Terms-And-conditions

  • This document is an electronic record under the provisions of the Information Technology Act, 2000 and Rules framed there under (as applicable or amended from time to time). 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 usages of the KhojKare App
  • The terms ” KhojKare ” used in this document refers to KhojKare.com, a company registered under the Companies Act, 1956 with its registered office at darbhanga along with its subsidiaries and/ or employees and/ or directors and/ or affiliates and/ or agents and/ or representatives and/ or sub-contractors.
  • The term ” Platform ” used in this document refers to the website (being www.khojkare.com), mobile apps and / or any other services offered / to be offered by KhojKare
  • These Terms and Conditions, together with the Terms of Use, Privacy Policy, IPR Infringement Policy and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the “Agreement”) between you and KhojKare in relation to your use of the Platform.
  • All intellectual property which is in relation to this Platform is owned by and vests in KhojKare.

TERMS OF USE

  • For the purpose of this Terms of Use, wherever the context so requires, “you” or “User” shall mean any natural or legal person who has agreed to use the Platform, whether registered or not, including Users whose accounts will expire and / or stand expired. The terms “we”, “us”, “our” shall mean the Platform.
  • PLEASE READ THE TERMS OF USE CAREFULLY BEFORE AVAILING SERVICES ON THIS PLATFORM. AVAILING SERVICES THROUGH THIS PLATFORM SIGNIFIES YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
  • IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT ACCESSTHIS PLATFORM FOR ANY SERVICES.
  • Acceptance of these terms is a prerequisite for usage of services in the platform. By virtue of using these services, it is deemed that you accept all and any of the terms and conditions specified in the Agreement. The Agreement constitutes the entire agreement between you and KhojKare and governs your use of the Platform’s Service, superseding any prior agreements between you and KhojKare.
  • This Platform is entitled to assign this Agreement, and all rights and obligations hereunder, to a successor to all or any of its assets, whether by sale, merger or otherwise. These terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
  • This Platform reserves the right to update, change, modify, add or remove the terms, conditions and notices of the Agreement without any prior notice to you. It is your responsibility to periodically review the most current version of the Agreement as your continued use of this Platform signifies your acceptance of any changed terms. As long as you comply with these Terms & conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

INTRODUCTION

Khojkare is India’s largest online B2B marketplace known as a local search engine in India from where Khojkare connects users and buyers with sellers. The goal of Khojkare is to make the business faster,Free, easy to make.Khojkare was founded in 2021.

SCOPE OF SERVICE

This Platform provides its need fulfilment platform as a service to enable its Users to connect with each other or to connect with businesses in their city. This Platform enables the Users to find Service Provider/book services. Please keep in mind that local business listings, classified ads, property ads and other elements of service need fulfilment are posted not by this Platform, but members (Users & Service Provider)s of this Platform.

Membership Eligibility (User & Service Provider)

You confirm that you are of legal age i.e. 18 years to form a legally binding contract with KhojKare and are not a person barred, from availing the services offered by KhojKare under the laws as applicable in India.

KhojKare requires registration for those who participate in a variety of its services. When you authenticate your email or mobile number for using the local service need platform and register as a member on this Platform, you accept the following terms and conditions:

  • You agree to provide true, accurate, current and complete information.
  • If, after investigation, KhojKare has reasonable grounds to suspect that any member’s information is untrue, inaccurate, not current or incomplete, KhojKare may suspend or terminate that member’s account and prohibit any and all current or future use of the KhojKare sites (or any portion thereof) by that member other than as expressly provided herein.
  • Each member is wholly responsible for maintaining the confidentiality of account login and password information and for all activities occurring there under. KhojKare cannot and will not be liable for any loss or damage arising from a member’s failure to comply with this section, including any loss or damage arising from any member’s failure to: (1) immediately notify KhojKare of any unauthorised use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.
  • You hereby unconditionally authorize / approve KhojKare to reserve the right to publish any and all information provided as part of this Platform registration, except email address and password to authenticate the member, to facilitate social networking among its members.

REGISTRATION

Your registration as a member of this Platform or the use of any of the features and services on this Platform either as a registered member or as an unregistered visitor constitutes acceptance of these Terms and Conditions and the Privacy Policy defined herein. These terms and conditions apply automatically to any new services and / or features introduced on this Platform.

Online registration

In order to become a KhojKare member, you must first create a member account on this Platform by providing information about yourself including name, email or mobile number and your current city of residence. KhojKare may check for the validity of the email addresses or mobile numbers. You should ensure that you do not in any manner provide false and / or inconsistent and / or untrue information.

Optional profile information

Once you provide the basic information to create an account, you will have the opportunity to provide additional information in the profile section describing your brief summary of yourself etc. Provision of this additional information beyond what is required at registration is entirely optional.

Recognizing you as a KhojKare member

For this Platform to recognize you as a registered member, you must login with your login email and password or alternatively use KhojKare services with your registered email or mobile number. At the time of login, you will have the option to instruct the site to remember you so when you come back the next time to use this Platform, you would not have to login with your email and password.

Should you chose the Platform to remember you; you accept that cookies shall be placed onto your server computers / device.

Internet communication protocol information

The communication standards of the Internet industry transmit the URL of the website from which you visit this Platform, the IP address of your computer, the IP address of your ISP, various attributes of your computer such as operating system, resolution and browser software, and the date and time of your various requests for pages on this Platform. KhojKare file logging system automatically logs all of this information in its log files for its analysis.

Newsletter subscriptions

Visitors to this Platform may also sign up with their name and email address for a variety of newsletters that this Platform produces with varying frequency without having to register. KhojKare confirms the subscription by sending an email to the email address specified before sending the newsletter.

Password

You are advised to change your login password at regular intervals. Your password should be a combination of alphabets and at least one number and a special character. You are solely responsible for actions taken under your password, and should not disclose it to anyone else. You cannot use your password for any unauthorised purpose. KhojKare shall neither be responsible nor liable for your non-compliance with the terms of password change.

Accessing and changing your account information

You can review the personal information you provided us and make any desired changes to the information, or to the settings for your account on this Platform, at any time by logging in to your account and editing the information on your profile page. You can also close your account through My Profile Section

Communications

Your calls may be recorded to improve the service experience in the platform and for other business purposes. You hereby unconditionally authorize and / or approve KhojKare to record the calls made by you to KhojKare with respect to any services listed on this Platform. KhojKare at its discretion may delete such recording shall from its database within a period of twelve (12) months.

Further, by using KhojKare services and providing us your number, while registering for an account or receiving alerts or contacting an advertiser seller / buyer, you:

Agree to receive a sales or service call from our employees / partner / alliances notwithstanding your registration for NDNC (National Do Not Call) registry.

Give consent to KhojKare and its partners / vendors and sub-partners / sub-vendors to send alerts, contact details, SMS and calls related to User’s action in our website to the mobile number entered by the User, irrespective of whether the same is on the NDNC list or any other such data base.

In case the User does not want to receive these messages on his / her mobile number, he / she shall not submit his / her mobile number with this Platform.

Contacting businesses through this Platform

This Platform  holds the rights to contact those Users and Service Providers registered with the platform. The mode of contact may be through SMS / email / call, irrespective of whether the User is on the NDNC list or any other similar database.

You hereby waive your right to object and agree to not object and / or protest in relation to the same. All calls made through the UVNs between the User and the service provider shall be recorded by KhojKare for training and quality purposes including dispute resolution, service assurance, and other business purposes of KhojKare. You hereby give irrevocable consent to KhojKare for sharing the call recordings to other third parties for business purposes of KhojKare. You disclaim and / or abandon any right to sue and waive your right to object and agree to not object and / or protest in relation to any of the

These terms are to be read in conjunction with KhojKare’s Privacy Policy

 

ACCESSING & TRANSMITTING THE PLATFORM’S CONTENT

All text, graphics, User interfaces, visual interfaces, photographs and media of all types, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party User generated Content and this Platform has no control over such third party User generated Content as this Platform is merely an intermediary for the purposes of this Terms of Use. All the Content available for public access on this Platform is protected by copyright. Your use of the Content must therefore adhere to the following terms, unless you are the original contributor of the Content to this Platform, in which case your use is governed by the terms governing KhojKare’s relationship with its contributors as covered below:

  • Any downloading of Content is unauthorized and / or prohibited.
  • You may not modify any Content you download or print from the Platform or make any additional representations or warranty relating to it. Any attempt to modify shall be treated as hacking.
  • You may not make any Content item originating from the Platform available for public access by any means whatsoever without obtaining prior written permission from this Platform.
  • You may forward Internet URLs (uniform resource locators) to third parties for private, non-commercial use, along with brief extracts that do not violate fair use guidelines.
  • If any person/entity is found crawling KhojKare or the IT admin website for any commercial, business or other purposes, the same shall amount to offence and KhojKare shall be entitled to take appropriate action and claim damages, if any, as against such person/entity.
  • You may post, or otherwise make publicly available, excerpts from this Platform’s Content items, in any publicly accessible forum, so long as they follow standard fair use guidelines and this Platform is cited alongside the excerpt as the original source with a hyperlink to this Platform.

CONTRIBUTING CONTENT TO THIS PLATFORM

While primarily being a local service need fulfilment platform, this Platform also provides a all business which is in your cities.

The terms in this section apply to all the Content contributed to this Platform in any of its various services and forums and are as follows:

  • You truthfully assert that the Content being contributed is your creation and that you own the copyright to the Content. Unless you have deliberately assigned the IPR including copyright to someone else, you automatically own the copyright to all of your original creations.
  • KhojKare is not obliged to ensure that the Platform is available to all users at all times. While we make all attempts to deny access only to those individuals who violate this Platform’s regulations, we are occasionally forced to use access denial methods that cause a disruption in access for other users.
  • You truthfully assert you have not infringed on anybody else’s IPR including copyright in the creation of the articles
  • We are not responsible and / or liable for any loss to any visitor to the site who may violate your IPR and / or distribute your IPR published Content without your permission.
  • You grant us exclusive unlimited distribution rights including electronic and internet distribution rights, and non-exclusive, unlimited print publication and distribution rights either through this Platform or through any other media. This includes and is not limited to web publishing, syndication on other websites, syndication with print publishers, publishing as part of a collection of articles, publishing as a book, email, ftp, telnet and other Internet-based information transfer protocols.
  • You may, however, publish the Content you contribute to this Platform, on your personal, non-commercial website if you possess one.
  • In case the contributions are digital images of artwork in traditional media such as canvas, that is available for sale, you may also publish digital images of your artwork on commercial websites that sell art online, only for the purpose of sale.
  • Once granted and your Content is published, the distribution rights cannot be revoked. In other words, once your contribution is published on this Platform, it automatically becomes a permanent part of this Platform’s publicly-accessible archives. You may, however, subject to our approval, update or revise your contributions on this Platform.
  • You will not receive any monetary compensation whatsoever for your submissions. The only in-kind compensation we promise a home for your expression on the web.
  • You grant us the right to organize, categorize, collate your contributed Content and present it on this Platform in any manner we see fit. We may remove or edit your contribution at our discretion without having to secure your permission. We will however make reasonable efforts to inform you of the changes.
  • We generally do not object to our contributors posting their contributions made to this Platform on other, freely accessible non-commercial internet locations, so long as this Platform is clearly cited as the original publisher, and a link to this Platform is provided. You, however, agree to secure our permission first before such re-publication on other internet sites happens.
  • You agree to state this Platform as the previous publisher prominently in case you print your article in an offline magazine.
  • While you are on the site and engaged in any form of communication on any of the forums, you agree NOT to host, display, upload, modify, publish, transmit, update or share any information:
  • That is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, promotes violence, is invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; impersonate any person or entity, including, but not limited to, a KhojKare official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • That forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted.
  • That you do not have a right to make available, under any law or under contractual or fiduciary relationships (such as inside, proprietary or confidential information, learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You may, however, post excerpts of copyrighted material so long as they adhere to fair use guidelines.
  • Upload or post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of business solicitation. Repeated postings of a promotional nature are considered abuse of the forums. Businesses or individuals wishing to advertise on This Platform should contact us at this address.
  • That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • That disrupt the normal flow of dialogue by repeatedly posting the same or similar material, or otherwise acting in a manner that negatively affects other Users’ ability to engage in exchanges.
  • That violates any applicable local, state, national or international law.
  • “Stalk” or otherwise harass another User; collect or store personal data about other Users either manually or by means of automated software tools; promote illegal activities; inhibit other Users from using and enjoying the unedited forums.
  • Post classifieds advertisements that contain untruthful representations, deceptive practices, inducements to commit any illegal activity.

Message / comment board

This Platform may contain message / comment boards, testimonials, or other message or communication facilities (collectively, “Forums”). You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:

  • Defame, abuse, harass, stalk, threaten, provoke (religiously, sexually or otherwise) or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Use of swear-words or profanity is strictly prohibited. We encourage a healthy exchange of opinions and disagreements.
  • Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, profane, libelous, threatening, harassing, embarrassing or unlawful material or information;
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, conduct or forward surveys, contests, or chain letters;
  • You will not post the Contents (in part or whole) of any email that you may receive from any KhojKare employee(s) and / or moderator. Should you post such Content, such an act would amount to an IPR infringement including infringement of our copyright.
  • Download any file posted by another User of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Do not post messages more than once. This is also known as flooding. KhojKare reserves right to delete such posts and may terminate the accounts of such members

All Forums are public and not private communications. Chats, postings, conferences, and other communications by other Users are not endorsed by KhojKare and such communications shall not be considered reviewed, screened, or approved by this Platform. KhojKare reserves the right for any reason to remove without notice any Contents of the Forums received from Users.

USING THIS PLATFORM’S SERVICES

This section covers the terms under which various this Platform services, including, but not limited to, link forwarding services, event information, and any information available on this Platform, are made available to you. You agree that:

  • KhojKare may electronically block or otherwise deny access to the Platform, to any User deemed to be in violation of any of the terms in this document.
  • KhojKare is not obliged to ensure that the Platform is available to all Users at all times. While we make all attempts to deny access only to those individuals who violate this Platform’s regulations, we are occasionally forced to use access denial methods that cause a disruption in access for other Users.
  • KhojKare is not responsible for a loss of access to this Platform’s services due to failure of networks connected to the Internet, or any other temporary hardware or software failure.
  • KhojKare reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  • A possibility exists that this Platform could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions and alterations could be made by third parties to the site. Although KhojKare attempts to ensure the integrity and the accuracy of this Platform, it makes no guarantees whatsoever as to its correctness or accuracy. In the event that such an inaccuracy arises, please inform this Platform by emailing info@KhojKare.com so that it can be corrected.
  • This Platform may contain links to other websites operated by third parties (“linked sites”). You acknowledge that, when you click on a link to visit a linked site, a frame may appear that contains this Platform’s logo, advertisements and/or other Content selected by this Platform. You acknowledge that this Platform and its sponsors neither endorse nor are affiliated with the linked sites and are not responsible for any content that appears on the linked sites. This Platform has neither reviewed not approved these sites and is not responsible for the Contents or omissions of any linked site or any links contained in the linked sites.

