Terms and Conditions

1. Background

1.1. This document is an electronic record generated by a computer system and does not require any physical or digital signatures.

1.2. The Website is owned, registered and operated by Freelance Community INC INC ("Indiez/Company") with registered offices at 2035 Sunset Lake Road, Suite B-2, in the city of Newark, zip code 19702.

1.3. The Company provides Service (as defined hereinafter) to you, subject to these Terms of Use. These Terms of Use apply to your use of our Site. By using or visiting the Site, or by using any content or information provided as part of the Website/Services, you declare that you have read, understood, accepted and agree to be bound by these Terms of Use.

1.4. For the purpose of these Terms of Use, wherever the context so requires "You" or “Your” shall mean any natural or legal person who uses the Site for availing the Services. The term “We”, “Us”, “Our” shall mean the Company, its employees, and authorised agents that perform any services on the Company’s behalf.

1.5. We reserve the right to make changes, solely at our discretion, to these Terms of Use at any time without any prior notice. Any such modifications will become effective immediately upon the same being made available on the Site and your continued use of the Site, and/or the Services shall be deemed as your agreement to such modifications. You agree and shall be responsible for periodically reviewing these Terms of Use for its latest version as may be posted on the Website.

2. Definitions and Interpretation:

2.1. Definitions: In this Terms of Use, the following words and expressions unless inconsistent with the context, shall bear the meanings assigned thereto: “Virus” means any code which designed to harm, disrupt or otherwise impede the operation of the Software, or any other associated hardware, software, firmware, computer system or network, or would disable the Software or impair in any way its operation based on the elapsing of a period of time, exceeding an authorised number of copies, advancement to a particular date or other numeral, or that would permit the Licensor or any other person to access the Software to cause such impairment, or which contains any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such programs to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications, or otherwise interfere with operations, including without limitation, computer programs known as worms or Trojan horses.

2.2. Interpretation: Unless the context otherwise requires in this Terms of Use: a. words importihttps://indiez.io/files/ng persons or parties shall include firms and corporations and any organisations having legal capacity; b. words importihttps://indiez.io/files/ng the singular include the plural and vice versa where the context so requires; c. reference to any law shall include such law as from time to time enacted amended, supplemented or re-enacted; d. reference to any gender includes a reference to all other genders; e. reference to the words “include” or “including” shall be construed without limitation; f. reference to this Terms of Use or any other agreement, deed or other instrument or document shall be construed as a reference to such agreement, deed or other instrument or document as the same may from time to time be amended, varied supplemented or novated; and g. the headings and titles in this Terms of Use are indicative only and shall not be deemed part thereof or be taken into consideration in the interpretation or construction hereof.

3. Services

3.1. We provide services including but not limited to software development, software designing, software consulting and such other services as displayed/ advertised at our website www.indiez.io (“Site”) and/or any other online platform, directly or indirectly, by connecting clients (“Client”) through our community members that may consist of developers, designers, engineers, product managers and such other professionals having the necessary qualification and expertise (“Developer”), for such purchase consideration as may be prescribed at the relevant time (hereinafter referred to as “Service”).

3.2. The “Service” includes (a) the Site, (b) the Indiez platform for hiring independent Developers, (c) the Indiez platform for Developers to engage/explore the opportunity of engaging themselves from time to time, on projects from Clients (d) all software, data, text, images, sounds, video, and content made available through the Site or services (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this Terms of Use.

4. Registration

4.1. For Clients: (a) If you are desirous of hiring our members, you shall be required to register yourself as our Client at our Website. You would be required to sign-up/register with us pursuant to which you shall be required to use a combination of email id and password in order to use complete features and functions of the Site. During such registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to provide Indiez with certain information about yourself in order to allow you to complete the registration process and to use certain features and functions of the Site. You can apply for this account by referring to the relevant section provided for help on the homepage of the Site. (b) Post such registration, you shall be able to avail the Service after making payment of fee with all applicable taxes through payment gateway options made available on the Website. Any Service Tax, Sales Tax, VAT or any other taxes as may be applicable, shall be borne by you exclusively. (c) You agree and accept that all nuances and modalities relating to making payment using Net/ Debit Cards, Post- Dated Cheques or Corporate Credit Card (“Virtual Payment Mode”) shall be separately governed by arrangement(s) / terms and conditions between You and the relevant banks. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the Virtual Payment Modes (including but not limited to any fraudulent transaction). (d) We shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (a) Lack of authorization for any transactions; (b) Any payment issues arising out of the transaction or (c) Decline of such transaction for any reason (d) or any other reason not attributable to our wilful negligence or misconduct. (e) In addition to the above, Services availed by you may be subject to certain additional terms that shall be provided to you before commencement of such Service.

