Terms of Use
Updated 14 July 2022

This document is an electronic record in terms of the Information Technology Act, 2000 (the “Act” ) and the rules framed thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended from time to time by the Act. These terms and conditions ( "Terms of Use" ), which govern Your use of Our website www.gigindia.in (the “Website”) and mobile application for mobile and handheld devices (the “App/Application”), is a contract between You (“You” or “Your” or “Yourself” or “User”) and Explorium Innovative Technologies Private Limited, a private limited company, having its registered office at Unit No.401, 4th Floor, Tech Summit, Priyanka Park Plot No. 110, Survey no 87, Baner Road, Pune, Maharashtra- 411045 (“GigIndia” or “We” or “Us” or “Our” or the Company”).The Website and the App are jointly referred to as the “Platform”.
  1. These Terms of Use govern Your use of Our Platform. Please read these Terms of Use carefully before accessing, using or registering on the Platform or uploading any information on the Platform. If You do not agree to these Terms of Use, You may not use the services on the Platform, and we request You to uninstall the App / deregister from the Website. By clicking on the ‘I Accept’ button, You represent that You have clearly read, understood and accepted to be bound by these Terms of Use. You also agree that these Terms of Use forms the basis of Your legal relationship with GigIndia. You are aware that the Company may, from time to time, use alternate descriptions to the ‘I Accept’ button, all of which shall denote Your acceptance of these Terms of Use.
  2. The Platform enables assignment of deliverables/tasks to You for completion ( “Service(s)” ), required by third parties ( “Client” or “Clients” ). These Client(s) have engaged with Us through an agreement( “Client Agreement” ), for fulfilment of the deliverables/tasks through You. On completion You shall be paid for the Service(s) at a pre-ascertained rate (“Fee”). You may agree to provide the Service(s) at Your sole discretion.
  3. These Terms of Use are subject to modifications, and We reserve the right to modify or change the same along with other policies that may govern Your actions over the Platform at any time by posting changes on the Platform with intimation to You vide the Platform or over email communications to You in line with applicable laws. However, You shall, at all times, be responsible for regularly reviewing these Terms of Use and other policies and note the changes made on the Platform. Your continued usage of the Platform after any change is posted shall constitute Your acceptance of the amended Terms of Use and other policies.
  1. DEFINITIONS
    Capitalized terms not defined below or in these Terms of Use have the meanings attributable to their general usage in business.
    1. “Affiliate” of a Party shall mean any entity which is the holding entity or subsidiary of such Party or an entity under the control of or under common control with such Party (where“control” would mean the holding of more than 50% of the voting rights in such entity, either directly or indirectly and the ability to appoint more than 50% of the directors on the board in such entity; or the ability to appoint the managing director of such entity or the ability of that person to direct or cause direction of the management and policies of such entity, evidenced through shareholders’ agreement, board resolution or any other evidence.
    2. “Confidential Information” shall mean and include all non-public information disclosed by GigIndia or its representatives, Clients, agents or contractors to You that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential. Confidential Information (whether embodied in a tangible or intangible form, which is either disclosed visually, orally or in writing or on any magnetic or other media devices, and whether or not labelled or marked as confidential, proprietary or with any equivalent designation) and includes:
      1. non-public information relating to GigIndia’s technology, customers, business plans, trade secrets, business and operating processes, promotional and marketing activities, finances and other business affairs, computer software, existing systems, source codes, inventions, improvements, designs, know-how, technologies, techniques, algorithms, formulae, works of authorship;
      2. legal documentation, licenses, internal processes, products, product plans, prior, current or future projects, business development or planning, commercial relationships, pricing and costs data, suppliers list, vendors list,Client list business partners, independent contractors list, affiliates;
      3. customer/Client data and information, sales targets, statistics, data on customer needs and requirements, market research data, historical and projected financial statements and other financial information;
      4. third-party information that GigIndia is obligated to keep confidential;
      5. the nature, content and existence of any discussions or negotiations between You and GigIndia; and
      6. all other data or information, that is either not known or generally available to the public at large or which (based on the circumstances of disclosure or the nature of the information itself), is expected to be treated as confidential by GigIndia.
    3. “Indemnified Claim” shall mean any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by a third party against an Indemnified Party in relation to You or Your Services.
    4. “Indemnified Liabilities” shall mean any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against You or a third party or other user(s) in relation to Your Services.
    5. “Indemnified Party” shall mean GigIndia, Our affiliates, subsidiaries and Our respective directors, officers, employees, representatives, and agents for all Indemnified Claims and Indemnified Liabilities.
    6. “Personal Information” shall mean any personally identified or identifiable information such as name, age, gender, email address, postal address, telephone number, government identification number, financial information, health information, biometric information, behavioural information or geolocation information, in any form that can be linked to specific individual directly or in combination with any other information available or likely to be available.
    7. Privacy Policy shall be referred as the terms in this link https://gigindia.in/privacy-policy.
  2. YOUR ACCOUNT
    1. For the purpose of accessing certain portions of the Platform, for providing Your Services , You have to register an account (“Account”) in Our Platform. For registering such an Account, You have to read these Terms of Use and agree to the same by clicking the ‘I Accept’ button when prompted on the Platform. We reserve the right to decline Your registration of an Account, for any reason whatsoever. Your privacy is important to GigIndia, and Your information will be handled in accordance with Our Privacy Policy and applicable laws.
    2. To register for an Account, You hereby represent that You: (a) can form legally binding contracts under the Indian Contract Act, 1872, or is not disqualified from doing so by any other applicable laws; (b) are an individual who is 18 years age or older; (c) are of sound mind and have not been adjudged an insolvent; (d) will comply with any and all licensing, registration, or other requirements, including registration under GST for provision of Services; (e) are not convicted of any offence involving moral turpitude; and (f) will use the Platform for business purposes only.
    3. You agree to use the Platform only: (i) for purposes that are permitted by these Terms of Use; and (ii) in accordance with applicable laws, regulations and guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by Us or other users. You understand that We reserve the right to terminate Your contract to use the Platform forthwith without giving any notice. We reserve the right to refuse Your access to the Platform or suspend the access granted to You at any time without according any reasons for doing so. You hereby represent that You do not, and You shall not have more than 1 (one) active Account on the Platform at any given point in time.
    4. To register for an Account, You must complete a user profile ( “Profile” ), which You consent to be shown to the public including the Clients. You agree to provide true, accurate, and complete information on Your Profile and all registration and other forms You access on the Platform or provide to Us and to update Your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about Your identity or location, Your business and Your skills, and to correct any such information that is or becomes false or misleading.
    5. Subject to compliance with these Terms of Use, We grant You a non-exclusive, limited right to access and use this Platform. You agree not to request or allow another person to create an Account on Your behalf, for Your use or for Your benefit or for the benefit of the other. If a User violates these Terms of Use, it will affect such User’s ability to use the Platform.
    6. When You register for an Account, from time to time thereafter, Your Account may be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm Your identity and Your address. You authorize Us, to make any inquiries (directly or through third parties) necessary to validate Your identity, Your address, and confirm Your ownership of Your email address or financial accounts, subject to applicable law. When requested, You must promptly provide Us with complete information about Yourself, which includes, but is not limited to, providing official government or legal documents. During verification some or all of the Account features may be temporarily limited.
    7. Each person who uses the Platform must register for his/her own Account. When You register for an Account, You will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of Your username and password. You agree not to share Your username or password with any person. You authorize GigIndia to assume that any person using the Platform with Your username and password is You. You agree to notify us immediately if You suspect or become aware of any unauthorized use of Your Account or any unauthorized access to the password of Your Account. You further agree and undertake not to use the Account or log in with the username and password of another user of the Platform.
    8. You agree that if You provide any information which is untrue, inaccurate, not current, incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with these Terms of Use, We shall have the right to suspend or terminate Your Account on the Platform or indefinitely block You from accessing the Platform in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.