RESPONSIBILITY OF PLATFORM VISITORS

You acknowledge that:

  • KhojKare has not reviewed, and cannot review, all of the material, including computer software, posted to the platform, and cannot therefore be responsible for that material’s Content, use or effects. By operating this Platform, KhojKare does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content.
  • This Platform may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. This Platform may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.

KhojKare disclaims any responsibility for any harm resulting from the use by visitors of this Platform, or from any downloading by those visitors of Content posted. If you believe that material located on or linked to this Platform is offensive, indecent, violates your copyright or otherwise objectionable, you are encouraged to notify our team via the report abuse link or via email to info@KhojKare.com. This Platform will respond to all such notices, including as required or appropriate by removing the offensive / objectionable / infringing material or disabling all links to the infringing material on the KhojKare.com domain. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of KhojKare or others, KhojKare may, in its discretion, terminate or deny access to and use of the platform.

USING KHOJKARE.COM’S LOCAL SERVICE NEED FULFILLMENT PLATFORM

Users of this service are responsible for all aspects of the transactions in which they choose to participate. This Platform requires a User to register before posting a service need requirement, a classified ad or uploading a variety of Content on the Platform. This Platform does not review or authenticate all listings, items, or services offered for sale. This Platform has no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of Service Providers to sell items or the ability of Users to buy items. Therefore, Users of this service should be aware that:

  • Service Providers and Users are completely responsible for working out the exchange and performance of services. KhojKare is not responsible for any non-performance or breach of any contract entered into between the Users and Service Providers. KhojKare cannot and does not guarantee that the concerned Service Provider will perform any transaction concluded on this Platform.
  • Both User and Service Provider do hereby agree that KhojKare shall not be required to mediate or resolve any dispute or disagreement that might arise between the parties out of these transactions.
  • Service Providers and Users are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate.
  • Service Providers and Users are responsible for all applicable taxes and for all costs incurred by participating in the local service need fulfilment platform.
  • KhojKare will not be liable for damages of any kind incurred to any parties as a result of the information contained on this Platform. Users shall not use or manipulate this service for any fraudulent activity or purpose. Items or services offered for sale must comply with applicable laws. KhojKare disclaims any and / or all responsibility and / or liability for any harm resulting from your use of third party services, and you hereby irrevocably waive any claim against KhojKare with respect to the Content or operation of any third party services.
  • Using our Services does not give you ownership of any intellectual property rights in our Services or the Content you access. These terms do not grant you the right to use any branding or logos used in our Services.
  • You agree to comply with the Terms of Use and acknowledge that KhojKare reserves the right to terminate your account or take such other action ( including legal remedies) as deemed fit if you commit breach of any Terms of Use.
  • User agrees that he / she / they, indemnify KhojKare, its employees, officers, agents and directors from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with transactions or disputes.
  • We do not control the information provided by other Users that is made available through our system. Users may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense for your own safety. Please note that there are also risks of dealing with underage persons or people acting under false pretence. Additionally, there may also be risks dealing with international trade and foreign nationals.
  • It is confirmed and acknowledged by the User that, all/any information provided by the User, including name, age, contact details and other details to this Platform are accurate and can be used and forwarded by this Platform to Service Provider(s). Any such act, committed by KhojKare shall not constitute a violation of privacy or other rights of the User.
  • At no time shall this Platform have any obligations or liabilities in respect of all/any transaction entered into between the User and Service Provider. KhojKare is not responsible for unsatisfactory or delayed performance of services or damages, if any incurred during service.
  • KhojKare does not make any kind of warranties or representation on delivery, service, quality, suitability and availability of services on this Platform.
  • KhojKare shall not be responsible for any loss or damage whatsoever that may be suffered or any personal injury that may be suffered to a User, directly or indirectly by use or non-use of services mentioned on this Platform.
  • Prices mentioned (if any) on this Platform are subject to change. Users are advised to check with Service Provider for the final price and additional charges applicable, if any. Users does hereby agree to absolve KhojKare from all/any dispute in relation to price of services.

You hereby approve and / or authorise KhojKare to take such measures as are necessary for security purposes and / or improving the quality of services and / or to enhance and provide better Service Provider services to the satisfaction of the User. The User hereby disclaims his right to prevent and/ or proceed against KhojKare in relation to the same.

PAYMENT

Payment of transaction amount can be done online if Users choose to do so. The User can:

  • Pay 100% through the Platform before the service.
  • Pay the vendor directly after service.

The User and the service provider agree that:

  • This Platform allows for payment for any transaction between User and Service Provider through the payment gateway which shall be processed through a Nodal Account maintained as per RBI guidelines [“payment facility”].
  • By providing the payment facility on this Platform, KhojKare is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction.
  • All payments made against services on this Platform by service provider shall be compulsorily in Indian Rupees acceptable in the Republic of India. This Platform will not facilitate transaction with respect to any other form of currency with respect to the transactions made on this Platform.
  • The payment facility provided by this Platform is neither a banking service or a financial service or a NBFC. KhojKare shall merely act as a facilitator for providing an electronic, automated online payment, collection and remittance facility for the transactions conducted by this Platform using the existing authorized banking infrastructure and credit and / or debit card payment gateway networks.
  • All transactions on this Platform are on a principal to principal bipartite contractual obligations between the service provider and User. KhojKare is not / does not hold out itself as an agent /employee of any service provider or User or any other individual or entity availing the facilities of this Platform.
  • Use of the payment facility shall not render KhojKare liable or responsible for any damage, non-delivery, non-receipt, non-payment, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the services listed on this Platform.
  • KhojKare will not be liable or responsible for any damages or claims arising out of non- processing of any transaction or any delay in processing a transaction, which is beyond the control of KhojKare.
  • While accessing the payment facility of this Platform, the service provider consents to supply all such information including but not limited to his name, email address, home address, telephone number, credit or debit card number, CVV number, expiry date of such card (as and when required), as is necessary for successful completion of the payment for the transaction between the service provider and the User. KhojKare reserves the right to store all such information in such manner as it deems fit including storage on cloud service or third party environment.
  • The service provider and the User consent that the information provided by them may be passed on to the banks as and when necessary for processing the payment done through the payment facility.
  • The service provider warrants that all information supplied by members of them or their business and / or household in using the Services, including without limitation his name, email address, home address, telephone number, Bank account details (Account Number, name, Account type, IFSC code etc. as and when required), is true and accurate. The service provider absolves KhojKare of financial or other liabilities, if any due to misstatement or errors in the data shared by him/her/them. Both User and Service Provider agree that KhojKare, its affiliates and related entities shall not be liable and will be held harmless and indemnified against any claims / damages arising out of the transaction between the User and the service provider.
  • KhojKare will not be responsible for any loss or damage arising directly or indirectly to the service provider or the User due to any payment issues arising out of the transaction including but not limited to invalidity of the credit or the debit card, expiry of such card, lack of authorization for any transaction/s, insufficient money in the account of the service provider, exceeding the limit of transaction (a) mutually agreed between the Service Provider and the User or (b) imposed by this Platform
  • KhojKare reserves the right to impose limits on the number of transaction done by the User.
  • KhojKare reserves the right to refuse to process transactions by service providers with a prior history of questionable charges including without limitation breach of any agreements by service provider with KhojKare or breach / violation of any law or any charges imposed by the Issuing Bank or breach of any policy.
  • KhojKare issues cash receipts to its service providers who pays the subscription money in cash. It may be in the physical form or through an SMS or email in the electronic mode. All the service providers of KhojKare should insist for a duly filled in cash receipt against the payment made in cash and any dispute relating to cash payment will only be accepted, against production of the said cash receipt.

KHOJKARE SCORE

Access and use of this service and related facilities (hereinafter for the sake of brevity referred to as “KhojKare Score”) is subject to following terms. Please read these terms carefully before using the services.

Description of service

This KhojKare Score reflects KhojKare’s assessment of a business, based on ratings, reviews and profile views in our Platform and other information submitted to us by the business. KhojKare does not endorse any particular business and does not guarantee quality, reliability or capability of a business. To avoid any ambiguity, it is hereby represented that KhojKare Score shall not act as a Perfect Index to assess and judge the capability, quality and reliability of a Business nor shall it be construed as a score for interpreting the quality of a business. KhojKare Score does not predict the outcome of service provided by a business. Rather, KhojKare Score is just a helper for Users to gather information about businesses who may be suitable for their needs. Users should not rely solely on KhojKare Score in deciding on a business for their service. Assessment of the same business may vary in other sources or may have been assessed based on different information. KhojKare shall makes every effort to avoid errors in the scoring system. However, we do not take any responsibility for any errors and request service providers to check their scores for errors as soon as they are published. All reasonable efforts will be undertaken by us to edit errors which are brought to our attention as contemplated under these Terms of Use.

Usage of service

By using this service, you agree to abide by the following terms and conditions:

  • KhojKare reserves the right to change, alter, replace or otherwise modify these Terms of Use at any time by updating the changes online.
  • KhojKare may, from time to time, release new tools and resources, revise methodology of calculating the Score and or introduce other services and/or features for the Platform.

Any new services and features will be subject to these Terms of Use as well as any additional terms of use that we may release for those specific services or features. It is your responsibility to check this page from time to time for updates or changes in terms and conditions.

Your usage

Subject to your compliance with this terms and use, KhojKare grants you limited, personal, non-exclusive, revocable, non-assignable and non-transferable right to use KhojKare score and other Contents in the platform.

You must not:

  • Adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use KhojKare score or any Content on or from the Platform for any purposes including commercial, business and any other purposes other than personal use.
  • Use KhojKare Score in any manner and in any way that is designed to create a separate ranking service or that replicates any part of service offering on the Platform.
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
  • Sell or transfer, or offer to sell or transfer, any KhojKare account to any third party without the prior written approval from KhojKare.
  • Collect or attempt to collect personal data, or any other kind of information about other Users, without prior written consent of the User.
  • Violate, circumvent or attempt to violate or circumvent any data security measures employed by KhojKare.

KhojKare disclaims any and all responsibility or liability for any harm resulting from your use of third party services, and you hereby irrevocably waive any claim against KhojKare with respect to the content or operation of any third party services.

Using our Self-Serve Service does not give you ownership of any intellectual property rights in our Self-Serve Service or the content you access. These terms do not grant you the right to use any branding or logos used in our Services.

You agree to comply with the Terms of Use and acknowledge that KhojKare reserves the right to terminate your account or take such other action ( including legal remedies) as deemed fit if you commit breach of any terms of use.

Reporting:

In the event you discover that KhojKare Score is wrongly attributed to a particular business and requires amendment, then you may please notify the same to us in writing with following details:

  • Your name and address as provided in acceptable identity / address proof provided by Government of India or State Government.
  • Statement explaining in detail, why KhojKare Score attributed to a business in wrong and requires correction
  • The details of changes to be made in the KhojKare Score.
  • A statement by you that you in good faith believe that, the amendments suggested if incorporated shall reflect correct on this Platform for score for the business.
  • A statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the respective business.

Your notice should be sent to us in writing:

By email to info@khojkare.com / By post to the registered office of the company at :

Chakrahmat Bhigo Darbhanga
Bihar Pin – 846004(India)

KhojKare shall verify the request and make earnest efforts to rectify the errors within reasonable time.

Disclaimer

KhojKare does not warrant that KhojKare Score clearly represents the capabilities of the business nor shall it be construed as a mechanism to rank the business in the order of their quality and performance.

SELF SERVE PORTAL

Access and use of the Self-serve’ portal service and related facilities (hereinafter for the sake of brevity referred to as ‘Self-Serve Service’) is subject to following terms. Please read these terms carefully before using the services.

The terms of this Agreement shall include the ” Terms of Use ” for Users of this Platform insofar as such terms are not contrary to the terms provided herein in case of any contradiction, the terms provided herein shall prevail.

Usage of Self-serve Service

By using the Self-Serve Service, you agree to abide by the terms and conditions. We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time by updating the changes online. We may, from time to time, release new tools and resources, revise methodology of calculating the score and or introduce other services and/or features for the Platform. Any new services and features will be subject to these Terms of Use as well as any additional terms of use that we may release for those specific services or features.

It is your responsibility to check this page from time to time for updates or changes in terms and conditions.

Description of service:

Self-Serve Service assists the Service Provider to automatically list his business under the Platform. KhojKare provides its need fulfilment platform as a service to enable its Users to connect with each other or to connect with businesses in their city. KhojKare provides the Platform and enables the Users to find Service Providers/book services. KhojKare does not endorse any particular business and does not guarantee quality, reliability or capability of a business.

You may not post or list any service offerings that is restricted or prohibited by a state or local legislation or rule in India or other applicable jurisdictions. You, as the Service Provider, are responsible for ensuring that you are not posting an item that is prohibited by law in any jurisdiction…

Service offerings that are prohibited by laws, regulations, sanctions and trade restrictions in India or any applicable jurisdiction are strictly forbidden in the Platform. KhojKare as an entity prohibits and does not espouse or encourage usage of the Platform for posting of service offerings which directly encourages any illegal activities, any pornographic material or items that are sexual in nature, any service offerings that promote hatred, violence, racial or religious intolerance. It is your responsibility to determine whether the service offering of any listed item is authorized by law, statute, or regulation. Without limitation, the following service offerings may not be sold or listed on the platform to make firearms, explosives, and ammunition; alcoholic beverages; tobacco products; service offerings of food that is not packaged or does not comply with all applicable laws; pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods that infringe or otherwise violate another party rights, including copyright, patent, trademark, and rights of publicity and privacy; goods / services that are, in KhojKare’s discretion, indecent, obscene or pornographic; registered or unregistered securities; goods/services which you do not have the legal right to sell /perform; goods which are misrepresented or which do not in fact exist; goods / services which, if sold via the Platform, would cause KhojKare to violate any law, statute or regulation. The above list of service offerings prohibited under the Platform is only illustrative and shall not be considered as exhaustive in nature. The list shall be updated on a continuous basis.

If you are unsure about the service offering you wish to list with the Platform in regard to its appropriateness or legality, please contact our Customer Services department by dropping an email to info@khojkare.com.

You as a service provider do hereby confirm that the information uploaded or listed under the Platform is correct. No fraudulent information or service offering shall be listed under the Platform, which can either directly or indirectly be categorized as false and incorrect. You shall ensure that no errors are made before uploading / listing information into the Platform. KhojKare, does not take any responsibility for any errors and requests Users and Service Providers to check and verify the information before making any transactions. All reasonable efforts will be undertaken by KhojKare to edit errors which are brought to its attention as contemplated under this Terms of Use.

