[vc_section][vc_row][vc_column][vc_custom_heading text=”Terms & Conditions” use_theme_fonts=”yes”][vc_column_text]INTRODUCTION
Explorium Innovative Technologies Private Limited (“GigIndia” or “we”) is an application aiming at bridging the gap between the student and the industry. It does so in three sections: Earn Now,
Paid Internships & Tailor-made Jobs. These services are provided by GigIndia through an application you download to your mobile device (the “Application”) and at the Internet site https://gigindia.co/
(the “Site” and, together with any related software, tools and services provided in connection with the Application or Site, the “GigIndia Service”). Please read the following terms and conditions
GigIndia Service and all Site Content, and constitute a binding legal agreement between you and GigIndia.
You acknowledge and agree that, by clicking on the “accept terms” button, registering for a Gigindia account, downloading of the application or any application upgrades, using the application on your mobile device, or accessing or using the gigindia service, or by downloading, submitting the content from, on, or through the gigindia service, you are indicating that you have read, understood and agree to be bound by these terms of service. If you do not agree to these terms of service, then you have no right to access or use the GigIndia service or site content.
If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “you” and “your” shall refer and apply to that company or other legal entity.
GigIndia reserves the right, at its sole discretion, to modify, discontinue or terminate the GigIndia Service, or to modify Terms of Service, at any time without prior notice. In case of modifications, necessary notifications shall be issued when suitable. By continuing to access or use the GigIndia Service after a modification, you indicate agreeing to the modified Terms of Service.
If the modified Terms of Service are not acceptable, the only recourse is to cease using the GigIndia Service.
Certain portions of the GigIndia Service may, or may in the future, have different terms and conditions or may require you to agree with and accept additional terms and conditions.
GigIndia may, in its sole discretion, make premium or different applications, software or services available to you that is subject to different terms and conditions and narrower licenses than as set forth therein. If there is a conflict between these Terms of Service and terms and conditions posted for a specific portion of the GigIndia Service, each Term of Service shall hold relevance as per use of that particular portion. All Terms of Service hold significant and individual relevance. Any clash of Terms of Service shall not call for legal actions, yet call for instant resolution of the clash.
By accessing or using the GigIndia Service you represent and warrant to GigIndia that: (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent’s permission to use the GigIndia Service, and your parent has read and agrees to these Terms of Service on your behalf; (ii) all registration information you submit is accurate, current and complete; (iii) you shall maintain the accuracy and completeness of such information; (iv) if you are accepting these Terms of Service on behalf of a company or other legal entity, you have the authority to
bind that company or legal entity to these Terms of Service. You also certify that you are legally permitted to use and access the GigIndia Service and take full responsibility for the selection and use of and access to the GigIndia Service.
In order to access the GigIndia Service, you must register to create an account (“Account”) and become a Member. When registering with GigIndia you agree to: (a) provide true, accurate, current and complete information about yourself (or, if applicable, the Corporate Member you represent) as prompted by the GigIndia Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the GigIndia Service (or any portion thereof).
You may not authorize any third party (other than, if applicable, the employees, consultants or agents of the Corporate Member you represent) to access or use the GigIndia Service on your behalf. You are responsible for maintaining the confidentiality of the user ID, password, and other Account elements, and are fully responsible for all activities that occur under your account. You agree to immediately notify GigIndia of any unauthorized use of your user ID or password or any other breach of security. GigIndia shall not be liable for any loss or damage arising from any unauthorized use of your account.
By providing us with your email address, you agree to receive all required notices electronically, to that email address. From time to time, GigIndia shall send you notifications about product updates and improvements, company news and events, and updates from our community.
FEES AND PAYMENT
Your earnings or rewards for tasks completed shall be based solely on the number & quality of acceptable reports produced by GigIndia. GigIndia is not liable for rewards lost or not credited in your GigIndia Digital wallet due to internet connectivity issues, bugs in the GigIndia system or any other factor.
Reward amount or money credited to you in the GigIndia Wallet shall expire in case of 60 days of inactivity; if you do not visit GigIndia app at least once in 60 days then your Account shall be considered inactive and all amount in the wallet will expire.
For free users/unpaid users, a withdrawal fee of 10% of withdrawal amount shall be charged. The fee may be increased at any time without prior notice.
Other rewards redeemed by you are completed using a third-party application. GigIndia is not responsible for failed or unsuccessful transactions and repayment of the same.
GigIndia will not be held responsible for any loss of rewards or money in GigIndia Digital wallet while being transferred to Paytm wallet if you are not a valid user of the Paytm services or Paytm platform or if you have violated any Terms and Conditions of the Paytm services or Paytm platform.
GigIndia’s software and the texts, pictures, video, audio software, and other elements contained in the website, GigIndia’s service marks, logos and patents, trademark right, and computer software copyrights are legally owned by GigIndia.
During the Terms of Service, all the relevant interests or rights (including but not limited to the portrait right, name right, copyright, trademark right, and related derivative rights of the tasks or Application) performed by you shall be vested in GigIndia perpetually and exclusively. Without the prior written content of GigIndia, you shall not use or permit others to use any such interests or rights.
Without prejudice to any other rights and interests, both Parties agree that the title and intellectual property rights, the copyrights in particular of any works of you, including designs, content, picture or anything that is produced shall be exclusive, irrevocably, and perpetually vested in GigIndia.
GigIndia hereby declares that any content, intellectual property, online and offline brand stationery, or any other material of any legal entity used by you, while performing tasks, are not liable for
By accessing or by availing GigIndia Services, you agree not to: Violate the Terms of Service.
Impersonate any person or entity, falsely claim or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the GigIndia Services, perform any other similar fraudulent activity or otherwise avail GigIndia Services
with what we reasonably believe to be potentially fraudulent funds.