    9. You shall not transmit any chain letters or unsolicited commercial or junk email to other users or Clients through the Platform. You would be violating these Terms of Use if You use any information obtained from the Platform in order to harass, abuse, or harm others. You understand that We have the right at all times to disclose any information (including Your identity, contact details and other information as enumerated under 2.10) as necessary to satisfy any law, regulation, valid governmental request or Client’s requests. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or query raised by the Client. In addition, We can (and You hereby expressly authorized us to) disclose any information about You to law enforcement agencies or other government officials as We, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes. We shall have the right, at Our sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, You remain solely responsible for the content of the material You post on the Platform and Your interaction with the other parties including the Clients.
    10. You hereby give Your consent and authorise Us without any reservations, to collect and maintain in the records of the Company in line with applicable laws, any sensitive and Personal Information that belongs to You, including but not limited to, the following:
      1. financial information such as bank account(s), credit card(s), debit card(s), and other payment instrument details;
      2. physical, physiological, mental health condition, sexual orientation, medical records and history; and
      3. any information or detail relating to previous employment, educational qualifications, criminal records, or the like from Your previous employer or from / through any internal or external agencies appointed for purpose of obtaining / collecting Personal Information .
    11. You further agree that GigIndia may: (a) use, process, and/or store such Personal Information in connection with Your contractual engagement with the Company or any matters incidental or ancillary thereto; and (b) share such Personal Information with any outside agencies or third parties including the Clients for verification and validation of this information or for compliance with the Company’s contractual and/or statutory obligations; and (c) use, process, and/or store such Personal Information in any manner permitted in terms of the Privacy Policy of the Company available at the Platform. You are expected to read and understand the Privacy Policy before proceeding with account creation.
    12. You understand and acknowledge that You may withdraw the consent provided by You herein by informing, in writing, to the Company’s representative designated for this purpose. You, however, further acknowledge and accept that if such withdrawal of consent affects the purpose for which Your Personal Information had been obtained or sought, then You hereby declare that the Company shall have the right to take necessary measures as it deems appropriate (including termination of Your contractual engagement by the Company), and You will provide all reasonable support and assistance to the Company in giving effect to such measures.
    13. You acknowledge and agree that the consent provided by You herein is obtained by the Company in order to ensure compliance with applicable laws and, accordingly, You agree that such consent shall continue to remain for the duration of your contractual engagement with the company, or for longer as may be permissible or required by applicable laws.
  3. PURPOSE OF THE PLATFORM
    1. GigIndia’s role is limited to ensuring that the tasks assigned by the Client to GigIndia are performed by the respective Users through the Platform in the agreed time and manner.
    2. While providing Your Services on the Platform You may have access to comments, remarks, data, invoices, feedback, text, photographs, images, video, or any other content or information that You may post and/or upload on Our Platform or provide to Us, including such content or information that is posted on Our Platform in response to questions “User Content”. You acknowledge, agree and understand that You are solely responsible for: (a) ensuring the accuracy and legality of any User Content; (b) performing any Services; and/or (c) assessing as a matter of right whether to perform and/or deliver any Service or not. GigIndia does not make any representations about or guarantee the truth or accuracy of any Client’s listings or other User Content on the Platform. You further acknowledge, agree and understand that GigIndia may choose not to verify any feedback or information provided by Users or perform background checks on a User. You are solely responsible for any legal action that may be instituted by Clients or third parties as a result of or in connection with Your User Content.
    3. To the extent User Content is shared with the Company, the User grants the Company a fully transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify or create derivative works based on, display, and otherwise use the User Content. In particular without limitation, the Company may use the User Content for research and development to improve or modify the Services, in which case the User shall have no right, title or interest in such improved or modified Services. The Company reserves the right to use or modify User Content licensed to it, without providing the User with reason or notice.
    4. You further acknowledge, agree and understand that: (i) You are not an employee of GigIndia and/or its Affiliates, and You are not eligible for any of the rights or benefits of employment (including unemployment and/or social security benefits as that of regular employees); (ii) the relationship between You and GigIndia and/or its Affiliates is of an independent contractor only; (iii) You are not intended or deemed to be an employee of GigIndia and/or its Affiliates in connection with the performance of the Services; (iv) Nothing in these Terms of Use is intended to or should be construed to create an employer-employee relationship, a partnership, joint venture, franchisor/franchisee relationship between GigIndia and/or its Affiliates and a User; and (v) You have no, and shall not have any, right, power or authority to: (a) assume or create any obligation of any kind, express or implied in the name of, or on behalf of GigIndia and/or its Affiliates, or to bind GigIndia and/or its Affiliates in any manner for the payment of money or otherwise; or (b) be entitled to any workers’ compensation, pension, retirement, insurance or other employee-related benefits.
    5. You acknowledge, agree, and understand that (i) GigIndia reserves the right to recover damages from You and Your Fee for any acts or omissions by You and GigIndia will not have any liability or obligations for the same; (ii) You are free to determine Your participation to perform Services (iii) You will be paid at such times and such amounts as may be specified by on the Platform for performing a particular Service and GigIndia does not, in any way, provide or guarantee You any minimum Fees, regular payments, etc; and (iv) GigIndia does not provide the premises at which You will perform the Services.
    6. Nothing in these Terms of Use is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any User from engaging in any other business activities or providing any services through any other channels they choose. Users are free at all times to engage in such other business activities and services as they may deem fit.
    7. You agree and understand that a Client is solely responsible for and has complete discretion on certifying the satisfactory completion of any tasks. You shall perform/deliver the Services as per the quality standards, performance parameters, timelines, methods and process as mentioned on the Platform or the task assignment sheet consisting details of the tasks communicated separately to You.
  4. INDEPENDENT CONTRACTOR ARRANGEMENT
    1. You agree that You will perform the Services under this Agreement as an independent contractor. Nothing in this Agreement shall imply that You will be required to provide services exclusively to GigIndia. Unless expressly specified by the Company in writing, You shall not have any right or power whatsoever: (i) to contract, and/or make any decisions/representations on behalf of GigIndia and/or its Affiliates; (ii) bind/commit GigIndia and/or its Affiliates in any way in relation to third parties and shall not hold yourself out as having any such authority.
    2. Nothing contained in this Agreement shall be construed as creating an employer–employee relationship between GigIndia and/or its Affiliates and You. You shall not in any way or to any party represent to be or hold yourself out as an employee of GigIndia and/or its Affiliates.
    3. Nothing in this Agreement shall deem You to be an agent/authorised representative of GigIndia and/or its Affiliates. Furthermore, nothing contained in this Agreement shall constitute a partnership or joint venture between You and the Company and/or its Affiliates for any purpose whatsoever.
  5. PAYMENT OF FEES
    1. In consideration of successful completion of Services provided by You under these Terms of Use, You shall be eligible to receive Fees as per the rates which are specified to You before initiating the Services.
    2. Upon completion of Services, You shall generate and submit invoices for Services performed and/or delivered by You. You shall not be eligible to receive any Fees or any other amount for incomplete tasks/Services and the payment of Fees shall be contingent upon successful certification or validation by the Client.
    3. You hereby authorise Us to remit Your Fees to Your bank account linked to Your Account using solutions offered by our payment technology partners. You agree and understand that We, on a best-efforts basis, will clear undisputed invoices on submission of invoices by You.
    4. You will provide us with a valid set of onboarding documents as requested by us not only limited to Bank Account Number and Permanent Account Number (PAN). In case the bank account number to us is invalid or does not belong to you, Gig India reserves the right to withhold the payments.
    5. All the payments made by Us under these Terms of Use shall be made in Indian Rupees. All payments by Us to You under these Terms of Use shall be subject to the deduction of applicable taxes under the Income Tax Act, 1961 and other applicable laws.You will provide us a valid Permanent Account Number (PAN) issued by the income tax authorities. In case the PAN provided to us is invalid or does not belong to you, GigIndia reserves the right to deduct taxes at higher rates as prescribed under the applicable law.
