TERMS AND CONDITIONS FOR CLIENTS
Last Updated: 1st August,2016
These Terms & Conditions (the “Terms”), specifically for all individual and businesses (the “clients”) who are using the Get Me Experts (“GME”) services. With the use of the GME’s platform, the Clients are in a position to search and locate individuals(“Experts”) based on professional competencies and industry experience, language, skills, geographical locations, past performance on various projects and other related competencies. These Terms are in addition to the other generic GME Terms& Conditions listed on the website which are common to all the users of the GME. By registering on the GME, you are certifying that you have read, understood and agree to be bound by these Terms. Any violation of these Terms may result in the Client’s project requirementsbeing declined for publication on the GME or his/her account being permanently blocked.
Overview
GME is a technology platform to find, connect and engage with some of the world’s finest independent professionals quickly and easily offering support, advise and analysis to the Clients. We provide a world class web platform which is easy to navigate and encourages transparent and open dealings. GME gives supreme importance to keeping your information/data/ transactions confidential. We ensure that you have access only to the credible and verified Experts by conducting reference checks and background checks. Additionally, you pay the Expert only after timely and service level delivery.
Client Representations and Conditions
By registering as a Client, you acknowledge and agree to, and represent and covenant the following:
1. You must provide accurate and complete details about yourself or the organization and the project requirements. Incomplete information may result in poor quality projects and hence may get declined. Any act of misinformation or hiding material information would result in your account being permanently blocked.
2. Any dispute or legal claim arising out of unauthorized job posting would be solely your liability and you will have to indemnify the GME of any and all possible consequences of such actions. Neither your use of the GME nor anything in these Terms create an employment, partnership, joint venture, agency, franchise, or sales representative relationship between you and the GME.
3. The GME does not allow third party project posting. Individuals and businesses can only post their project requirements. Recruiting agencies or any third party agencies are not authorized to post project requirements on their clients’ behalf. Any such postings will be declined and the account may be permanently blocked on the GME.
4. It is your responsibility to ensure that there is no material difference between the project requirements posted on the GME and the details that are communicated to the Experts later in the selection process (pre-interview, in offer letter etc.). Any ‘negative’ material difference (such as offered compensation being lower than what was advertised) may result in your account being permanently blocked on the GME.
5. You can use the Expert’s data that you receive for your projectsolely for the purpose of Expert hiring. Any attempt to send any other communication (promotional content for example) to the applicants or any other usage of the data is strictly prohibited.
6. You are strictly prohibited from transferring/selling/sharing Expert’s data, for free or for a fee, to any other entity. Any such attempt would result in your account on the GME being permanently blocked and would be liable for legal action against you and your organization. We take our users’ data privacy and protection very seriously and have zero tolerance policy towards it.
7. You must respond to any project concerns of the Expert that we may bring to your notice within 72 working hours. Failure to do so may result in temporary suspension of your project posting till we receive a response from you.
8. If you come across any suspicious activity, content or behaviour on the GME by an Expert or any other user, you must report it to the GME immediately so that necessary actions can be taken.
9. While we put our best efforts to reach out to the best skilled professionals available in the world, posting your project requirement on the GME does not guarantee hiring of an Expert.
GME’s Role
The GME is not a party to the dealings between any Client and the Expert, including but not limited to introducing Client to Experts, posting project requirement, screening or selecting Experts, contracting with Experts. The GME makes the platform available to enable Experts to identify and determine the suitability of Clients for themselves and to enable Clients to identify and determine the suitability of Experts for themselves. The GME makes no representations about, and does not guarantee the quality, safety, or legality of, the Expert Services; the truth or accuracy of any Expert’s listings on the GME; the qualifications, background, or identities of Users; the ability of Experts to deliver the Expert Services. The GME will not have any liability or obligations related to the Service Contracts entered between the Client and the Expert.YOUR USE OF THE SERVICES AND THE GME IS AT YOUR SOLE RISK.ALL CONTENT AND FUNCTIONALITY ON THE GME IS PROVIDED “AS IS,” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE GME OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS THE GME. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE GME, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE GME.
