Terms of Service

This document is an electronic record in terms of the Indian Contract Act 1872; the InformationTechnology Act 2000, the rules made thereunder; and the amended provisions pertaining to theelectronicrecords in various other statutes as amended by the Information Technology Act, 2000.This electronic record is generated by a computer system and does not require any physical ordigitalsignatures.This website www.unigigs.com is a property of and operated by 01Collab Softech Private Limited,aprivate limited company registered under the Companies Act, 2013 and having its registeredoffice at209/5, 2nd Floor, Plot No 5, DDA Comm, District Centre Janak Puri, New Delhi – 110058, India(the “Company” or “UniGigs”). By accessing any version of the platform/ website www.unigigs.com (referred to as“Website” or“Platform”) or by using any facilities or services made available through it or by transactingthroughor on it, you acknowledge that you have read, understood and agree to be bound by these TermsandConditions (“Terms & Conditions” or “Terms”) and our Privacy Policy (“Privacy Policy”). Yourcontinueduse of the Website shall be constituted as your acceptance to the Terms & Conditions. For thepurpose ofthese Terms & Conditions, “we” “our” or “us” shall mean the 01Collab Softech Private Limited and/ orthird-party service providers engaged by 01Collab Softech Private Limited and “you” “your” or“user”shall mean a user of this Website.

Please read these terms & Conditions carefully before accessing or using our website. By accessing orusing any part of the website, you agree to be bound by these terms & Amp; Conditions. If you do notagree toall the terms and conditions set out herein, then you May not access the website or use anyservices.

  1. Definitions
    • “Confidential Information” shall mean any and all materials,products, draft andinformation, in whatever form or medium, and whether proprietary or non-proprietary,relating to any user(s), its affiliates, holding company and subsidiaries,furnished orcaused to be furnished by the user to another user and/or it’s representativesin connectionwith the business, including without limitation: (a) any non-public informationand data;and (b) any technical, commercial, operational, financial, accounting, legal andadministrative information, and any notes, analyses, compilations, studies,forecasts,interpretations, memoranda, summaries and other materials which contain, reflector arebased upon, in whole or in part, any of such information; regardless of whethersuchinformation is communicated physically, orally, in writing, pictorially, byelectronictransmission or otherwise.
    • “Customer” shall mean those user(s) who seek to avail servicesof Gigster(s) in relation toany Gig via the Website and have registered on our Website by creating anAccount.
    • “Gigster” shall mean any user(s) who has created an Account onthe Website as a gigster andseeks to render Services to Customers and/or undertake Gig listed by theCustomer on theWebsite.
    • “GST” shall mean the goods and services tax.
    • “Service(s)” means services provided through the Website, asdescribed in further detailunder clause 4 (Service(s) provided on the Website) below. The Services providedthrough theWebsite may change from time to time, at the sole discretion of the Company.
    • “TDS” shall mean the tax deductible at source in accordance withthe provisions of theIncome Tax Act, 1961 or any other applicable regulation.
    • “user” or “you” or “your” shall mean any person or entity who isa visitor on the Websiteand/or shall avail Services on the Website or his/her representatives oraffiliates who areregistered on the Website.
  2. Modifications / Updates to terms & Conditions
    1. We reserve the right to update or modify these Terms & Conditions including but not limited to suspend/cancel or discontinue any or all Service(s) at any time without notice, make modifications and alterations in any or all of the content, products, andservices containedon the Website without prior notice.
    2. You are responsible for regularly reviewing these Terms & Conditions so that you will be apprised of any changes. You will be deemed to have accepted such changes if you continue to access the Website subsequent to such changes.
    3. Your access and use of the Website following any such change constitutes your agreement to follow and be bound by these Terms & Conditions, as updated or modified. Forthis reason, we encourage you to review these Terms & Conditions each time you access and use the Website. Last update date: [April] [30], 2021.
  3. Eligibility
    1. You represent and warrant that you are competent and eligible to enter into alegally binding agreement and be bound by these Terms & Conditions. You shall not access and use the Website if you are not competent to contract under the applicable laws, rules and regulations.
