1. Preliminary:
The Below mentioned terms and conditions also referred as Terms of use or T & C or by whatever name referred shall be applied to this mobile application on all platforms i.e. Android and iOS and website. These T&C sets forth clauses that embody the rules, requirements, restrictions and limitations that a user must agree to in order to use this mobile app and website. These T&C collectively forms an important legal agreement between application/website and its users. Relationship between application admin and its user is defined. Though the requirement is not mandated by any law but for the purpose of benefits to both app admin and its users and also to provide a basis for ascertainment of liability and other matters these T&C are provided in this application/website.
2. Scope:
- Relationship between application/website and its user is defined
- This document also maintains right to exclude users from app as a consequence of abusing app/website.
- Terminating access or accounts at discretion.
- To maintain legal rights against potential abusers of app/website.
- Provide for liability of app, to define permitted conduct of application/website.
- Set up and indemnification process
- Implement limitation or exclusion of liability
- Usage and prohibition of use
- Intellectual property matters
- Ownership over content
- Enforce rules, disclaimers, cookies and guidelines
3. Terms and conditions:
- Definitions and meanings: The terms appearing in these rules shall be interpreted and construed according to their natural meaning unless a different meaning is provided for the term purpose. Some of the meanings are hereby provided:
- “We’”/“us”: stand for the admin and owner of this application and website "“X- Work” and any person acting on their behalf like employees, partners including their assignees, licensee, executors etc.
- “You”/“your”/”User”: means any individual who uses the services offered by the application and website. User also to mean to include any person who registers with the application as user or attempts to register not withstanding whether service of the application/website is availed or not, for the matters related to IPR, Data collection, and Information technology matters.
- “Application”/”App” Website” to mean the application and website “XWork” for the purpose of providing services contained therein the application in the android and iOS.
- Service or services:” shall means services provided by us with the aid of this application and website subject to other conditions. More particularly the service of through the application, User can outsource tasks and find local services, with people who are looking to earn money and ready to work, from simple to complicated tasks, this app and website can help user to complete the works like home cleaning, handyman jobs, admin work, photography, and the like.
4. Acceptance of conditions
- The Conditions apply to any and all use of the app by User. By using the app, the user signifies their acceptance to these Conditions in full and agrees to be bound by them.
- No access to the Services will be permitted unless the Conditions are accepted in full. No user is entitled to accept part only of the Conditions. If a user does not agree to the Conditions, such user may not use the Services.
- All users agree to comply with the Conditions and accept that their personal data may be processed in accordance with the Privacy Policy.
- In the event that any Member fails to comply with any of the Conditions, we reserve the right, but not the obligation at its own discretion, to withdraw the User Account in question and suspend or withdraw all Services to that user without notice
- These Conditions are intended to create binding rights and obligations between user and the app in accordance with the Indian Contract Act, 1872.
5. Changes/variations to terms, app/website and services
- We can change the terms and conditions listed above without any notice to users and we reserve the right to change them.
- In addition, we may vary or amend the Services provided through the app/website, its functionality and/ or the “look and feel” of the app/website at any time without notice and without liability to users.
- Any modification to the application, Services or Conditions will take effect as soon as such changes are published on the app/website, subject to communication of any material change to the Conditions to the users.
- Users will be deemed to have accepted any varied Conditions in the event that they use any Services offered through the app/website following publication of the varied Conditions.
6. Content of app and website provided by users
- Users shall retain all ownership rights over the content posted in the application, and we do not claim any right or title over the content part.
- Ownership over content lies with the user however when user uploads or submits content in the app/website for the purpose of providing service they grant us license over the content to us. Such license allows us to use the content for the purpose of offering service to users and also to communicate, distribute, modify, publicly display or perform, publish, reproduce, store and use such content worldwide. This license granted by users is for the purpose of operating, promoting, marketing and improving our services.
- Users are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content which is contrary to our policy and we does not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and agrees to indemnify us in relation to any liability it may suffer as a result of any such content. However as soon as we become aware of infringing content, we shall do everything it can to remove such content from the app/website as soon as possible.
7. Use of Services
- Account and information:
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Account: In order to use the Services each user must create a User Account and agrees to
provide any personal information requested.
User agree and accept that all of the information they provided when setting up their User Account and at any other time shall be true, correct, complete and accurate in all respects. user also agree that any information supplied or posted on the app/website in connection with name, address etc. and the like will be true, accurate and complete. User agrees and understands
- Required information: users are required at the time, when for the first time they download the application/website or any time after that are required to fill in asked information, without which services cannot be availed. The information so required is to include name, mobile number, email address, address, bank details etc. Such information is to be provided in the form requested and also correct information is to be provided.
- Confidentiality: Information or data entered by users in the application/website or otherwise known through this application/website by us shall not be in any case shared with any third party to the prejudice of the users, except when it is required by law or justified by law to do so or where there has been fraud played on by users.
- Service:
- This app and website is a platform that connects people who need to outsource tasks and find local services, with people who are looking to earn money and ready to work.
