Sulekha is a business Service Provider that promotes information and exchanges among its Users.
This Platform provides its need fulfilment platform as a service to enable its Users to connect with each other or to connect with businesses in their city. This Platform enables the Users to find Service Provider/book services. Please keep in mind that local business listings, classified ads, property ads and other elements of service need fulfilment are posted not by this Platform, but members (Users & Service Provider)s of this Platform.
Membership Eligibility (User & Service Provider)You confirm that you are of legal age i.e. 18 years to form a legally binding contract with Sulekha and are not a person barred, from availing the services offered by Sulekha under the laws as applicable in India.
Sulekha requires registration for those who participate in a variety of its services. When you authenticate your email or mobile number for using the local service need platform and register as a member on this Platform, you accept the following terms and conditions:
Your registration as a member of this Platform or the use of any of the features and services on this Platform either as a registered member or as an unregistered visitor constitutes acceptance of these Terms and Conditions and the Privacy Policy defined herein. These terms and conditions apply automatically to any new services and / or features introduced on this Platform.
Online registrationIn order to become a Sulekha member, you must first create a member account on this Platform by providing information about yourself including name, email or mobile number and your current city of residence. Sulekha may check for the validity of the email addresses or mobile numbers. You should ensure that you do not in any manner provide false and / or inconsistent and / or untrue information.
Optional profile informationOnce you provide the basic information to create an account, you will have the opportunity to provide additional information in the profile section describing your postal code, brief summary of yourself etc. Provision of this additional information beyond what is required at registration is entirely optional.
Recognising you as a Sulekha memberFor this Platform to recognise you as a registered member, you must login with your login email and password or alternatively use Sulekha services with your registered email or mobile number. At the time of login, you will have the option to instruct the site to remember you so when you come back the next time to use this Platform, you would not have to login with your email and password.
Should you chose the Platform to remember you; you accept that cookies shall be placed onto your server computers / device.
Internet communication protocol informationThe communication standards of the Internet industry transmit the URL of the website from which you visit this Platform, the IP address of your computer, the IP address of your ISP, various attributes of your computer such as operating system, resolution and browser software, and the date and time of your various requests for pages on this Platform. Sulekha file logging system automatically logs all of this information in its log files for its analysis.
Newsletter subscriptionsVisitors to this Platform may also sign up with their name and email address for a variety of newsletters that this Platform produces with varying frequency without having to register. Sulekha confirms the subscription by sending an email to the email address specified before sending the newsletter.
PasswordYou are advised to change your login password at regular intervals. Your password should be a combination of alphabets and at least one number and a special character. You are solely responsible for actions taken under your password, and should not disclose it to anyone else. You cannot use your password for any unauthorised purpose. Sulekha shall neither be responsible nor liable for your non-compliance with the terms of password change.
Accessing and changing your account informationYou can review the personal information you provided us and make any desired changes to the information, or to the settings for your account on this Platform, at any time by logging in to your account and editing the information on your profile page. You can also close your account through this Platform by sending your request to myprofile@sulekha.net with your login email address. Your request will be processed within 7 business days.
CommunicationsYour calls may be recorded to improve the service experience in the platform and for other business purposes. You hereby unconditionally authorize and / or approve Sulekha to record the calls made by you to Sulekha with respect to any services listed on this Platform. Sulekha at its discretion may delete such recording shall from its database within a period of twelve (12) months.
Further, by using Sulekha services and providing us your number, while registering for an account or receiving alerts or contacting an advertiser seller / buyer, you:
In case the User does not want to receive these messages on his / her mobile number, he / she shall not submit his / her mobile number with this Platform.
Contacting businesses through this PlatformSulekha uses certain virtual numbers and reserves the rights to display the same for contacting certain service providers. These are called User Virtual Number ("UVN"). This being the case, this Platform also holds the rights to contact those Users and Service Providers registered with the platform. The mode of contact may be through SMS / email / call, irrespective of whether the User is on the NDNC list or any other similar database.