Your Usage:

Subject to your compliance with this Terms and Use, KhojKare grants you limited, personal, non-exclusive, revocable, non-assignable and non-transferable right to use ” Self-Serve ” product and list your business along with service offering on the Platform.

You must not:

  • Adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use Self-Serve Service or any content on or from the Platform for any purposes other than for declared commercial purposes.
  • Use Self-Serve platform in any manner and in any way that is designed to create a separate service or that replicates any part of service offering in the Platform.
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person or entity.
  • Collect or attempt to collect personal data, or any other kind of information about other users, without prior written consent of the user.
  • Violate, circumvent or attempt to violate or circumvent any data security measures employed by KhojKare.

As a Service Provider you agree to list the business information and service offerings in the right category and accurately describe the service offerings. You must be at least 18 years of age and possess the legal authority to enter into this Agreement and to use the Self-Serve Service in accordance with all Terms & Conditions herein. If you are listing your business offering using the Platform, you further warrant that you have legal authority to enter into other binding & selling agreements for the purchase or sale of goods/services. You agree to be financially responsible for all of your use of the Self-Serve Service (as well as for use of your account by others, including without limitation minors living with you). You also warrant that all information supplied by you or members of your business and / or household in using the Platform, including without limitation your name, email address, street address, telephone number, credit card number (when required), and items listed under your service offering, their description and price offered ( when required) is true and accurate. You may be required to provide certain business & government documents that will be used to authenticate your listings. You declare that the documents submitted are true and correct.

You shall be courteous and treat Users of the Platform with dignity and respect. You hereby agree that KhojKare at its discretion is entitled to unilaterally remove your listing from the Platform without any liability and take appropriate action against you , in case of User complaint on complicit or derogatory treatment.

KhojKare disclaims any and all responsibility or liability for any harm resulting from your use of third party Services, and you hereby irrevocably waive any claim against KhojKare with respect to the content or operation of any third party services.

Using our Self-Serve Service does not give you ownership of any intellectual property rights in our Self-Serve Service or the content you access. These terms do not grant you the right to use any branding or logos used in our Services.

You agree to comply with the Terms of Use and acknowledge that KhojKare reserves the right to terminate your account or take such other action ( including legal remedies) as deemed fit if you commit breach of any terms of use.

Reporting:

In the event you discover that service offering or any other information is wrongly attributed to a particular business and requires amendment, then you may please notify the same to us in writing with following details:

  • Your name and address as provided in acceptable Identity / address proof provided by any Government of India or State Government.
  • Statement explaining in detail, why service offering / other information attributed to a business is wrong and requires correction.
  • The details of changes to be made in the Platform.
  • A statement by you that you in good faith believe that the amendments suggested if incorporated shall reflect correct service offering/ information against the business.
  • A statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the respective business.

Your notice should be sent to us in writing:

By email to info@khojkare.com / By post to the registered office of the company at :

Chakrahmat Bhigo Darbhanga
Bihar Pin – 846004(India)

KhojKare shall verify the request and make earnest efforts to rectify the errors within reasonable time.

Disclaimer

KhojKare does not warrant that Self-Serve Service clearly represents the capabilities of the business nor shall it be construed as a mechanism to rank the business in the order of their quality and performance.

Indemnification

You hereby agree to indemnify, defend and hold harmless KhojKare, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:

  • Any violation by your of these Terms of Use.
  • Any third party claim of infringement intellectual property rights or invasion of privacy arising from the hosting of your business or your personal details on the Platform, and/or your making available thereof to other Users of the Platform, and/or the actual use of your business or personal by other Users of the Platform or linked services in accordance with these Terms of Use;
  • Any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of KhojKare.

KhojKare reserves the right to cancel any listing at any time, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause. KhojKare reserves the right of removing the profiles of people/ entities who register with bogus addresses, telephone, and fax information. KhojKare reserves the right of removing the web mail of people who get involved in using web mail for Nigerian frauds.

As a Service Provider, you agree that Users may comment on their experiences with you in the feedback and reviews section of KhojKare and you release KhojKare and its Users from any liability for any comments.

As a Service Provider, by signing in this Platform you hereby unconditionally consents to receive calls / SMS’s from KhojKare in accordance with the ‘Do not disturb’ guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad. KhojKare further reserves the right to send emails and SMS’s related to any order / communication by the User / Service Provider ( Service Provider) on the Platform and the User / Service Provider agrees that the same will not tantamount to spam.

You hereby agree that, at no time shall KhojKare have any obligations or liabilities in respect of any/all transaction(s) entered between the User and Service Provider. KhojKare shall not responsible or liable for cancellations of bookings received from any User. It is the responsibility of the Service Provider to verify the details provided by the User during booking. KhojKare is only a platform that communicates the inputs of the User to the Service Provider.

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify KhojKare and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Notwithstanding anything contrary contained elsewhere under this Terms of Use and without prejudice to other legal remedies available, KhojKare shall be entitled to claim appropriate sum towards all damages and compensation from you and other responsible parties in case loss of profit due to Fraud.

Settlement

KhojKare may settle any amount collected on behalf of the Service Provider inclusive of taxes for a particular transaction within the acceptable timelines agreed by KhojKare and the Service Provider under this terms of use or via email. KhojKare is not responsible for any delays caused by banks and settlement intermediaries once the payment is initiated.

KhojKare shall not responsible for any discrepancy in the details provided by the Service Provider such as bank details and proofs. The Service Provider accepts the entire responsibility of ensuring the correctness of the details provided. KhojKare will process the payments according to the information provided and will not be liable for any loss incurred by the Service Provider due to incorrect details. Both User and Service Provider do hereby agree to indemnify and hold KhojKare harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms of Use.

Notwithstanding anything expressed hereinabove, the maximum liability for KhojKare under this Terms of Use or otherwise shall be the refund of the money collected from you for any specific service, under which the liability arises.

In no event shall KhojKare be liable to both User and Service Provider on account of booking, use, misuse or reliance on the platform: for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from [a] the use or the inability to use our services or access content, [b] the cost of procurement of substitute goods and services resulting from transactions entered into through or from KhojKare, [c] the unauthorized access to or alterations of your transmissions or data, [d] statements or conduct of any third party on the service, or [e] any other matter relating to the Service, even if KhojKare, has been advised of the possibility of damages arising out of or connected with the use (or inability to use) or performance of the portal, reliance upon or performance of any material contained in or accessed from any portal. KhojKare does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product or process disclosed on the portal or other material accessible from the platform.

Any payment made in respect of Self-Serve Service shall be governed by the terms dealing with Payment provided for in the “Terms of Use”.

Severability

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

FAILURE OR DELAY IN SERVICES BY THE SERVICE PROVIDER

KhojKare (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. KhojKare shall have no responsibility to provide you access to this Platform while interruption of this Platform is due to any such cause shall continue.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold harmless KhojKare, its owner, licensee, subsidiaries, successors, assigns and their respective office affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:

  • Any violation by you of these Terms of Use.
  • Any third party claim of infringement intellectual property rights or invasion of privacy arising from the hosting of your business or your personal details on the Platform, and/or your making available thereof to other Users of the Platform, and/or the actual use of your business or personal by other Users of the Platform or linked services in accordance with these Terms of Use;
  • Any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of KhojKare
  • If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify KhojKare and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
  • Notwithstanding anything contrary contained elsewhere under this Terms of Use and without prejudice to other legal remedies available, KhojKare shall be entitled to claim appropriate sum towards damages and compensation from you and other responsible parties in case loss of profit due to Fraud.

CODE OF CONDUCT FOR SERVICE PROVIDERS / USERS

These terms are in addition to and must be read in consonance with the terms mentioned above under the head ‘Accessing & transmitting Platform’s Content’

Private communication, including email correspondence, is not regulated by this Platform. KhojKare encourages its Users to be professional, courteous and respectful when communicating by email. However, KhojKare will investigate and can take action on certain types of unwanted emails that violate this Platform’s policies.

Communications may be intercepted for security purposes including but not restricted national interest.

You should be vary of any phishing filter, spam mails, email soliciting, and exchange of money for inheritance or cross-border access of funds.

Instances:

Threats of bodily harm – this Platform does not permit Users to send explicit threats of bodily harm.

  • Misuse of KhojKare System – This Platform allows Users to facilitate transactions through the KhojKare system, but will investigate any misuse of this service.
  • Spoof (Fake) email – this Platform will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to us through ‘Contact Us’ tab.
  • Spam (Unsolicited Commercial email) – This Platform’s spam policy applies only to unsolicited commercial messages sent by its Users. This Platform Users are not allowed to send spam messages to other Users.
  • Offers to buy or sell outside of this Platform – This Platform prohibits email offers to buy or sell listed products outside of the platform. Offers of this nature are a potential fraud risk for both Buyers and Sellers.
  • This Platform’s policy prohibits User-to-User threats of physical harm via any method including, phone, email and on our public message boards.

Violations of this policy may result in a range of actions, including:

  • Limits on account privileges
  • Account suspension
  • Cancellation of listings
  • Loss of special status

Use of any physical force against the employees KhojKare

No person shall subject the directors, employees, affiliates, agents, representatives or subcontractors of KhojKare to any physical harassment, intimidation, threats, coercion, confinement or use of criminal force, during the course of their business or in connection with the business. Any such act would lead to an automatic cancellation of any current and/or pending transaction being done by such person through this Platform. . This shall be in addition to and without prejudice to all our further remedies at law.

SEVERABILITY

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

EVENTS

The following are the terms and conditions under which this Platform is providing the ticketing service and under which this Platform is to be used.

  • Introduction & definitions: KhojKare.com events (“KhojKare.com events”) is a service operated by this Platform consisting of ticketing services, ticketing resources, and related Content provided by this Platform, and by third parties. “Subscriber” means every person who establishes a connection for access to and use of this Platform.
  • Agreement to Terms & Conditions: This agreement sets forth the terms and conditions that apply to use of this Platform by Subscriber. By using this Platform, Subscriber agrees to comply with all of the terms and conditions hereof.
  • Changes in Terms & Conditions: KhojKare has the right to change / alter / modify / discontinue any aspect or feature of this Platform, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time. KhojKare has the right to change or modify the Terms and Conditions applicable to Subscriber’s use of this Platform, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this Platform, or by electronic or conventional mail, or by any other means. Any use of this Platform by subscriber subsequent to such notice shall be deemed to constitute acceptance by subscriber of such changes, modifications or additions.
  • Ticketing: This Platform sells tickets on behalf of promoters, teams, bands and venues which means this Platform does not set the ticket prices or determine seating locations.

All ticket sales are final and no exchanges or refunds are allowed after a purchase has been made. Where tickets are mailed to the subscriber, neither the client nor will this Platform replace lost, stolen, damaged or destroyed tickets.

When you receive your tickets, please keep them in a safe place. Please note that direct sunlight or heat can sometimes damage tickets. Where “ticket delivery” feature is available and chosen, please allow enough time for the delivery of your ticket order.

If you have selected delivery by mail, please allow at least fourteen business days after your order is placed to receive your tickets. For express delivery allow at least 2 business days. These are approximate times, and this Platform is not responsible for deliveries that take longer.

‘Will call’ orders can be processed up to the day of the event. Where “will call’ feature is available Will call feature: is when ticket is carried to the venue and is redeemed before entry and chosen, the Subscriber must show proof of identification and a printed copy of the electronic receipt to receive the actual ticket.

This Platform will send a confirmation of the order for tickets via email to the subscriber upon successful processing of the order. It is the responsibility of the subscriber to ensure that the email address provided is correct and accurate.

Occasionally, events are cancelled, delayed or postponed by the promoter, team, performer or venue for a variety of reasons. The User hereby agrees and acknowledges that if the event is cancelled, delayed or postponed for any reason, KhojKare shall have no responsibility whatsoever.

In such an event, please contact the organiser for information on receiving a refund. If the event was moved or rescheduled, the venue or promoter may set refund limitations. This Platform assumes no responsibility for such refunds and processes refunds only as instructed by the event organiser.

DISCLAIMER OF WARRANTIES & INDEMNITIES

Your use of this Platform is at your own risk. This Platform is provided by KhojKare, on an “as is” and “as available” basis. To the full extent permissible by applicable law, websites disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

You acknowledge that any warranty that is provided in connection with any of the products or services made available on or through this Platform is provided solely by the owner, advertiser or manufacturer of that product and / or service and not by KhojKare. Further:

You acknowledge that any warranty that is provided in connection with any of the products or services made available on or through this Platform is provided solely by the owner, advertiser or manufacturer of that product and / or service and not by KhojKare. Further:

  • This Platform, makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, Content, materials, or products on the website, including that:
  • This Platform and its services will meet your requirements.
  • This Platform will be uninterrupted, timely, and secure or error free.
  • The quality of any products, services, information or other material purchased or obtained by you though this Platform will meet your expectations, be reliable or accurate, and
  • Errors in the software will be corrected within reasonable time.

Your sole remedy for dissatisfaction with this Platform, site-related services and/or Content or information contained within the site is to stop using the site and/or its services.

Any material downloaded or otherwise obtained through the use of this Platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the do.

You agree to indemnify, defend and hold KhojKare, harmless from all claims, damages and expenses (including attorney’s fees) made by any third party arising out of your Content, your use of this Platform, your connection to this Platform, your violation of this Agreement, our Terms of Use or our Privacy Policy, and the development, operation, maintenance, use and Contents of your website.

LIMITATION OF LIABILITY

In no event shall KhojKare, be liable for any direct, indirect, incidental, special, punitive, consequential damages, or any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:

  • The use or the inability to use our services or access Content;
  • The cost of procurement of substitute goods and services resulting from transactions entered into through or from this Platform;
  • The unauthorised access to or alterations of your transmissions or data;
  • Statements or conduct of any third party on the service;
  • Any other matter relating to the service, even if KhojKare, has been advised of the possibility of damages.

Notwithstanding anything expressed hereinabove, the maximum liability for KhojKare under this terms of use or otherwise shall be the refund of the money collected from you for any specific service, under which the liability arises.

VOID WHERE PROHIBITED

Although this Platform is accessible worldwide, not all products or services discussed or referenced on this Platform are available to all persons or in all geographic locations or jurisdictions.

Unless otherwise specified, the material on this Platform is presented solely for the purpose of sale in India. This Platform makes no representation that materials on this Platform are appropriate or available for use in other locations/countries other than India. KhojKare reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on this Platform is void where prohibited.

In addition, KhojKare makes no representation that materials on this Platform are appropriate or available for use in locations outside India; therefore, accessing those materials from territories where they are illegal is prohibited. Those who choose to access this Platform from locations outside India do so on their own initiative and are responsible for compliance with local laws.

TERMINATION

KhojKare, reserves the right to discontinue in whole or in part any portion of this Platform services or programs with or without notice.

ADDITIONAL NOTICES

  • All rights to the Platform material not expressly granted herein are reserved.
  • Third party merchants and advertisers: You acknowledge that KhojKare does not control the performance of merchants or advertisers that appear on this Platform. Therefore, if you choose to purchase a product or service, you release us from any and all claims you may have regarding the third party’s failure to deliver or perform.

