TERMS / PRIVACY / REFUNDS


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.

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 10,000/-), 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

Client payments for services rendered by IndusGuru are to be made as follows:

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.

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.

PRIVACY


Privacy Policy

Please read the following to learn about the Privacy Policy of IndusGuru. The Privacy Policy applies to all the services offered by IndusGuru. By using the IndusGuru website you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree please do not use or access the website.

This Privacy Policy describes the information we collect from you and how we use that information as part of the normal operation of our services. By accepting the Privacy Policy, you consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the Terms of the website. This Privacy Policy and Terms are automatically applicable & effective on your visit to website.

Personal Information

For the purposes of this Privacy Policy, the term “Personal Information” shall mean any information that may be used to identify you including, but not limited to your names, email, contact details and all items in your profile. Also includes but not limited to client reviews on your profile or assignments, if any. Importantly, we only collect Personal Information about you that we consider necessary for providing your services offered by IndusGuru. Your Personal Information is stored in a safe & secure database. This allows us to provide services customised to your needs & requirements and make your website experience safer and easier.

Online Registration

In general, you can visit the Website without disclosing your personal information. To use all the services offered by IndusGuru, you will need to register using our online registration form, where you will be required to provide us with your contact and identity information and other Personal Information as indicated on the forms on the website. The registration process is not deemed complete till you receive a confirmation email from IndusGuru and follow the instructions in the email to complete the registration process.

Information Sharing

In order to help provide you with the services you have registered for, we will provide your any or all items of personal information to our consultants and/or clients (as applicable). By signing on for the services offered by IndusGuru, you give your explicit consent to share the personal information with our consultants and/or clients.

As a client, you agree to share your (apart from personal information details) details of projects or assignments or employment opportunities with consultants registered on the IndusGuru website. As applicable based on the services offered, you also consent that IndusGuru use the details of projects or assignments or employment opportunities to prepare curated best-fit list of consultants for the task on hand. We reserve the right to use consultant's photograph and pseudo description to showcase profiles to the client and/or social media as one of our empaneled consultant (s).

By signing on for the services offered by IndusGuru, you give your explicit consent to receive mails / communications related to service you have signed for with IndusGuru. IndusGuru will continue to send service related mails / communications till you explicitly opt-out of the services.

The information collected from you will also be used to inform you of other services offered by IndusGuru and its affiliates, and to send you relevant promotional material related to IndusGuru services. IndusGuru provides a mechanism for you to 'opt-out' from receiving promotional information from IndusGuru in future. All IndusGuru mailers will provide opt-out options to enable you stop receiving future mailers.

Interaction Tracking

IndusGuru uses cookies and other technologies to keep track of your interactions with our sites. This is done to offer you a more personalized experience. You agree that we may use such information to do internal research on our users demographics, interests, and behavior pattern. As a part of the behavior pattern, we may also the URL you came from (whether form our site or not), which URL you go to (whether URL on our website or not), your computer's browser information, and your Internet Protocol (“IP”) address. Cookies also help analyse our web page flow, measure promotional effectiveness, and promote security. Use of cookies allows you to enter your password less frequently during a session.

You consent, that if you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect and/or store such information for our records.

You also agree that IndusGuru has the right and authority to reveal general statistical information about our website and visitors, such as number of visitors, number and type of services purchased, etc.

Disclosure of your Personal Information

IndusGuru does not rent, sell, or share Personal Information about you with other people (except with your consent) or non-affiliated companies except to provide products or services under Terms or this Privacy Policy, or under the following circumstances:

a. to provide the Personal Information to trusted partners who work on behalf of or with us under confidentiality agreements.

b. to respond to summons, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;

c. to share Personal Information as is required by law and orders to competent authorities;

d. to transfer Personal Information about you if we are acquired by or merged with another company. In this event, notification will be sent to you before information about you is transferred and becomes subject to a different privacy policy;

Access or change your Personal Information

You may review, correct, update or change your account information at any time. To protect your privacy and security, we will verify your identity before granting access or making changes to your Personal Information. If you have registered your profile on the Website, your ID and Password are required in order to access your Account.

Other Websites

Our Website may contain links to other websites. Please note that when you click on one of these links, you are entering another website over which the Website has no control and will bear no responsibility. Often these websites require you to enter your Personal Information. We encourage you to read the privacy statements on all such websites as their policies may differ from ours. You agree that we shall not be liable for any breach of your privacy of Personal Information or loss incurred by your use of these websites.

Changes To Privacy Policy

We reserve the right to update, change or modify this Privacy Policy at any time. The amendment to this Privacy Policy shall come to effect from the time of such update, change or modification.

Disclaimer

We shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any Personal Information concerning the User’s account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used.

Governing Law & Dispute Resolution

This Privacy Policy and Terms of Use shall be governed by and constructed in accordance with the laws of India only without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai, India.

Assignability

We may assign any of our responsibilities/obligations to any other person without notice to the User, at its sole discretion. However, you shall not assign, sub-licence or otherwise transfer any of your rights or obligations under this Privacy Policy to any other party, unless a written consent is taken from us.

Website Contact

If you have any questions about this Privacy Policy, the privacy practices of this website, or if you want to exercise any of the rights that you are given under this Privacy Policy, you can contact us at info@indusguru.in.

REFUNDS


Cancellation & Refund Policy

1. TheIndusGuru reserves the right to refuse / cancel a subscription of a consultant on application. In such cases, the registrants will be offered full refund.

2. In case the Consultant cancels or would like to withdraw from Monthly or Annual Subscription after making the payment, no refund will be provided.

3. The IndusGuru reserves the right to refuse / cancel a subscription of a client on application in case of Assisted-Service / Retainer-Service plans. In such cases, the registrants will be offered full refund.

4. In case the clients opt for "Self-Service" plan, the "Assignment Fees" paid are non-refundable. The fees are non-refundable even if the client does not approve the consultants shortlisted before paying Assignment Fees.

5. In case the clients opt for "Assisted-Service" plan, the "Assignment Fees" paid are refundable if IndusGuru fails to provide at least one best-fit matching profile. The fees also non-refundable if IndusGuru provides at least one best-fit matching profile and the client does not approve the consultants shortlisted before paying Assignment Fees.

6. In case the clients opt for "Retainer-Service" plan, 80% refund of the "Retainer Fees" paid will be provided if the Client cancels the subscription within 30 days. After 30 days from registration, refund will be provided on pro-rata basis after deducting cancellation charge of 15% of the "Retainer Fees".