4.2. For Developers: (a) If you are desirous of exploring opportunities of being hired by our Clients, you shall be required to register yourself as our community member at our Website and shall be required to fulfill necessary on-boarding requirements that may be prescribed by us from time to time. You would be required to sign-up/register with us pursuant to which you shall be required to use a combination of email id and password in order to use complete features and functions of the Site. During such registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to provide Indiez with certain information about yourself, including details of your qualification and work experience in order to allow you to complete the registration process. You can apply for this account by referring to the relevant section provided for help on the homepage of the Site. (b) Notwithstanding anything contained hereinabove, we reserve the right to accept or reject your registration/on-boarding as our community member without giving any reasons or prior notice whatsoever. (c) In addition to the above, any Service provided by you may be subject to certain additional terms that shall be provided to you before commencement of such Service. 4.3. When you sign up on this Website, your personal information will be registered automatically in our database which will be maintained and used by the Website in accordance with the Privacy Policy[1] . By registering with Indiez, you agree to allow our authorised personnel to contact you with regard to your activity on the Site. 4.4. You may not transfer your account to any other person and you may not use anyone else's Account at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct through your account; (ii) controlling the access to and use of the Services; and (iii) the consequences of any misuse. 4.5. It is your responsibility to give us current, complete, truthful and accurate information and to keep the information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or if you fail to update the information you give us. If you provide information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that you have provided such information, then the Website may (in addition to any other rights or remedies available to us) refuse registration, suspend access to all current or future use of the Website and the Services (or any portion thereof) permanently. Notwithstanding anything hereinabove, Indiez reserves the right to refuse Service, refuse registration or change its eligibility criteria at any time without any reason or prior notice.

4.6. We strongly encourage you to read our Privacy Policy, which describes how we collect and use your personal information.

4.7. You may deactivate your account at any time following which we shall not access your personal information. However, we shall not be liable for any consequences of usage of your information when put to use by us in accordance with our Privacy Policy.

4.8. We reserve the right to refuse, to process any request for Service, in case you have a prior history of questionable charges including without limitation, breach of any agreement with Us previously, or breach/violation of Applicable Law.

5. General Conditions/ Access and use of Service

5.1. Subject to these terms, you may access and use the Service only for your own purposes as contemplated by these terms. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted third party, under this Terms of Use; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.

5.2. Subject to the limited right to access and use of Service expressly granted to you under these Terms of Use, you shall not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Website or the service. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with Indiez, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.

5.3. You are responsible for all information, data, text, messages or other materials that you post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of your login and account details and are fully responsible for any and all activities that occur under your login or account. Indiez reserves the right to access any or all account in order to respond to your requests for technical support.

5.4. You understand that the technical processing and transmission of the Service, including but not limited to your content, may be transferred in a manner as provided in our Privacy Policy. By accepting these Terms of Use you also agree and accept our Privacy Policy.

5.5. The failure of Indiez to exercise or enforce any right or provision of these terms shall not be a waiver of that right.

6. Posting on our Site

6.1. You undertake that anything uploaded by you on the Site through your account shall not contain any information enabling or requesting solicitation outside our online platform.

6.2. If you are a Client, you undertake to post your requirements in a manner that is of a professional nature and accurately descriptive. It shall be free of offensive language, illegal or malicious content or advertisements for other products or services. You shall not post any such requirements that is illegal or violates intellectual property rights, copyrights or the terms of service of another service, product or website, our Privacy Policy or any Applicable Law.

6.3. If you are a Developer, you undertake to conduct in a professional manner and meet the requirement of the Client. You shall endeavour to ensure complete Client satisfaction. You shall not provide anything to the Client that is illegal or violates intellectual property rights, copyrights or the terms of service of another service, product or website, our Privacy Policy or any Applicable Law.

7. Intellectual Property Rights

7.1. If you believe or have the reason to believe that any Content made available on our Site infringes your intellectual property, you may notify us of such infringement. We shall promptly process, investigate all notices of alleged infringement and take appropriate action under Applicable Law.

7.2. To be effective, a notice of alleged infringement must be duly signed, contain your contact information, description of your copyrighted work, description of the material that you claim to be infringing your rights and a declaration that you are acting in good faith.

8. Representations and Warranties

8.1. Any information You submit to Us, is at Your own risk. By providing information to Us, You represent and warrant that You are entitled to submit it and that it is not confidential and it is not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).

8.2. You agree that you shall not utilize the Sites or the Services to conduct or facilitate any transaction with any person that may affect the integrity of Indiez.