    6. You agree to notify Us immediately if a Client suggests to You to collect, process or facilitate payments from them. If You are aware of a breach or potential breach of this Clause, You shall immediately inform Us about the same.
    7. You acknowledge and agree that You are responsible (a) for all tax liability associated with payments received from GigIndia; (b) to comply with all regulatory, statutory and legal obligations under any law applicable and for the time being in force (c) for determining whether You are required by applicable law to issue any particular invoices for Your Fees; (d) for determining whether You are required by applicable law to remit to the appropriate authorities any Goods and Services Tax (GST) or any other taxes or similar charges applicable to Your Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate.
  6. RECORDS OF COMPLIANCE
    1. You will: (a) create and maintain records to document fulfilment of Your obligations under these Terms of Use, including, without limitation, Your compliance with tax laws, and (b) provide copies of such records to GigIndia upon request. Nothing in this Clause requires or will be construed as requiring GigIndia to supervise or monitor Your compliance with these Terms of Use. You are solely responsible for creation, storage, and backup of Your business records. These Terms of Use and any registration for or subsequent use of the Platform will not be construed as creating any responsibility on GigIndia’s part to store, backup, retain, or grant access to any information or data for any period.
  7. CONFIDENTIALITY AND DATA PROTECTION OBLIGATIONS
    1. You represent and undertake that You will: (i) keep Our and Our Client’s Confidential Information and Personal Information secret and confidential; (ii) not disclose the Confidential Information and/or Personal Information in whole or in part to any other person without obtaining Our prior written consent; (iii) use the Confidential Information including Personal Information solely in connection with the performance of the Services offered through the Platform; (iv) safeguard the Confidential Information and Personal Information with the same degree of care to protect the secrecy thereof and to avoid its disclosure and unauthorized use as You use to protect Your own confidential or Personal Information, but in no case less than reasonable care; and (v) notify Us in writing immediately upon the occurrence of any disclosure or unauthorized use of any Confidential Information and/or Personal Information.
    2. If and to the extent that You collect, access, use, store, record, or otherwise process (collectively “Process”) any Personal Information received/accessed/obtained/collected by You in connection with performing Your obligations under these Terms of Use, You agree to:
      1. comply with applicable data protection laws, rules and regulations governing the collection, use, protection, breach notification, retention, disclosure of Personal Information including but not limited to the Act and the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011 (“Data Protection Laws”), including any requirements applicable to storage or cross-border transfer of Personal Information outside India;
      2. the obligation to protect Personal Information shall survive in perpetuity; and
      3. process Personal Information solely to fulfil Your obligations under these Terms of Use and not process in a manner detrimental to someone’s privacy.
      4. not sell, rent, lease or otherwise make an unauthorized disclosure of Personal Information to any third party.
      5. not store, retain, create unauthorized copies of Personal information
    3. If and to the extent that You provide Yours or others’ Personal Information to Us for processing, You warrant that such Personal Information was collected lawfully, and there is no restriction on You under the Data Protection Laws from providing such Personal Information to Us or any processing of such Personal Information by Us under these Terms of Use. We will use the information provided by You in accordance with these Terms of Use and our Privacy Policy available on our Platform.
  8. INTELLECTUAL PROPERTY RIGHTS
    1. All rights, title and interest in the trade names, the Platform and its process, service marks, inventions, copyrights, trade secrets, patents, arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, content, materials, sounds and music (if any), artwork, algorithm and computer code, illustrations, artwork, software and other elements (and any combination thereof) ( “GigIndia Property/Intellectual Property” ) except any third-party software available on the Platform, is owned by GigIndia and is protected by copyright, patent and trademark laws, and various other laws pertaining to intellectual property rights. Except as specifically provided herein or elsewhere on our Platform, no GigIndia Property may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under these Terms of Use, by any person or entity, without Our prior written consent. You shall not add, delete, distort, or otherwise modify any GigIndia Property. Any unauthorized attempt to modify any GigIndia Property, to defeat or circumvent any security features, or to utilize our Platform or any part of GigIndia Property for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this clause, GigIndia hereby grants You a non-exclusive, revocable, non-transferable access to view GigIndia Property on the Platform.
    2. The trademarks, logos and service marks ( "Marks" ) displayed on the Platform except any third-party Marks are Our property. You are not permitted to use the Marks without Our or the relevant third party’s prior written consent, as may be applicable.
  9. REPRESENTATIONS AND WARRANTIES
    1. You hereby represent and warrant that You will undertake not to:
      1. defame, abuse, harass, threaten or otherwise violate the legal rights of others;
      2. commit any illegal, immoral, unethical, unlawful, unsafe act during the course of performing/delivering the Services;
      3. copy, post, publish, display, upload, translate, transmit, reproduce, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information or any Content on the Platform;
      4. upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents; do any such thing that may harm any person, in any way; upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;
      5. engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
      6. attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, or through the Platform, by hacking, password mining or any other illegitimate means;
      7. probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You shall not reverse look-up, trace or seek to trace any information on any other User, Clients or visitor of the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to Personal Information, other than Your own information, as provided on the Platform;
      8. disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
      9. use any device or software to interfere or attempt to interfere with the proper functioning of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
      10. use the Platform or any GigIndia Property for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
      11. impersonate any other User, Client or third party nor shall You collect or store their data;
      12. violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
      13. violate these Terms of Use contained herein or elsewhere;
      14. threaten the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting for any other nation; and
      15. reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
      16. Furthermore, You shall be responsible to procure and maintain all no-objection certificates, approvals, licenses, compliances, and other documentations specifically in relation to accessing the Platform and providing Services including but not limited to licenses, approvals, certifications required by the regulatory authorities, government bodies, municipal corporations, local bodies, or other relevant authorities and shall enable GigIndia to verify and inspect such documentation, at any time for any purposes whatsoever.
      17. Additionally, You shall provide relevant documents required by the authorities or by GigIndia to avail the licenses/registrations and approvals (including but not limited to signing applications and documents required in such behalf). While obtaining such licenses/registrations and approvals, You shall solely be responsible towards paying the associated statutory fees, penalties and shall ensure compliance in this regard. Further, You shall not claim back or raise any request for reimbursement from GigIndia in respect of such costs.
      18. Finally, in cases of any notice, summons, show cause, or any litigations arising out or in relation to Your acts, omissions and/or Services, You shall make adequate representations at Your own cost before relevant authorities or adjudicatory forums as may be required. You shall also ensure that GigIndia is neither made a party to such proceedings/enquiry nor is involved in any other manner whatsoever.
    2. You agree not to access (or attempt to access) the Platform by any means other than through the interface provided by Us. You further agree not to use any ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Platform or its content or in any way reproduce, or circumvent the navigational structure, presentation of the Platform, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Platform. We reserve our right to bar any such activities.
    3. You hereby represent and undertake that You have not received any notice from any third party or any governmental authority and also no litigation is pending against You in any court of law, which prevents You from accessing the Platform.
    4. You shall ensure that while using the Platform, You shall not behave in a manner that would be construed as being in violation of the Company’s policies appliable to Independent Contractors and of applicable law, as in force from time to time.
  10. DISCLAIMER
    1. You expressly agree, acknowledge and understand that, to the maximum extent permitted by applicable law:
      1. The Platform is being provided by GigIndia on an as is and on an as available basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, GigIndia makes no warranty that (i) the Platform, will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; or (ii) the quality of the Platform will meet Your expectations or requirements; or (iii) Your use of the Platform will be uninterrupted, timely, secure or error-free including failure of technology or modifications thereof; or (iv) any errors or defects in the Platform will be corrected.. No advice or information, whether oral or written, obtained by You from GigIndia shall create any warranty not expressly stated in these Terms of Use. To the maximum extent permitted by applicable law, GigIndia disclaims all express and implied conditions, representations, and warranties including, but not limited to, the warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement;
      2. GigIndia disclaims all liability with respect to the misuse, loss, modification or unavailability of any User Content;
      3. GigIndia shall not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge;
      4. GigIndia shall not be liable for any illegal, immoral, unethical, unlawful, unsafe act committed by You;
      5. GigIndia will have no liability related to any User Content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. GigIndia also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content; and
      6. You shall not hold GigIndia responsible for any delay or Your inability to use the Platform, the provision of or failure to provide any or all functionalities of the Platform, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, GigIndia shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension/disruption of access to the Platform that may occur due to technical reasons or for any reason beyond GigIndia’s control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems, mobile devices or loss of data that may result from the download of such material or data.
