for service professionals and Service Users. Among these tools are optional name verification, address verification, social security number verification, and criminal background checks for service professionals. TaskMitra uses variety of tools  to perform name and address verification and perform criminal background checks. 
TaskMitra also seeks to allow service professionals to showcase their professional license credentials. TaskMitra has created a proprietary database verification of the professional license credentials of service professionals. It is a violation of these Terms of Use to use to verify the licensing information of service professionals listed on TaskMitra. 
TaskMitra may make these or other third-party verification services available to service professionals and Service Users. Service professionals and Service Users may use these services to verify information such as, but not limited to, name, address, social security number, criminal background, and professional license credentials. By requesting to use, registering to use, and/or using the Website, you represent and warrant that you and each member of your household have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others. You hereby authorize TaskMitra to verify your representations and warranties herein, and you acknowledge that TaskMitra reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion. 
Use of the optional third-party verification services is voluntary. If you decide to use or access information provided by a third-party verification service offered through the Website, you do hereby represent, understand and expressly agree that TaskMitra offers this third-party verification service as a convenience and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification service and/or the information provided by the third-party verification service. In addition, you understand that TaskMitra may review the information provided by the third-party verification service and that TaskMitra retains the right to terminate your TaskMitra membership based on the information. You affirm that all of the information you provide to TaskMitra as part of these third-party verification services is correct, complete, and applicable to you. 
service professionals may choose whether to make the information obtained from third-party verification services public on TaskMitra. If you decide to share any information from a third-party verification service publicly, you understand that the information in the report may factor into other party's decisions to engage you as a service professional. You agree to indemnify and hold harmless TaskMitra from any loss or liability that may result from your sharing this report publicly.

K. Modifications to or Termination of Website

MODIFICATION OR CESSATION OF WEBSITE

TaskMitra reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that TaskMitra shall not be liable to you or to any third party for any modification, suspension or discontinuance of TaskMitra services.

TERMINATION BY TASKMITRA

You hereby acknowledge and agree that TaskMitra, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content on the Website ("Termination of Service"), immediately and without notice, for any reason, including without limitation, Account inactivity or if TaskMitra believes or has reason to believe that you have violated any provision of the Terms of Use.

TERMINATION BY YOU

You may cancel your use of the Website ;

EFFECT OF TERMINATION

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 TaskMitra system. 
Unless TaskMitra has previously canceled or terminated your use of the Website (in which case subsequent notice by TaskMitra shall not be required), if you provided a valid email address during registration, TaskMitra will notify you via email of any such termination or cancellation, which shall be effective immediately upon TaskMitra's delivery of such notice. 
Upon Termination of Service, the following shall occur: all licenses granted to you here under will immediately terminate; and you shall promptly destroy all copies of TaskMitra Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that TaskMitra shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, TaskMitra retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted TaskMitra hereunder shall remain in effect for the foregoing purpose.

You agree to indemnify and hold TaskMitra, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.

L. Intellectual Property Rights

TASKMITRA OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE

The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by TaskMitra- Coco ginger Technologies Private Limited, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Other trademarks, names and logos on this Website are the property of their respective owners. 
Data on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, post, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. TaskMitra reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.

TASKMITRA'S LICENSE TO YOU FOR THE USE OF DATA AND MARKS

The Website contains TaskMitra's Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and TaskMitra owns and retains all rights in the TaskMitra Data and Marks. Subject to these Terms of Use, TaskMitra hereby grants you a limited, revocable, nontransferable, non sub licensable license to reproduce and display the TaskMitra Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Website.

The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, post, transmit, distribute, perform, display, or sell.

M. TaskMitra Fees

FEES INCURRED BY SERVICE PROFESSIONALS

Joining TaskMitra, posting Services and viewing posted Services is free. TaskMitra reserves the right at its sole discretion to charge fees to service professionals for other services that TaskMitra may provide, including but not limited to fees for contacting Service Users, responding to job leads generated by TaskMitra, or conducting transactions with Service Users through TaskMitra. 
TaskMitra 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. TaskMitra reserves the right to charge fees for these services at its sole discretion.

