TERMS
The use of the IndusGuru website is subject to the following Terms & Conditions. By using the IndusGuru website or any part of the IndusGuru website you will be deemed to agree to these Terms, Privacy Policy and Cancellation & Refund Policy without qualification. IndusGuru reserves the right to update theses Terms at any time without notice to you. Further, you agree to review the Terms periodically so that you are aware of any such updates and the IndusGuru shall not be liable for any loss suffered by you on your failure to review such updated Terms. If you are unwilling to be bound by these Terms, do not access website and/or use the Service. The words “you” or “user” as used herein, refer to all individuals and / or entities accessing or using the website for any reason.
Eligibility
For an individual, you must be of age 18 or above, to register as user and use the website and its services, For a company, partnership firm, trust (any other except an individual), you must have the capacity to form a binding contract in your jurisdiction. You state that you have the authority to enter into a contract with IndusGuru and abide by all of the terms and conditions set forth in the Terms. You also agree that you will use website in a manner consistent with all applicable laws, rules & regulations.
Services
IndusGuru will provide services to the users, as specified in the website. The services and the terms of usage of the services are specified here. This information is based on IndusGuru's current plans and strategy, which are subject to change without notice. Without limiting the foregoing, all statements / information regarding InduGuru’s future direction or intent are subject to change or withdrawal without notice. Any such changes may be notified to the User by publishing the same on the website.
Independent Contractors
IndusGuru and the expert consultants empanelled on the platform website, are are independent contractors, i.e. on principal to principal basis and nothing herein shall be construed as constituting a relationship of an employer and employee, agency, partnership or joint venture between IndusGuru and the empanelled expert consultants.
Payments
Client Payments
Client payments for services rendered by IndusGuru are to be made as follows:
Self Service: Proposal fee, per assignment, to be paid before the consultant profiles are shared with clients.
Assisted: Proposal Fee, per assignment, to be paid before the consultant profiles are shared with clients; Platform Fee, as applicable (less Rs 20,000/-), to be paid once the consultant is finalized for the project.
Retainer: Annual Fee, as applicable, to be paid to IndusGuru at the time of registration.
Expert-on-Call: Per hour call charge to be paid by client for knowledge sharing calls under Expert-on-Call facility, prior to the call. The charges vary as per consultant fee – to be pre-decided and agreed upon by the client and the consultant prior to the call.
Meet-the-Expert: Per hour meeting charge to be paid by client for meetings under Meet-the-Expert facility, prior to the in-person meeting. The charges vary as per consultant fee – to be pre-decided and agreed upon by the client and the consultant prior to the meeting.
Consultant Payments
Consultant payments for services rendered by IndusGuru are to be made as follows:
Subscription Fee: As applicable, to be paid to IndusGuru at the time of registration.
Platform Fee: As applicable, to be paid once the consultant is finalized for the project.
Note:
In either of the above cases, the Platform Fees are to be paid when the consultant is finalized by the client for a project. Under no circumstances, IndusGuru payments are to be deemed payable only on completion of the project.
No Poaching
As an IndusGuru client, you agree that you will not solicit, engage, empanel or contract with any independent expert consultant, introduced to you by IndusGuru without first informing and paying IndusGuru its due platform fees as per our agreed terms based on whichever model you sign up with.
Non-Compete
During the period of the Consultants empanelment with IndusGuru, the consultant agrees not to, directly or indirectly, compete with IndusGuru by providing independent services without informing IndusGuru, to the client(s) to which IndusGuru has introduced him/her. The consultant may continue to provide services to any other clients where IndusGuru has had no role to play in the introduction process.The consultant also agrees 'not to solicit', without the explicit consent of IndusGuru, any kind of employment with any of the client (s) during their services or agreement with the IndusGuru and/ or for a period of 12 months from the time agreement comes to an end whichever is later.
Use Restrictions
Making copies of this website or any portion of this website for any purpose is violation of copyright laws. Contents of this website may not be duplicated in any way without the express consent of IndusGuru, except in form of excerpts for purpose of review. Users shall not use the website in order to transmit, distribute, store or destroy material, including without limitation the content provided by the website for any unlawful purpose or in violation of any applicable law, regulation, international law; or in a manner that will infringe the copyright, trademark, trade secret or other intellectual property; or rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, libelous, obscene, threatening, abusive or is offensive to users of the website, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
Maintenance
IndusGuru may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s access to the Website and/or the Services (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of these Terms, IndusGuru shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the IndusGuru shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
Termination
These Terms, with updates as notified, shall remain in full force and effect during the use of the website for all users and shall be valid till such time the account is not disabled by the user; or the user removed by mutual written agreement; or completion of the term for which the user has engaged the Services; or in the opinion of the IndusGuru, the user has breached any of these terms; or if, in the opinion of the IndusGuru or/and any regulatory authority, it is not in the public interest to continue providing the Service to the user; or if the user is declared a bankrupt and/or proceedings for winding up has been initiated.
Disclaimer
The information contained on this website is provided for information purposes only and provided "as is" without warranty of any kind, express or implied. Nothing contained in this website is intended to, nor shall have the effect of, creating any warranties or representations from IndusGuru or altering the terms governing the use of the services. While every precaution has been taken in preparation of this website to eliminate errors, IndusGuru assumes no responsibility for errors and omissions or for damages resulting from the use of the information contained herein.
Trademarks
IndusGuru® is the registered trademarks of IndusGuru LLP. Other company, product names and service names mentioned in this website may be trademarks or services of others. The same are acknowledged.
Force Majeure
During the course of providing services to the user, neither party shall be liable for any default or delay in the performance of its obligations if and to the extent such default is caused, directly or indirectly, by fires, floods, power failures, acts of God, etc and restrictions of any country affecting the export of Goods or technology to the Service Provider, or import regulations or requirements of India, whatever the causes are, which would be violated by performance of the Agreement, whichever applicable.
Limitation of Liability
After signing the contract if for whatever reason the consultants is not in a position to execute the project, IndusGuru liability is restricted to finding suitable replacement consultant(s)(at mutually agreed new terms) or refunding the IndusGuru component to the client, in case IndusGuru is not able to find a suitable replacement consultant.
Under no circumstances shall IndusGuru be liable for any indirect, special, or consequential loss, damage, claims, liabilities, charges, costs, expense or injury (including, without limitation, loss of use, data, revenue, profits, business and for any claims of any third party claiming through IndusGuru) that may arise out of or result from use of the services provided by IndusGuru.
Indemnity
You agree to indemnify and hold the website, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to the website; or your use of the Services; or the violation of these Terms by you; or the infringement by you, or any third party of any intellectual property or other right of IndusGuru.
Jurisdiction
These Terms shall be governed by and in accordance with the laws of India only and shall be subject to the exclusive jurisdiction of the courts of Mumbai, India.