    2. Registration of user on the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetentto contract” within the meaning of the Indian Contract Act, 1872 including minors, un-dischargedinsolvents, or person with unsound mind etc. are not eligible to use the Website. By accessing this Website, it is deemed that the user has read and understood and accepted these Terms.
    3. If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the Website and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity and further, if you have fulfilled such additional eligibility requirements as may require in connectiontherewith.
    4. Registration on this Website as a Gigster is available only to users who are students. A user wishing to register as a Gigster confirms that he/she is a student ineither school orcollege.
  4. Service (s) provided on the website
    1. If you are a Gigster:
      We provide a platform that allows you to (a) list and render services to theCustomers(“Gigster Services”), (b) sell your products to Customers (“Gigster Product”),and/or(c) organise event for the Customers (“Gigster Event”) (the Gigster Services,theGigster Product and the Gigster Event shall be individually and collectively tobereferred as “Gig”).
    2. If you are a Customer:
      We provide a platform that assist you in (a) avail the Gigster Service(s), (b)purchasethe Gigster Product(s), and/or (c) attend the Gigster Event(s). We connect youwithGigsters who have the expertise, knowledge and qualifications to perform theservicesrequired by you.
  5. Your Account & Registation
    1. Any user wishing to avail our Services shall mandatorily register on the Website.Forregistration on the Website, the user must be at least eighteen (18) years ofage and shallnot be in-eligible as per the eligibility criteria laid down in Clause 3hereinabove. Byusing our Services, you represent and warrant that you are eighteen (18) yearsor older.Anyone below 18 years of age us assumed to be minor and required parentalconsent to use theWebsite.
    2. In order to use the Website and/or access any of our Services, you have to createan accounton our Website (“Account”), you shall provide true and accurate informationwhile creatingyour Account. The information collected while creating your Account will begoverned by ourPrivacy Policy. You are responsible for maintaining the confidentiality of thepasscode andyour Account and are fully responsible for all activities that occur under yourpasscode orAccount. You agree to: (a) immediately notify us of any unauthorized use of yourpasscode orAccount or any other breach of security; (b) ensure that you exit from yourAccount at theend of each session; and (c) not use the Account or log in with the username andpassword ofanother user of the Website if (i) you are not authorized to use both or (ii)the use wouldviolate the Terms. We cannot and will not be liable for any loss or damagearising from yourfailure to comply with this Clause.
    3. You can create an Account by using (a) your email address, (b) your phone number,or (c)your facebook or google account. Post entering your details (email address/phonenumber/social media account) on the Website, one-time verification shall beconducted by theCompany. Please note that the email address provided by you shall be used forone timeverification purposes. Post such verification the Account shall be created.
    4. If you are a Gigster:
      In addition to the above, you shall have to provide information regarding youreducational background, skills and experience. You are entirely responsible forsafeguarding and maintaining the confidentiality of your login credentials. OnlyoneAccount can be created by one Gigster, should we become aware of multipleAccountsattributed to the same Gigster, we reserve the right to at our sole discretionterminateor suspend such Accounts.
    5. If you are a Customer:
      In the event, you choose to avail any of the Services on the Website, you arerequired toregister on the Website by providing information(s) as being sought by theWebsite. Youare entirely responsible for safeguarding and maintaining the confidentiality ofyourlogin credentials.
  6. Contractual relationship between the customer and the gigster
    1. Service agreement
      1. The Gigster and the Customer agrees and acknowledges that the Service Agreement shall constitute a separate contract for services under the Consumer Protection Act, 2019 or any successor legislations, between the Customer and the Gigster, to which UniGigs is not a party. You agree to indemnify, defend and hold harmless 01Collab Softech Private Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a user or any third-party.
      2. The Customer and the Gigster have complete discretion with regards to theterms ofengagement between them, provided that such terms of engagement/ServiceAgreementshall not be in contravention to any provision of these Terms. TheCustomer and theGigster acknowledges, agree, and understand that (a) UniGigs is not aparty to anyService Agreement, and (b) the formation of a Service Agreement betweenusers willnot, under any circumstance, create an employment or other servicerelationshipbetween UniGigs and any user or a partnership or joint venture betweenUniGigs andany user.