CONTACT DETAILS SUBMITTED ON FORMS

By submitting this form, you authorise KhojKare to contact you at the telephone number or email provided for this inquiry, even if you have previously registered on a Do Not Dial registry or requested KhojKare or its agents to not send marketing or other information by phone or email. You agree we may use an auto-dialler to reach you. You understand that you are required to consent to receiving autodialled calls / messages / texts as a condition of procuring or using any this Platform products or services. You authorise and request this Platform to send you relevant and responsive ads and business listings that appear on the site to match your search and need.

If you do not wish to authorise KhojKare to contact you in this manner, you will need to call 8825289798 to complete your request.

The User / Service Provider by signing in this Platform hereby unconditionally consents to receive calls / SMS’s from KhojKare in accordance with the ‘Do not disturb’ guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad. KhojKare further reserves the right to send emails and SMS’s related to any order / communication by the User / Service Provider on this Platform and the User / Service Provider agrees that the same will not tantamount to spam.

UVN

Independent investigation

You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit member referrals on terms that may differ from those contained in this Agreement. You have independently evaluated the desirability of participating on this Platform or its programs and are not relying on any representation, guarantee or statements other than as set forth in this Agreement.

“TERMS OF USE FOR SERVICE PROVIDERS”

For the purpose of this Terms of Use, wherever the context so requires, “you” or “User” shall mean any natural or legal person who is a Service Provider on this Platform. The terms “we”, “us”, “our” shall mean the Platform

Please read the following Terms and Conditions which are applicable to your use of this Platform.

GENERAL RELEASE

  • KhojKare has no involvement in the actual transaction between User and Service Provider. This Platform does not have any control over the quality, safety, or legality of items advertised, the truth or accuracy of the listings, the ability of Service Providers to actually sell items they list, or the ability of Users to actually buy items. Please remember that there are risks in dealing with people you do not know, and that this Platform has no control over such risks.
  • All transactions on this Platform are on principal to principal bipartite contractual obligations between the Service Provider and User. KhojKare is not / does not hold out itself as an agent / employee of any Service Provider or User or any other individual or entity availing the facilities of KhojKare. KhojKare is merely a facilitator and does not act as a part to the transaction.
  • Service Provider shall indemnify KhojKare, its agents, employees, directors, officers and affiliates from all refunds or warranties, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with listings, completed or incomplete transactions, or services offered or actually delivered.
  • You must be at least 18 years of age and possess the legal authority to enter into this agreement and to use the Services in accordance with all Terms & Conditions herein. If you are using the Service, you further warrant that you have legal authority to enter into other agreements for performance of services. You agree to be financially responsible for all of your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You also warrant that all information supplied by you or members of your business and / or household in using the Services, including without limitation your name, email address, street address, telephone number, credit card number (when required), and if you are selling goods, all information about your listed goods, is true and accurate.
  • You warrant that you will abide by all such additional procedures and guidelines, as modified from time to time, in connection with your use of the Services. You further warrant that you will comply with all applicable laws and regulations regarding use of the Services. Without limitation, by listing an item for sale, you warrant that you have the legal right to sell the item.
  • You shall not collect personal data and other information for commercial or unlawful purposes.
  • As a Service Provider, you agree to list your items in the right category and to accurately describe the items you are selling.
  • It is your responsibility to determine whether the purchase or sale of any listed item is authorised by law, statute, or regulation. Without limitation, the following items may not be sold or offered for sale on the this Platform – firearms, explosives, and ammunition; alcoholic beverages (except if you are reselling an alcoholic beverage that was initially purchased from a retailer and is still in its original container and it is legal to deliver into the jurisdiction where the User lives); tobacco products; food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods that infringe or otherwise violate another party rights, including copyright, patent, trademark, and rights of publicity and privacy; goods that are, in this Platform’s discretion, indecent, obscene or pornographic; registered or unregistered securities; goods which you do not have the legal right to sell; goods which are misrepresented or which do not in fact exist; goods which, if sold via the services, would cause this Platform to violate any law, statute or regulation.
  • KhojKare reserves the right to cancel any listing at any time, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause. This Platform reserves the right of removing the profiles of people who register with bogus addresses, telephone, and fax information. KhojKare reserves the right of removing the web mail of people who get involved in using web mail for Nigerian frauds.
  • The Service Provider agrees and acknowledges that the information provided by him regarding his services is true and correct. Such information cannot be changed except with the prior intimation to and consent of KhojKare.
  • As a Service Provider on this Platform you agree that Users may comment on their experiences with you in the feedback and reviews section of this Platform and you release this Platform and its Users from any liability for any comments.
  • KhojKare may provide Service Providers with a Business Virtual Number (“BVN”). BVN shall be governed by the same terms and conditions as are provided for a UVN. The Service Provider authorises that the calls made in relation to any / all transactions using the platform may be recorded for training and quality purposes including dispute resolution, service assurance, betterment of KhojKare’s services, security purposes and other business purposes of KhojKare. The Service Provider disclaims and / or abandons any right to sue in relation to the same.
  • The User / Service Provider by signing on this Platform hereby unconditionally consents to receive calls / SMS’ from this Platform in accordance with the ‘Do not disturb’ guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad. KhojKare further reserves the right to send emails and SMS’s related to any order / communication by the User / Service Provider on this Platform and the User / Service Provider agrees that the same will not tantamount to spam.
  • Both User and Service Provider hereby agrees that, at no time shall this Platform have any obligations or liabilities in respect of any/all transaction(s) entered between the User and Service Provider. KhojKare shall not responsible or liable for cancellations of bookings received from any User. It is the responsibility of the Service Provider to verify the details provided by the User during booking. This Platform is only a platform that communicates the inputs of the User to the Service Provider.
  • Settlement: KhojKare at its discretion may settle any amount collected on behalf of the Service Provider inclusive of taxes for a particular transaction within the acceptable timelines agreed by this Platform and the Service Provider under this ‘ Terms of Use ‘ or through email. This Platform is not responsible for any delays caused by banks and settlement intermediaries once the payment is initiated.
  • 16. KhojKare shall not responsible for any discrepancy in the details provided by the Service Provider such as bank details and proofs. The Service Provider accepts the entire responsibility of ensuring the correctness of the details provided. KhojKare will process the payments according to the information provided and will not be liable for any loss incurred by the Service Provider due to incorrect details. Both User and Service Provider do hereby agree to indemnify and hold KhojKare and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the terms.
  • Notwithstanding anything expressed hereinabove, the maximum liability for KhojKare under this terms of use or otherwise shall be the refund of the money collected from you for any specific service, under which the liability arises.
  • In no event shall KhojKare be liable to both User and Service Provider on account of booking, use, misuse or reliance on the portal: for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from [a] the use or the inability to use our services or access Content, [b] the cost of procurement of substitute goods and services resulting from transactions entered into through or from this Platform, [c] the unauthorized access to or alterations of your transmissions or data, [d] statements or conduct of any third party on the service, or [e] any other matter relating to the service, even if this Platform, has been advised of the possibility of damages arising out of or connected with the use (or inability to use) or performance of the portal, reliance upon or performance of any material contained in or accessed from any portal. KhojKare does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product or process disclosed on the portal or other material accessible from the portal.

PASSWORDS

Your password should be a combination of alphabets and at least one number and a special character. You are solely responsible for actions taken under your password, and should not disclose it to anyone else. You cannot use your password for any unauthorised purpose.

COMPLIANCE WITH LAWS

You agree to comply with all applicable laws, statutes, ordinances and regulations concerning your participation in this Platform.

OTHERS INFORMATION

You agree not to make use of anyone else’s information concerning this Platform’s market places other than as necessary to participate on this Platform and to complete any transactions in which you are involved.

OWNERSHIP OF DATA

When participating in any of this Platform’s service, you may provide us with information about yourself and / or products and services listed. You grant KhojKare exclusive rights in all of this information, and all information derived or generated from it, in all existing or future media. These rights include but are not limited to the right to display your information anywhere on this Platform’s services and media properties, to search the information, and, consistent with our privacy policy, to repackage and resell it to anyone for any reason. As used in this paragraph, information includes but is not limited to data, text, photographs, drawings, sound recordings, feedback, and any other information or data displayed or presented in connection with your listings on this Platform.

RIGHTS TO TERMINATE

You agree that KhojKare, in its sole discretion, may terminate any use of the Service / delete the listing immediately and without any prior notice.

RELATIONSHIP

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between KhojKare and any User / Service Provider of the Platform.

FALSE INFORMATION

If at any point of time KhojKare finds that the information provided by you in your registration or web mail is false, KhojKare reserves the right to terminate your account.

FREE LOOK PERIOD

You have the right to review the Terms & Conditions and cancel your campaign on this Platform, within 7 working days from the date of your campaign going live. If you choose to cancel your campaign, your refund will be processed as per Refund terms listed under the ‘Terms of Use’.

REFUNDS

Refund of Subscription Plan fee

A Subscription fee excluding other applicable taxes may be collected by KhojKare for the Subscription in the Platform. If at any time, the Users are not satisfied with the quality of the Service Provider, User may call Service provider care number of this Platform wherein the complaint will be noted for review. KhojKare holds the authority to decide if the booking fee should be refund for this compliant. Further, User will not have any right to claim or allege anything against KhojKare in respect of services provided/money collected by the Service Provider from the User beyond the booking fee amount.

In any case should you in any manner wrongfully or illegally detain any director, employee, affiliate, agent, representative or subcontractor of KhojKare, we shall be constrained to take all such actions including cancellation of the refund process. Any refund will stand forfeited without any further reference to you. This shall be in addition to and without prejudice to all our further remedies at law

CANCELLATION

User shall directly contact KhojKare for processing any requests pertaining to cancellation of subscription.

On receiving cancellation request, the refund shall be governed by the Refund terms mentioned in the Agreement. The cancellation request should be raised before a minimum of 24 hours before the scheduled time for performance of service. For any requests that are not raised before 24 hours, the booking fee is non-refundable.

REFUND OF TRANSACTION PAYMENT – SERVICE PROVIDER

KhojKare refund policy:

KhojKare is not obligated to refund to you any amounts or fees paid by you while placing the order, except solely in the event you rescind or terminate your subscription within the ‘seven days from the date of activation of campaign following your agreement to purchase a service package. You authorize KhojKare to charge you for any sales or similar taxes that may be imposed on your payments, lead fees, or any other fees charged by KhojKare :

In case of any rejected, non-activated campaigns, KhojKare will make best effort to process the refund within a period of 15 days (Fifteen days) from date of clearance of payment. In case of a refund of the amount paid under advance renewals, KhojKare will not be under any obligation to process refund requests initiated after 15 days ( fifteen days) from the date of clearance of payment.

For activated campaigns, refund will be processed as follows:

  • KhojKare, subject to terms and applicable polices shall offer complete available amount towards refund to the customer if the refund request is raised within 7 days from the date of activation of this campaign.
  • KhojKare will offer a refund in the first 30 days of the campaign, after deducting only the:
    • Amount consumed amount under the Campaign (Inclusive of MPC & Service delivered charges).
    • 20 % towards Cancellation Charges and applicable taxes and
    • Bonus amounts, if any.
  • No refund requests shall be accepted by the company, after completion of 30 days from the date of activation of the campaign

All refunds, wherein the refund requests are raised within thirty days from the date of activation of campaign will be processed through cheque except for payment made via cards or net banking, in such cases, refund will be processed to the Service Providers’ card account / bank account. In any case should you in any manner wrongfully or illegally detain any director, employee, affiliate, agent, representative or subcontractor of KhojKare, we shall be constrained to take all such actions including cancellation of the refund process. Any refund will stand forfeited without any further reference to you. This shall be in addition to and without prejudice to all our further remedies of law.

APPLICABLE LAW AND DISPUTE RESOLUTION

If any dispute, controversy or claim arises out of, or in relation to, or in connection with this Agreement or its termination or validity, the parties shall attempt to mutually resolve the same through mediation.

However, if the parties fail to resolve the above dispute within a period of 30 days, the same shall be referred to arbitration under the Arbitration and Conciliation Act, 1996.

The arbitration shall be conducted by a sole arbitrator, appointed by KhojKare. The place of arbitration shall be in Chennai, India and it shall be conducted in English.

The award of the arbitrator shall be final, conclusive and binding upon the parties

The courts in Chennai shall have exclusive jurisdiction in relation to any dispute arising between the User and the Service Provider with KhojKare.

The User and Service Provider agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this Platform or these Terms and Conditions must be filed within one (1) year. Any claim or cause of action which may arise or is filed after a period of one year from the date of transaction shall not be entertained and shall be barred.

USER DECLARATION – ADVOCATES AND LAWYER SERVICE.

User by virtue of submitting/ searching for any keyword in relation to advocates and lawyers in the platform agree and accept that:

  • a. There has been no advertisement, personal communication, solicitation, invitation or inducement of any sort whatsoever from KhojKare or any of Service Providers listed to solicit any work through the platform
  • b. The user wishes to gain more information about advocate for his/her own information and use
  • c. KhojKare does not have control over the quality of knowledge, amount of time taken, legality, failure to provide with a result, or any other aspect whatsoever of any opinion/service provided by Lawyer(s), nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Lawyer in any manner. KhojKare does not guarantee any expertise or quality of lawyers listed on the platform and we take no responsibility of any default caused or insufficient service provided by the Lawyers. KhojKare will not be liable for any claim, injury or damage arising in connection with your use of the service.
  • d. The information about advocate is provided to the user only on his/her specific request and any information obtained or materials downloaded from this website is completely at the user’s volition and any transmission, receipt or use of this site would not create any relationship or liability.
  • e. KhojKare does not provide any legal services and we are not a law firm.
  • f. You understand that the platform is not an advertising service for Lawyers and it does not solicit business of or promote any Lawyer and hence KhojKare is not in violation of propositions of Advocates Act 1961 and/or Bar Council Rules.
  • g. You agree and understand that Lawyers are not employees or agents of KhojKare and no information of any kind including ratings, reviews, score etc or answers to questions/queries provided by any Lawyer over chat or otherwise constitutes an endorsement, recommendation or referral of any Lawyer.
  • h. We do not recommend any specific lawyer or select, endorse or recommend any Lawyer to the User. The selection and hiring of services of any Lawyer is at the sole discretion of the User.
  • i. When a User selects any Lawyer, the Lawyer acts on its sole behalf and is not a representative or agent of KhojKare. We do not in any way guarantee the accuracy, adequacy, authenticity of such information provided by the Lawyer and the User should independently analyse and apply his prudent mind in testing the authenticity of the information provided by the Lawyer.
  • j. We do not have control over the quality of knowledge, amount of time taken, legality, fee charged, failure to provide with a result, or any other aspect whatsoever of any opinion/service provided by Lawyer(s), nor of the integrity, responsibility or any of the actions or omissions whatsoever of any l Lawyer in any manner.
  • k. We are not liable for any consequence of any action taken by the user relying on material / information provided under this website. In cases you have specific legal queries, he/she in all cases must seek independent legal advice.