FEES INCURRED BY SERVICE USERS

Joining TaskMitra, viewing posted Services, and bidding on posted Services is free. TaskMitra currently charges fees to Mitra for every successful assignment. However, TaskMitra reserves the right to change a fee to Service Users in the future on a per-transaction basis, Percentage bases and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after TaskMitra posting the changes on the Website.

If applicable, you agree to pay all fees or charges to your Account based on TaskMitra's fees, charges, and billing terms then in effect. If you do not pay on time TaskMitra 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 TaskMitra 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 you. 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 TaskMitra may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

TAXES

You understand that we are acting solely as an intermediary for the collection of task amount who choose to enter into an Agreement for Service, 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.

REFUND POLICY

All online payments are covered under True Mitra Guarantee Program.

N. Negotiation of Terms of Service; Disputes Between Registered Users

NEGOTIATION WORKSHEET AND CONTRACT TEMPLATE

 

As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, TaskMitra provides a general framework for negotiating the terms of Service (e.g., rate) ("Negotiation Worksheet"). Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Negotiation Worksheet.

You should not rely on the any information or resources contained on the Website, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any professional, financial, legal or other advice or counsel. TaskMitra makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Websites, including, without limitation, the Negotiation Worksheet. In no way will TaskMitra be responsible for any actions taken or not taken based on the information or resources provided on this Website. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Website, however provided.

TASKMITRA IS NOT A PARTY TO ANY SERVICE CONTRACT

Each Registered User hereby acknowledges and agrees that TaskMitra is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website.

NO AGENCY OR PARTNERSHIP

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Website, including without limitation, the Negotiation Worksheet or Agreement for Service. You do not have any authority whatsoever to bind TaskMitra in any respect. All service professionals are independent contractors. Neither TaskMitra nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

DISPUTES BETWEEN REGISTERED USERS

Subject to the provisions regarding disputes between Website participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, service professionals and Service Users.

You understand that deciding whether to use the Services of a service professional or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that TaskMitra does not and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.

NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT TASKMITRA SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE WEBSITE, OR BETWEEN REGISTERED USERS OR ANY WEBSITE USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT TASKMITRA IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE WEBSITE USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE TASKMITRA, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER.

O. Dispute Resolution

If a dispute arises between you and TaskMitra, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and TaskMitra hereby agree that we will not resolve any claim or controversy at law or equity that arises out of the Terms of Use or the Website in accordance with this Section O or as we and you otherwise agree in writing. Before resorting to the filing of a formal FIR, we strongly encourage you to first contact us directly to seek a resolution via e-mail at support@TaskMitra.com or call us on 80-80-80-8275 / 80-80-80-TASK. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

GOVERNING LAW

The Terms of Use shall be governed in all respects by the laws of India, without reference to its conflict of law provisions. You agree that any claim or dispute you may have against TaskMitra must be resolved by a court located in Mumbai, india except as otherwise agreed by the parties. Any action brought against TaskMitra shall be venued at Mumbai, India. You agree to submit to the personal jurisdiction of the courts located within Mumbai, India.

P. Advertisements

Aspects of the Website and other TaskMitra services may be supported by advertising revenue. As such, TaskMitra may display advertisements and promotions on the service. The manner, mode and extent of advertising by TaskMitra on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by TaskMitra of any advertised products or services. You agree that TaskMitra shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.

Q. Third-party Links, Contact Forms and Phone Numbers

The Website may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Website using your existing account and log-in credentials for such third-party websites. Certain areas of the Website may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Website to be shared with your contacts in your third-party site account. Because TaskMitra has no control over such sites and resources, you acknowledge and agree that TaskMitra is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Website, links to third-party sites should in no way be considered as or interpreted to be TaskMitra's endorsement of such third-party sites or any product or service offered through them. You further acknowledge and agree that TaskMitra shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. The Third-party website may have different privacy policies and terms and conditions and business practices than TaskMitra. In certain situations, you may be transferred to a Third-party website through a link or connected to a Third-party resource by a contact form or phone but it may appear that you are still on this Website or transacting with TaskMitra. In these situations, you acknowledge and agree that the Third-party website terms and conditions and privacy policy apply in this situation. Your dealings and communications through the Website with any party other than TaskMitra are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

R. Disclaimer of Warranties

You agree that your use of the website shall be at your own risk. To the fullest extent permitted by law, taskmitra 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 "whereis" basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Taskmitra 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 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. Taskmitra 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. Taskmitra will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including thirdparty 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.