      3. With respect to the any Service Agreement and/or the terms of engagementbetween theCustomer and the Gigster, the Customer and the Gigster may enter intoany writtenagreements that they deem appropriate (e.g., confidentiality agreements,IPassignment agreements, assignment of rights, etc.) provided that: (a)the Customerand Gigster shall not agree to any such terms which is in contraventionto theseTerms & Conditions, and (b) any such agreement shall not conflict with,narrow, orexpand Company’s rights and obligations under the Terms & Conditions.The Customerand the Gigster agree that any provision of a Service Agreement inconflict withthese Terms & Conditions is void.
      4. The Gigster acknowledges that, upon completion and delivery of theGigster Serviceor the Gigster Product and complete payment of the Gig Fee, all therights,interest, and title in the said Gigster Product or the Gigster Servicestandstransferred to the Customer. The Gigster waives any and all moral rightstherein,unless explicitly mentioned otherwise in the Service Agreement with theCustomer.
    2. Disputes among users
      For disputes arising between the Customer and the Gigster regarding the GigsterServicesor the Gigster Events, the user can approach the Company by reporting the issuesandescalating the dispute to the Company. The Company, upon perusal of thecontents,communications etc. shall decide and resolve the dispute. The user agrees that the Company is facilitating the dispute resolution processforconvenience of the user, hence the user agrees that the Company shall not beliable forCompany’s participation in the dispute resolution process as envisaged underthisclause. Further, in case of any dispute, the Customer and the Gigster agree andacknowledge thatthe UniGigs Fee shall not be disputed. The users, irrespective of any outcome ofthedispute between them, agree to take such steps required to ensure that theCompany shallbe paid in full for any amounts to which the Company would otherwise be entitledto.
    3. Confidential information
      Users may agree to any terms they deem appropriate with respect toconfidentiality ofinformation shared between them. If and to the extent that the users do notarticulateany different agreement with regard to confidentiality, then they agree thatthis Clause6(c) (Confidential Information) shall apply. To the extent a user provides Confidential Information to another user, therecipientwill protect the secrecy of the discloser’s Confidential Information with thesamedegree of care as it uses to protect its own Confidential Information, but in noeventwith less than due care. On a user’s written request, the party that receivedConfidential Information will promptly destroy or return the disclosing party’sConfidential Information and any copies thereof contained in or on its premises,systems, or any other equipment otherwise under its control.
  7. Payment mechanism, our fees, and refund policy
    1. Payment mechanism
      Upon a Customer agreeing to engage with a Gigster for (a) purchase any Gigster Product, (b) avail any of the Gigster Services or (c) attend any of the Gigster Events, the Customer, before initiation of the said Gigster Services/ Gigster Product/ Gigster Event (as applicable) by the Gigster, is required to deposit the full fees for the said Gigster Services/ Gigster Product/ Gigster Event (as applicable) as mutually agreed between the Customer and the Gigster (“Gig Fees”) in an escrow account provided and maintained by UniGigs (“Escrow Account”). The payment of the Gig Fees in the Escrow account on the Website shall be either facilitated by (a) payment platforms such as Razorpay, Paypal, Stripe etc. or (b) any other such mechanism provided by the Company on the Website.
    2. Escrow arrangement
      The Gig Fee shall be kept in the Escrow Account during the duration of the Gig. Upon completion of a Gig and approval by the Customer, the Gig Fees, after deduction of UniGigs Fee, GST and TDS at applicable rate, shall be deposited into the bank account of the Gigster. Provided that in the event the Customer fails to approve the Gig within 24 (twenty-four) hours of completion of the Gig by the Gigster, then the Gig shall be deemed to be approved and accordingly the Gig Fee, after deduction of UniGigs Fee, GST and TDS at applicable rate, shall be deposited into the bank account of the Gigster.
    3. Our fees
      UniGigs do not charge any fees to the Customers for our Services, we however charge a fee equivalent to 0% of the Gig Fees plus GST at applicable rate (“UniGigs Fee”) to the Gigster. The UniGigs Fee and TDS at applicable rate is deducted before the release of the Gig Fee into the bank account of the Gigster.