Infringe our or any third party’s intellectual property rights, rights of publicity or privacy.
Use the GigIndia Services if you are under the age of 18 years without a parental sponsor or, in any event, use the GigIndia Services if you are under the age of 13 years old even with a parental sponsor and in accordance with applicable law.
Post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person.
Post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature.
Refuse to cooperate in an investigation or provide confirmation of your identity or any other information provided by you to GigIndia.
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the GigIndia Services and the or features that enforce limitations on the use of the GigIndia Services.
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards GigIndia Services or any part thereof, except and only to the extent this is expressly permissible by applicable law.
Use the GigIndia Services o in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the GigIndia Services in an automated manner.
Modify, adapt, translate or create derivative works based upon the GigIndia Services or any part thereof, except and only to the extent that this is permissible by applicable law.
Intentionally interfere with or damage operation of the GigIndia Services or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features.
Use any robot, spider, other automatic devices, or manual process to monitor or copy the GigIndia Platform without prior written permission.
Interfere or disrupt the GigIndia Platform or networks connected to the GigIndia Platform.
Take any action that imposes an unreasonable or disproportionately large load on GigIndia’s infrastructure/network.
Use any device, software or routine to bypass the GigIndia Platform’s robot exclusion headers, or interfere or attempt to interfere, with the GigIndia Services.
Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the GigIndia Platform or to manipulate your presence on the GigIndia Platform.
Sell the GigIndia Services, information, or software associated with or derived from it.
Use the facilities and capabilities of the GigIndia Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
Breach this Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs.
Provide false, inaccurate or misleading information.
Use the GigIndia Platform to collect or obtain personal information, including without limitation, financial information, about other users of the GigIndia Platform, except and only as expressly provided in the T&Cs.
Avail GigIndia Services with what GigIndia reasonably believes to be potentially fraudulent funds.
Use the GigIndia Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to GigIndia, a third party or you.
Use the GigIndia Services in a manner that GigIndia or any payment card network reasonably believes to be an abuse of the payment card system or a violation of payment card network rules.
Take any action that may cause GigIndia to lose any of the GigIndia Services from its service providers or lose any of its business partners, payment processors or other suppliers.
Send automated request of any kind to the GigIndia Platform without express permission in advance from GigIndia.
If you breach any of these Terms of Service, GigIndia will have the right to suspend, disable or terminate your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. GigIndia reserves the right to revoke your access to and use of the GigIndia Service at any time, with or without cause. In the event GigIndia terminates these Terms of Service for your breach, you will remain liable for any and all amounts due hereunder. You may cancel your Account at any time from the application.
The GigIndia service and site content are provided “as is,” without warranty of any kind, either express or implied. Without limiting the foregoing, GigIndia explicitly disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade. GigIndia makes no warranty that the GigIndia service or site content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. GigIndia makes no warranty regarding the quality of any products, GigIndia service or site content purchased or obtained through the GigIndia service or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the GigIndia service.
No advice or information, whether oral or written, obtained from GigIndia or through the GigIndia service, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the GigIndia service and with other persons with whom you communicate or interact as a result of your use of the GigIndia service. You understand that GigIndia does not screen or inquire into the background of any users of the GigIndia service, nor does GigIndia make any attempt to verify the statements of users of the GigIndia service. GigIndia makes no representations or warranties as to the conduct of users of the GigIndia service or their compatibility with any current or future users of the GigIndia service. You agree to take reasonable precautions in all communications and interactions with other users of the GigIndia service and with other persons with whom you communicate or interact as a result of your use of the GigIndia service, particularly if you decide to meet offline or in person.
While you are working for GigIndia, and thereafter, you will hold in the strictest confidence, maintain as confidential, and not disclose to any third party, the following: Any and all information concerning GigIndia ‘s present or former customers, including their names and identities, locations and addresses, their employees and representatives, business practices, as well as the information
sought to be gathered, and actually gathered, in connection with the services provided by GigIndia to its customers.
Any and all information concerning GigIndia ‘s employees and representatives, as well as any information designated orally or in writing as confidential by GigIndia regarding GigIndia sales methods, plans, and records, GigIndia’s collections on behalf of its customers, all written communications, training and marketing materials, and all other like documents not disseminated to the general public,
including computer programs and printouts, as well as any other confidential information regarded by GigIndia’s as a trade secret or otherwise protected from disclosure under applicable law. You may, in accordance with the foregoing, use such information solely as necessary in your work for GigIndia.
You agree to defend, indemnify, and hold GigIndia, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the GigIndia Service, or your violation of these Terms of Service, including breach of any representations or warranties herein.
If you have breached this Agreement, it shall promptly cease breach behaviors and take corrective or remedial measures as required in an effort to minimize and eliminate adverse influence of the breach.
In the event that where you have breached this Agreement, GigIndia shall have the right to require you to indemnify GigIndia for any losses and expenses that may be incurred by GigIndia hereby.
If any dispute, controversy or claim arises under this Agreement or in relation to any GigIndia Service, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably.
If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, GigIndia may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Pune and the language of this
arbitration shall be English. Either you or GigIndia may seek any interim or preliminary relief from a court of competent jurisdiction in Pune necessary to protect the rights or the property belonging to you or GigIndia (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor GigIndia may disclose the
existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and GigIndia. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
The execution, performance and interpretation of this Agreement and dispute resolution shall be governed by the laws of India, excluding conflict of laws.
Any dispute arising from or related to this Agreement shall be settled by both parties through friendly negotiation; in case that negotiation fails, such dispute shall be resolved in Courts of Pune in accordance with its arbitration rules in force at the time of applying for arbitration.[/vc_column_text][/vc_column][/vc_row][/vc_section]