A. ELIGIBILITY
i. You claim that you have attained at least 18 (eighteen) years of age and are therefore eligible to receive/ provide the services.
ii. You are competent to enter into a contract under the Applicable Laws.
B. REGISTRATION & PROVIDING DETAILS:
You agree to provide personal details like name, mobile number, location, photograph if required and any other information, in the DAKSHA App for Profile Creation and Registration purpose through the ‘Sign-In’ page. Your personal information will be recorded and stored in the DAKSHA App for official record.
In case you opt to become a service provider in the DAKSHA App you agree to provide additional information such as Work location, Job Role Experience, information on known languages under the ‘Be Service Provider’ section. You also agree to respond to Service Requests and if you are unavailable to provide service you agree to activate the ‘switch off’ mode available in the Service Provider profile in the DAKSHA App.
C. SERVICES
By using the Application or the Service, you further agree that:
i. You will be availing the services and will be using the website/ application for your sole, personal use and will not resell or assign it to a third party/ You will be providing services in your personal capacity and will not assign or sub-contract the provision of services to any other individual or entity.
ii. The Service or Site will not be used for unlawful purposes
iii. You will not try to harm the Service, Site, App or network.
iv. You will not cause any harm to any other person or damage to property during the provision/ availing of services.
v. You shall not use any account that is subject to any rights of a person other than you without appropriate authorization.
vi. You will provide DAKSHA/ASDM with information and documents which DAKSHA/ASDM may reasonably request.
vii. Only authorized network to be used for availing the Service.
viii. You will comply with all Applicable Law of domicile and residence of the country, state and/or city in which You are present while using the Site/App or Service and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder (amendments from time to time).
D. ARRANGEMENT BETWEEN CUSTOMER AND SERVICE PROVIDER:
BY agreeing to provide services to the client/ customer or by requisitioning services through this site/App, you agree that there will be a separate arrangement between the client and the service provider. The terms of the arrangement including the quality of services, provision of services, payment, time of services etc shall be as agreed between the parties. ASDM/ DAKSHA, being only a platform for providing interface between the client and the service provider, will not be responsible for the adherence to the terms and conditions of the contract.
E. USE OF CONTENT AND TRADEMARKS:
All registered and/or unregistered trademarks and/or service marks (collectively, "Marks") used or referred to on this web site/App are the property of ASDM/ DAKSHA, unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without ASDM’s/ DAKSHA’s prior written permission.
F. LINKS TO THIRD PARTY SITES:
The Daksha App/ web site may contain links to third party web sites, which are not under the control of ASDM/ DAKSHA. ASDM/DAKSHA makes no representations whatsoever about any other web site to which you may have access through the Daksha web site. When you access a third-party web site, you do so at your own risk and acknowledge that ASDM/ DAKSHA is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that ASDM/DAKSHA shall not be liable for any loss or damage of any sort incurred as the result of using any third party's web site. Mention of third party companies and web sites on the ASDM/DAKSHA web site is for informational purposes only and does not constitute an endorsement or recommendation.
G. TERMINATION:
DAKSHA/ASDM reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements.
H. INDEMNIFICATION
By accepting these User Terms and using the Service, you agree that you shall defend, indemnify and hold DAKSHA/ASDM their affiliates, their licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party, including misuse of the Application or Service; (c) any other liability incurred as a result of your action by virtue of providing/ availing services through this App/ Site.
I. LIMITATION OF LIABILITY:
In no event, shall DAKSHA / ASDM be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever, whether based on contract, tort, negligence, strict liability or otherwise, resulting due to the services provided/ availed by using the app/website.
J. PROMOTION OF THE SERVICE:
By accepting the User Terms, you also allow DAKSHA/ASDM to send you promotional emails and SMS alerts from time to time. Further, DAKSHA/ASDM will store the information provided by you or may record your calls for contacting you for all Service related matters. You shall promptly inform DAKSHA/ASDM on any change in the information provided by You.
K. FORCE MAJEURE
ASDM/ DAKSHA shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
L. DISCLAIMER OF WARRANTY:
While every effort is made to ensure accuracy, ASDM/DAKSHA makes no warranty that this web site/ App will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does ASDM/DAKSHA make any warranty as to the results that may be obtained from the use of this web site/App or as to the accuracy or reliability of any information obtained through this web site. User/ Service Provider understands and agrees that any content downloaded or otherwise obtained through the use of this web site/App or service provided/ availed is done at user's/ service provider’s own risk and that client/ Service provider will be solely responsible for any damages that results from the use of the website/App or use of services.
Unless expressly stated otherwise, ASDM/ DAKSHA provides this site content "as is" and without warranties of any kind, either express or implied, to the fullest extent allowable by law. This includes the implied warranties of merchantability, noninfringement of intellectual property, and fitness for a particular purpose. In no event shall ASDM/ DAKSHA, be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption or loss of information) arising out of the use or inability to use the site/app content, even if ASDM/ DAKSHA has been advised of the possibility of such damages.
M. APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site/ App, the Service or the Application (collectively, "Disputes") the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of DAKSHA/ASDM as DAKSHA/ASDM may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by ASDM and You. The place of the arbitration shall be Guwahati, Assam. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of the Hon’ble Gauhati High Court, Guwahati, Assam.