You hereby waive your right to object and agree to not object and / or protest in relation to the same. All calls made through the UVNs between the User and the service provider shall be recorded by Sulekha for training and quality purposes including dispute resolution, service assurance, and other business purposes of Sulekha. You hereby give irrevocable consent to Sulekha for sharing the call recordings to other third parties for business purposes of Sulekha. You disclaim and / or abandon any right to sue and waive your right to object and agree to not object and / or protest in relation to any of the
These terms are to be read in conjunction with Sulekha's Privacy Policy and Sulekha' Intellectual Property Rights Infringement Policy:
All text, graphics, User interfaces, visual interfaces, photographs and media of all types, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party User generated Content and this Platform has no control over such third party User generated Content as this Platform is merely an intermediary for the purposes of this Terms of Use. All the Content available for public access on this Platform is protected by copyright. Your use of the Content must therefore adhere to the following terms, unless you are the original contributor of the Content to this Platform, in which case your use is governed by the terms governing Sulekha's relationship with its contributors as covered below:
While primarily being a local service need fulfilment platform, this Platform also provides a variety of forums for its members to express themselves in the form of articles, columns, opinions, comments, reviews, art and photographs. Sulekha provides value to its contributors by making available to them its vast global audience reach.
The terms in this section apply to all the Content contributed to this Platform in any of its various services and forums and are as follows:
This Platform may contain message / comment boards, testimonials, or other message or communication facilities (collectively, "Forums"). You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
All Forums are public and not private communications. Chats, postings, conferences, and other communications by other Users are not endorsed by Sulekha and such communications shall not be considered reviewed, screened, or approved by this Platform. Sulekha reserves the right for any reason to remove without notice any Contents of the Forums received from Users.
This section covers the terms under which various this Platform services, including, but not limited to, link forwarding services, event information, and any information available on this Platform, are made available to you. You agree that:
You acknowledge that:
Sulekha disclaims any responsibility for any harm resulting from the use by visitors of this Platform, or from any downloading by those visitors of Content posted. If you believe that material located on or linked to this Platform is offensive, indecent, violates your copyright or otherwise objectionable, you are encouraged to notify our team via the report abuse link or via email to myprofile@sulekha.net. This Platform will respond to all such notices, including as required or appropriate by removing the offensive / objectionable / infringing material or disabling all links to the infringing material on the Sulekha.com domain. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Sulekha or others, Sulekha may, in its discretion, terminate or deny access to and use of the platform.
Users of this service are responsible for all aspects of the transactions in which they choose to participate. This Platform requires a User to register before posting a service need requirement, a classified ad or uploading a variety of Content on the Platform. This Platform does not review or authenticate all listings, items, or services offered for sale. This Platform has no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of Service Providers to sell items or the ability of Users to buy items. Therefore, Users of this service should be aware that:
You hereby approve and / or authorise Sulekha to take such measures as are necessary for security purposes and / or improving the quality of services and / or to enhance and provide better Service Provider services to the satisfaction of the User. The User hereby disclaims his right to prevent and/ or proceed against Sulekha in relation to the same.
Payment of transaction amount can be done online if Users choose to do so. The User can:
The User and the service provider agree that:
This Platform provides Sulekha.com travel quotes as a service to receive air-fare quotes from various travel agents (" Service Providers ") around the world. Sulekha provides the platform but does not directly participate in, nor is it involved in any transactions. Users of this service are responsible for all aspects of the transactions in which they choose to participate. This Platform requires a User to register before sending a quote. This Platform will then send the information as filled in by the User on the form to various agents but does have any control over the feedback provided by the agents. Therefore, Users of this service should be aware that:
Access and use of this service and related facilities (hereinafter for the sake of brevity referred to as "Sulekha Score") is subject to following terms. Please read these terms carefully before using the services.
This Sulekha Score reflects Sulekha's assessment of a business, based on ratings, reviews and profile views in our Platform and other information submitted to us by the business. Sulekha does not endorse any particular business and does not guarantee quality, reliability or capability of a business. To avoid any ambiguity, it is hereby represented that Sulekha Score shall not act as a Perfect Index to assess and judge the capability, quality and reliability of a Business nor shall it be construed as a score for interpreting the quality of a business. Sulekha Score does not predict the outcome of service provided by a business. Rather, Sulekha Score is just a helper for Users to gather information about businesses who may be suitable for their needs. Users should not rely solely on Sulekha Score in deciding on a business for their service. Assessment of the same business may vary in other sources or may have been assessed based on different information. Sulekha shall makes every effort to avoid errors in the scoring system. However, we do not take any responsibility for any errors and request service providers to check their scores for errors as soon as they are published. All reasonable efforts will be undertaken by us to edit errors which are brought to our attention as contemplated under these Terms of Use.
By using this service, you agree to abide by the following terms and conditions:
Any new services and features will be subject to these Terms of Use as well as any additional terms of use that we may release for those specific services or features. It is your responsibility to check this page from time to time for updates or changes in terms and conditions.
Subject to your compliance with this terms and use, Sulekha grants you limited, personal, non-exclusive, revocable, non-assignable and non-transferable right to use Sulekha score and other Contents in the platform.
