Wellkots India Services (“Maintaino”) primarily operates, controls and manages the Services (as defined below) provided by it from its Head office at Plot No. 169 Jai Shree Vihar, Raipura Road, near Career Point School Kota,Rajasthan -324001
- Acceptance of Terms
The Website is owned Wellkots India Services (“Maintaino”) and operated by Go Insta solutions Pvt. Ltd.
(1) You are either a Service Professional or a prospective Service User,
(3) You authorize the transfer of payment for Services requested through the use of the Website.
YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.
- Membership and Accessibility
- LICENSE TO ACCESS
- MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.
You need not register with Wellkots India Services (“Maintaino”) to simply visit and view the Website, but to access and participate in certain features of the Website, you will need to create a password-protected account (“Account”). To create an account, you must submit your name and email address through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Wellkots India Services (“Maintaino”) in providing you.
You are solely responsible for safeguarding your Wellkots India Services (“Maintaino”) password. “Passwords”) at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Wellkots India Services (“Maintaino”) immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without Wellkots India Services (“Maintaino”) permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.
You hereby expressly acknowledge and agree that you yourself and not Wellkots India Services (“Maintaino”) will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Wellkots India Services (“Maintaino”) or others due to such unauthorized use.
An Account holder is sometimes referred to herein as a “Registered User.”
You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):
- You will not copy or distribute any part of the Website in any medium without Wellkots India Services (“Maintaino”) prior written authorization.
- You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
- You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
- You shall not use any automated system, including but not limited to, “robots,” “spiders,” “offline readers,” “scrapers,” etc., to access the Website for any purpose without Wellkots India Services (“Maintaino”) prior written approval.
- You shall not in any manual or automated manner collect Service Proficient or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a “mirrored”, competitive, or third party site.
- You shall not recruit, solicit, or contact in any form Service Proficient or Service Users for employment or contracting for a business not affiliated with Wellkots India Services (“Maintaino”) without express written permission from Wellkots India Services (“Maintaino”).
- You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
- ADDITIONAL POLICIES
You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, Wellkots India Services (“Maintaino”), in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.
- Member Conduct
- PROHIBITIONS ON SUBMITTED CONTENT
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile (“Profile”), the posting of your Service (“Offer”), the posting of your desired Service (“Want”), or the posting of any opinions or reviews in connection with the Website, the Service, the Service Professional, or the Service User (“Feedback”) (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:
- invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
- contains falsehoods or misrepresentations that could damage Wellkots India Services (“Maintaino”) or any third party;
- is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
- is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
- intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a Wellkots India Services (“Maintaino”) employee, agent, manager, host, another user, or any other person though any means;
- PROHIBITIONS ON SENDING MESSAGES
You will not send messages to other users containing:
- offers to make national money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or
- Unsolicited advertising or marketing of a service not offered on the Website or an external website.
- NO DISCRIMINATION
- Discriminatory Postings. Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. Wellkots India Services (“Maintaino”) will not knowingly accept any Posting which is in violation of the law. Wellkots India Services (“Maintaino”) has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.
As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback:
(a) Threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided;
(b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and
(c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.
- Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, Wellkots India Services (“Maintaino”), in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.
- Reporting Inappropriate Use of Feedback. You may contact Wellkots India Services (“Maintaino”) regarding any inappropriate use of Feedback via-email at email@example.com
- Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning Feedback, Wellkots India Services (“Maintaino”) shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE CONCERNING FEEDBACK, WELLKOTS INDIA SERVICES (“MAINTAINO”) HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.
The foregoing lists of prohibitions provide examples and are not complete or exclusive. Wellkots India Services (“Maintaino”) reserves the right to (a) terminate your access to your Account, your ability to post to this Website (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Wellkots India Services (“Maintaino”) determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services. Wellkots India Services (“Maintaino”) reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that Wellkots India Services (“Maintaino”) deems appropriate in Wellkots India Services (“Maintaino”) sole discretion. Wellkots India Services (“Maintaino”) may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Wellkots India Services (“Maintaino”) discretion, Wellkots India Services (“Maintaino”) will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet.Wellkots India Services (“Maintaino”) does not and cannot review every Posting posted to the Website. These prohibitions do not require Wellkots India Services (“Maintaino”) to monitor, police or remove any Postings or other information submitted by you or any other user.
- Rules for Service Proficient
- PROFILES AND OFFERS MUST NOT BE FRAUDULENT
(a) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering;
(b) Misrepresent the location at which they will provide a Service;
(c) Include brand names or other inappropriate keywords in their Profile, Offer, Want, Feedback, or any other title or description relating to a Service;
(d) Use misleading titles that do not accurately describe the Service
- PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT WELLKOTS INDIA SERVICES (“MAINTAINO”) FEES
(a) offer a catalog or a link to a third-party website from which Service Users or any Registered User or user of the Website may obtain the Service directly;
(b) Exceed multiple Posting limits;
(c) Post a single Service but offer additional identical services in the Service description;
(d) Offer the opportunity through Wellkots India Services (“Maintaino”) to purchase the Service or any other service outside of Wellkots India Services (“Maintaino”); (f) use their Profile page or user name to promote services not offered on or through the Website and/or prohibited services.