Payment Terms
The Client and an Expert are obligated to use the GME online invoicing platform, to pay and receive payment for their work together if they identified each other through the GME. When a Client pays an Expert, as required by the applicable payment instructions, it will get credited in the account of GME who will hold the payment and then pay out the amount to the Expert at the end of the month, less a percentage of commission fee ( based on Subscription plan) that the GME earns (the “Service Fee”) for creating, hosting, maintaining, and providing the GME Services. All the Clients are solely responsible for all the tax returns filings and payments required to be made to any federal, state, or local tax authority in any nation with respect to the Expert’s performance, and Client’s acceptance, of Expert services.If Client fails to pay the Expert Fees or any other amounts due under the service contract, whether by cancelling Client’s credit or debit card, initiating an improper chargeback, or any other means, the GME may suspend or close the Client’s profile and revoke Client’s access to the GME, including Client’s authority to use the GME to process any additional payments or obtain any additional Expert Services. In no circumstance is the GME responsible for the payment due to the Expert, if the GME has not been paid in full by the Client.
Feedback: Review and Rating
For the benefit of other Users of the platform, the GME encourages you to leave reliable feedback in the form of reviews and ratings, about Experts with whom you have transacted. You acknowledge and agree that the GME will make the feedback available to the public based on these individual ratings. The GME does not investigate any feedback posted by you, for accuracy or reliability but may do so if a User requests that the GME do so. You may be held legally responsible for damages suffered by other Users or third parties as a result of your remarks if such remarks are legally actionable or defamatory. The GME is not legally responsible for any feedback posted on the platform by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, the GME reserves the right (but is under no obligation) to remove posted feedback or information negatively affects the GME operations.
Intellectual Property Rights
GME claims no ownership or control over any content including any text, data, information, and files that you submit, share, display on or through GME services. Additionally, by displaying the content on the GME you represent that you own all the intellectual property rights to the content or you have obtained any necessary permissions or licenses to such content in order for such content to be transferred and/or licensed in accordance with these Terms. By submitting, posting or displaying content on or through the GME services which are intended for the public, you grant GME a worldwide, non-exclusive, royalty free license to reproduce, adapt, modify, publish and distribute such content on the GME for the purpose of distributing, displaying and promoting GME services.
If a Client selects an Expert for a Project, content the Expert creates in connection with that Project (“Project Content”) is solely owned by the Client (e.g., as a “work for hire”) and may be used by such Client for any purpose permitted under that Client’s agreement with the GME, which may include reproduction, disclosure, transmission, publication, broadcast, and posting, unless otherwise agreed in writing by the GME and the Client, and the Expert hereby assigns to the Client all right, title and interest in and to the Project Content.
Limitation of Liability
GME is not liable, and you agree not to hold it responsible, for any damages or losses arising out of or in connection with your use of the GME. In no event, shall the GME be liable to you or any other party for any damages resulting from or relating to your participation as a Client, or the business operations of the GME, including without limitation for any incidental, consequential, punitive, or special damages and even if the GME was informed of the possibility of such damages.
Dispute Resolution
This Agreement is governed by the Laws of India without regard to any conflicts of law provisions. Any dispute, controversy or claim arising or relating to these Terms shall be exclusively and finally determined under the rules of “The Arbitration & Conciliation (Amendment) Act 2015” in effect from time to time. The venue for all arbitrations shall be India, unless otherwise agreed by the parties in writing. The language to be used in the arbitral proceeding will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Each party is responsible for its own legal fees, and the arbitrator may not include the payment of attorneys’ fees or expenses as a part of any award. You and GME are agreeing to give up any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim.
Severability
The invalidity or unenforceability of any provision of these Terms shall not for those reasons alone affect the validity or enforceability of any other provision of these Terms.
Survival
The provisions of sections of these Terms entitled Intellectual Property Rights, Limitation of Liability (and any other provisions that, by their nature, should survive) shall survive any termination or expiration of these Terms.
Termination
Subject to your obligation of payment for completed projects for which you engaged an Expert, you have the right to withdraw from the GME as a Client at any time upon sixty days notice to the GME. GME may suspend, limit, or cancel your access to the platform at any time for any reason without notice, including because: (i) we believe you have violated these Terms; (ii) we believe you have violated our rights or the rights of any third party; (iii) we are unable to verify or authenticate information you have provided to us; or (iv) we believe your actions may create liabilities for you, us or a third party.
By registering as a Client on the GME, you agree and accept the Terms and also declare that you will abide by all the obligations and responsibilities towards GME and the Expert as set forth in these Terms.