    4. Refund policy
      1. In the event, the Customer is dissatisfied with work performed by a Gigster with regards to the Gigster Service or the Gigster Event, the Customer may, within 24 hours of delivery of the Gigster Service or happening of the Gigster Event, request for the refund of the Gig Fees from the Gigster.
      2. The refund requests for the Gigster Product shall directly be submitted to the Gigster, and any dispute and/or refund request thereof shall be settled by the Customers directly with the Gigster, the Company will not entertain any refund request for the Gigster Product.
      3. The refund of Gig Fees shall be subjected to investigation by the Company. In the event, the Company, in its sole discretion, believes that the Gigster has not performed the Gigster Services in the agreed manner or has not duly conducted the Gigster Event, then the Company may refund the Gig Fee (after deduction of the UniGigs Fee) from the Escrow Account to the Customer.
      4. Provided, that any refund request received from the Customer shall not be processed unless the Gigster agrees to provide refund of the Gig Fee to the Customer. In any case, the refund of the Gig Fee shall not include refund of the UniGigs Fee attributable to the Company. The Customer agrees and acknowledges that the Company has no liability whatsoever to provide any refund to the Customer.
      5. Our Website provides a platform for the Customer and Gigster to freely interact and they have the full discretion in choosing the user that want to work with. Thus, the Company has no liability towards users for any refund request(s). Further, the user agrees that the Company shall bear no liability for any decision made by the Company under this clause (Refund Policy) with relation to any of the refund requests.
  8. Non- circumvention
    1. Applicable to customer:
      UniGigs and the Website provides a platform to connect the Gigster and the Customer. The Customer agrees to not directly or indirectly attempt to circumvent, avoid or bypass the intent of these Terms, to avoid payment of UniGigs Fee in connection with any Gig or enter into a transaction involving any probable Gig directly with the Gigster. You agree to notify us immediately if a person suggests to you making or receiving payments other than through the Website in violation of these Terms or if you receive unsolicited contact outside of the Website.
    2. Applicable to gigster:
      You agree to not contact or attempt to contact the Customer in any manner whatsoever. All the communication between you and the Customer shall be undertaken on the Website only. You agree to notify us immediately if a person suggests to you making or receiving payments other than through the Website in violation of these Terms or if you receive unsolicited contact outside of the Website.
  9. Website availability
    1. We may suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
    2. We reserve the right to make any changes to the Website or to discontinue any aspect or feature of the Website without notice.
    3. In the event that we, in our sole discretion, consider that you are making any illegal and/or unauthorized use of the Website, and/or your use of the Website is in breach of these Terms, we reserve the right to take any action that it deems necessary, including terminating your use of the Website without notice and, in the case of illegal use, instigating legal proceedings.
  10. Intellectual property
    1. All of the content on the Website, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, trade names (“Website Content”), constitute our and our licensors’ intellectual property and are protected under applicable laws. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
    2. You may access the Website, avail of the features and facilities and utilize the Website Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website Content, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular Website Content, you could contact us in the manner provided hereinafter.
    3. We and our licensors, if any, are the sole owners of the underlying software and source code associated with the Website and all the trademarks, copyright and any other intellectual property rights of any nature on the Website.
  11. Accuracy, completeness and timeliness of information
    1. We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
    2. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
    3. Occasionally there may be information on our Website or in the Terms & Conditions that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on the Website is inaccurate at any time without prior notice.
  12. Third-party links
    1. We do not intend that links / URLs contained on this Website re-directing you to third party websites be considered as referrals to, endorsements of, or affiliations with any such third-party website operators. We are not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third-party websites to which links may be provided on this Website. You agree that you access any such third-party sites at your own risk and shall solely bear all consequences associated with your access to, and use of, such third-party websites. Such third-party sites may have separate terms and conditions and privacy policies and which are independent of our Terms and therefore, please read such third party terms before you access any such third party site.