S. Limitations of Liability

  1. in no event shall taskmitra, 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, or consequential damages 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 (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 taskmitra 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 taskmitra, 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 taskmitra by you hereunder.you hereby acknowledge and agree that taskmitra shall not be liable for submitted content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. you further acknowledge and agree that taskmitra shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages 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 taskmitra. taskmitra does not have any control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. in addition, taskmitra will not and cannot censor or edit the content of any third-party site. by using the website, you expressly relieve taskmitra from any and all liability arising from your use of any thirdparty 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.
  3. force majeure

neither taskmitra 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.

T. indemnification and release

you agree to defend, indemnify and hold harmless taskmitra, 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 taskmitra (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.

U. exclusions and limitations

some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations of sections q and r may not apply to you.

V. No Third-party Beneficiaries

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.

W. Notice

You agree that TaskMitra may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website.

X. General Information

ENTIRE TERMS OF USE

The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by TaskMitra on the Website, shall constitute the entire agreement between you and TaskMitra 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 these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and TaskMitra's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

This document is an electronic record in terms of 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 of Use for access or usage of www.TaskMitra.com website.

The domain name www.TaskMitra.com (hereinafter referred to as "Website") is owned by TaskMitra Internet Private Limited a company incorporated under theCompanies Act, 1956 with its registered office at Coco Ginger Technologies Private Limited, 3/A Bhatia Bhuvan, Babrekar Marg, Dadar West, Mumbai- 400028 (hereinafter referred to as "TaskMitra").

Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting Coco Ginger Technologies Private Limited and these terms and conditions including the policies constitute Your binding obligations, with TaskMitra.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a Task Poster on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. TaskMitra allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean Coco Ginger Technologies Private Limited.

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Mitra Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

 

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESETERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by TaskMitra Policies ((including but not limited to Privacy Policy available on http://www.TaskMitra.com/privacypolicy) as amended from time to time.

 

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent tocontract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the TaskMitra website and shall not transact on or use the website. As a minor if youwish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. TaskMitra reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to TaskMitra's notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Website is a platform that Users utilize to meet and interact with one another for their transactions. TaskMitra is not and cannot be a party to or control in any manner any transaction between the Website's Users.

Hence forward:

  1. All commercial/contractual terms are offered by and agreed to between Task Posters and Mitras alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. TaskMitra does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance ofsuch commercial/contractual terms between the Task Posters and Mitras.
  2. TaskMitra does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be soldor offered to be sold or purchased on the Website. TaskMitra does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. TaskMitra accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  3. TaskMitra is not responsible for any non-performance or breach of any contract entered into between Task Posters and Mitras. TaskMitra cannot and does not guaranteethat the concerned Task Posters and/or Mitras will perform any transaction concluded on the Website. TaskMitra shall not and is not required to mediate or resolve anydispute or disagreement between Task Posters and Mitras.
  4. TaskMitra does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
  5. TaskMitra does not at any point of time during any transaction between Task Poster and Mitra on the Website come into or take possession of any of the products or services offered by Mitra nor does it at any point gain title to or have any rights or claims over the products or services offered by Mitra to Task Poster.
  6. At no time shall TaskMitra hold any right, title or interest over the products nor shall TaskMitra have any obligations or liabilities in respect of such contract entered into between Task Posters and Mitras. TaskMitra is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
  7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. TaskMitra is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Mitra and the Task Poster.
  8. At no time shall TaskMitra hold any any right, title or interest over the products nor shall TaskMitra have any obligations or liabilities in respect of such contract.

    TaskMitra is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailableor back ordered.

  9. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Mitra(s) that You transact with.
  10. Disclaimer:

    Pricing on any product(s) / Service (s) is reflected on the Website may due to some technical issue, typographical error or product information published by Mitra may be incorrectly reflected and in such an event Mitra may cancel such your order(s).

  11. You release and indemnify TaskMitra and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, TaskMitra cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

Please note that there could be risks in dealing with underage persons or people acting under false pretence.