    2. You further agree and understand that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. GigIndia disclaims all liabilities arising in relation to such offensive content on the Platform.
  11. LIMITATION OF LIABILITY
    1. We shall not be liable, and You agree not to hold Us responsible, for any damages or losses arising out of or in connection to the following including, but not limited to:
      1. Your use of or Your inability to use Our Platform;
      2. delays or disruptions in Our Platform;
      3. viruses or other malicious software obtained by accessing, or linking to, Our Platform, glitches, bugs, errors, or inaccuracies of any kind in Our Platform;
      4. damage to Your hardware device from use of the Platform;
      5. content, actions, or inactions of third parties’ use of the Platform;
      6. a suspension or other action taken with respect to Your Account;
      7. Your reliance on the quality, accuracy, or reliability of listings found on, or made available through the Platform;
      8. Any claims, defaults, or liabilities whatsoever raised by Clients against You or otherwise;
      9. Your need to modify practices, content, or behaviour or Your loss of or inability to do business, as a result of changes to these Terms of Use.
    2. In no event We shall assume or have any responsibility or liability for any content posted by You or on Your behalf on the Platform or for claims, damages, or losses resulting from its use and/or appearance of it on the Platform. You hereby represent and warrant that You have necessary rights to all the content You provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any misleading, libellous, tortious, or otherwise unlawful information.
    3. It is possible that other Users, unauthorized persons or ‘hackers’ may post or transmit offensive or obscene material on the Platform and that You may be involuntarily exposed to such material. It may also be possible for others to obtain Personal Information about You due to Your use of the Platform and use such information to harass or injure You. We do not approve of such unauthorized uses but by using the Platform, You acknowledge and agree that We are not responsible for the use of any Personal Information that You publicly disclose or share with others on the Platform.
  12. RELEASE
    1. You hereby release Us, Our affiliates, and Our respective officers, directors, agents, subsidiaries, employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute You may have with a Client, whether it be at law or in equity that exist as of the time You click on the ‘I Accept’ button or thereafter. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Services provided to Client by You.
  13. INDEMNIFICATION
    1. You hereby agree and undertake to indemnify, defend, and hold harmless Us and our Affiliates and Clients, including but not limited to their officers, directors, consultants, agents, and employees ( “Indemnitees” ) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms. Additionally, You agree to hold all Indemnitees harmless against all Indemnified Claims and Indemnified Liabilities and any other liabilities of whatsoever nature relating to or arising out of: (a) Your use of the Platform; (b) any User Content developed, provided, or otherwise related to Your use of the Platform; (c) classification of GigIndia as Your employer, any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, social security benefits or any other employee benefits; (d) Your failure to comply with these Terms of Use; (e) Your failure to comply with applicable laws; (f) negligence, wilful misconduct, or fraud committed by You; (g) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by You; and (h) any illegal, immoral, unethical, unlawful, unsafe act committed by You. Furthermore, in no event shall the Company and the Indemnitees be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your Service or your dealing with Clients, use of or access to the Platform or Content on the Platform. These limitations and exclusions herein shall apply to the maximum extent permitted by applicable laws.
  14. TERM AND TERMINATION
    1. These Terms of Use would be applicable until terminated by GigIndia. If You object to these Terms of Use or are dissatisfied with the Platform, Your only recourse is to stop accessing the Platform, uninstall the App or deregister from the Website. GigIndia may, at its sole discretion, bar Your use of the Platform at any time, with or without reason. Even after Your Account is disabled, dormant or made inactive, these Terms of Use agreed by You at the time of registration will remain in effect for GigIndia.
    2. Without limiting Our other rights or remedies, We may, but are not obligated to, temporarily or indefinitely delist You, revoke or limit Your access to the Platform, deny Your registration, or permanently revoke Your access to the Platform, temporarily or indefinitely suspend/terminate/block Your Account, and refuse to provide You any or all features of the Platform if: (i) You breach the letter or spirit of these Terms of Use; (ii) We suspect or become aware that You have provided false, inaccurate, incomplete, obsolete or misleading information to Us; (iii) We believe, in Our sole and absolute discretion, that Your actions may cause legal liability for Us, Our Users, or our Affiliates; may be contrary to the interests of the Platform or the User community; or may involve illicit or illegal activity; (iv) We are required to by law, legal process, or law enforcement; or (v) We believe, in Our sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited these Terms of Use.
    3. Except as otherwise required by law, if Your Account is closed for any reason, You will no longer have access to data, messages, files, or other material on the Platform and any closure of Your Account may involve deletion of any content stored in Your Account for which GigIndia will have no liability whatsoever. GigIndia, in its sole discretion and as permitted or required by law, may retain some or all of Your Account information.
    4. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until GigIndia chooses to terminate them.
  15. GENERAL
    1. These Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws, principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore Karnataka.
    2. You hereby expressly agree to receive communications from Us by way of Short Message Service (“SMSs”) and/or e-mails and/or WhatsApp, push notifications through our Platform.
    3. These Terms of Use sets forth the entire agreement and understanding between You and GigIndia relating to the subject matter hereof and it cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between You and Us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. By clicking on the ‘I Accept’ check box, You represent that You have clearly read, understood and have accepted to be bound by these Terms of Use.
    4. After these Terms of Use terminates, any provision contained herein that expressly or by their nature contemplate performance after termination will survive and continue in full force and effect.
    5. The section headings in these Terms of Use are included for ease of reference only and have no binding effect. You represent that You had ample time to review and decide whether to agree to these Terms of Use.
    6. No modification or amendment to these Terms of Use will be binding upon GigIndia unless they are agreed in a written instrument signed by a duly authorized representative of GigIndia or posted on the Platform. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches.
    7. If any provision of these Terms of Use is deemed by any court of competent jurisdiction to be illegal, invalid or unenforceable, it shall in no way affect or prejudice the legality, validity or enforceability of other provisions of these Terms of Use. If any provision of these Terms of Use is deemed by such court to be unenforceable because such provision is too broad in scope, then such provision shall be construed to be limited in scope to such extent that it is deemed necessary to make it enforceable, and if any provision is deemed inapplicable by such court to any person or circumstances, it shall nevertheless be construed to apply to all other persons and circumstances.
    8. User shall not assign these Terms of Use, or any of its rights or obligations hereunder, without GigIndia’s prior written consent in the form of a written instrument signed by a duly authorized representative of GigIndia. GigIndia may freely assign these Terms of Use without User’s consent. Any attempted assignment or transfer in violation of this clause will be null and void. Subject to the foregoing restrictions, these Terms of Use are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
    9. GigIndia will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labour disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of GigIndia.
    10. GigIndia makes no representations that the Platform is appropriate or available for use outside of India. Those who access or use the Platform from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable foreign, Indian, state, and local laws and regulations, including, but not limited to, export and import regulations.
    11. In connection with these Terms of Use, We may provide You with certain records from GigIndia, such as contracts, notices, and communications, in writing. To facilitate Your use of the Platform, You give us permission to provide these records to You electronically instead of in paper form.
    12. Assignment:You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. GigIndia’s rights under the Terms are freely transferable to any third party without the requirement of seeking Your consent.
    13. Severability: If for any reason, a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
    14. Waiver: Any failure by GigIndia to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by GigIndia of that provision or right.