Users are encouraged to investigate or perform your own due diligence concerning the Lawyers and their qualifications. No representation is made that the quality of the professional services to be performed is greater than the quality of professional services performed by other Lawyers. We urge all users to make their own independent investigation and evaluation of any Lawyer being considered.

ADVOCATES AND LAWYERS DECLARATION:

The advocates and lawyers by virtue of listing their profile in the platform does hereby declare, undertake and accept that :

  • a. listing of their credentials as lawyer with KhojKare Platform and availing subsequent services thereto is not in contravention of any of the provisions of the existing laws which also includes Bar Council of India Rules.
  • b. have provided true, accurate, current, and complete information to us in connection with any use or access of the Services
  • c. will maintain and update the information to keep it true, accurate, correct, and complete.
  • d. KhojKare reserves the right to terminate your access to the Services in the event we learn or believe any information provided by you may be false, inaccurate, incorrect, or incomplete.
  • e. The details of Lawyer such as name, telephone number, email id, areas of practice etc provided in the platform is true and is not in violation Bar Council Of India Rules
  • f. They shall comply with all the applicable laws in India including the rules made there under for using the platform or availing the payment facility provided on the platform.

REWARDS AND POINTS SYSTEM FOR USERS

  • This Special Offer is not redeemable for cash or any other items/offers.
  • KhojKare reserves the right to add vary/replace all or any of the terms and conditions wholly or in part this promotional scheme or to withdraw it completely or change the composition of the Special Offer.
  • The customer agrees to release, indemnify and hold harmless, KhojKare its respective affiliates, its advertising and promotion agencies, and all of its respective agents, representatives, officers, directors, shareholders and employees from and against any injuries, losses, damages, claims, actions, or any liability of any kind resulting from or arising from your or any third party’s use (or misuse) of the Special Offer.
  • The terms of the Offer are construed according to the laws of India.
  • KhojKare reserves the right to forfeit the Special Offer in the event it is found any information provided by the Eligible Customers is wrong or any misrepresentation is made by them.
  • This Special Offer is subject to force majeure clause i.e. In the event of unforeseeable or any other circumstances such as technical failures in the telephone lines, server failures or any mistakes arising out of technical snags, KhojKare will be unable to perform the obligation. By availing this Offer, it shall be construed that the customer has read, understood, accepted and agreed to abide by all the terms and condition stated hereunder.
  • Information about the Offer is correct at the time of publication. Eligible Customer can refer to the latest set of Terms and Conditions available on KhojKare’s website.
  • All services offered are at the sole discretion of KhojKare.
  • KhojKare reserves the right to modify/change all or any of the Terms and Conditions applicable to Offer without providing any reasons or prior intimation whatsoever. KhojKare also reserves the right to discontinue the Offer without giving any reasons or prior intimation whatsoever.
  • Wallets with statuses such as Lost/Stolen/Blocked are not eligible for this offer.
  • Any tax or other liabilities or charges payable to the Government or any other statutory authority/body or any participating establishment, which may arise or accrue to the Customer due to provision of the Offer, shall be to the sole account of the Customer. * KhojKare reserves the right to disqualify the Offer or Customer/s from the benefits of the Offer if any fraudulent activity is identified as being carried out for the purpose of availing the benefits under the Offer.

USER TERMS-BOOKING MODEL

The following terms constitute a legally binding agreement (“Agreement”) between you and KhojKare.com  (KhojKare) governing use of www.KhojKare.com and related mobile applications (together referred to as “Platform”) and any transactions performed in the platform. KhojKare matches needs of users with that of service provider and acts as intermediary in need fulfillment process. This is an agreement between you as the user of the Platform and KhojKare.com (“KhojKare”). The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the platform for any purpose and we,” “us,” “Company” or “our” refers to entity that you are contracting for the service i.e KhojKare.com .

By subscribing to or interacting with other User(s) on or entering into negotiations in respect of need or subscribing to any services on or using the platform in any manner for any purpose, You undertake and agree that You have fully read, understood and accepted the Agreement.

If you do not agree to or do not wish to be bound by the Agreement, You may not access or otherwise use the platform in any manner. This Agreement applies to any person who accesses or uses the Web Site for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the Web Site, under actual or apparent authority. User(s) may use this Web Site solely for their commercial/business purposes.

This Agreement applies to all services offered on the Web Site and by KhojKare, collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on the Web Site. In the event of any conflict or inconsistency between any provision of this Agreement and any additional terms and conditions applicable in respect of any service offered on the Web Site, such additional terms and conditions applicable in respect of that service shall prevail over this Agreement.

1.Terms of Usage

Users of this service are responsible for all aspects of the transactions in which they choose to participate. KhojKare requires a user to register before posting a service need requirement or uploading any content on the platform. KhojKare does not review or authenticate all listings, items, or services offered for sale. KhojKare has no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of Service Providers to service the need or the ability of executive to perform the services as per users need requirements. Therefore, users of this service should be aware that:

User agrees that and accept exclusions and inclusions under scope of service as displayed at the time of placing the order in the platform. User accepts that, KhojKare shall not be held liable for any change in exclusions and/or inclusions by the service provider at the time of rendering the services booked through the platform.

Service Providers and users are completely responsible for working out the sale and exchange of goods or services. KhojKare is not responsible for any non-performance or breach of any contract entered into between the users and Service Providers. KhojKare cannot and does not guarantee that the respective service provider will perform any transaction concluded on the KhojKare portal.

Both user and Service Provider do hereby agree that KhojKare shall not be required to mediate or resolve any dispute or disagreement that might arise between the parties out of these transactions.

Service Providers and users are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate.

Service Providers and users are responsible for all applicable taxes and for all costs incurred towards any transactions emanating platform. Service Providers and users are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate

KhojKare will not be liable for damages of any kind incurred to any parties as a result of the information contained in KhojKare.com website. Users shall not use or manipulate this service for any fraudulent activity or purpose. Items or services offered for sale must comply with applicable laws. KhojKare disclaims any and all responsibility or liability for any harm resulting from your use of third party Services, and you hereby irrevocably waive any claim against KhojKare with respect to the content or operation of any third party services.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services.

You agree to comply with the terms of use and acknowledge that KhojKare reserves the right to terminate your account or take such other action ( including legal remedies) as deemed fit if you commit breach of any terms of use.

User agrees that KhojKare is a platform, indemnifies KhojKare, its employees, officers, agents and directors from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with transactions or disputes. We do not control the information provided by other users that is made available through our system. Users may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense for your own safety. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals.

It is confirmed and acknowledged by the user that, all/any information provided by the user, including name, age, contact details and other details to KhojKare are accurate and can be used and forwarded by KhojKare to Service Provider(s). Any such act, committed by KhojKare shall not constitute a violation of privacy or other rights of the user.

At no time shall KhojKare have any obligations or liabilities in respect of all/any transaction entered into between the user and Service Provider. KhojKare is not responsible for unsatisfactory or delayed performance of services or damages, if any incurred during service.

KhojKare does not make any kind of warranties or representation on delivery, service, quality, suitability and availability of services in the website.

KhojKare shall not be responsible for any loss or damage whatsoever that may be suffered or any personal injury that may be suffered to a user, directly or indirectly by use or non-use of services mentioned in the website

Prices mentioned (if any) on the KhojKare portal are subject to change. Users are advised to check with Service Provider for the final price and additional charges applicable, any. Users agree that they shall directly negotiate with service provider in case of change of rates and make payments towards all outstanding dues.

User(s) agree to fully assume the risks of any transactions (“Transaction Risks”) conducted on the basis of any content, information or any other material provided on the platform and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction.

  • Such risks include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products/services, unlawful products/services, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents.
  • Such risks also include the risks that the sale and/or use of products or services offered or displayed on the platform may violate or may be asserted to violate Third Party Rights, and the risk that that User(s) may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.
  • Such risks further include the risks that the purchasers, end-users of services or others claiming to have suffered injuries or harms relating to services originally obtained by User(s) of the Web Site as a result of purchase and sale transactions in connection with using any content, information or any other material provided on the platform may suffer harms and/or assert claims arising from their use of such services.

Notwithstanding anything expressed hereinabove, the maximum liability for KhojKare.com  under this terms of use or otherwise shall be the refund of the money collected from you for any specific service, under which the liability arises.

In no event shall KhojKare.com  be liable to both user and customer on account of booking, use, misuse or reliance on the portal: for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from [A] the use or the inability to use our services or access content, [B] the cost of procurement of substitute goods and services resulting from transactions entered into through or from KhojKare, [C] the unauthorized access to or alterations of your transmissions or data, [D] statements or conduct of any third party on the service, or [E] any other matter relating to the service, even if KhojKare.com, has been advised of the possibility of damages arising out of or connected with the use (or inability to use) or performance of the portal, reliance upon or performance of any material contained in or accessed from any portal. KhojKare.com  does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product or process disclosed on the portal or other material accessible from the portal.

2.Payment

Pricing for the services will be as described in the respective page of platform.

Users shall be provided with the option to book the service by paying a percentage of payment in advance through the platform.

The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. KhojKare is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by KhojKare of such Third-Party Services.

You represent and warrant that: (i) neither you nor service location is/are located or take place in a country that is subject to a Indian embargo, or that has been designated by the Indian Government as a “terrorist supporting” country; and (ii) you are not listed on any Indian Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.

Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.

KhojKare reserves the right to modify these Payments Terms at any time subject to this clause. If we make changes to these Payments Terms, we will post the revised Payments Terms on the Platform and update the “Last Updated” date at the top of these Payments Terms. You are requested to check and verify that you are in agreement with any/all changes.

You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. KhojKare is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.

3.Cancellation

User agree and accept that any service booked for the platform cannot be cancelled under any circumstances. User agrees and accept that any booking fee or such other amount paid in KhojKare platform towards booking of service is non-refundable.

4.Disclaimers

If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.

Notwithstanding KhojKare’s appointment as the limited payment collection agent of Service Providers for the purposes of accepting payments from Users through the KhojKare’s Platform, KhojKare explicitly disclaims all liability for any act or omission of any Service Provider or other third party. KhojKare does not have any duties or obligations as agent for each Service Provider except to the extent expressly set forth in applicable Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.

If we choose to conduct identity verification on any Service Provider and/or User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Service Provider/ User or guarantee that a Service Provider/ User will not engage in misconduct in the future.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.

5.Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend, indemnify, and hold KhojKare and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) KhojKare’s Collection and Remittance of applicable Taxes; or (iv) your breach of any laws, regulations, or third-party rights.

6.Limitation of Liability

Neither KhojKare nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other users or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not KhojKare has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Service Providers pursuant to these Payments Terms, in no event will KhojKare’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed or Indian Rupees Two hundred only (INR 200/-), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between KhojKare and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the India., this does not affect KhojKare’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

7.Applicable Law and Jurisdiction

This Agreement shall be governed exclusively by the laws of India. Any action brought hereunder shall be brought exclusively in the courts in Chennai, and both parties hereby consent to the jurisdiction of such courts and to such venue, which both agree is convenient.

Any dispute or difference arising out of, or in connection with, your usage of platform or the breach thereof which cannot be amicably settled between User and KhojKare (including through alternative dispute resolution procedures as may be agreed to by the Parties) shall be arbitrated in accordance with the Indian Arbitration and Conciliation Act, 1996 or any statutory enactment or re-enactment in force. The seat of the arbitration shall be Chennai, Tamil Nadu, India. A Sole arbitrator appointed by KhojKare shall conduct the arbitration proceedings, whose reward shall be final. The language of the arbitration shall be English. Outside India, the Parties agree to go through Alternative Dispute Resolution (ADR) procedures, arbitrated in accordance with the UNCITRAL Arbitration Rules as at present in force.

Any resulting arbitral decision shall be final and binding on both parties. Judgment upon any arbitration award may be entered in any court having jurisdiction thereof. Such judgment shall be in lieu of any other remedy.

Please note that the clauses of this agreement along with applicable policies placed in the platform can be changed/altered over time. Users are advised to regularly check our privacy statements for such updates and ensure that they do are in agreement with changes and updates. The Agreement read with terms of use, copyrights policy, Privacy Policy and such other policies placed in the platform constitute the entire agreement between the User(s) and KhojKare with respect to access to and use of the KhojKare, superseding any prior written or oral agreements in relation to the matters described hereinabove.

KHOJKARE SERVICES- T & C

KhojKare.com  (‘KhojKare’/’Company’) offers its customers a solution to effectively and easily manage the visibility of their points of sale.

RECITALS

KhojKare is engaged in the business of providing services to business to manage their points of sale on a range of partner platforms, with which the company has established agreements and/or established a solution to monitor reviews, in order to be aware of what internet users may say about these establishments on local sites.

KhojKare and Licensee wish to enter into this Agreement whereby KhojKare provides certain access to platform to synchronize the information and Data transmitted by the customers to the partner (defined below) and Updated Information Services (defined below).

1. DEFINITIONS

As used in this Agreement, the following terms shall have the following meanings with such meanings to be equally applicable to both the singular and plural forms of the terms defined:

“Agreement” means this License Agreement, along with order form, privacy policy and any other terms of use provided in the platform and any agreements, schedules or exhibits supplementing or amending this Agreement.

“Fees” means the amount payable by Licensee for access to and use of the Service

“Information” means the information provided by customers for synchronization to partner platforms, collectively.

“Proprietary Information” means the Service and all other data, manuals, documentation, algorithms, and other information that may be disclosed or provided to Licensee in the course of providing the Service, and all intellectual property rights thereon.

“POI (Point of Interest)” address of a point of sales or a service of a customer.

“Partner Platforms” Google My Business & Google Maps, Waze, TomTom, Here, Foursquare, Factual and Facebook local.

“Service” means the synchronization of information provided by the customer and any software applications and any other services provided by KhojKare to Licensee. The Service includes any corrections, enhancements, updates or other modifications to the Service during the term of this Agreement.

“Updated Information Service” means the service provided by KhojKare to Licensee whereby the Information is updated on an on-going basis upon receipt of data from customers.

2. LICENSE

2.1 Grant. Subject to the terms and conditions of this Agreement (including Licensee’s obligation to pay for the Service), KhojKare grants to Licensee a 12 month (unless otherwise terminated as set forth herein) a non-exclusive, non-transferable license to use the Service solely for the purposes of synchronization of customer data across partner platforms.

The Partner platforms can, at any time freely change their graphic policy, posting policy and commercial policy with respect to the posting of content. KhojKare can therefore not engage in an obligation to achieve results with respect to the publishing of certain content and Data on certain platforms or even with respect to the simple publishing of information on a particular site. However, KhojKare commits to do its utmost to ensure that the Data published by the Customer is published on the Partner sites as quickly as possible.