You must not:
Sulekha disclaims any and all responsibility or liability for any harm resulting from your use of third party services, and you hereby irrevocably waive any claim against Sulekha with respect to the content or operation of any third party services.
Using our Self-Serve Service does not give you ownership of any intellectual property rights in our Self-Serve Service or the content you access. These terms do not grant you the right to use any branding or logos used in our Services.
You agree to comply with the Terms of Use and acknowledge that Sulekha reserves the right to terminate your account or take such other action ( including legal remedies) as deemed fit if you commit breach of any terms of use.
In the event you discover that Sulekha Score is wrongly attributed to a particular business and requires amendment, then you may please notify the same to us in writing with following details:
Your notice should be sent to us in writing:
By email to care@sulekha.net
OR
By post to the registered office of the company at :
Sulekha shall verify the request and make earnest efforts to rectify the errors within reasonable time.
Sulekha does not warrant that Sulekha Score clearly represents the capabilities of the business nor shall it be construed as a mechanism to rank the business in the order of their quality and performance.
Access and use of the Self-serve' portal service and related facilities (hereinafter for the sake of brevity referred to as 'Self-Serve Service') is subject to following terms. Please read these terms carefully before using the services.
The terms of this Agreement shall include the " Terms of Use " for Users of this Platform insofar as such terms are not contrary to the terms provided herein in case of any contradiction, the terms provided herein shall prevail.
By using the Self-Serve Service, you agree to abide by the terms and conditions. We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time by updating the changes online. We may, from time to time, release new tools and resources, revise methodology of calculating the score and or introduce other services and/or features for the Platform. Any new services and features will be subject to these Terms of Use as well as any additional terms of use that we may release for those specific services or features.
It is your responsibility to check this page from time to time for updates or changes in terms and conditions.
Self-Serve Service assists the Service Provider to automatically list his business under the Platform. Sulekha provides its need fulfilment platform as a service to enable its Users to connect with each other or to connect with businesses in their city. Sulekha provides the Platform and enables the Users to find Service Providers/book services. Sulekha does not endorse any particular business and does not guarantee quality, reliability or capability of a business.
You may not post or list any service offerings that is restricted or prohibited by a state or local legislation or rule in India or other applicable jurisdictions. You, as the Service Provider, are responsible for ensuring that you are not posting an item that is prohibited by law in any jurisdiction...
Service offerings that are prohibited by laws, regulations, sanctions and trade restrictions in India or any applicable jurisdiction are strictly forbidden in the Platform. Sulekha as an entity prohibits and does not espouse or encourage usage of the Platform for posting of service offerings which directly encourages any illegal activities, any pornographic material or items that are sexual in nature, any service offerings that promote hatred, violence, racial or religious intolerance. It is your responsibility to determine whether the service offering of any listed item is authorized by law, statute, or regulation. Without limitation, the following service offerings may not be sold or listed on the platform to make firearms, explosives, and ammunition; alcoholic beverages; tobacco products; service offerings of food that is not packaged or does not comply with all applicable laws; pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods that infringe or otherwise violate another party rights, including copyright, patent, trademark, and rights of publicity and privacy; goods / services that are, in Sulekha's discretion, indecent, obscene or pornographic; registered or unregistered securities; goods/services which you do not have the legal right to sell /perform; goods which are misrepresented or which do not in fact exist; goods / services which, if sold via the Platform, would cause Sulekha to violate any law, statute or regulation. The above list of service offerings prohibited under the Platform is only illustrative and shall not be considered as exhaustive in nature. The list shall be updated on a continuous basis.
If you are unsure about the service offering you wish to list with the Platform in regard to its appropriateness or legality, please contact our Customer Services department by dropping an email to myprofile@sulekha.net.
You as a service provider do hereby confirm that the information uploaded or listed under the Platform is correct. No fraudulent information or service offering shall be listed under the Platform, which can either directly or indirectly be categorized as false and incorrect. You shall ensure that no errors are made before uploading / listing information into the Platform. Sulekha, does not take any responsibility for any errors and requests Users and Service Providers to check and verify the information before making any transactions. All reasonable efforts will be undertaken by Sulekha to edit errors which are brought to its attention as contemplated under this Terms of Use.
Subject to your compliance with this Terms and Use, Sulekha grants you limited, personal, non-exclusive, revocable, non-assignable and non-transferable right to use " Self-Serve " product and list your business along with service offering on the Platform.