Terms of Use
Updated 14 July 2022

This document is an electronic record in terms of the Information Technology Act, 2000 (the “Act” ) and the rules framed thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended from time to time by the Act. These terms and conditions ( "Terms of Use" ), which govern Your use of Our website www.gigindia.in (the “Website”) and mobile application for mobile and handheld devices (the “App/Application”), is a contract between You (“You” or “Your” or “Yourself” or “User”) and Explorium Innovative Technologies Private Limited, a private limited company, having its registered office at Unit No.401, 4th Floor, Tech Summit, Priyanka Park Plot No. 110, Survey no 87, Baner Road, Pune, Maharashtra- 411045 (“GigIndia” or “We” or “Us” or “Our” or the Company”).The Website and the App are jointly referred to as the “Platform”.
  1. These Terms of Use govern Your use of Our Platform. Please read these Terms of Use carefully before accessing, using or registering on the Platform or uploading any information on the Platform. If You do not agree to these Terms of Use, You may not use the services on the Platform, and we request You to uninstall the App / deregister from the Website. By clicking on the ‘I Accept’ button, You represent that You have clearly read, understood and accepted to be bound by these Terms of Use. You also agree that these Terms of Use forms the basis of Your legal relationship with GigIndia. You are aware that the Company may, from time to time, use alternate descriptions to the ‘I Accept’ button, all of which shall denote Your acceptance of these Terms of Use.
  2. The Platform enables assignment of deliverables/tasks to You for completion ( “Service(s)” ), required by third parties ( “Client” or “Clients” ). These Client(s) have engaged with Us through an agreement( “Client Agreement” ), for fulfilment of the deliverables/tasks through You. On completion You shall be paid for the Service(s) at a pre-ascertained rate (“Fee”). You may agree to provide the Service(s) at Your sole discretion.
  3. These Terms of Use are subject to modifications, and We reserve the right to modify or change the same along with other policies that may govern Your actions over the Platform at any time by posting changes on the Platform with intimation to You vide the Platform or over email communications to You in line with applicable laws. However, You shall, at all times, be responsible for regularly reviewing these Terms of Use and other policies and note the changes made on the Platform. Your continued usage of the Platform after any change is posted shall constitute Your acceptance of the amended Terms of Use and other policies.
  1. DEFINITIONS
    Capitalized terms not defined below or in these Terms of Use have the meanings attributable to their general usage in business.
    1. “Affiliate” of a Party shall mean any entity which is the holding entity or subsidiary of such Party or an entity under the control of or under common control with such Party (where“control” would mean the holding of more than 50% of the voting rights in such entity, either directly or indirectly and the ability to appoint more than 50% of the directors on the board in such entity; or the ability to appoint the managing director of such entity or the ability of that person to direct or cause direction of the management and policies of such entity, evidenced through shareholders’ agreement, board resolution or any other evidence.
    2. “Confidential Information” shall mean and include all non-public information disclosed by GigIndia or its representatives, Clients, agents or contractors to You that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential. Confidential Information (whether embodied in a tangible or intangible form, which is either disclosed visually, orally or in writing or on any magnetic or other media devices, and whether or not labelled or marked as confidential, proprietary or with any equivalent designation) and includes:
      1. non-public information relating to GigIndia’s technology, customers, business plans, trade secrets, business and operating processes, promotional and marketing activities, finances and other business affairs, computer software, existing systems, source codes, inventions, improvements, designs, know-how, technologies, techniques, algorithms, formulae, works of authorship;
      2. legal documentation, licenses, internal processes, products, product plans, prior, current or future projects, business development or planning, commercial relationships, pricing and costs data, suppliers list, vendors list,Client list business partners, independent contractors list, affiliates;
      3. customer/Client data and information, sales targets, statistics, data on customer needs and requirements, market research data, historical and projected financial statements and other financial information;
      4. third-party information that GigIndia is obligated to keep confidential;
      5. the nature, content and existence of any discussions or negotiations between You and GigIndia; and
      6. all other data or information, that is either not known or generally available to the public at large or which (based on the circumstances of disclosure or the nature of the information itself), is expected to be treated as confidential by GigIndia.
    3. “Indemnified Claim” shall mean any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by a third party against an Indemnified Party in relation to You or Your Services.
    4. “Indemnified Liabilities” shall mean any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against You or a third party or other user(s) in relation to Your Services.
    5. “Indemnified Party” shall mean GigIndia, Our affiliates, subsidiaries and Our respective directors, officers, employees, representatives, and agents for all Indemnified Claims and Indemnified Liabilities.
    6. “Personal Information” shall mean any personally identified or identifiable information such as name, age, gender, email address, postal address, telephone number, government identification number, financial information, health information, biometric information, behavioural information or geolocation information, in any form that can be linked to specific individual directly or in combination with any other information available or likely to be available.
    7. Privacy Policy shall be referred as the terms in this link https://gigindia.in/privacy-policy.
  2. YOUR ACCOUNT
    1. For the purpose of accessing certain portions of the Platform, for providing Your Services , You have to register an account (“Account”) in Our Platform. For registering such an Account, You have to read these Terms of Use and agree to the same by clicking the ‘I Accept’ button when prompted on the Platform. We reserve the right to decline Your registration of an Account, for any reason whatsoever. Your privacy is important to GigIndia, and Your information will be handled in accordance with Our Privacy Policy and applicable laws.
    2. To register for an Account, You hereby represent that You: (a) can form legally binding contracts under the Indian Contract Act, 1872, or is not disqualified from doing so by any other applicable laws; (b) are an individual who is 18 years age or older; (c) are of sound mind and have not been adjudged an insolvent; (d) will comply with any and all licensing, registration, or other requirements, including registration under GST for provision of Services; (e) are not convicted of any offence involving moral turpitude; and (f) will use the Platform for business purposes only.
    3. You agree to use the Platform only: (i) for purposes that are permitted by these Terms of Use; and (ii) in accordance with applicable laws, regulations and guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by Us or other users. You understand that We reserve the right to terminate Your contract to use the Platform forthwith without giving any notice. We reserve the right to refuse Your access to the Platform or suspend the access granted to You at any time without according any reasons for doing so. You hereby represent that You do not, and You shall not have more than 1 (one) active Account on the Platform at any given point in time.
    4. To register for an Account, You must complete a user profile ( “Profile” ), which You consent to be shown to the public including the Clients. You agree to provide true, accurate, and complete information on Your Profile and all registration and other forms You access on the Platform or provide to Us and to update Your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about Your identity or location, Your business and Your skills, and to correct any such information that is or becomes false or misleading.
    5. Subject to compliance with these Terms of Use, We grant You a non-exclusive, limited right to access and use this Platform. You agree not to request or allow another person to create an Account on Your behalf, for Your use or for Your benefit or for the benefit of the other. If a User violates these Terms of Use, it will affect such User’s ability to use the Platform.
    6. When You register for an Account, from time to time thereafter, Your Account may be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm Your identity and Your address. You authorize Us, to make any inquiries (directly or through third parties) necessary to validate Your identity, Your address, and confirm Your ownership of Your email address or financial accounts, subject to applicable law. When requested, You must promptly provide Us with complete information about Yourself, which includes, but is not limited to, providing official government or legal documents. During verification some or all of the Account features may be temporarily limited.
    7. Each person who uses the Platform must register for his/her own Account. When You register for an Account, You will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of Your username and password. You agree not to share Your username or password with any person. You authorize GigIndia to assume that any person using the Platform with Your username and password is You. You agree to notify us immediately if You suspect or become aware of any unauthorized use of Your Account or any unauthorized access to the password of Your Account. You further agree and undertake not to use the Account or log in with the username and password of another user of the Platform.
    8. You agree that if You provide any information which is untrue, inaccurate, not current, incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with these Terms of Use, We shall have the right to suspend or terminate Your Account on the Platform or indefinitely block You from accessing the Platform in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.
