TERMS OF SERVICE
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").
- 1.1. By subscribing to or using www.baywiser.com (here in after referred to as "Platform" or "Service"), you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not agree to the Terms, you must not subscribe to or use our services.
- 1.2. You must be capable of entering into a binding contract in your jurisdiction to register as a member or use Findesk Market Services Pvt. Limited’s Services. If you do not qualify, you are prohibited from using the Service. By using the Platform and/or Findesk Market Services Pvt. Limited’s Services, you represent and warrant that you have the right, authority, competency and capacity to enter into these Terms of Service and to abide by all the terms and conditions set forth herein.
- 1.3. In these Terms, references to:
- 1.3.1. Commercial / contractual terms shall include without limitation price, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services.
- 1.3.2. End user or Buyer shall mean the end user availing the Services of independent third party service provider(s).
- 1.3.3. "we", "us" and "our" shall mean Findesk Market Services Pvt. Limited, its franchisees, affiliates or partners.
- 1.3.4. Third Party Service Provider or Seller shall mean the person offering services to End user(s) or Buyers.
- 1.3.5. "Listing", shall mean Third Party Service Providers or Sellers who in their individual capacity, list any information/service on the Platform.
- 1.3.6. User shall mean and include End user, Buyer, Independent Third Party Service Provider and Seller.
- In this document, unless the context otherwise clearly indicates, words used in the singular include the plural and words used in the plural includes the singular.
2. Services Offered: Findesk Market Services Pvt. Limited provides a technology Platform that enables third party service providers (Hereinafter referred to as Sellers) and buyers to interact and exchange information / Service and collect fees for services on behalf of Sellers. The www.baywiser.com is only a venue through which Users can reach a larger base of users to list, buy and sell information/data or services. Findesk Market Services Pvt. Limited is only providing a Platform for communication and it is agreed that the contract for sale of any of the information/data or services shall be a strictly bipartite contract between the Seller and Buyer. At no time shall any right, title or interest over the information/data or services vest with Findesk Market Services Pvt. Limited nor shall Findesk Market Services Pvt. Limited have any obligations or liabilities in respect of such contract(s).
3. Findesk Market Services Pvt. Limited is not responsible for any non-performance or breach of any contract entered into between Seller and Buyer. Findesk Market Services Pvt. Limited cannot and does not guarantee that the concerned Seller/Buyer will perform any transaction concluded on the Platform. Findesk Market Services Pvt. Limited shall not and is not required to mediate or resolve any dispute or disagreement between the Seller and Buyer.
4. No Guarantee of Business: We do not guarantee that enquiries and leads will be generated for a Listing or that any such enquiries/lead will be converted into business for the User/End User. Findesk Market Services Pvt. Limited is not obliged and does not market the offerings of a particular user and shall not be obliged to recommend a user or Listing to the End User.
5. Findesk Market Services Pvt. Limited’s Rights and Obligations: Findesk Market Services Pvt. Limited reserves the right, at its sole discretion to reject, remove a Listing or a part of the listing at any time without being obliged to provide any reasons. Findesk Market Services Pvt. Limited reserves the right to, at all times, monitor a Listing to ensure compliance with these terms and conditions.
6. User Account:
- 6.1. The User may be required to create his/ her own User ID and password in order to register and/ or use the services on the Platform. By accepting these Terms, the User aggress that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;
- 6.1.1. Choose a new password, whenever required for security reasons.
- 6.1.2. Keep his/ her User ID & password strictly confidential.
- 6.1.3. Be responsible for any transactions made by User under such User ID and Password.
- 6.2. Findesk Market Services Pvt. Limited may verify any User information at the time of creation of the user account, including but not limited to phone number, email address, bank account, credit card details, etc.
7. User’s Obligations: User represents and warrants that the information/data provided by you does not violate or infringe upon any law or regulation. All information provided by the user to us is and shall at all times be accurate, valid and complete. User shall be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by the User to us) to us.