You must not:
As a Service Provider you agree to list the business information and service offerings in the right category and accurately describe the service offerings. You must be at least 18 years of age and possess the legal authority to enter into this Agreement and to use the Self-Serve Service in accordance with all Terms & Conditions herein. If you are listing your business offering using the Platform, you further warrant that you have legal authority to enter into other binding & selling agreements for the purchase or sale of goods/services. You agree to be financially responsible for all of your use of the Self-Serve Service (as well as for use of your account by others, including without limitation minors living with you). You also warrant that all information supplied by you or members of your business and / or household in using the Platform, including without limitation your name, email address, street address, telephone number, credit card number (when required), and items listed under your service offering, their description and price offered ( when required) is true and accurate. You may be required to provide certain business & government documents that will be used to authenticate your listings. You declare that the documents submitted are true and correct.
You shall be courteous and treat Users of the Platform with dignity and respect. You hereby agree that Sulekha at its discretion is entitled to unilaterally remove your listing from the Platform without any liability and take appropriate action against you , in case of User complaint on complicit or derogatory treatment.
Sulekha disclaims any and all responsibility or liability for any harm resulting from your use of third party Services, and you hereby irrevocably waive any claim against Sulekha with respect to the content or operation of any third party services.
Using our Self-Serve Service does not give you ownership of any intellectual property rights in our Self-Serve Service or the content you access. These terms do not grant you the right to use any branding or logos used in our Services.
You agree to comply with the Terms of Use and acknowledge that Sulekha reserves the right to terminate your account or take such other action ( including legal remedies) as deemed fit if you commit breach of any terms of use.
In the event you discover that service offering or any other information is wrongly attributed to a particular business and requires amendment, then you may please notify the same to us in writing with following details:
Your notice should be sent to us in writing:
By email to myprofile@sulekha.net
OR
By post to the registered office of the company at :
Sulekha shall verify the request and make earnest efforts to rectify the errors within reasonable time.
Sulekha does not warrant that Self-Serve Service clearly represents the capabilities of the business nor shall it be construed as a mechanism to rank the business in the order of their quality and performance.
You hereby agree to indemnify, defend and hold harmless Sulekha, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
Sulekha reserves the right to cancel any listing at any time, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause. Sulekha reserves the right of removing the profiles of people/ entities who register with bogus addresses, telephone, and fax information. Sulekha reserves the right of removing the web mail of people who get involved in using web mail for Nigerian frauds.
As a Service Provider, you agree that Users may comment on their experiences with you in the feedback and reviews section of Sulekha and you release Sulekha and its Users from any liability for any comments.
As a Service Provider, by signing in this Platform you hereby unconditionally consents to receive calls / SMS's from Sulekha in accordance with the 'Do not disturb' guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad. Sulekha further reserves the right to send emails and SMS's related to any order / communication by the User / Service Provider ( Service Provider) on the Platform and the User / Service Provider agrees that the same will not tantamount to spam.
You hereby agree that, at no time shall Sulekha have any obligations or liabilities in respect of any/all transaction(s) entered between the User and Service Provider. Sulekha shall not responsible or liable for cancellations of bookings received from any User. It is the responsibility of the Service Provider to verify the details provided by the User during booking. Sulekha is only a platform that communicates the inputs of the User to the Service Provider.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Sulekha and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
Notwithstanding anything contrary contained elsewhere under this Terms of Use and without prejudice to other legal remedies available, Sulekha shall be entitled to claim appropriate sum towards all damages and compensation from you and other responsible parties in case loss of profit due to Fraud.
Sulekha may settle any amount collected on behalf of the Service Provider inclusive of taxes for a particular transaction within the acceptable timelines agreed by Sulekha and the Service Provider under this terms of use or via email. Sulekha is not responsible for any delays caused by banks and settlement intermediaries once the payment is initiated.
Sulekha shall not responsible for any discrepancy in the details provided by the Service Provider such as bank details and proofs. The Service Provider accepts the entire responsibility of ensuring the correctness of the details provided. Sulekha will process the payments according to the information provided and will not be liable for any loss incurred by the Service Provider due to incorrect details. Both User and Service Provider do hereby agree to indemnify and hold Sulekha harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms of Use.
Notwithstanding anything expressed hereinabove, the maximum liability for Sulekha under this Terms of Use or otherwise shall be the refund of the money collected from you for any specific service, under which the liability arises.
In no event shall Sulekha be liable to both User and Service Provider on account of booking, use, misuse or reliance on the platform: for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from [a] the use or the inability to use our services or access content, [b] the cost of procurement of substitute goods and services resulting from transactions entered into through or from Sulekha, [c] the unauthorized access to or alterations of your transmissions or data, [d] statements or conduct of any third party on the service, or [e] any other matter relating to the Service, even if Sulekha, has been advised of the possibility of damages arising out of or connected with the use (or inability to use) or performance of the portal, reliance upon or performance of any material contained in or accessed from any portal. Sulekha does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product or process disclosed on the portal or other material accessible from the platform.