    9. You shall not transmit any chain letters or unsolicited commercial or junk email to other users or Clients through the Platform. You would be violating these Terms of Use if You use any information obtained from the Platform in order to harass, abuse, or harm others. You understand that We have the right at all times to disclose any information (including Your identity, contact details and other information as enumerated under 2.10) as necessary to satisfy any law, regulation, valid governmental request or Client’s requests. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or query raised by the Client. In addition, We can (and You hereby expressly authorized us to) disclose any information about You to law enforcement agencies or other government officials as We, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes. We shall have the right, at Our sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, You remain solely responsible for the content of the material You post on the Platform and Your interaction with the other parties including the Clients.
    10. You hereby give Your consent and authorise Us without any reservations, to collect and maintain in the records of the Company in line with applicable laws, any sensitive and Personal Information that belongs to You, including but not limited to, the following:
      1. financial information such as bank account(s), credit card(s), debit card(s), and other payment instrument details;
      2. physical, physiological, mental health condition, sexual orientation, medical records and history; and
      3. any information or detail relating to previous employment, educational qualifications, criminal records, or the like from Your previous employer or from / through any internal or external agencies appointed for purpose of obtaining / collecting Personal Information .
    11. You further agree that GigIndia may: (a) use, process, and/or store such Personal Information in connection with Your contractual engagement with the Company or any matters incidental or ancillary thereto; and (b) share such Personal Information with any outside agencies or third parties including the Clients for verification and validation of this information or for compliance with the Company’s contractual and/or statutory obligations; and (c) use, process, and/or store such Personal Information in any manner permitted in terms of the Privacy Policy of the Company available at the Platform. You are expected to read and understand the Privacy Policy before proceeding with account creation.
    12. You understand and acknowledge that You may withdraw the consent provided by You herein by informing, in writing, to the Company’s representative designated for this purpose. You, however, further acknowledge and accept that if such withdrawal of consent affects the purpose for which Your Personal Information had been obtained or sought, then You hereby declare that the Company shall have the right to take necessary measures as it deems appropriate (including termination of Your contractual engagement by the Company), and You will provide all reasonable support and assistance to the Company in giving effect to such measures.
    13. You acknowledge and agree that the consent provided by You herein is obtained by the Company in order to ensure compliance with applicable laws and, accordingly, You agree that such consent shall continue to remain for the duration of your contractual engagement with the company, or for longer as may be permissible or required by applicable laws.
  3. PURPOSE OF THE PLATFORM
    1. GigIndia’s role is limited to ensuring that the tasks assigned by the Client to GigIndia are performed by the respective Users through the Platform in the agreed time and manner.
    2. While providing Your Services on the Platform You may have access to comments, remarks, data, invoices, feedback, text, photographs, images, video, or any other content or information that You may post and/or upload on Our Platform or provide to Us, including such content or information that is posted on Our Platform in response to questions “User Content”. You acknowledge, agree and understand that You are solely responsible for: (a) ensuring the accuracy and legality of any User Content; (b) performing any Services; and/or (c) assessing as a matter of right whether to perform and/or deliver any Service or not. GigIndia does not make any representations about or guarantee the truth or accuracy of any Client’s listings or other User Content on the Platform. You further acknowledge, agree and understand that GigIndia may choose not to verify any feedback or information provided by Users or perform background checks on a User. You are solely responsible for any legal action that may be instituted by Clients or third parties as a result of or in connection with Your User Content.
    3. To the extent User Content is shared with the Company, the User grants the Company a fully transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify or create derivative works based on, display, and otherwise use the User Content. In particular without limitation, the Company may use the User Content for research and development to improve or modify the Services, in which case the User shall have no right, title or interest in such improved or modified Services. The Company reserves the right to use or modify User Content licensed to it, without providing the User with reason or notice.
    4. You further acknowledge, agree and understand that: (i) You are not an employee of GigIndia and/or its Affiliates, and You are not eligible for any of the rights or benefits of employment (including unemployment and/or social security benefits as that of regular employees); (ii) the relationship between You and GigIndia and/or its Affiliates is of an independent contractor only; (iii) You are not intended or deemed to be an employee of GigIndia and/or its Affiliates in connection with the performance of the Services; (iv) Nothing in these Terms of Use is intended to or should be construed to create an employer-employee relationship, a partnership, joint venture, franchisor/franchisee relationship between GigIndia and/or its Affiliates and a User; and (v) You have no, and shall not have any, right, power or authority to: (a) assume or create any obligation of any kind, express or implied in the name of, or on behalf of GigIndia and/or its Affiliates, or to bind GigIndia and/or its Affiliates in any manner for the payment of money or otherwise; or (b) be entitled to any workers’ compensation, pension, retirement, insurance or other employee-related benefits.
    5. You acknowledge, agree, and understand that (i) GigIndia reserves the right to recover damages from You and Your Fee for any acts or omissions by You and GigIndia will not have any liability or obligations for the same; (ii) You are free to determine Your participation to perform Services (iii) You will be paid at such times and such amounts as may be specified by on the Platform for performing a particular Service and GigIndia does not, in any way, provide or guarantee You any minimum Fees, regular payments, etc; and (iv) GigIndia does not provide the premises at which You will perform the Services.
    6. Nothing in these Terms of Use is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any User from engaging in any other business activities or providing any services through any other channels they choose. Users are free at all times to engage in such other business activities and services as they may deem fit.
    7. You agree and understand that a Client is solely responsible for and has complete discretion on certifying the satisfactory completion of any tasks. You shall perform/deliver the Services as per the quality standards, performance parameters, timelines, methods and process as mentioned on the Platform or the task assignment sheet consisting details of the tasks communicated separately to You.
  4. INDEPENDENT CONTRACTOR ARRANGEMENT
    1. You agree that You will perform the Services under this Agreement as an independent contractor. Nothing in this Agreement shall imply that You will be required to provide services exclusively to GigIndia. Unless expressly specified by the Company in writing, You shall not have any right or power whatsoever: (i) to contract, and/or make any decisions/representations on behalf of GigIndia and/or its Affiliates; (ii) bind/commit GigIndia and/or its Affiliates in any way in relation to third parties and shall not hold yourself out as having any such authority.
    2. Nothing contained in this Agreement shall be construed as creating an employer–employee relationship between GigIndia and/or its Affiliates and You. You shall not in any way or to any party represent to be or hold yourself out as an employee of GigIndia and/or its Affiliates.
    3. Nothing in this Agreement shall deem You to be an agent/authorised representative of GigIndia and/or its Affiliates. Furthermore, nothing contained in this Agreement shall constitute a partnership or joint venture between You and the Company and/or its Affiliates for any purpose whatsoever.
  5. PAYMENT OF FEES
    1. In consideration of successful completion of Services provided by You under these Terms of Use, You shall be eligible to receive Fees as per the rates which are specified to You before initiating the Services.
    2. Upon completion of Services, You shall generate and submit invoices for Services performed and/or delivered by You. You shall not be eligible to receive any Fees or any other amount for incomplete tasks/Services and the payment of Fees shall be contingent upon successful certification or validation by the Client.
    3. You hereby authorise Us to remit Your Fees to Your bank account linked to Your Account using solutions offered by our payment technology partners. You agree and understand that We, on a best-efforts basis, will clear undisputed invoices on submission of invoices by You.
    4. You will provide us with a valid set of onboarding documents as requested by us not only limited to Bank Account Number and Permanent Account Number (PAN). In case the bank account number to us is invalid or does not belong to you, Gig India reserves the right to withhold the payments.
    5. All the payments made by Us under these Terms of Use shall be made in Indian Rupees. All payments by Us to You under these Terms of Use shall be subject to the deduction of applicable taxes under the Income Tax Act, 1961 and other applicable laws.You will provide us a valid Permanent Account Number (PAN) issued by the income tax authorities. In case the PAN provided to us is invalid or does not belong to you, GigIndia reserves the right to deduct taxes at higher rates as prescribed under the applicable law.