8.3. You shall not create any “links” to the Indiez Platform, or “frame” or “mirror” any content contained on, or accessible through, the Indiez Platform, on any other server or internet-based device. Indiez alone (and its licensors, where applicable) shall own all right, title and interest, including all related Proprietary Rights, in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Indiez Platform and/or Indiez. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Indiez Platform and Indiez, or any Proprietary Rights owned by Indiez. Indiez’s name, logo, and the product names associated with Indiez or the Indiez Platform are trademarks of Indiez or third parties, and no right or license is granted to use them.

9. Privacy

The Platform collects, stores, processes and uses Your information in accordance with Website’s Privacy Policy. By using the Website and/ or by providing Your information, You consent to the collection and use of the information You disclose on the Website in accordance with Website’s Privacy Policy.

10. Fraud and Improper Conduct

10.1. You may only access the Website and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all provisions of Applicable Law pertaining to Your use of the Services. You agree that You will not in any way: a. interfere with the ability of others to access or use the Services; b. disrupt any flow of communication or otherwise act in a manner that adversely affects others’ ability to use the Website or the Services; c. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services. d. Upload or post or use the Service to transfer, any content or other material that contains or constitutes Viruses, Trojan horse or other code with malicious, disruptive and/or destructive features. e. You shall not attempt to gain unauthorized access to the account of any others Client or Developer, or otherwise interfere with anyones use of the Service. f. You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the service, including, without limitation, with information for your account, and all information. It shall be your responsibility to provide accurate and correct information and shall update any changes to such information, if required.

11. Limitation and Disclaimer

11.1. The Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance or because of reasons beyond our control. The Services, including the Site, Content and each portion thereof are provided "AS IS" without warranties of any kind either express or implied. You acknowledge that we do not warrant, expressly or impliedly, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of any right under Applicable Law. You further acknowledge that we do not warrant uninterrupted, timely, secure, error-free or virus free Service.

11.2. We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise with respect to, the Website or its Services.

11.3. We shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever incurred to you due to use of the Website’s Services or due to the non- availability of the Website Services.

11.4. If You are dissatisfied or harmed by this Website or anything related with the Website, You may terminate your account and unsubscribing on the Website. You agree and expressly waive your right to claim/take recourse to any other remedy that may be available to you save and except such termination.

11.5. We shall be entitled to disclose any/all information provided by you to the Authority, as required by Applicable Law or by any directive or request from any government body.

12. Indemnification

You agree to indemnify and keep indemnified, defend and hold harmless Indiez, its affiliates, our community members, officers, directors, employees, agents, licensors, representatives and third party providers to our Services from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you, including but not limited to any breach or alleged breach of any of your representations, warranties or undertakings hereunder. Indiez reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Indiez in asserting any available defenses.

13. Severability

If for any reason whatsoever any provision of this Terms of Use is or becomes, or is declared by court of competent jurisdiction to be, invalid, illegal or unenforceable, then we shall negotiate in good faith to agree on one or more provisions to be substituted, which provisions shall, as nearly as practicable, leave you and us in the same or nearly similar position to that which prevailed prior to such invalidity, illegality or unenforceability.

14. Termination

Indiez reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. Indiez reserves the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability. Any accrued rights to payment and all representations and warranties shall such survive termination.

15. General

Unless otherwise specified herein, these Terms of Use for Services and our Privacy Policy and the additional terms as may be applicable to you shall constitute the entire agreement between you and the Website, in respect of the Services and shall supersede all previous written and oral agreements between You and the Website, if any. 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.

16. Governing Law and Dispute Resolution

This agreement shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by Indiez in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California or the purpose of resolving any dispute relating to your access to or use of the Service

17. Resolution of Dispute

17.1 We will strive to resolve any dispute/delay in relation to the Services availed by you. You may write to Us at [email protected] for any query or concern. We will address this two working days and will try its best to provide a resolution within fifiteen working days.

17.2 In case We are unable to resolve the issue within the stated timeline, or if you are not satisfied with the resolution provided, you can escalate your concern to Our management at [email protected]. We will respond to you within two working days and your concern will be addressed within seven working days.

17.3 To ensure timely resolution you must mention the reference id and, a brief summary on why the resolution provided so far has not been satisfactory. Certain issues, depending on their nature, would require testing and observation over multiple days. This can increase the resolution time. However, We assure that Our team will be working on these issues diligently throughout and will keep you updated on the progress.

18. DMCA

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Indiez will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Indiez Copyright Agent at [email protected] (subject line: “DMCA” Takedown Request”). You may also contact us by mail or facsimile at: Attention: Copyright Agent Indiez E1118, Maple Leaf, Raheja Vihar, Chandivali, Powai, Mumbai – 72. Notice: To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf. Counter-Notice: If you believe that the relevant Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Indiez will send a copy of the counter- notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Indiez sole discretion. Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Indiez has adopted a policy of terminating, in appropriate circumstances and at Indiez sole discretion, members who are deemed to be repeat infringers. Indiez may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

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