The customer remains responsible for information published on the public files of the Partners platform before, during and after the assured provision by the KhojKare. They retain the option to modify this information themselves by following the Partners instructions.

2.2 Publishable data

The customer commits to do submit correct information with respect to its business for integration and synchronization of its point of sale integrate the maximum possible Data published by the Customer, notably:

  • Business name
  • Address (house n°, post code, country)
  • Categories (activity type)
  • Telephone N°
  • Latitude
  • Longitude
  • Website URL
  • Email
  • Facebook and other social media link
  • Opening Hours
  • Business logo
  • Business Type
  • Business photographs
  • Business Service list
  • Business description 
  • Contact Details (Name,phone,email,whatsapp no,address) 
  • Business Timing
  • FSSAI
  • GST

The Customer commits to update the Data on this file regularly and at least before each update.

The Customer commits to do its utmost to help the KhojKare if they require complementary information to keep within the written obligations.

The Customer commits to only update the KhojKare with lawful content, free from any violation of public order, morality or the rights of third parties.

Review Management

A. Centralization of The Customer’s local reviews

The KhojKare commits to provide the Customer with a monitoring solution for local reviews so that the latter may be informed as soon as a review related to these establishments is posted by an internet user on a Partner site, in order to respond to it quicker. To date, the partners of the KhojKare are Google, and Facebook.

If KhojKare signs new partnership agreements during the contractual period, they will be automatically integrated into the solution provided to the Customer, at no extra cost, provided that this partner was negotiated on a no charge basis.

For the proper execution of the contract, the Customer must provide the KhojKare with Data via the KhojKare interface (or a dedicated stream) or via an Excel file complying with the standards defined by The KhojKare.

The Partner platforms can, at any time freely change their policy for providing notice. The KhojKare can therefore not engage in an obligation to achieve results with respect to the recovery of local notices. However, The KhojKare commits to do its utmost to centralize all reviews on the interface as frequently as possible.

The review monitoring product consists of several things.

2.3 Restrictions on Use Licensee represents and warrants to KhojKare, both during and after the term of this Agreement, the following provisions:

  • The Service is for the sole use within Licensee’s own organization and by Licensee’s own employees or agents. The Service may not be shared with affiliates or any third party, including joint marketing arrangements. The Service may not be used outside the territorial jurisdiction of India without the prior written consent of KhojKare
  • Licensee agrees both during and after the term of this Agreement that Licensee shall not: (i) disclose, use, disseminate, reproduce or publish any portion of the Service in any manner other than as stated in this Agreement, (ii) permit any parent, subsidiaries, affiliated entities or other third parties to use the Service or any portion thereof; (iii) use the Service as a sole indicator in providing its monitoring and fraud detection services and products nor process or permit to be processed the Service or any portion thereof, except in accordance with the provisions of this Agreement, with other data or software from any other source, (iv) allow access to the Service through any terminals located outside of Licensee’s operations, except in accordance with this Agreement, (v) use the Service to create, enhance or structure any database in any form for resale or distribution, except in accordance with the terms of this Agreement, or (vi) use the Service to create derivative products. Licensee shall be solely responsible for obtaining any and all necessary licenses, certificates, permits, approvals or other authorizations required by central, state or local statute, law or regulation applicable to Licensee’s use of the Service. KhojKare makes no representations or warranties about the legality or propriety of the use of the Service in any jurisdiction, state or region.
  • Licensee will abide by all prevailing central, state, and local laws and regulations governing data and rights to privacy, and (ii) submit the true and correct information.
  • Licensee will not use the Service for any purpose that: (i) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (ii) violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing unfair competition, anti-discrimination or false advertising), or (iii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

3. PAYMENT AND FEES

3.1 Fees In consideration of the rights granted Licensee hereunder, Licensee will pay KhojKare the Fees as more specifically described in e-orders.

3.2 Taxes Fees are exclusive of goods and services tax and other taxes, which are the responsibility of Licensee. KhojKare shall charge Licensee applicable GST; Licensee shall be responsible for filing all other taxes.

3.3 Billing; Payments; Late Fees At the end of each KhojKare billing cycle, KhojKare will invoice Licensee for all Fees incurred by Licensee during such billing cycle. KhojKare will impose a late charge of 2 percent per month compounded on any delinquent account until paid in full hereunder until all delinquent amounts owed have been paid in full. Licensee agrees to pay all attorney fees and collection costs incurred by KhojKare in collecting any delinquent account, whether or not litigation is instituted. In the event of any litigation or other action involving this Agreement, the prevailing party shall be entitled to reasonable attorney fees and court costs including at trial, on any appeal, and/or in a bankruptcy or similar proceeding, in addition to any other recovery to which it is entitled.

3.4 Compliance Audits KhojKare reserves the right, at its own expense, to select an independent auditor to audit Licensee for the purpose of ensuring Licensee’s compliance with the terms and conditions of this Agreement, after providing Licensee with reasonable notice thereof. If such audit indicates there has been a material breach in Licensee’s compliance of the Agreement.

The responsibility of the KhojKare is limited to the amount actually paid by the customer since the last renewal of the contract.

4. TERM; TERMINATION

4.1 Term. The initial term of this Agreement shall be for a period of one year, commencing on the Effective Date. The term shall automatically renew for additional successive twelve (12) month terms, unless terminated pursuant to Subsection 4.2 (Termination) of this Agreement.

4.2 Termination. KhojKare may terminate this Agreement without any cause, at its discretion by sending a written intimation to other party. Licensee may terminate this Agreement upon ninety (90) days prior written notice. Except for the termination provisions in Section 3.4 (Audits), if either party breaches any provision of this Agreement, the non-breaching party shall, upon providing written notice of such breach, be entitled to immediately terminate this Agreement, provided such breach is not cured within thirty (30) days following such notice. If this Agreement is terminated as a result of a breach, the non-breaching party shall, in addition to its right of termination, be entitled to pursue legal remedies against the breaching party. Notwithstanding the foregoing, if Licensee is in breach under Section 3 (Fees) of this Agreement, KhojKare may terminate this Agreement effective immediately after giving Licensee written notice of such default.

4.3 Payment Upon Expiration or Earlier Termination Upon the expiration or termination of this Agreement as set forth above in Subsections 4.1 (Term) and 4.2 (Termination), Licensee shall pay KhojKare in full for all services actually delivered and services actually performed by KhojKare under this Agreement prior to the effective date of such expiration or termination.

5. Disclaimer KHOJKARE DO NOT REPRESENT OR WARRANT THAT THE SERVICE IS VALID, COMPLETE, FREE FROM ERROR, WILL MEET LICENSEE’S NEEDS, OR THAT THE SERVICE WILL BE PROVIDED ON AN UNINTERRUPTED BASIS AND THE KHOJKARE EXPRESSLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES. THE KHOJKARE DO NOT ASSUME, AND EXPRESSLY DISCLAIM, ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS, DELAYS IN NOTIFICATION OR OMISSIONS IN THE SERVICE. WHETHER SUCH ERRORS, DELAYS IN NOTIFICATION OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT, OR OTHER CAUSE.

6. KHOJKARE’S LIMITATION OF LIABILITY

KHOJKARE SHALL HAVE NO LIABILITY UNDER OR RELATED TO THIS AGREEMENT, WITH THE EXCEPTION OF BREACH OF INTELLECTUAL PROPERTY, WHICH SHALL BE LIMITED AS FOLLOWS: KHOJKARE’ TOTAL LIABILITY AND LICENSEE’S EXCLUSIVE REMEDY UNDER BREACH OF INTELLECTUAL PROPERTY SHALL BE LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING THE GREATER OF (I) ONE THOUSAND RUPEES (INR 1000/-) OR (II) ALL FEES PAID BY LICENSEE TO KHOJKARE UNDER THIS AGREEMENT. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THE LIMIT. KHOJKARE SHALL HAVE NO LIABILITY UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT FOR ANY LOSS OF PROFIT OR REVENUE OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF KHOJKARE IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

7. LICENSEE’S INDEMNIFICATION

Licensee agrees to indemnify and hold KhojKare harmless from and against all claims of third parties arising out of or related to the use of the Service by the Licensee, or attributable to Licensee’s breach of this Agreement. KhojKare shall control the defense and any settlement of such claim, and shall cooperate with Licensee shall cooperate with KhojKare in defending against such claim.

8. LICENSEE’S ACCEPTANCE OF INFORMATION

Licensee acknowledges that KhojKare facilitates synchronization of Information is submitted by the licensee with partner platforms. KhojKare shall use good faith in attempting to obtain information and upload it against respective point of sale under partner platforms, in KhojKare’s sole judgment, but does not guarantee the accuracy of the information furnished. Licensee also acknowledges that for the consideration tendered hereunder KhojKare cannot be an insurer of the accuracy of the information and that the terms under which the Information is provided under this Agreement are based upon the parties’ expectation and agreement that the risk of any loss that may be incurred by use of the Information will be borne by Licensee and not KhojKare. Licensee agrees that the Information is secured by and through fallible human sources, that KhojKare does not undertake a separate investigation for each individual listed, and that KhojKare makes no representations regarding the any individual listed in the Information. Licensee therefore agrees that it is responsible for determining that the Information is acceptable and in accordance with KhojKare’s obligations under this Agreement. If Licensee reasonably determines that the Information does not meet KhojKare’s obligations under this Agreement, Licensee shall so notify KhojKare in writing within thirty (30) days after receipt of the Information. Licensee’s failure to so notify KhojKare shall mean that Licensee accepts the Information is true and correct, and KhojKare shall have no liability whatsoever for the Information

9. FORCE MAJEURE

In the case of force majeure, the obligations of both parties will be suspended. By express agreement, constituting a force majeure, disturbances of the telecommunications network as well as all attributable unavailability which is not caused by the KhojKare and is out of its control.

In the case that force majeure persists for longer than sixty (60) days, the present contract may be automatically terminated by one of the other of the parties.

10. JURISDICTION

The parties intend to give exclusive jurisdiction to the High Court of Madras and subordinate courts thereto for any dispute concerning the validity, interpretation, execution or breach of the present contract.

KHOJKARE ELEARN TERMS OF SERVICE

The following terms constitute a legally binding agreement (“Agreement”) between you and KhojKare.com  (KhojKare) governing use of KhojKare eLearn ( at https://elearn.KhojKare.com) and related mobile applications (together referred to as ‘Platform’) and any transactions performed in the platform. The expressions “You” “Your” or “Instructor(s)” refers to any person who accesses or uses the platform for any purpose and we,” “us,” “Company” or “our” refers to entity that you are contracting for the service i.e., KhojKare.com . These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.

By subscribing to or interacting with User(s) on or entering into negotiations in respect of need or performing any services or using the platform in any manner for any purpose, you undertake and agree that you have fully read, understood and accepted the agreement. If you do not agree to or do not wish to be bound by the agreement, you may not access or otherwise use the platform in any manner. This Agreement applies to any person who accesses or uses the Platform for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the platform, under actual or apparent authority. User(s) may use this platform solely for their commercial/business purposes.

1. Description of KhojKare eLearn

KhojKare eLearn is a cloud-based platform that facilitates online education through interaction and exchange of knowledge about a specific course content between Instructor and the Student/User. Technical facilities and tools with video, audio and document interface are offered by KhojKare to both users and Instructor for conducting live/ recorded classes/sessions or any communication that facilitates the same.

2. DEFINITION

  • “Content” means text, graphics, images, software, audio, video, information or other materials.
  • “Collective Content” means, collectively, KhojKare E-Learn Content and User Content.
  • “Lesson services” means, services provided by the Instructor as courses listed in KhojKare eLearn platform.
  • “Instructor” means person or entity imparting skills or educating the student and offering related services.
  • “KhojKare E-Learn Content” means Content that KhojKare E-Learn makes available through the platform, including any Content licensed from a third party, but excluding User Content.
  • “User” means a person who seeks and/or schedules Lesson Services for a student or for himself/ herself (e.g. a student, parent or guardian).
  • “User Content” means Content that an Instructor or User posts, uploads, publishes, submits or transmits to be made available through the Site or Services in connection with the Lesson Services or otherwise, including, but not limited to, Questions and related answers posted by Users and Instructors via the Services.

As an Instructor, your use of the Services is governed by the policies, terms and conditions herein.

3. Using the platform and Eligibility:

Instructor shall provide the following government approved Identity proof, address proof and bank account related details and such other documents as may be requested by KhojKare from time to time before providing services under the agreement. Inorder to use the platform:

  • You must be 18 (eighteen) years old, authorized to conduct business in India.
  • You have the authority to accept and agree to this terms of use. In case of an entity you must be an authorized representative with authority to bind that company or entity to these terms
  • You are not ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1972
  • We reserve the right to immediately terminate your account without any notice if we have reason to believe that your account is being used by any person who is not eligible, if the class is being conducted in a manner that does not meet standards, causes harm to the brand or platform or for any other reason.

4. RIGHTS & PERMISSIONS

Subject to these Terms of Use, we grant you a limited, non-exclusive, non-transferable, and revocable license to use KhojKare eLearn Platform (KhojKare eLearn). You agree that you will create, access, and/or use only your account, and you will not share with any third-party access to or access information for your account. At time of creation of account, you agree to provide accurate and complete information, and you agree to update your information to keep it accurate and complete.

Instructor shall not publicly share any data/content listed in e-learn platform which contains information about the students.

You are prohibited from using KhojKare E-Learn:

  • To infringe the rights of any person or entity
  • In, or in association with, any product marketing, promotional, or commercial activities, including, without limitation, in, or in association with, advertisements, product brochures, company-sponsored web sites, annual reports, or other non-educational publications or distributions.
  • In, or in connection with, the promotion of a commercial enterprise and/or its product(s) or service(s), and/or in any way that suggests that KhojKare endorses any specific company or product(s)
  • In any way which is contrary to the policies and principles of KhojKare and/or which might otherwise jeopardize the name or reputation of KhojKare.
  • To harass or “spam” others, or to distribute malware, spam or any other unwanted activity or content
  • In any manner which is, or could be considered to be, illegal, or promoting illegal activities
  • In any manner which is in violation of these Terms of Use.

You are further not permitted to do any of the following with or relating to KhojKare E Learn:

  • Sharing your password, let anyone access your account, or do anything that might put your account at risk
  • Attempting to access any other user’s account
  • Reproducing, transferring, selling, reselling, or otherwise misusing any content from KhojKare E-Learn
  • Accessing, tampering with, or using non-public areas of KhojKare E-Learn
  • Breaking or circumventing KhojKare’s authentication or security measures or otherwise testing the vulnerability of KhojKare E-Learn
  • Trying to reverse engineer any portion of KhojKare E-Learn
  • Trying to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing
  • Impersonating or misrepresenting your affiliation with any person or entity
  • Encouraging or help anyone do any of the above

KhojKare may screen or monitor content provided by users, and may remove or edit inappropriate content or activity reported to us or suspend, disable, or terminate a user’s access to all or part of KhojKare E-Learn.

