TERMS OF USE FOR CLIENTS

 

  1. Agreement:

Please read these terms of use (“Terms”), a legal agreement between Benchkart Services Pvt. Ltd., a Company having its principal place of business at, DW-254, Nirvana Country South City-II, Gurgaon Haryana 122018, India (hereinafter "Company" or “we” or similar) of the first part AND the Client (defined below) of the second part (hereinafter collectively referred to as “you”, “yours” or “Client”).

 

The Terms shall govern use of and access to <www.benchkart.com> (the “Website”) and the Benchkart technology platform accessible through desktops, mobile phones, smart phones and tablets (the “Application”) which offers a B2B marketplace connecting “Client(s)” (defined below) with Partners for outsourcing “Services” (defined below) as may be introduced by the Company from time to time. The Company is the owner of the Website and Application offered to the Client(s).  The Website and the Application and all promotional, marketing and other activities associated therewith shall collectively be referred to as “Platform”/ “Benchkart Platform”.

 

Please carefully go through these Terms and the privacy policy available at <https://www.benchkart.com > (“Privacy Policy”) before you decide to access or use the Benchkart Platform made available by the Company. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Company in connection with your access and use of the Benchkart Platform.

 

By clicking "sign up" or the 'I accept' tab at the time of registration, or by entering into an agreement with the Company to offer Services as set out in these Terms, or through the continued use or accessing the Benchkart Platform, You agree to be subject to these Terms.

We request You to please read these Terms carefully and do not click “Create an account”, “sign up” or “I accept” or continue the use of the Benchkart Platform unless You agree fully with these Terms.

  1. Definitions:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  1. Registration as a Client:

 

 

 

  1. The Project, Bid and Project Agreement

 

 

 

 

 

 

  1. Registration Fees, Project Fees, Commission, Cancellation and Refund:

 

 

 

In a case where, due to factors such as the value and complexity of work, the Client does not agree to transfer the Project Fees to the Company’s Nodal Account, then the  Client will directly pay the Partner and inform Company. In such cases, the Clients agrees to keep the Company informed about the payment/non-payment of the Project Fees and also respond to any queries raised from the Company regarding the same.

 

 

If the Partner requests for cancellation, then the money is refunded to Client. without any deductions and the Company shall also attempt to provide the Client with a replacement Partner. The Company may take actions if they believe that the Partner is cancelling too many Projects or if there is not enough justification for cancelling the Project(s).

 

In the event the Client is not satisfied with the Service offered by the Partner as the same was unsatisfactory, deficient, incomplete or the Project was delayed due to the Partner’s negligence then the Company has the discretion to cancel the Partners account and/or refund the Consideration amount to the Client and levy a penalty upon the Partner for loss of business which shall not be less than the Commission that the Company would have secured on successful completion of the Project.

 

 

  1. Obligations of the Client

 

 

 

 

 

 

 

 

 

 

  1. The role of the Company:

 

 

 

 

 

 

  1. Grant of Rights:

 

 

 

 

 

 

 

 

 

 

 

 

 

  1. Use of the Website and/or Application:

 

 

 

 

 

 

 

 

 

 

 

 

  1. Confidential Information of Company and Partners:

 

 

 

 

 

  1. Disclaimer and Exclusion of Warranties:

 

 

 

 

 

 

 

 

 

 

  1. Limitation of Liability:

 

NOTWITHSTANDING THE ABOVE, IN THE EVENT COMPANY SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND COMPANY AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED 5% OF THE VALUE OF ANY PROJECT FEES RECEIVED BY COMPANY FROM YOU IN THE PRECEDING TWELVE MONTHS IN CONNECTION WITH USE OF THE WEBSITE AND APLICATION OR INR 500 WHICH EVER IS LOWER. YOU AND COMPANY AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND COMPANY. YOU ACKNOWLEDGE THAT WITHOUT YOUR ASSENT TO THIS SECTION, COMPANY WOULD NOT PROVIDE ACCESS TO THE WEBSITE, APPLICATION AND SERVICES, TO YOU. 

 

  1. Indemnification:

 

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE WEBSITE; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY OR INFRINGED ANY THIRD PARTY INTELLECTUAL PROPERTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF USE AND YOUR USE OF THE WEBSITE AND/OR APPLICATION.

 

IF YOU HAVE A DISPUTE WITH ONE OR MORE CLIENTS OR PARTNERS, YOU FOREVER RELEASE THE COMPANY (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES,  SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR APPLICATION AND/OR ANY SUBMITTED CLIENT INFORMATION.

 

  1. Termination /Modification/Suspension:

 

 

 

 

 

 

 

  1. Governing Law and Jurisdiction:

 

The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India and the courts at Haryana, subject to clause 16 below, shall have jurisdiction.

 

  1. Arbitration:

 

 

 

  1. Disputes between Clients and Partners:

 

 

 

 

 

 

  1. Copyright Infringement Take Down Procedure

       

The Company has high regard for intellectual property and expects the same level of standard to be employed by its users. Company may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website and/or application to Clients who infringe upon the intellectual property rights of others. If you believe that your work has been copied and posted on the Website and/or Application in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at …………….. (Email ID)

 

 

Only the intellectual property rights owner is permitted to report potentially infringing items through Company's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

 

  1. Grievance officer:

       

             In accordance with Information Technology Act 2008 and rules made there under, the name and contact details of the Grievance Officer is as follows:

                Name: Anurag Rawat, DW-254, Nirvana Country, Sector-50, Gurgaon 122018, Haryana

   Email Id: anurag.rawat@benchkart.com

 

  1. Miscellaneous Provisions:

 

 

 

 

 

 

 

 

These Terms were last updated on: April 10th, 2020

© 2020 Benchkart Pvt. Ltd. All Rights Reserved.