Any payment made in respect of Self-Serve Service shall be governed by the terms dealing with Payment provided for in the "Terms of Use".
Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.
Sulekha (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. Sulekha shall have no responsibility to provide you access to this Platform while interruption of this Platform is due to any such cause shall continue.
You hereby agree to indemnify, defend and hold harmless Sulekha, its owner, licensee, subsidiaries, successors, assigns and their respective office affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
These terms are in addition to and must be read in consonance with the terms mentioned above under the head 'Accessing & transmitting Platform's Content'
Private communication, including email correspondence, is not regulated by this Platform. Sulekha encourages its Users to be professional, courteous and respectful when communicating by email. However, Sulekha will investigate and can take action on certain types of unwanted emails that violate this Platform's policies.
Communications may be intercepted for security purposes including but not restricted national interest.
You should be vary of any phishing filter, spam mails, email soliciting, and exchange of money for inheritance or cross-border access of funds.
Threats of bodily harm - this Platform does not permit Users to send explicit threats of bodily harm.
Violations of this policy may result in a range of actions, including:
No person shall subject the directors, employees, affiliates, agents, representatives or subcontractors of Sulekha to any physical harassment, intimidation, threats, coercion, confinement or use of criminal force, during the course of their business or in connection with the business. Any such act would lead to an automatic cancellation of any current and/or pending transaction being done by such person through this Platform. . This shall be in addition to and without prejudice to all our further remedies at law.
Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.
The following are the terms and conditions under which this Platform is providing the ticketing service and under which this Platform is to be used.
Ticketing: This Platform sells tickets on behalf of promoters, teams, bands and venues which means this Platform does not set the ticket prices or determine seating locations.
All ticket sales are final and no exchanges or refunds are allowed after a purchase has been made. Where tickets are mailed to the subscriber, neither the client nor will this Platform replace lost, stolen, damaged or destroyed tickets.
When you receive your tickets, please keep them in a safe place. Please note that direct sunlight or heat can sometimes damage tickets. Where "ticket delivery" feature is available and chosen, please allow enough time for the delivery of your ticket order.
If you have selected delivery by mail, please allow at least fourteen business days after your order is placed to receive your tickets. For express delivery allow at least 2 business days. These are approximate times, and this Platform is not responsible for deliveries that take longer.
'Will call' orders can be processed up to the day of the event. Where "will call' feature is available Will call feature: is when ticket is carried to the venue and is redeemed before entry and chosen, the Subscriber must show proof of identification and a printed copy of the electronic receipt to receive the actual ticket.
This Platform will send a confirmation of the order for tickets via email to the subscriber upon successful processing of the order. It is the responsibility of the subscriber to ensure that the email address provided is correct and accurate.
Occasionally, events are cancelled, delayed or postponed by the promoter, team, performer or venue for a variety of reasons. The User hereby agrees and acknowledges that if the event is cancelled, delayed or postponed for any reason, Sulekha shall have no responsibility whatsoever.
In such an event, please contact the organiser for information on receiving a refund. If the event was moved or rescheduled, the venue or promoter may set refund limitations. This Platform assumes no responsibility for such refunds and processes refunds only as instructed by the event organiser.
Your use of this Platform is at your own risk. This Platform is provided by Sulekha, on an "as is" and "as available" basis. To the full extent permissible by applicable law, websites disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
You acknowledge that any warranty that is provided in connection with any of the products or services made available on or through this Platform is provided solely by the owner, advertiser or manufacturer of that product and / or service and not by Sulekha. Further:
You acknowledge that any warranty that is provided in connection with any of the products or services made available on or through this Platform is provided solely by the owner, advertiser or manufacturer of that product and / or service and not by Sulekha. Further:
Your sole remedy for dissatisfaction with this Platform, site-related services and/or Content or information contained within the site is to stop using the site and/or its services.
Any material downloaded or otherwise obtained through the use of this Platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the do.
You agree to indemnify, defend and hold Sulekha, harmless from all claims, damages and expenses (including attorney's fees) made by any third party arising out of your Content, your use of this Platform, your connection to this Platform, your violation of this Agreement, our Terms of Use or our Privacy Policy, and the development, operation, maintenance, use and Contents of your website.