5. ROLE OF KHOJKARE

KhojKare acts only acts as a facilitator between the Instructor and User. The transaction is always between the Instructor and the User. It is the sole responsibility of the Instructor to ensure they have all the requisite licenses; approvals and all other legal requirements are complied to undertake and perform services booked. KhojKare gives no warranty or assurance in regards to requisite licenses, approvals and other documents which the Instructor is supposed to obtain from appropriate authorities.

KhojKare shall not be responsible in any manner whatsoever for any claims with respect to the services including without limitation, claims pertaining to timeliness, safety, continuity, quality, lesson services, conduct of users , Instructors or other users of the site or services or any act or omission of Instructor causing any damage/ risk to the User and vice versa.

KhojKare disclaims and shall disclaim all representations and warranties to the user, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of any and all the services that is offered by Instructor and/ or that are used by the users as a part of the service offered through KhojKare eLearn platform.

Without prejudice to the above, KhojKare makes and shall make no representation or warranty to the user that the service of KhojKare will meet your requirements or the service provided by KhojKare will be uninterrupted, timely, secure, or error-free.

KhojKare shall not be responsible or liable for any loss or damage, how so ever caused or suffered by the Instructor arising out of the use of the service offered by KhojKare or due to the failure of KhojKare to provide services to the user for any reason whatsoever including but not limited to any users’ non-compliance with the services offered by KhojKare, which includes, but is not limited to any incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of KhojKare or any person or any organization involved in the above mentioned systems. KhojKare will not be liable to User or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of the information derived by User through usage of Website, in so far as such information is provided by the Instructor.

6. SECURITY & DATA

KhojKare shall use all commercially reasonable efforts to provide accurate and fit for purpose data security and systems security which includes system level access security measures and data-level access security measures. KhojKare shall use commercially reasonable efforts to ensure that all relevant data on its cloud server or other relevant computer systems hereunder are backed up on a regular basis.

In case of any attempt by any parties to infringe security systems, KhojKare will have the right to investigate and prosecute violations of any of the above to the fullest extent permitted by applicable law. KhojKare may involve and cooperate with law enforcement authorities or third parties in investigating and prosecuting users who violate these Instructor Terms of Service or any other policies applicable to use of the Services. KhojKare acts as a technology service that facilitates the provision of Lesson Services between Instructors and Users. You acknowledge that KhojKare has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Instructor Terms of Service or any other policies applicable to use of the Services, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. KhojKare reserves the right, at any time and without prior notice, to (i) remove content from the Service at any time for violations of these Instructor Terms of Service or other policies applicable to use of the Service; (ii) give an Instructor the opportunity to amend content it believes to be in violation of these Instructor Terms of Service or other policies applicable to use of the Service.; and (iii) take appropriate action against an Instructor. Nonetheless, you agree that, to the fullest extent permitted by applicable law, KhojKare is not responsible for any User Content or any Instructor’s failure to comply with these Instructor Terms of Service or other policies applicable to use of the Service. Without limiting the terms of the “Limitation of Liability” section below and to the fullest extent permitted by applicable law, KhojKare is not responsible for the use or exchange of any information, files or goods between Instructors and Users.

7. INSTRUCTOR TERMS OF USE:

To Use the Services, you must provide us with the following “Registration Data”, a valid and functional e-mail address (“Registered E-mail ID”); a valid and functional phone number registered in your name (“Registered Phone Number”); a password; valid Bank/Card details (for example, Bank Account No, IFSC Code, Bank Account No, Card No, Card Expiry details etc.) and any additional information that RBI Regulations may prescribe to be necessary to satisfy Know Your Customer norms (“KYC Norms”), or as we deem fit.

  • The Registration Data and any other information provided by you to us must be accurate, current and complete information about yourself or your company as prompted by our registration form, (including your email address) maintain and update your information (including your email address) to keep it accurate, current and complete. Any liability for false, fictitious, inaccurate, not current or incomplete Registration Data provided by you will be borne solely by you and not us.
  • The Instructor confirms that KhojKare does not own or in any way control contents uploaded in the platform for rendering the said service/s to the user. KhojKare shall not be held liable or responsible in any manner whatsoever for any insufficiency or deficiency of service rendered by the Instructor to the user.
  • The Instructor shall be liable to KhojKare for any loss caused to KhojKare due to the negligence of the Instructor and/or his/her appointed operators/ contractors and or any unlawful act or omission in the performance of the services. Without prejudice to the above, KhojKare shall not be liable for any direct or indirect loss or damage, which may be suffered by the Instructor as a result of any failure by negligence or fraudulent act committed by user.
  • The lesson services may be carried out by the Instructor either directly or through their employees/ representatives. However, the services provided through KhojKare technology platform shall be of the highest quality as per industry standards and in accordance and requirements of KhojKare. The Instructor shall be liable to KhojKare for any loss caused due to the negligence of the Instructor and/or his/her employees/ representatives in the performance of the services.
  • The Instructor shall indemnify KhojKare from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings, which KhojKare may incur or sustain directly or indirectly from any breach by Instructor of its obligations hereunder or any breach of any terms or by any reason, or in relation to the provision or proposed provision of the services by Instructor and the Instructor shall forthwith pay all such sums forthwith on demand by KhojKare in writing.
  • KhojKare shall be entitled to disclose to all companies within its group, or any of its authorized representative, any government body as may be required by law or by any official directive or request from such government body or any third party through a court process or other official agency, the particulars of an Instructor/ user related data in possession of KhojKare, in any way as KhojKare, in its absolute discretion, deems fit or if it considers it in its interests to do so.
  • The calls made by users, or on their behalf to KhojKare’ call centre, may be recorded by KhojKare or any other agency designated by KhojKare, for quality and training purposes.
  • KhojKare’s maximum liability to Instructor in any event, which includes any failure by KhojKare under this Agreement, shall be restricted and limited to a maximum amount of INR 1000 (Indian Rupees one thousand Only) in the aggregate during the term.

8. INSTRUCTOR RESPONSIBILITY

The Instructor shall ensure that the user pays the Service Fee (as displayed in the installed technology firmware, or that is otherwise agreed upon by KhojKare and the Instructor at the time of hire), additional charges, other charges (where applicable) and any fee or levy presently payable or herein after imposed by law or required to be paid for rendering the service. All Statutory levies, shall be payable by the Instructor.

  • Instructor shall ensure that all payments, both initial and all subsequent, made by students towards enrolment of the course and/or availing lesson services is made through KhojKare eLearn platform. Instructor shall, under no circumstances, collect payments directly from the student, bypassing the KhojKare eLearn payment gateway.
  • Instructor shall also ensure that all sessions will be conducted and all coaching and training will be given to eLearn students through the eLearn platform only and not outside of the platform.
  • The Instructor will have a functioning mobile number and also have the ability to read and send SMSs from KhojKare, regarding the user details, services rendered, amount paid by the user and to convey user feedback. Instructor shall maintain all documents pertaining to the personal details and whereabouts of all its authorized executives.
  • In case of live sessions, Instructor shall make himself available in the platform at least 5 minutes before the appointed time for rendering the service.
  • Instructor shall ensure that they any material submitted / uploaded does not infringe any third-party rights including intellectual property rights and meet acceptable standards of quality.
  • Instructor agrees to ensure that it shall not use any foul language or improper conduct while rendering lesson services in the platform. Instructor shall not discuss any fees (charged or outstanding) with any student/parent or another Instructor.
  • Instructor shall always be punctual and maintain professional conduct. Instructor shall communicate effectively with both students and parents, addressing any questions appropriately and professionally
  • Any payment related issues with a user will be dealt by KhojKare and Instructor (and not by the Instructor’s directly with user).
  • Instructor shall
    • Ensure proper behavior and decorum while rendering lesson services.
    • Not perform any act that is illegal, false, fraudulent or misleading.
    • Not engage in any activity that exploits, harms, or threatens to harm students.
    • Not share any unwanted or unsolicited email, postings, contact requests, SMS (text messages), or instant messages with either students or KhojKare personnel.
    • Not publically display or use the KhojKare eLearn platform to share any inappropriate content or material (e.g., pornography, graphic violence, racially discriminative statement etc.)
    • Not circumvent any restrictions on access to or availability of the Services.
    • Not engage in any activity that is harmful to yourself, the platform or others. ( e.g.: stalking, hate speech, spreading propaganda advocating violence against others)
    • Not engage in any activity that affects the privacy of others ( e.g.: sharing photos, contact numbers, email id, copyrighted material etc. without prior consent)
    • Not use Student information for marketing or advertising purposes
    • Not help any person/entity in breaching the terms of use of the platform.
  • KhojKare reserves the right in its sole discretion to initiate action against the Instructor including but not limited to immediate termination of services, withhold payments, and claim for damages and initiate civil / criminal proceedings against the Instructor for as per applicable law.
  • Audits may be carried out by KhojKare with/without prior notice to ensure the quality of services and Instructor shall facilitate such audit. Further, the Instructor accepts to address any constructive feedback offered to improve the quality of instruction.
  • Any complaint/s by users regarding the lesson services, the behavior of Instructor’s executive will be considered to be a breach of the Instructor’s obligations hereunder. If there are more than 2 (Two) complaints regarding any particular Instructor, then KhojKare may in its sole discretion require inter alia that such services/Instructor’s executive be withdrawn/changed from KhojKare’s availability.

9. WARRANTIES

Instructor expressly warrants that:

It has full power and authority to accept/execute and perform this Agreement, and the execution and performance of this Agreement shall not violate any law or agreement to which they are a party or by which it is otherwise bound.

  • Perform its obligations in a timely manner
  • Cooperate with KhojKare and users where necessary for the performance of such obligations
  • Devote such attention and skill as may be reasonably necessary for the proper and efficient performance of its obligations under the agreement.
  • Shall comply with all applicable laws and shall not infringe any intellectual property rights or third party rights
  • Free from defects and any improper / unlawful content
  • Fit and sufficient for the purposes intended

All warranties specified herein shall be in addition to any other warranties, express, statutory or implied.

10. COPYRIGHT

KhojKare may, from time to time, request Instructors to produce a wide variety of content e.g., stand-alone videos, courses, quizzes, etc. as part of from eLearn. This shall be used for:

Marketing purposes both on and off eLearn

  • Syndication purposes
  • Free consumption on eLearn
  • Pay per view or pay per download
  • View as part of a content subscription

Instructor agrees to give eLearn the rights for a period of ten years to use the content as listed above, free of cost and royalties. KhojKare eLearn reserves the right to organize such content with content produced by other Instructors to form courses and other material for students. In all cases, the Instructor will be identified as the author of such content. Instructor and eLearn agree to arrive at a mutually satisfactory revenue sharing agreement when students are paying for such recorded content.

11. DISCLAIMER

The site and services are provided “as is,” “where is,” “as available,” “with all faults” and, to the fullest extent permitted by law, without warranty of any kind. KhojKare and its licensors disclaim all warranties with respect to the site and services, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties regarding quiet enjoyment, quality of information, security, reliability, timeliness, availability of backed-up data and performance of the site and services. KhojKare does not warrant that the site or the services will meet your requirements, or that the operation of the site and services will be uninterrupted or error-free, or that defects in the site and services will be corrected, or that encryption algorithms, associated keys and other security measures will be secure or effective. KhojKare does not warrant that provision of lesson services will produce any level of profit or business for you or lead to economic benefit.

You acknowledge and agree that KhojKare does not operate or control the internet and that (i) viruses, worms, Trojan horses, and other undesirable data, or software, or (ii) unauthorized users (e.g., hackers) may attempt to obtain access to and damage your data, websites, computers, or networks. KhojKare shall not be responsible for such activities. You are solely responsible for the security and integrity of your data and systems. No advice or information, whether oral or written, obtained from KhojKare or through the site, services or collective content, will create any warranty not expressly made herein.

You are solely responsible for all of your communications and interactions with Instructors and other users of the site and services and with other persons with whom you communicate or interact as a result of your use of the site or services, including, without limitation, any interaction with Instructors or users via the services or otherwise. You understand that KhojKare makes no representations or warranties as to the conduct of Instructors, users or other users of the site or services or their compatibility with any current or future users or users of the site or services. You agree to take reasonable precautions in all communications and interactions with other users of the site and services and with other persons with whom you communicate or interact as a result of your use of the site or services.

12. CONTENT

Instructor shall be responsible for planning each lesson and ensuring you have obtained any relevant materials (worksheets, books, instruments, etc.) beforehand. Lessons each week must cover the topics highlighted in the syllabus provided for each Key Stage. All Instructors are encouraged to make the lessons as interactive as possible. This can be through the use of presentations, group work and general discussions focusing on certain aspects of the students’ work or task.

Both Instructor and User shall retain ownership of data submitted in the platform. User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to KhojKare eLearn by our users (Instructors and Students) is User Generated Content. KhojKare eLearn will have rights to the use of UGC content for marketing and syndication purposes. KhojKare eLearn does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content will be removed or disabled within a period of 14 days after investigation. Any content jointly produced by both KhojKare and the Instructor will be usable by either party subject to reasonable commercial terms agreed in writing.

Furthermore, KhojKare eLearn is not responsible for the content, quality or the level of service provided by the Instructor. We provide no warranty with respect to the classes/lessons, their delivery, any communications between Students and Instructor, and book materials shared in the classes.

13. LIMITATION OF LIABILITY

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, services and collective content remains with you. To the maximum extent permitted by law, neither KhojKare nor any other person or entity involved in creating, producing, or delivering the site, services or collective content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Instructor terms of service or from the use of or inability to use the site, services or collective content, or from any communications, interactions or meetings with Instructors, users or other users of the site or services or other persons with whom you communicate or interact as a result of your use of the site or services whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not KhojKare has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

To the maximum extent permitted by law, in no event will KhojKare’s aggregate liability arising out of or in connection with these Instructor terms of service or from the use of or inability to use the site, services or collective content exceed the Instructor payment amounts KhojKare has paid to you in connection with your provision of lesson services via the site and services or Rupees one thousand only (INR 1000) (whichever is greater). The limitations of damages set forth above are fundamental elements of the basis of the bargain between KhojKare and you.

The limitations set forth in this section will not limit or exclude KhojKare’s liability for KhojKare’s gross negligence, fraud or intentional, willful, malicious or reckless misconduct.

EXCEPT FOR CLAIMS OF GROSS NEGLIGENCE, INFRINGEMENT OF RIGHTS, WILLFUL MISCONDUCT OR FRAUD, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES. THE MAXIMUM AGGREGATE LIABLE OF KHOJKARE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES SHALL BE INR 1000/- (RUPEES ONE THOUSAND ONLY).