    6. You agree to notify Us immediately if a Client suggests to You to collect, process or facilitate payments from them. If You are aware of a breach or potential breach of this Clause, You shall immediately inform Us about the same.
    7. You acknowledge and agree that You are responsible (a) for all tax liability associated with payments received from GigIndia; (b) to comply with all regulatory, statutory and legal obligations under any law applicable and for the time being in force (c) for determining whether You are required by applicable law to issue any particular invoices for Your Fees; (d) for determining whether You are required by applicable law to remit to the appropriate authorities any Goods and Services Tax (GST) or any other taxes or similar charges applicable to Your Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate.
  6. RECORDS OF COMPLIANCE
    1. You will: (a) create and maintain records to document fulfilment of Your obligations under these Terms of Use, including, without limitation, Your compliance with tax laws, and (b) provide copies of such records to GigIndia upon request. Nothing in this Clause requires or will be construed as requiring GigIndia to supervise or monitor Your compliance with these Terms of Use. You are solely responsible for creation, storage, and backup of Your business records. These Terms of Use and any registration for or subsequent use of the Platform will not be construed as creating any responsibility on GigIndia’s part to store, backup, retain, or grant access to any information or data for any period.
  7. CONFIDENTIALITY AND DATA PROTECTION OBLIGATIONS
    1. You represent and undertake that You will: (i) keep Our and Our Client’s Confidential Information and Personal Information secret and confidential; (ii) not disclose the Confidential Information and/or Personal Information in whole or in part to any other person without obtaining Our prior written consent; (iii) use the Confidential Information including Personal Information solely in connection with the performance of the Services offered through the Platform; (iv) safeguard the Confidential Information and Personal Information with the same degree of care to protect the secrecy thereof and to avoid its disclosure and unauthorized use as You use to protect Your own confidential or Personal Information, but in no case less than reasonable care; and (v) notify Us in writing immediately upon the occurrence of any disclosure or unauthorized use of any Confidential Information and/or Personal Information.
    2. If and to the extent that You collect, access, use, store, record, or otherwise process (collectively “Process”) any Personal Information received/accessed/obtained/collected by You in connection with performing Your obligations under these Terms of Use, You agree to:
      1. comply with applicable data protection laws, rules and regulations governing the collection, use, protection, breach notification, retention, disclosure of Personal Information including but not limited to the Act and the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011 (“Data Protection Laws”), including any requirements applicable to storage or cross-border transfer of Personal Information outside India;
      2. the obligation to protect Personal Information shall survive in perpetuity; and
      3. process Personal Information solely to fulfil Your obligations under these Terms of Use and not process in a manner detrimental to someone’s privacy.
      4. not sell, rent, lease or otherwise make an unauthorized disclosure of Personal Information to any third party.
      5. not store, retain, create unauthorized copies of Personal information
    3. If and to the extent that You provide Yours or others’ Personal Information to Us for processing, You warrant that such Personal Information was collected lawfully, and there is no restriction on You under the Data Protection Laws from providing such Personal Information to Us or any processing of such Personal Information by Us under these Terms of Use. We will use the information provided by You in accordance with these Terms of Use and our Privacy Policy available on our Platform.
  8. INTELLECTUAL PROPERTY RIGHTS
    1. All rights, title and interest in the trade names, the Platform and its process, service marks, inventions, copyrights, trade secrets, patents, arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, content, materials, sounds and music (if any), artwork, algorithm and computer code, illustrations, artwork, software and other elements (and any combination thereof) ( “GigIndia Property/Intellectual Property” ) except any third-party software available on the Platform, is owned by GigIndia and is protected by copyright, patent and trademark laws, and various other laws pertaining to intellectual property rights. Except as specifically provided herein or elsewhere on our Platform, no GigIndia Property may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under these Terms of Use, by any person or entity, without Our prior written consent. You shall not add, delete, distort, or otherwise modify any GigIndia Property. Any unauthorized attempt to modify any GigIndia Property, to defeat or circumvent any security features, or to utilize our Platform or any part of GigIndia Property for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this clause, GigIndia hereby grants You a non-exclusive, revocable, non-transferable access to view GigIndia Property on the Platform.
    2. The trademarks, logos and service marks ( "Marks" ) displayed on the Platform except any third-party Marks are Our property. You are not permitted to use the Marks without Our or the relevant third party’s prior written consent, as may be applicable.
  9. REPRESENTATIONS AND WARRANTIES
    1. You hereby represent and warrant that You will undertake not to:
      1. defame, abuse, harass, threaten or otherwise violate the legal rights of others;
      2. commit any illegal, immoral, unethical, unlawful, unsafe act during the course of performing/delivering the Services;
      3. copy, post, publish, display, upload, translate, transmit, reproduce, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information or any Content on the Platform;
      4. upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents; do any such thing that may harm any person, in any way; upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;
      5. engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
      6. attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, or through the Platform, by hacking, password mining or any other illegitimate means;
      7. probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You shall not reverse look-up, trace or seek to trace any information on any other User, Clients or visitor of the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to Personal Information, other than Your own information, as provided on the Platform;
      8. disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
      9. use any device or software to interfere or attempt to interfere with the proper functioning of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
      10. use the Platform or any GigIndia Property for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
      11. impersonate any other User, Client or third party nor shall You collect or store their data;
      12. violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
      13. violate these Terms of Use contained herein or elsewhere;
      14. threaten the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting for any other nation; and
      15. reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
      16. Furthermore, You shall be responsible to procure and maintain all no-objection certificates, approvals, licenses, compliances, and other documentations specifically in relation to accessing the Platform and providing Services including but not limited to licenses, approvals, certifications required by the regulatory authorities, government bodies, municipal corporations, local bodies, or other relevant authorities and shall enable GigIndia to verify and inspect such documentation, at any time for any purposes whatsoever.
      17. Additionally, You shall provide relevant documents required by the authorities or by GigIndia to avail the licenses/registrations and approvals (including but not limited to signing applications and documents required in such behalf). While obtaining such licenses/registrations and approvals, You shall solely be responsible towards paying the associated statutory fees, penalties and shall ensure compliance in this regard. Further, You shall not claim back or raise any request for reimbursement from GigIndia in respect of such costs.
      18. Finally, in cases of any notice, summons, show cause, or any litigations arising out or in relation to Your acts, omissions and/or Services, You shall make adequate representations at Your own cost before relevant authorities or adjudicatory forums as may be required. You shall also ensure that GigIndia is neither made a party to such proceedings/enquiry nor is involved in any other manner whatsoever.
    2. You agree not to access (or attempt to access) the Platform by any means other than through the interface provided by Us. You further agree not to use any ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Platform or its content or in any way reproduce, or circumvent the navigational structure, presentation of the Platform, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Platform. We reserve our right to bar any such activities.
    3. You hereby represent and undertake that You have not received any notice from any third party or any governmental authority and also no litigation is pending against You in any court of law, which prevents You from accessing the Platform.
    4. You shall ensure that while using the Platform, You shall not behave in a manner that would be construed as being in violation of the Company’s policies appliable to Independent Contractors and of applicable law, as in force from time to time.
  10. DISCLAIMER
    1. You expressly agree, acknowledge and understand that, to the maximum extent permitted by applicable law:
      1. The Platform is being provided by GigIndia on an as is and on an as available basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, GigIndia makes no warranty that (i) the Platform, will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; or (ii) the quality of the Platform will meet Your expectations or requirements; or (iii) Your use of the Platform will be uninterrupted, timely, secure or error-free including failure of technology or modifications thereof; or (iv) any errors or defects in the Platform will be corrected.. No advice or information, whether oral or written, obtained by You from GigIndia shall create any warranty not expressly stated in these Terms of Use. To the maximum extent permitted by applicable law, GigIndia disclaims all express and implied conditions, representations, and warranties including, but not limited to, the warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement;
      2. GigIndia disclaims all liability with respect to the misuse, loss, modification or unavailability of any User Content;
      3. GigIndia shall not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge;
      4. GigIndia shall not be liable for any illegal, immoral, unethical, unlawful, unsafe act committed by You;
      5. GigIndia will have no liability related to any User Content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. GigIndia also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content; and
      6. You shall not hold GigIndia responsible for any delay or Your inability to use the Platform, the provision of or failure to provide any or all functionalities of the Platform, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, GigIndia shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension/disruption of access to the Platform that may occur due to technical reasons or for any reason beyond GigIndia’s control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems, mobile devices or loss of data that may result from the download of such material or data.