In no event shall Sulekha, be liable for any direct, indirect, incidental, special, punitive, consequential damages, or any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:
Notwithstanding anything expressed hereinabove, the maximum liability for Sulekha under this terms of use or otherwise shall be the refund of the money collected from you for any specific service, under which the liability arises.
Although this Platform is accessible worldwide, not all products or services discussed or referenced on this Platform are available to all persons or in all geographic locations or jurisdictions.
Unless otherwise specified, the material on this Platform is presented solely for the purpose of sale in India. This Platform makes no representation that materials on this Platform are appropriate or available for use in other locations/countries other than India. Sulekha reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on this Platform is void where prohibited.
In addition, Sulekha makes no representation that materials on this Platform are appropriate or available for use in locations outside India; therefore, accessing those materials from territories where they are illegal is prohibited. Those who choose to access this Platform from locations outside India do so on their own initiative and are responsible for compliance with local laws.
Sulekha, reserves the right to discontinue in whole or in part any portion of this Platform services or programs with or without notice.
By submitting this form, you authorise Sulekha to contact you at the telephone number or email provided for this inquiry, even if you have previously registered on a Do Not Dial registry or requested Sulekha or its agents to not send marketing or other information by phone or email. You agree we may use an auto-dialler to reach you. You understand that you are required to consent to receiving autodialled calls / messages / texts as a condition of procuring or using any this Platform products or services. You authorise and request this Platform to send you relevant and responsive ads and business listings that appear on the site to match your search and need.
If you do not wish to authorise Sulekha to contact you in this manner, you will need to call 6000 4050 to complete your request.
The User / Service Provider by signing in this Platform hereby unconditionally consents to receive calls / SMS's from Sulekha in accordance with the 'Do not disturb' guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad. Sulekha further reserves the right to send emails and SMS's related to any order / communication by the User / Service Provider on this Platform and the User / Service Provider agrees that the same will not tantamount to spam.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit member referrals on terms that may differ from those contained in this Agreement. You have independently evaluated the desirability of participating on this Platform or its programs and are not relying on any representation, guarantee or statements other than as set forth in this Agreement.
For the purpose of this Terms of Use, wherever the context so requires, "you" or "User" shall mean any natural or legal person who is a Service Provider on this Platform. The terms "we", "us", "our" shall mean the Platform
Please read the following Terms and Conditions which are applicable to your use of this Platform.
Your password should be a combination of alphabets and at least one number and a special character. You are solely responsible for actions taken under your password, and should not disclose it to anyone else. You cannot use your password for any unauthorised purpose.
You agree to comply with all applicable laws, statutes, ordinances and regulations concerning your participation in this Platform.
You agree not to make use of anyone else's information concerning this Platform's market places other than as necessary to participate on this Platform and to complete any transactions in which you are involved.
When participating in any of this Platform's service, you may provide us with information about yourself and / or products and services listed. You grant Sulekha exclusive rights in all of this information, and all information derived or generated from it, in all existing or future media. These rights include but are not limited to the right to display your information anywhere on this Platform's services and media properties, to search the information, and, consistent with our privacy policy, to repackage and resell it to anyone for any reason. As used in this paragraph, information includes but is not limited to data, text, photographs, drawings, sound recordings, feedback, and any other information or data displayed or presented in connection with your listings on this Platform.
You agree that Sulekha, in its sole discretion, may terminate any use of the Service / delete the listing immediately and without any prior notice.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Sulekha and any User / Service Provider of the Platform.
If at any point of time Sulekha finds that the information provided by you in your registration or web mail is false, Sulekha reserves the right to terminate your account.
You have the right to review the Terms & Conditions and cancel your campaign on this Platform, within 7 working days from the date of your campaign going live. If you choose to cancel your campaign, your refund will be processed as per Refund terms listed under the 'Terms of Use'.
A booking fee excluding other applicable taxes may be collected by Sulekha for the transactions booked through the Platform. If at any time, the Users are not satisfied with the quality of the Service Provider, User may call Service provider care toll free number of this Platform wherein the complaint will be noted for review. Sulekha holds the authority to decide if the booking fee should be refund for this compliant. Further, User will not have any right to claim or allege anything against Sulekha in respect of services provided/money collected by the Service Provider from the User beyond the booking fee amount.
In any case should you in any manner wrongfully or illegally detain any director, employee, affiliate, agent, representative or subcontractor of Sulekha, we shall be constrained to take all such actions including cancellation of the refund process. Any refund will stand forfeited without any further reference to you. This shall be in addition to and without prejudice to all our further remedies at law
User shall directly contact Sulekha for processing any requests pertaining to cancellation of bookings.