14. USE OF KHOJKARE’S NAME.

Instructor may not use KhojKare’s name and/or logo in any manner other than as identified in this clause without first obtaining written permission from KhojKare. Any other use of KhojKare’s name, including use of KhojKare’s logo or discussion of the work performed by Instructor for KhojKare, is not authorized.

15. CONFIDENTIALITY

Notwithstanding anything to the contrary in this service order, neither party may disclose confidential information of the other to a third party as may be required by law, statute, rule or regulation, including any subpoena or other similar form of process until the party to which the request is made provides the other Party with prompt written notice and allows the other party to seek a restraining order or other appropriate relief.

16. INDEMNIFICATION

To the fullest extent permitted by law, Instructor agrees to indemnify and hold harmless KhojKare, its officers, directors, employees and agents from and against all claims, suits, damages and losses, including reasonable attorneys’ fees and expenses, arising out of or in any way connected with your access to or use of the Site, Services or Collective Content, your provision of any Lesson Services, or your violation of these Instructor Terms of Service or any other policies applicable to use of the Services. The obligations set out herein shall survive the expiration or termination of this agreement.

Instructor agrees, if asked by KhojKare, to defend KhojKare against all claims, suits, actions, or proceedings involving intellectual property infringement in which KhojKare is named a defendant or co-defendant, including but not limited to, actual or alleged infringement of any domestic or foreign patent, trademark, copyright, or trade secret, resulting from its use of KhojKare eLearn platform. Instructor also agrees to pay for any costs of such defense, including legal fees; and further agrees to pay and discharge any judgments, awards or decrees which may be rendered in any such suit, action, or proceeding against KhojKare for such alleged infringement. If KhojKare is prevented from using services provided hereunder, KhojKare shall be entitled to appoint other third parties for providing the aforementioned services at Instructor cost.

After receipt by a party, its officers, directors, employees, agents or affiliates entitled to indemnification (“indemnified party”) of notice of the commencement of any action, if a claim in respect thereof is to be made against the other party (“indemnifying party”), the indemnified party shall promptly notify the indemnifying party in writing of the commencement thereof as soon as practicable after the summons or other first written notification giving information of the nature of the claim has been served upon the indemnified party; provided that the failure to so notify the indemnifying party will not relieve the indemnifying party from any liability under this section, except to the extent that the omission results in a failure of actual notice to the indemnifying party and such indemnifying party is damaged solely as a result of the failure to give such notice. The indemnifying party, upon the request of the indemnified party, shall retain counsel satisfactory to the indemnified party to represent the indemnified party in the proceeding, and shall pay the reasonable fees and disbursements of such counsel related to such proceeding. In any such proceeding, any indemnified party shall have the right to retain its own counsel, but the reasonable fees and expenses of such counsel shall be at the expense of such indemnified party unless (1) the indemnifying party and the indemnified party shall have mutually agreed to the retention of such counsel or (2) the named parties to any such proceeding (including any impleaded parties) include both the indemnifying party and the indemnified party and representation of both parties by the same counsel would be inappropriate due to actual or potential differing interests between them. The indemnifying party shall not be liable for any settlement of any proceeding effected without its written consent but if settled with such consent or if there be a final judgment for the plaintiff, the indemnifying party agrees to indemnify the indemnified party from and against any loss or liability by reason of such settlement or judgment.

17. NOTICE

All notices and other communications hereunder shall be in writing, delivered to the office address of parties as provided at the time of registration, and shall be deemed to have been duly given:

if sent via or electronic mail, then upon the date and time of actual receipt

  • if sent via registered post, return receipt requested, postage prepaid, then upon the date and time return receipt delivery is attempted by the Indian Postal Service
  • if delivered by courier for hand-delivery, then upon the date and time of actual delivery

Notices to KhojKare: The Grievance Officer,
Chakrahmat Bhigo Darbhanga
Bihar Pin – 846004(India)
Email:info@KhojKare.com

18. NON DISPARAGEMENT

Instructor agrees that, while using the platform or at any time thereafter, you shall not make any public statement that is materially disparaging of the business of the Company or its affiliates, or to the business reputation of any of the executive officers of the Company or its affiliates or any of the employees of Company or its affiliates who are known to you to be employees of Company or its affiliates at the time of any such public statement. Instructor and User agrees not to criticize, disparage or otherwise demean in any way the other or Company’s affiliates or their respective products, services, technologies, officers, directors or employees. Your obligations under this Section shall not apply to disclosures required by applicable law, regulation, or order of a court or governmental agency.

19. INTEGRITY

Instructor agrees to adhere to the highest standards of ethical competence and integrity in the performance of this agreement, having due regard for the nature and purposes of KhojKare as an international organization, and to ensure that employees assigned to perform any Contract Work will conduct themselves in a manner consistent therewith.

  • Instructor represents and warrants that it is in compliance with and shall continue to comply with, all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities of any jurisdiction in which work shall be performed under this agreement.
  • Instructor and Instructor’s employees, Subcontractors and Subcontractor’s employees shall, during the term of the agreement, strictly avoid any activities that may create real or apparent conflicts of interest with their duties to KhojKare under this agreement.
  • Instructor warrants that no official of KhojKare Group has received or will be offered by Instructor any direct or indirect gifts, favors or benefit arising from this agreement or the award thereof.
  • Instructors agree to be on the eLearn platform for a period of at least two years, offering a minimum of 14 hours per week of training, except in case of health or any other special circumstances. In case of breach of this term KhojKare at its discretion shall be entitled to claim the business loss and other loss from the Tutor.
  • Instructor agrees that, within 30 days of having reasonable grounds to believe that Instructor, Instructor’s employees, Subcontractors or Subcontractors’ employees have:
    • Violated any applicable laws, ordinances, rules,regulations, and lawful orders of public authorities in performing this agreement
    • Violated terms of this agreement
    • Engaged in conduct that would lead to suspension, debarment or a finding of ineligibility
    • Used funds paid by KhojKare to Instructor for finance unlawful activity
    • An actual, potential or apparent conflict of interest, Instructor will disclose in writing, by providing written notice to KhojKare’s legal department (legal@KhojKare.net), of such violations, conduct, prohibited use of funds, or conflicts of interest.
  • Instructor agrees that a breach of this provision is a material breach of an essential term of this agreement.


20. COMMERCIALS

The Instructor shall be able to login to his / her dashboard using the mobile number as provided in KhojKare technology platform by paying a subscription fee.

  • Under the engagement, the User is required to pay the total booking amount at the time of making the booking inorder to enroll for the classes conducted by to the Instructor.
  • Instructor agrees to comply with the “satisfaction guarantee” clause offered by eLearn to the students wherein 100% of the money paid by the student is refunded within 7 days after payment and pro-rata amount is refunded subsequent to the first 7 days. Instructor agrees to return the unused pro-rata amount to be refunded to the student if requested by the student.
  • Payments due to the Instructor will be made once a week to the bank account of the Instructor as provided at the time of registration. The amount would be credited within 10 business days from the date of receipt of the student after the period of “satisfaction guarantee” is completed.
  • Instructor shall set the pricing for each courses listed by him/her/them in the platform. Any applicable service fees (including any applicable Taxes) will be displayed to a user prior to booking a class. KhojKare reserves the right to change the service fees at any time.
  • KhojKare reserves the right to change the rates & payment terms hereinabove at any given point in time with seven days notice. KhojKare shall notify such change in the rates & payment terms to the Instructor from time to time through its technology platform.
  • KhojKare shall deduct T.D.S and other taxes, as applicable, from the amount paid to the Instructor for the above purpose.
  • The Instructors availing promotional services of KhojKare will be charged for any marketing activity performed by KhojKare, according to the campaign for discounted pricing/offers and Instructor will be paid on actuals after adjustments (+/-).
  • Each Instructor collecting payment for services provided via the platform hereby appoints KhojKare as the Instructor’s payment collection agent solely for the limited purpose of accepting funds from users purchasing such services.
  • Each Instructor agrees that payment made by a User through KhojKare’s Platform, shall be considered the same as a payment made directly to the Instructor, and the Instructor will provide the purchased services to the User in the agreed-upon manner as if the Instructor has received the payment directly from the User. Each Instructor understands that KhojKare’ obligation to pay the Instructor is subject to and conditional upon successful receipt of the associated payments from Users. KhojKare guarantees payments to Instructors only for such amounts that have been successfully received by KhojKare from Users in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Instructor, KhojKare assumes no liability for any acts or omissions of the Instructor.
  • Each User acknowledges and agrees that, notwithstanding the fact that KhojKare is not a party to the agreement between you and the Instructor, KhojKare acts as the Instructor’s payment collection agent for the limited purpose of accepting payments from User on behalf of the Instructor. Upon User’s payment of the funds to KhojKare, Users payment obligation to the Instructor for the agreed upon amount is extinguished, and KhojKare is responsible for remitting the funds to the Instructor in the manner described in these Terms, which constitute KhojKare’ agreement with the Instructor. In the event that KhojKare does not remit any such amounts, the Instructor will have recourse only against KhojKare and not the User directly.




21. SETTLEMENT

Instructor agrees and accepts that KhojKare shall be required to process settlement of the amounts collected from the user towards service to its registered bank account on a weekly basis after deduction of applicable charges and in proportion to classes conducted in the week. Instructor agrees and accepts that the settlements processed by KhojKare shall be credited to it registered bank account within 10 (ten) bank working days.

22. ASSIGNMENT

Instructor shall not assign this agreement or any monies due or to become due to it hereunder, without the prior written consent by KhojKare. KhojKare may, at its sole option and without the consent of Instructor, assign this agreement and any Contract Work acquired hereunder to any member of KhojKare Group.

23. DISPUTES

Any dispute or difference arising out of, or in connection with, this agreement or the breach thereof which cannot be amicably settled between the Parties (including through alternative dispute resolution procedures as may be agreed to by the Parties) shall be arbitrated in accordance with the Indian Arbitration and Conciliation Act, 1996 or any statutory enactment or re-enactment in force. The seat of the arbitration shall be Chennai, Tamil Nadu, India. A Sole arbitrator appointed by KhojKare shall conduct the arbitration proceedings, whose reward shall be final. The language of the arbitration shall be English. Outside India, the Parties agree to go through Alternative Dispute Resolution (ADR) procedures, arbitrated in accordance with the UNCITRAL Arbitration Rules as at present in force.

Any resulting arbitral decision shall be final and binding on both parties. Judgment upon any arbitration award may be entered in any court having jurisdiction thereof. Such judgment shall be in lieu of any other remedy. Pending final resolution of any claim, dispute or action arising under or related to this agreement, Instructor shall, if requested by KhojKare, proceed diligently with the performance of this agreement.

In case of any dispute, loss, claims or suits between Instructor and user for any transactions emanating out of KhojKare’s technological platform, both parties agree that KhojKare shall not be held liable. The Instructor shall indemnify KhojKare and hold KhojKare harmless from any/all third party claims arising out of or in relation to the engagement.

Both parties agree that any /all disputes arising out of this engagement shall fall under exclusive jurisdiction of courts of Chennai and subordinate courts thereto.

24. TERMINATION FOR CONVENIENCE

KhojKare may terminate the agreement in whole or in part at any time if KhojKare determines, in its sole and absolute discretion that a termination is in its best interests. Instructor shall not be allowed, and expressly waives, payment for profit on deliverables which was not performed as of the effective termination date.

25. TERMINATION FOR DEFAULT

If Instructor fails to deliver the services required by this agreement within the time period(s) specified or in the manner required by this agreement, and or if the services do not conform, in all respects, to the requirements of this agreement, or Instructor becomes insolvent or unable to meet its payment obligations when due, or breaches any representations or warranties made under this agreement, KhojKare shall have the right, in its sole discretion, to terminate the agreement for default and KhojKare shall have the right to do so without giving Instructor an opportunity to cure.

26. FORCE MAJEURE

The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of or default under, this agreement insofar as such liability arises from an event of Force Majeure, provided that the Party affected by such an event takes all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this agreement. For purposes of this clause, the term “Force Majeure” means an event which is beyond the reasonable control of a Party, and which makes a Party’s performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood, epidemic/ pandemic or other adverse weather conditions, strikes, lockouts, or other industrial action (except where such strikes, lockouts or other industrial actions are within the power of the Party invoking Force Majeure to prevent), confiscation, lockdown or any other action by government or any other authorities, Telephony lines down, internet blackout or any other external circumstances beyond reasonable control of both parties.

If KhojKare is excused and/ or is unable to perform its obligations due to a Force Majeure Event where a major function of the platform is non-operational for a continuous period in excess of fifteen (15) days, then KhojKare may terminate this Agreement immediately by submitting written notice without penalty or liability. Termination under this Section shall not represent a Breach by either party.

Force Majeure shall not be deemed to include: (a) any event which is caused by the negligence or intentional action of a Party or such Party’s consultants, agents or employees; (b) any event which a diligent Party could reasonably have been expected to both: (i) take into account at the time this agreement was entered into; and (ii) avoid or overcome in the carrying out of its obligations hereunder; or (c) the inability to make any payment required under this agreement.

27. FLOW-DOWN OBLIGATIONS

Instructor agrees that the obligations of Instructor under this agreement, as applicable, shall be specifically incorporated into all Subcontracts or agreement by Instructor with any contractor, Instructor, supplier, consultant, or other entity or person to perform the services.

28. SEVERABILITY

Any provision of this agreement prohibited by the laws of any jurisdiction shall be, as to such jurisdiction, ineffective to the extent of such prohibition, without invalidating the remaining provisions of this agreement. No waiver or failure to exercise any option, right or privilege under the terms of this Agreement by either of the parties hereto on any occasion or occasions shall be construed to be a waiver of the same on any other occasion or of any other option, right or privilege.

29. INDEPENDENT CONTRACTOR

Instructor shall at all times during the term of this Agreement, be acting and performing hereunder as an independent contractor. Instructor shall perform all services required hereunder in good faith and to the best of its abilities, relying on its experience, knowledge, judgment, and techniques. In return for the substantial investment KhojKare eLearn is making in creating and promoting Instructor profile and courses and in setting up the Instructor to teach through the platform and receive payments, Instructor agrees to teach exclusively on KhojKare eLearn for a period of 24 months from the date of registration and undertakes to not provide any tutor/education services through any other competing platform except with the prior written permission of KhojKare eLearn.

Instructor acknowledges that a violation of above clause would cause immediate and irreparable harm to the Company for which money damages would be inadequate. Therefore, the Company will be entitled to injunctive relief for Instructor’s breach of any of its obligations under the above article without proof of actual damages. Such remedy shall not be deemed to be the exclusive remedy for such violation, but shall be in addition to all other remedies available at law or in equity.

30. RIGHT TO MODIFY

KhojKare reserves the right to issue written changes to this agreement. No modification of this agreement shall be valid unless in writing and signed by an authorized representative of KhojKare. Instructor shall not change any aspect of this agreement without KhojKare’s prior written consent.