In case we realize that any professional is involved in any of the above activities, Wellkots India Services (“Maintaino”) holds the sole discretion to blacklist the professional and withhold any outstanding credits or payments to the professional.
- PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL WEBSITE USERS
- (c) Use Paytm QR code from opposite of Proficient ID card.
- CONSENT FOR REACHING OUT VIA PHONE CALL, SMS, EMAIL OR ANY OTHER FORM OF ELECTRONIC COMMUNICATION
It is further clarified that your registration on the Website shall be deemed to be your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form
- SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFICIENT
If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, Wellkots India Services (“Maintaino”), in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Professional’s Account privileges; (c) suspend the Service Professional’s Account; (d) cause the Service Professional to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Professional’s status earned via the Feedback page.
- Rules for Service Users
- SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service Professional’s terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by Wellkots India Services (“Maintaino”) in connection with the use or purchase of any Service.
- WELLKOTS INDIA SERVICES (“MAINTAINO”) OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE
The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by Wellkots India Services (“Maintaino”). Other trademarks, names and logos on this Website are the property of their respective owners.
Data on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Wellkots India Services (“Maintaino”) reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
- Wellkots India Services (“Maintaino”) Fees
- FEES INCURRED BY SERVICE PROFICIENT
Joining Wellkots India Services (“Maintaino”), opening an Account, posting Services and viewing posted Services is free. Wellkots India Services (“Maintaino”) reserves the right at its sole discretion to charge fees to Service Proficient for other services that Wellkots India Services (“Maintaino”) may provide in the future.
- FEES INCURRED BY SERVICE USERS
Joining Wellkots India Services (“Maintaino”), opening an Account, viewing posted Services, and bidding on posted Services is free. Wellkots India Services (“Maintaino”) currently does not charge Service Users for transactions completed on the Website between Service Users and Services Proficient. However, Wellkots India Services (“Maintaino”) reserves the right to charge a fee to Service Users in the future on a per-transaction basis or in any other manner, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after Wellkots India Services (“Maintaino”) has provided you with seven days’ notice by posting the changes on the Website.
You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Professional who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that Wellkots India Services (“Maintaino”) shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Professional.
- REFUND POLICY
All commissions payable to Wellkots India Services (“Maintaino”) by Service Proficient on consummated transactions, i.e. exchange of services for consideration, are final and non-refundable.
All monies paid by Service Proficient in form of “Credits” are non-interest bearing and shall be refunded to the Service Proficient if they remain un-utilised for a period greater than 30 days only. Such amounts shall not be refunded prior to that.
- Negotiation of Terms of Service; Disputes Between Registered Users
- NEGOTIATION WORKSHEET AND CONTRACT TEMPLATE
As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, Wellkots India Services (“Maintaino”) provides a general framework for negotiating the terms of Service (e.g., rate) (“Negotiation Worksheet”). Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Negotiation Worksheet.
You should not rely on the any information or resources contained on the Website, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any professional, financial, legal or other advice or counsel. Wellkots India Services (“Maintaino”) makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Websites, including, without limitation, the Negotiation Worksheet. In no way will Wellkots India Services (“Maintaino”) be responsible for any actions taken or not taken based on the information or resources provided on this Website. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Website, however provided.
- WELLKOTS INDIA SERVICES (“MAINTAINO”) IS NOT A PARTY TO ANY SERVICE CONTRACT
Each Registered User hereby acknowledges and agrees that Wellkots India Services (“Maintaino”) is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website. Each Registered User acknowledges, agrees and understands that Wellkots India Services (“Maintaino”) only seeks to provide a platform wherein the Service User and Service Professional can be brought together and Wellkots India Services (“Maintaino”) itself has not role in the execution or provision of Services.
- NO AGENCY OR PARTNERSHIP
wherein Service Users and Service Proficient have an opportunity to meet each other.
- GOVERNING LAW
Aspects of the Website and other Wellkots India Services (“Maintaino”) services may be supported by advertising revenue. As such, Wellkots India Services (“Maintaino”) may display advertisements and promotions on the service. The manner, mode and extent of advertising by Wellkots India Services (“Maintaino”) on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by Wellkots India Services (“Maintaino”) of any advertised products or services. You agree that Wellkots India Services (“Maintaino”) shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.
- Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WELLKOTS INDIA SERVICES (“MAINTAINO”) AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFICIENT, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHEREIS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WELLKOTS INDIA SERVICES (“MAINTAINO”) DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WELLKOTS INDIA SERVICES (“MAINTAINO”) DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. WELLKOTS INDIA SERVICES (“MAINTAINO”) WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFICIENT OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- FORCE MAJEURE
- General Information
© 2017 Wellkots India Services (“Maintaino”) . All Rights Reserved