On receiving cancellation request, the refund shall be governed by the Refund terms mentioned in the Agreement. The cancellation request should be raised before a minimum of 24 hours before the scheduled time for performance of service. For any requests that are not raised before 24 hours, the booking fee is non-refundable.
Sulekha is not obligated to refund to you any amounts or fees paid by you while placing the order, except solely in the event you rescind or terminate your subscription within the ‘seven days from the date of activation of campaign following your agreement to purchase a service package. You authorize Sulekha to charge you for any sales or similar taxes that may be imposed on your payments, lead fees, or any other fees charged by Sulekha :
In case of any rejected, non-activated campaigns, Sulekha will make best effort to process the refund within a period of 15 days (Fifteen days) from date of clearance of payment. In case of a refund of the amount paid under advance renewals, Sulekha will not be under any obligation to process refund requests initiated after 15 days ( fifteen days) from the date of clearance of payment.
For activated campaigns, refund will be processed as follows:
All refunds, wherein the refund requests are raised within thirty days from the date of activation of campaign will be processed through cheque except for payment made via cards or net banking, in such cases, refund will be processed to the Service Providers’ card account / bank account. In any case should you in any manner wrongfully or illegally detain any director, employee, affiliate, agent, representative or subcontractor of Sulekha, we shall be constrained to take all such actions including cancellation of the refund process. Any refund will stand forfeited without any further reference to you. This shall be in addition to and without prejudice to all our further remedies of law.
If any dispute, controversy or claim arises out of, or in relation to, or in connection with this Agreement or its termination or validity, the parties shall attempt to mutually resolve the same through mediation.
However, if the parties fail to resolve the above dispute within a period of 30 days, the same shall be referred to arbitration under the Arbitration and Conciliation Act, 1996.
The arbitration shall be conducted by a sole arbitrator, appointed by Sulekha. The place of arbitration shall be in Chennai, India and it shall be conducted in English.
The award of the arbitrator shall be final, conclusive and binding upon the parties
The courts in Chennai shall have exclusive jurisdiction in relation to any dispute arising between the User and the Service Provider with Sulekha.
The User and Service Provider agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this Platform or these Terms and Conditions must be filed within one (1) year. Any claim or cause of action which may arise or is filed after a period of one year from the date of transaction shall not be entertained and shall be barred.
Users are encouraged to investigate or perform your own due diligence concerning the Lawyers and their qualifications. No representation is made that the quality of the professional services to be performed is greater than the quality of professional services performed by other Lawyers. We urge all users to make their own independent investigation and evaluation of any Lawyer being considered.
This Special Offer is not redeemable for cash or any other items/offers.
Sulekha reserves the right to add vary/replace all or any of the terms and conditions wholly or in part this promotional scheme or to withdraw it completely or change the composition of the Special Offer.
The customer agrees to release, indemnify and hold harmless, Sulekha its respective affiliates, its advertising and promotion agencies, and all of its respective agents, representatives, officers, directors, shareholders and employees from and against any injuries, losses, damages, claims, actions, or any liability of any kind resulting from or arising from your or any third party’s use (or misuse) of the Special Offer.
The terms of the Offer are construed according to the laws of India.
Sulekha reserves the right to forfeit the Special Offer in the event it is found any information provided by the Eligible Customers is wrong or any misrepresentation is made by them.
This Special Offer is subject to force majeure clause i.e. In the event of unforeseeable or any other circumstances such as technical failures in the telephone lines, server failures or any mistakes arising out of technical snags, Sulekha will be unable to perform the obligation. By availing this Offer, it shall be construed that the customer has read, understood, accepted and agreed to abide by all the terms and condition stated hereunder.
Information about the Offer is correct at the time of publication. Eligible Customer can refer to the latest set of Terms and Conditions available on Sulekha’s website.
All services offered are at the sole discretion of Sulekha.
Sulekha reserves the right to modify/change all or any of the Terms and Conditions applicable to Offer without providing any reasons or prior intimation whatsoever. Sulekha also reserves the right to discontinue the Offer without giving any reasons or prior intimation whatsoever.
Wallets with statuses such as Lost/Stolen/Blocked are not eligible for this offer.
Any tax or other liabilities or charges payable to the Government or any other statutory authority/body or any participating establishment, which may arise or accrue to the Customer due to provision of the Offer, shall be to the sole account of the Customer. * Sulekha reserves the right to disqualify the Offer or Customer/s from the benefits of the Offer if any fraudulent activity is identified as being carried out for the purpose of availing the benefits under the Offer.
Sulekha User can avail the offer within 1 year of the earned points.