    2. You further agree and understand that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. GigIndia disclaims all liabilities arising in relation to such offensive content on the Platform.
  11. LIMITATION OF LIABILITY
    1. We shall not be liable, and You agree not to hold Us responsible, for any damages or losses arising out of or in connection to the following including, but not limited to:
      1. Your use of or Your inability to use Our Platform;
      2. delays or disruptions in Our Platform;
      3. viruses or other malicious software obtained by accessing, or linking to, Our Platform, glitches, bugs, errors, or inaccuracies of any kind in Our Platform;
      4. damage to Your hardware device from use of the Platform;
      5. content, actions, or inactions of third parties’ use of the Platform;
      6. a suspension or other action taken with respect to Your Account;
      7. Your reliance on the quality, accuracy, or reliability of listings found on, or made available through the Platform;
      8. Any claims, defaults, or liabilities whatsoever raised by Clients against You or otherwise;
      9. Your need to modify practices, content, or behaviour or Your loss of or inability to do business, as a result of changes to these Terms of Use.
    2. In no event We shall assume or have any responsibility or liability for any content posted by You or on Your behalf on the Platform or for claims, damages, or losses resulting from its use and/or appearance of it on the Platform. You hereby represent and warrant that You have necessary rights to all the content You provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any misleading, libellous, tortious, or otherwise unlawful information.
    3. It is possible that other Users, unauthorized persons or ‘hackers’ may post or transmit offensive or obscene material on the Platform and that You may be involuntarily exposed to such material. It may also be possible for others to obtain Personal Information about You due to Your use of the Platform and use such information to harass or injure You. We do not approve of such unauthorized uses but by using the Platform, You acknowledge and agree that We are not responsible for the use of any Personal Information that You publicly disclose or share with others on the Platform.
  12. RELEASE
    1. You hereby release Us, Our affiliates, and Our respective officers, directors, agents, subsidiaries, employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute You may have with a Client, whether it be at law or in equity that exist as of the time You click on the ‘I Accept’ button or thereafter. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Services provided to Client by You.
  13. INDEMNIFICATION
    1. You hereby agree and undertake to indemnify, defend, and hold harmless Us and our Affiliates and Clients, including but not limited to their officers, directors, consultants, agents, and employees ( “Indemnitees” ) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms. Additionally, You agree to hold all Indemnitees harmless against all Indemnified Claims and Indemnified Liabilities and any other liabilities of whatsoever nature relating to or arising out of: (a) Your use of the Platform; (b) any User Content developed, provided, or otherwise related to Your use of the Platform; (c) classification of GigIndia as Your employer, any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, social security benefits or any other employee benefits; (d) Your failure to comply with these Terms of Use; (e) Your failure to comply with applicable laws; (f) negligence, wilful misconduct, or fraud committed by You; (g) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by You; and (h) any illegal, immoral, unethical, unlawful, unsafe act committed by You. Furthermore, in no event shall the Company and the Indemnitees be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your Service or your dealing with Clients, use of or access to the Platform or Content on the Platform. These limitations and exclusions herein shall apply to the maximum extent permitted by applicable laws.
  14. TERM AND TERMINATION
    1. These Terms of Use would be applicable until terminated by GigIndia. If You object to these Terms of Use or are dissatisfied with the Platform, Your only recourse is to stop accessing the Platform, uninstall the App or deregister from the Website. GigIndia may, at its sole discretion, bar Your use of the Platform at any time, with or without reason. Even after Your Account is disabled, dormant or made inactive, these Terms of Use agreed by You at the time of registration will remain in effect for GigIndia.
    2. Without limiting Our other rights or remedies, We may, but are not obligated to, temporarily or indefinitely delist You, revoke or limit Your access to the Platform, deny Your registration, or permanently revoke Your access to the Platform, temporarily or indefinitely suspend/terminate/block Your Account, and refuse to provide You any or all features of the Platform if: (i) You breach the letter or spirit of these Terms of Use; (ii) We suspect or become aware that You have provided false, inaccurate, incomplete, obsolete or misleading information to Us; (iii) We believe, in Our sole and absolute discretion, that Your actions may cause legal liability for Us, Our Users, or our Affiliates; may be contrary to the interests of the Platform or the User community; or may involve illicit or illegal activity; (iv) We are required to by law, legal process, or law enforcement; or (v) We believe, in Our sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited these Terms of Use.
    3. Except as otherwise required by law, if Your Account is closed for any reason, You will no longer have access to data, messages, files, or other material on the Platform and any closure of Your Account may involve deletion of any content stored in Your Account for which GigIndia will have no liability whatsoever. GigIndia, in its sole discretion and as permitted or required by law, may retain some or all of Your Account information.
    4. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until GigIndia chooses to terminate them.
  15. GENERAL
    1. These Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws, principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore Karnataka.
    2. You hereby expressly agree to receive communications from Us by way of Short Message Service (“SMSs”) and/or e-mails and/or WhatsApp, push notifications through our Platform.
    3. These Terms of Use sets forth the entire agreement and understanding between You and GigIndia relating to the subject matter hereof and it cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between You and Us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. By clicking on the ‘I Accept’ check box, You represent that You have clearly read, understood and have accepted to be bound by these Terms of Use.
    4. After these Terms of Use terminates, any provision contained herein that expressly or by their nature contemplate performance after termination will survive and continue in full force and effect.
    5. The section headings in these Terms of Use are included for ease of reference only and have no binding effect. You represent that You had ample time to review and decide whether to agree to these Terms of Use.
    6. No modification or amendment to these Terms of Use will be binding upon GigIndia unless they are agreed in a written instrument signed by a duly authorized representative of GigIndia or posted on the Platform. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches.
    7. If any provision of these Terms of Use is deemed by any court of competent jurisdiction to be illegal, invalid or unenforceable, it shall in no way affect or prejudice the legality, validity or enforceability of other provisions of these Terms of Use. If any provision of these Terms of Use is deemed by such court to be unenforceable because such provision is too broad in scope, then such provision shall be construed to be limited in scope to such extent that it is deemed necessary to make it enforceable, and if any provision is deemed inapplicable by such court to any person or circumstances, it shall nevertheless be construed to apply to all other persons and circumstances.
    8. User shall not assign these Terms of Use, or any of its rights or obligations hereunder, without GigIndia’s prior written consent in the form of a written instrument signed by a duly authorized representative of GigIndia. GigIndia may freely assign these Terms of Use without User’s consent. Any attempted assignment or transfer in violation of this clause will be null and void. Subject to the foregoing restrictions, these Terms of Use are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
    9. GigIndia will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labour disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of GigIndia.
    10. GigIndia makes no representations that the Platform is appropriate or available for use outside of India. Those who access or use the Platform from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable foreign, Indian, state, and local laws and regulations, including, but not limited to, export and import regulations.
    11. In connection with these Terms of Use, We may provide You with certain records from GigIndia, such as contracts, notices, and communications, in writing. To facilitate Your use of the Platform, You give us permission to provide these records to You electronically instead of in paper form.
    12. Assignment:You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. GigIndia’s rights under the Terms are freely transferable to any third party without the requirement of seeking Your consent.
    13. Severability: If for any reason, a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
    14. Waiver: Any failure by GigIndia to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by GigIndia of that provision or right.
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