- From simple to complicated tasks, this app and website can help user to complete the works like home cleaning, handyman jobs, admin work, photography, and graphic design or even build a website.
- There are a range of tasks available in the app and website from tasks around the home like deliveries, cleaning, gardening and handyman work to tasks for businesses like office admin, promotional work or computer & IT support. There also a range of creative tasks like photography, graphic design and website & blog support which can help user earn money online.
- User can visit profile and Edit profile picture, Edit profile, Edit or change mobile number, address etc.
- Payment:
- User is to make payment using payment gateway or by using activation. For payment online payment user to be directed to payment gateway following instructions therein payment can be made. For online payment user is to go through the payment and refund policy provided in the application/website.
- Communication:
- User can also communicate with the admin and other users.
We may review, scan, and moderate the messages the users exchange with us through the app in particular for fraud prevention, customer support purposes and ensure compliance with applicable law. By using the app/website and accepting the Terms and conditions user agrees that we, at our sole discretion, may review, analyze and moderate the messages exchanged through the app/website. - In particular the user undertakes to refrain from writing/sending any message which content:
- Belongs to another person and to which You do not have any right to;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
- Harms any person/property in any way.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation.
- Infringes any patent, trademark, copyright or other proprietary rights.
- Contacting/Visiting users
- By accepting the terms and conditions contained herein, every user hereby agrees and gives consent to us to communicate via phone calls, sms, email and such other means as we may deem fit. Such communications to users may be recorded through technical support provided for the purpose of training, quality and for regularly updating the users about the services of application. User to grant permission to our executives to visit once request is placed by user for new connection for the purpose of obtaining documents to establish identity of the user, proof of residence, photo to be used in application/website form, user to fill in the application form and hand it over to the executives, also user consents the visit of our technical members at their premises for the purpose of installation, resolving technical glitches etc.
8. Disclaimer & Liability
We are offering this application and website on as-Is basis and provide no guarantee or representation or conditions of any kind legal, express or implied arising out of usage of this application.
Due care has been taken to ensure that all the information contained in this application and website is correct; despite all efforts in case of any error we shall not be liable. We don’t give any warranty regarding virus or any other similar programs that may occur due to usage of this application.
This being an internet based mobile application and website may sometime mal function or cause some technical problem, we shall try to remove such defects at our earliest convenience, and shall not be liable to pay damages in case of such defect in running of the application.
9. Process:
- Registration: user should register with the application/website.
- Provide the Information and create account with the app/website.
- View various categories of task.
- Other users can accept the task provided in the app/website.
- User to visit on the scheduled date and time and complete the task.
- Post task along with details and provide date and time of the task.
- Make payment online or select payment after service.
- Other services: other services provided are as follows:
- Payment confirmation.
- Notifications.
- Payment history.
- Dashboard.
- Settings.
- Invite friend.
- Ratings and reviews.
- Profile update.
- Change password
- Help
- FAQ’s
10. GUIDELINES FOR REVIEWS
We may provide you areas on the app/website to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- You should have firsthand experience with the person/entity being reviewed;
- Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
- Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
- Your reviews should not contain references to illegal activity;
- You should not be affiliated with competitors if posting negative reviews;
- You should not make any conclusions as to the legality of conduct;
- You may not post any false or misleading statements;
- You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, nonexclusive, worldwide, royalty-free, fully-paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
11. General Terms
- Termination: we reserve the right to terminate any of the users account without any prior notice if the user violates any of clauses of these T&C or create risk or possible exposure to legal proceedings.
- Relationship: it is hereby unequivocally stated that we are neither agents nor partners with any of the user who offers to perform the task and our liability and responsibility is limited only to assist via this application and streamline the process and help in access to various services.
- Complaints: Any complaints or grievances shall be communicated through email address provided or phone number given or app/website, best endeavor will be made to redress the same as soon as possible.
- Marks: No person shall use our marks and shall be held liable for passing off/ infringements incase similar or identical marks are used resembling our app/website or of same features or display design etc.
- Jurisdiction: any dispute arising as a result of usage of this application shall be subjected to jurisdiction of courts in Hyderabad only.
- Governing Law: these T&C are to be governed as per laws that are in force in India and the laws in the state of Telangana.
- Intellectual property/copy rights violation: if it is informed that the content of the application/website are causing copyright/Trade mark violation we shall take down/remove any material that turns out to be copyrighted if the violation is brought to our attention. We have a plan and policy in place for taking down violating material when it is brought to our attention.
- Rights of the app owner: admin to have the following rights:
- App owner/admin maintains ownership of app
- App owner/admin can restrict abusive behavior
- App owner/admin can limit liability of user.
- App owner/admin can terminate user’s account.
- Exemption: user hereby agree that in case of any deficiency or shortcoming or any other damage caused to user due to any task performed by the other user shall not entitle them to make us liable and no action of whatever nature is to be initiated or instituted against us subject to refund policy.
- Waiver: user cannot waive either by and act or abstinence any of these terms and conditions and privacy policy.
- Contact us: any person whether user or otherwise can contact us at the details provided in the app and website.