8. Service Providers Obligation: It shall be the responsibility of Third Party Service Provider to ensure that he/she/it is competent to enter into agreement with End User and Findesk Market Services Pvt. Limited , which would constitute a legal, valid, binding and enforceable agreement that will not conflict, breach or cause a default of the terms and conditions of any documents, agreements or other writings to which he/she/it is a party. No action, suit, proceeding or investigation is pending to the knowledge of Third Party Service Provider, threatened against the Third Party Service Provider that would affect the performance of his/her/its services in any manner. The Third Party Service Provider only shall be responsible for obtaining all statutory registrations for the Third Party Service Provider’s line of business.
9. End User’s Obligation:
- 9.1. It is End User’s duty to verify the information/data or services provided or listed in the Platform before buying such information/data or services. Findesk Market Services Pvt. Limited shall not guarantee or warrant the information/data or services provided or listed in the Platform.
- 9.2. Users are advised to independently verify the bona fides of any particular User that you choose to deal with on the Platform and use your best judgment in that behalf.
- 10.1. Membership on the Platform is free, we do not charge any fee for browsing on the Platform. We would be charging a transaction fee which is payable by the Third Party Service Provider.
- 10.2. We reserve the right to change any policies from time to time. In particular, we may at our sole discretion, introduce new services and modify some or all of the existing services offered on the Platform. In such an event, we reserve the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform.
11. Information/Data: You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
- 11.1. belongs to another person and to which you do not have any right to;
- 11.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- 11.3. harm minors in any way;
- 11.4. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- 11.5. violates any law for the time being in force.
12. Communication: You will be required to provide a valid phone number and Email ID at the time of using the service through the Platform. By registering your phone number and Email ID with us, you consent to be contacted by us via phone calls and/or SMS and /or email notifications, in case of any service related updates. We will not use your personal information to initiate any promotional phone calls or SMS or email.
- 13.1. The User warrants and represents that all details and information provided to the Platform by you are true and accurate and are not false, misleading or deceptive and the information contained on the Platform will be kept accurate and up to date and compliant with these terms and conditions.
- 13.2. We do not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Platform and use your best judgment in that behalf.
14. Third-Party Platform listing: Findesk Market Services Pvt. Limited or a Listing may be linked to the platform of third parties, affiliates and business partners. Findesk Market Services Pvt. Limited has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such platform made available by/through our Platform. Inclusion of any link on the Platform does not imply that the Platform endorses the linked platform. End User may use the links and these services at the End User’s own risk.
- 15.1. All complaints relating to contracts should be addressed as between the Seller and Buyer.
- 15.2. In case the information/data purchased is incorrect/fraudulent, User has to raise a complaint within seventy two (72) hours from the time of conclusion of the transaction. On verification or if we suspect any fraudulent transaction by any end user or any transaction which defies the terms & conditions of using the Platform /Service, we at our sole discretion could cancel such services. We will maintain a list of all fraudulent transactions and end users and may deny access to them or cancel any transactions placed by them. Findesk Market Services Pvt. Limited reserves the right to take the final decision in this regard.
- 15.3. It is upto the User to evaluate the fitness of the item/service. Findesk Market Services Pvt. Limited shall not be liable to make any refund under any circumstances for contracts between the Seller and Buyer.
- 15.4. User agrees that under no circumstances the Findesk Market Services Pvt. Limited shall be held responsible for such fraudulent/duplicate transactions.
- 16.1. Findesk Market Services Pvt. Limited assumes no responsibility, and shall not be liable for any commercial / contractual terms offered by and agreed to between Buyers and Sellers. It is the responsibility of the User alone to ensure that the information/ data either stored in www.baywiser.com or taken out from www.baywiser.com, by printing or exporting to any computer file format or data stored offline in mobile devices of Users accessing www.baywiser.com, is used in compliance with privacy laws applicable to the User’s business transactions.
- 16.2. Findesk Market Services Pvt. Limited has made this Service available to the User as a matter of convenience. Findesk Market Services Pvt. Limited expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that Findesk Market Services Pvt. Limited reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.
- 16.3. Findesk Market Services Pvt. Limited shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall Findesk Market Services Pvt. Limited, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.
- 16.4. Findesk Market Services Pvt. Limited assume no liability whatsoever for any monetary or other damage suffered by the User on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services in connection thereto.