Charges

Membership on the Website is free for Task Posters. TaskMitra does not charge any fee for browsing and paying on the Website. TaskMitra reserves the right to change its Fee Policy from time to time. In particular, TaskMitra may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event TaskMitra reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Coco Ginger Technologies Private Limited

Use of the Website

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
    • belongs to another person and to which You does not have any right to;
    •  is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    • is misleading in any way;
    • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
    • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    •  infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
    • promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
    •  provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    • contains video, photographs, or images of another person (with a minor or an adult).
    • tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    • engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, TaskMitra's prior written consent means a communication coming from TaskMitra's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
    • solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
    • interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
    • refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
    • harm minors in any way;
    • infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
    • violates any law for the time being in force;
    • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    •  impersonate another person;
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
    • threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
    • shall not be false, inaccurate or misleading;
    • shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any mannerunder the provisions of any applicable law, rule, regulation or guideline for the time being in force.
    • shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
  2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
  3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or toany server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
  4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
  5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms TaskMitra, Mitra, Task Poster, TaskMitra.com/ Taskmitra.in,.org.biz, or otherwise engage in any conduct or action that might tarnish the image or reputation, of TaskMitra or Mitras on platform or otherwise tarnish or dilute any TaskMitra's trade or service marks, trade name and/or goodwill associated with such trade or service marks,trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or TaskMitra's systems or networks, or any systems or networks connected to TaskMitra.
  6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
  7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
  8. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of TaskMitra and / or others.
  9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  10. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
  11. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
  12. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
  13. We reserve the right, but has no obligation, to monitor the materials posted on the Website. TaskMitra shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Not with standing this right, YOU REMAINSOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect TaskMitra views. In no event shall TaskMitra assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant thatYou have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

  14. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
  15. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
  16. TaskMitra shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and TaskMitra has no control over such third party user generated content as TaskMitra is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without TaskMitra's express prior written consent.

You may use information on the products and services purposely made available on the Website for downloading, provided that You..

  • do not remove any proprietary notice language in all copies of such documents, 
  • use such information only for your personal, non-commercial informational purpose and
  • do not copy or post such information on any networked computer or post it in any media,
  • make no modifications to any such information, and  do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with InformationTechnology Act 2000 and Rules there under. Our current Privacy Policy is available at http://www.TaskMitra.com/privacy If You object to Your Information being transferred or used in this way please do not use Website.

We and our affiliates will share / sell / transfer / license / covey some or all of your personal information with another business entity should we (or our assets)plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to your personal information. Once you provide your information to us, you provide such information to us and our affiliate and we and our affiliate may use such information to provide you various services with respect to your transaction whether such transaction are conducted on www.TaskMitra.com or with third party merchant’s or third party merchant's website.

Disclaimer of Warranties and Liability

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, TaskMitra does not warrant that:

  • This Website will be constantly available, or available at all; or
  • The information on this Website is complete, true, accurate or non-misleading.

TaskMitra will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. TaskMitra does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Mitrais unable to deliver such Products due to implications of different state laws, Mitra will return or will give credit for the amount (if any) received in advance byMitra from the sale of such Product that could not be delivered to You.

You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

Selling

As a registered Mitra, you are allowed to place offers on the Website in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell / service the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales.

The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Task Poster. You agree not to list a single product in multiple quantities across various categories on the Website. TaskMitra reserves the right to delete such multiple listings of the same product listed by you in various categories.

Services

Payment

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

  1. Lack of authorization for any transaction/s, or
  2. Exceeding the preset limit mutually agreed by You and between "Bank/s", or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason/s

All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

Before shipping / delivering your order to you, Mitra may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online environment to Our Users.

Further:

  1. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Task Poster and Mitra and payment facility is merely used by the Task Poster and Mitra to facilitate the completion of the Transaction. Use of the payment facility shall not render TaskMitra liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on TaskMitra's Website.
  2. You have specifically authorized TaskMitra or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with TaskMitra is on a principal to principal basis and by accepting these Terms of Use you agree that TaskMitra is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on TaskMitra's Website that are paid for by using the Payment Facility. TaskMitra does not guarantee the identity of any User nor does it ensure that a Task Poster or a Mitra will complete a transaction.
  3. You understand, accept and agree that the payment facility provided by TaskMitra is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the TaskMitra Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, TaskMitra is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
  4. Payment Facility for Task Posters:

    • You, as a Task Posters, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Mitra to purchase the products and /or services from the Mitra using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Mitra using Payment Facility.
    • You, as a Task Poster, may agree with the Mitra through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent notation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
    • You, as a Task Poster, shall electronically notify Task Complition using the appropriate TaskMitra Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Task Poster is also required to confirm the receipt of products or services.
    • You, as a Task Poster, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the service within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
    • You, as a Task Poster, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
    •  Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
    • For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favor of the Task Poster (As per registration details provided by the Task Poster)
    • Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
    •  For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
    •  Refund shall be conditional and shall be with recourse available to TaskMitra in case of any misuse by Task Poster.
    • Refund shall be subject to Task Poster complying with Policies.
  5. TaskMitra reserves the right to impose limits on the number of Transactions or Transaction Price which TaskMitra may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator orthrough any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Task Poster during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
  6. TaskMitra reserves the right to refuse to process Transactions by Task Posters with a prior history of questionable charges including without limitation breach of any agreements by Task Poster with TaskMitra or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
  7. TaskMitra may do such checks as it deems fit before approving the receipt of/Task Posters commitment to pay (for Cash On Delivery transactions) Transaction Price from the Task Poster for security or other reasons at the discretion of TaskMitra. As a result of such check if TaskMitra is not satisfied with the creditability of the Task Poster or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Task Posters commitment to pay Transaction Price.
  8. TaskMitra may delay notifying the payment confirmation i.e. informing Mitra to Dispatch, if TaskMitra deems suspicious or for Task Posters conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, TaskMitra may hold Transaction Price and TaskMitra may not inform Mitra to Dispatchor remit Transaction Price to law enforcement officials (instead of refunding the same to Task Poster) at the request of law enforcement officials or in the event the Task Poster is engaged in any form of illegal activity.
  9. The Task Poster and Mitra acknowledge that TaskMitra will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of TaskMitra.
  10. Compliance with Laws:

  11. Task Poster and Mitra shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and TaskMitra Website.
  12. Task Poster's arrangement with Issuing Bank:

  13. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Task Poster and the respective Issuing Bank and payment instrument issuing company.
  14. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Task Poster and the respective Issuing Bank.
  15.  

    If TaskMitra has suspicion or knowledge, that any of its Task Posters and Mitras are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then TaskMitra may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the Display Name of such Task Poster and Mitra and /or disqualify that user and any related users from availing protection through this program.TaskMitra reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, TaskMitra may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defrauds or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

    Intellectual Property Rights:

    It is hereby specifically recorded that the copyright and other Intellectual Property in the music available on the Website is the sole and exclusive property of third parties. Mitra represents and warrants that Mitras are authorized by such third parties to upload the music on the Website for license of use to the end customers. Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, posting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of TaskMitra as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.

    Your request to download a MP3 music file is personal to You, and the track may not be used, sold, rented, transferred, licensed or otherwise provided to any other User. The license to downloaded tracks includes only those rights explicitly stated herein (typically, the right to play back for your own personal use from your personal computer, CD player, digital player, or other personal consumer electronic device), and, for the avoidance of doubt, does not include the right to create a derivative work, to make copies other than for your own personal use, or to use the track in any commercial manner. You shall promptly notify Us in writing upon your discovery of any unauthorized use or infringement.

    payment, as may be decided and made available on the Website.

    Please note that payment can be made only in India Rupees and all the above payment instruments must have been issued by entities operating in India and subject to Indian regulations.

    Payment made by credit card or any other mode as mentioned above should be received by us on time. If for any reason we do not receive payment from the credit card issuer or any agent involved in any of the above payment modes, You agree that you shall pay all amounts due upon demand by us.

    Indemnity

    You shall indemnify and hold harmless TaskMitra, its owners, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

    Applicable Law

    Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bangalore.

    Jurisdictional Issues/Sale in India Only

    Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. TaskMitra make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and TaskMitra is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

    Trademark, Copyright and Restriction

    This site is controlled and operated by TaskMitra and products are sold by respective Mitras. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and 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 networked computer environment 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. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

    Product Description

    TaskMitra we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

    Limitation of Liability

    IN NO EVENT SHALL TASKMITRA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

     

    TaskMitra.com. © 2017 All rights reserved.

     

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