  13. User comments, feedback and other submissions
    1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
    2. You agree and acknowledge that posting of reviews and feedback on the website is beneficial for all the users, thus you specifically request that UniGigs post reviews and feedback about users, including yourself, on user profiles and elsewhere on the Website. You agree that UniGigs shall post the reviews and feedback on the Website and the same shall be available to other user(s). UniGigs does not monitor, influence, contribute to or censor the reviews and feedback of user(s) and shall not be responsible for any such review or feedback posted by any user(s). Further, you agree and acknowledge that you shall only post relevant and truthful reviews and feedback on the Website, posting of any malicious review may lead to suspension of your account.
    3. UniGigs does not generally investigate any remarks posted by users or other content posted by the user for accuracy or reliability and does not guarantee that content or feedback posted by the user is accurate. You are solely responsible for content and feedback posted by you, including the accuracy of any content, and are solely responsible for any legal action that may be instituted by other users or third parties as a result of or in connection with content posted by the user. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.
    4. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
  14. Disclaimer of warranties; Limitation of liability
    1. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
    2. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
    3. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
    4. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service delivered to you through the Website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
    5. You agree that neither 01Collab Softech Private Limited nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the product or/and for cost of procurement of substitute goods or/and Services or resulting from any goods or/and data or/and information or/and Services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the Service or/and resulting from unauthorized access to or/and alteration of your transmissions or/and data or/and arising from any other matter relating to the product/Service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if 01Collab Softech Private Limited has not been advised of the possibility of such damages.
    6. You further agree that we shall not be liable for any damages arising from interruption, suspension or termination of the Website or any of our Service(s), including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
    7. You agree that we shall not be responsible or liable to you, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall our total liability to you for all damages or/and losses or/and causes of action shall exceed the amount paid by the you to us, if any, that is related to the cause of action.
    8. You represent and warrant to us that (a) all the information provided by you is true and accurate and the you have not provided any false, misleading, or deceptive information or have not omitted any material facts, (b) you are legally competent to enter into these Terms and to take all actions required pursuant hereto, and (c) you conduct and work in relation to any Gig(s) do not violate (i) any right(s) of the third party (including but not limited to the intellectual property rights), and (ii) any applicable laws or regulations.
  15. Prohibited uses
    1. In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any applicable regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or the Website for violating any of the prohibited uses. Some other prohibited activities are gambling, get rich quick schemes, video game or virtual world credits, money exchange services, virtual currency buy /sell / exchange, remittance payments etc.
  16. Abusive use of website
    UniGigs retains the right to cap, suspend, or terminate our Service(s) and or user account(s), suspend or prohibit access to our Services, delete any content, and take any and all technical or legal action to restrict users to the fullest degree possible, without restricting any other remedies. The instance that may cause the aforementioned actions without limiting the instances or reasons:
    1. infringement of Intellectual property rights of third parties
    2. inappropriate or unreasonable communication or any actions of abuse towards the staff member
    3. infringing the intellectual property rights of third parties
    4. any attempt to use UniGigs’s platform or Services for any objectionable purpose.
    5. use of our Services for any illegitimate or non bona fide purpose.
    6. failing to be consistent with letter or spirit of these Terms and our policies
  17. Right to refuse service
    Under the circumstances mentioned below we may limit, suspend or close your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
    1. if we determine that you have breached, or are acting in breach of Terms & Conditions;
    2. if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
    3. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
    4. you do not complete account verification when requested within 1(one) month of the date of request;
    5. use of the Website in a manner inconsistent with its intended use or as expressly prohibited activities
    6. to manage any risk of loss to us, a user, or any other person; or
    7. for other reasons.
  18. Communication with other users
    1. Only Text, message boards, public clarification boards, Gig message board, direct message sending, and other contact channels available on the UniGigs Platform/ Website, must be used to connect with other users.
    2. You must only connect with other users through the UniGigs Website/ Platform. You agree not to interact with other users by any other means, and you must not try to do so.
    3. For the purposes of investigating fraud, regulatory enforcement, risk control, and other similar purposes, we can read all communications posted to the Website and download or view, and verify (if necessary), all uploaded data, programmes, and websites related to your use of the Website.