- 16.5. The User shall indemnify and hold harmless Findesk Market Services Pvt. Limited and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.
- 16.6. 16.6. The User agrees that Findesk Market Services Pvt. Limited or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Platform, or any failure to comply with these Terms where such failure is due to circumstance beyond Findesk Market Services Pvt. Limited’s reasonable control.
17. Indemnity:The User agrees to defend, indemnify and hold harmless Findesk Market Services Pvt. Limited , its employees, directors, officers, agents, representatives and their successors and assigns from and against any and all claims, liabilities, damages, losses, demands, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your access to and use of Services, which may result in any loss or liability to Findesk Market Services Pvt. Limited or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this agreement or arising out of your violation of any applicable laws, regulations including but not limited to, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this agreement.
18. Disclaimer and Limitation of Liability: THE SERVICES ARE MADE AVAILABLE OR PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Findesk Market Services Pvt. Limited’S LIABILITY FOR ANY CLAIM ARISING UNDER OR RELATING TO THESE TERMS OR ANY SERVICE SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE PLATFORM USAGE CHARGES PAID TO Findesk Market Services Pvt. Limited FOR THE RELEVANT SERVICE. Findesk Market Services Pvt. Limited SHALL AT ITS DISCRETION HAVE THE OPTION TO REFUND THE PLATFORM USAGE CHARGES OR APPOINT ANOTHER SERVICE PROVIDER TO RECTIFY OR COMPLETE THE SERVICE.
19. Intellectual Property Rights:
- 19.1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Findesk Market Services Pvt. Limited owns all Intellectual Property Rights to and into the Platform /Service, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Platform belonging to Findesk Market Services Pvt. Limited without obtaining authorization from Findesk Market Services Pvt. Limited.
- 19.2. Findesk Market Services Pvt. Limited is not responsible for the content of any third party platforms and does not make any representations regarding the content or accuracy of material on such platform. If you decide to link to any such third party platforms, you do so entirely at your own risk.
- 19.3. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service.
20. Term & Termination: Findesk Market Services Pvt. Limited may suspend or terminate your use of the Platform or any Service if it believes, in its sole and absolute discretion, that you have breached any of the Terms. Findesk Market Services Pvt. Limited may delete any content or other materials relating to your use of the Service and Findesk Market Services Pvt. Limited will have no liability to you or any third party for doing so. You shall be liable to pay for any Service that you have already availed/ordered till the time of termination by either party whatsoever.
21. Confidentiality: The User shall maintain the confidentiality of any and all information regarding the Service availed and other Listings including Seller/Buyer’s confidential information, both, during the subsistence of the agreement and after its termination. The User shall not, without prior written consent of the Platform transfer (whether for consideration or otherwise) such information to any third-party for any reason whatsoever. The User is specifically prohibited from using the confidential information for purposes of seeking any commercial gain out of the said information. In the event Findesk Market Services Pvt. Limited is made aware of any such practice of such violation of the terms and/or conditions of this terms, Findesk Market Services Pvt. Limited shall be entitled to terminate the agreement as well as initiate legal proceedings against the User, as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable law.
22. Governing Law: The laws of India shall apply and courts in Chennai shall have jurisdiction in respect of all the terms, conditions and disclaimers. Findesk Market Services Pvt. Limited reserves the right to make changes to the Platform /Service and the terms, conditions and disclaimers at any time and without information to the Users of the services/ of Findesk Market Services Pvt. Limited.
23. Arbitration: If any dispute arises between you and Findesk Market Services Pvt. Limited during your use of the Platform or Services, in connection with the validity, interpretation, implementation or alleged breach of any provision of theseterms or any of our policies or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Findesk Market Services Pvt. Limited. The place of arbitration shall be Chennai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
- 24.1. Any waiver of any rights available to Findesk Market Services Pvt. Limited under these terms shall not mean that those rights are automatically waived.
- 24.2. The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that Findesk Market Services Pvt. Limited have no control over such matters.
- 24.3. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, Findesk Market Services Pvt. Limited does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.
- 24.4. Findesk Market Services Pvt. Limited and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Platform.
25. Customer Services: If you have any query, please e-mail us at email@example.com