    4. Except at the time of registration, at our invitation, or as otherwise allowed by us on the Website, you may not post your email address or any other contact information (including but not limited to your phone number or other identifying strings on other platforms) on the Website.
  19. Advertising
    Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a Gig listing, bid, Gig listing description, clarification board or the message board, must relate to a Gig or service being performed on the Website. We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by UniGigs or third-party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.
  20. General
    1. Personal information
      Your submission of personal information through the Website is governed by our Privacy Policy. To view our Privacy policy .
    2. Entire agreement
      These Terms & Conditions constitute the sole record of the agreement between you and us in relation to your use of the Website. Neither you nor we shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Terms & Conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us in respect of your use of the website.
    3. Waiver
      No indulgence or extension of time which either we may grant to you constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that we have signed a written document expressly waiving or limiting such rights.
    4. Cession
      We shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant Terms & Conditions, policies and notices to any third party.
    5. Indemnification
      You agree to indemnify, defend and hold harmless 01Collab Softech Private Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a user or any third-party.
    6. Limited liability
      In no event will we, our directors, officers, employees or agents be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement of substitute products or services; (iii) for interruption of use or loss or corruption of data; (iv) your use of or your inability to use our Website or Services; (v) delays or disruptions in our Website or Services; (vi) viruses or other malicious software obtained by accessing, or linking to, our Website or Services; (vii) glitches, bugs, errors, or inaccuracies of any kind in our Website or Services; (viii) damage to your hardware device from the use of the Website or Services; (ix) the content, actions, or inactions of third parties’ use of the Website or Services; (x) a suspension or other action taken with respect to your Account; (xi) your reliance on the quality, accuracy, or reliability of Gig postings, profiles, ratings, recommendations, and feedback (including their content, order, and display), user information, or metrics found on, used on, or made available through the Website; (xii) your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to the Terms & Conditions; or (xiii) for any amounts that exceed the amounts paid by you to us under these Terms in respect of the Gig or Service under dispute or the amount paid to us in respect of the usage for past 6 (six) months whichever is lower. We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
    7. Severability
      In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
    8. Termination
      1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
      2. These Terms & Conditions are effective unless and until terminated by either you or us.
      3. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Website, or when you cease using our Website.
      4. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website (or any part thereof).
    9. Arbitration
      Any disputes arising in connection with the Website, or Terms & Conditions or any matter related to or in connection therewith between the user and the Company shall be settled by binding arbitration, by a single arbitrator appointed mutually by the Company and the user in accordance with the Indian Arbitration Act, 1966 (as amended). The seat of arbitration shall be Delhi, India and the proceedings of the arbitration shall be conducted in English.
    10. Applicable law
      Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of India. Subject to clause 20 (i) (Arbitration), you hereby consent to the exclusive jurisdiction of the courts of New Delhi, India in respect of any disputes arising in connection with the Website, or Terms & Conditions or any matter related to or in connection therewith.
      1. Gigster’s relationship with UniGigs
        The Gigster acknowledge and agree that they are registering on our Website and providing the Consultation Services in their individual capacity as an independent contractor of UniGigs and not as an agent or representative of any entity or individual, unless otherwise agreed in writing by UniGigs. As such, the Gigster agree to comply with all applicable tax withholding and/or reporting obligations arising from any payments made by UniGigs to the Gigster. Except as expressly agreed in writing, the Gigster will not have any right or authority to negotiate any agreement or otherwise incur any obligation on behalf of UniGigs or to make any representation or warranty on behalf of UniGigs. Registration by a user as an Gigster does not create an employment, agency, partnership, joint venture or any other form of association, for tax purposes or otherwise, between the Gigster and UniGigs. Further, the Gigster shall not represent themselves as being an employee of UniGigs to any person or entity and the Gigster shall not be eligible for any employment benefits based on their registration on this Website as an Gigster and providing of Consultation Services. Additionally, the Gigster agree that the Gigster will not make any unauthorized use of UniGigs’s name.
    11. T&C Contest
      T&C Contest .
    12. Contact information
      Questions about the Terms & Conditions should be sent to us at contact@unigigs.com .