Mobile number needs to be verified to be eligible for cash back.
Conversion ratio of points to paytm cash will vary and solely determined by Sulekha as it deems fit.
Points will be earned by a customer for maximum of giving two reviews per day(00:00 to 23:59)
Points can be earned only for need request posted within last 90 days from the date of giving review.
The following terms constitute a legally binding agreement ("Agreement") between you and Sulekha.com New Media Pvt Ltd (Sulekha) governing use of www.sulekha.com and related mobile applications (together referred to as "Platform") and any transactions performed in the platform. Sulekha matches needs of users with that of service provider and acts as intermediary in need fulfillment process. This is an agreement between you as the user of the Platform and Sulekha.com New Media Pvt Ltd. ("Sulekha"). The expressions "You" "Your" or "User(s)" refers to any person who accesses or uses the platform for any purpose and we," "us," "Company" or "our" refers to entity that you are contracting for the service i.e Sulekha.com New Media Pvt Ltd.
By subscribing to or interacting with other User(s) on or entering into negotiations in respect of need or subscribing to any services on or using the platform in any manner for any purpose, You undertake and agree that You have fully read, understood and accepted the Agreement.
If you do not agree to or do not wish to be bound by the Agreement, You may not access or otherwise use the platform in any manner. This Agreement applies to any person who accesses or uses the Web Site for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the Web Site, under actual or apparent authority. User(s) may use this Web Site solely for their commercial/business purposes.
This Agreement applies to all services offered on the Web Site and by Sulekha, collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on the Web Site. In the event of any conflict or inconsistency between any provision of this Agreement and any additional terms and conditions applicable in respect of any service offered on the Web Site, such additional terms and conditions applicable in respect of that service shall prevail over this Agreement.
1.Terms of UsageUsers of this service are responsible for all aspects of the transactions in which they choose to participate. Sulekha requires a user to register before posting a service need requirement or uploading any content on the platform. Sulekha does not review or authenticate all listings, items, or services offered for sale. Sulekha has no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of Service Providers to service the need or the ability of executive to perform the services as per users need requirements. Therefore, users of this service should be aware that:
User agrees that and accept exclusions and inclusions under scope of service as displayed at the time of placing the order in the platform. User accepts that, Sulekha shall not be held liable for any change in exclusions and/or inclusions by the service provider at the time of rendering the services booked through the platform.
Service Providers and users are completely responsible for working out the sale and exchange of goods or services. Sulekha is not responsible for any non-performance or breach of any contract entered into between the users and Service Providers. Sulekha cannot and does not guarantee that the respective service provider will perform any transaction concluded on the Sulekha portal.
Both user and Service Provider do hereby agree that Sulekha shall not be required to mediate or resolve any dispute or disagreement that might arise between the parties out of these transactions.
Service Providers and users are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate.
Service Providers and users are responsible for all applicable taxes and for all costs incurred towards any transactions emanating platform. Service Providers and users are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate
Sulekha will not be liable for damages of any kind incurred to any parties as a result of the information contained in Sulekha.com website. Users shall not use or manipulate this service for any fraudulent activity or purpose. Items or services offered for sale must comply with applicable laws. Sulekha disclaims any and all responsibility or liability for any harm resulting from your use of third party Services, and you hereby irrevocably waive any claim against Sulekha with respect to the content or operation of any third party services.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services.
You agree to comply with the terms of use and acknowledge that Sulekha reserves the right to terminate your account or take such other action ( including legal remedies) as deemed fit if you commit breach of any terms of use.
User agrees that Sulekha is a platform, indemnifies Sulekha, its employees, officers, agents and directors from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with transactions or disputes. We do not control the information provided by other users that is made available through our system. Users may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense for your own safety. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals.
It is confirmed and acknowledged by the user that, all/any information provided by the user, including name, age, contact details and other details to Sulekha are accurate and can be used and forwarded by Sulekha to Service Provider(s). Any such act, committed by Sulekha shall not constitute a violation of privacy or other rights of the user.
At no time shall Sulekha have any obligations or liabilities in respect of all/any transaction entered into between the user and Service Provider. Sulekha is not responsible for unsatisfactory or delayed performance of services or damages, if any incurred during service.
Sulekha does not make any kind of warranties or representation on delivery, service, quality, suitability and availability of services in the website.
Sulekha shall not be responsible for any loss or damage whatsoever that may be suffered or any personal injury that may be suffered to a user, directly or indirectly by use or non-use of services mentioned in the website
Prices mentioned (if any) on the Sulekha portal are subject to change. Users are advised to check with Service Provider for the final price and additional charges applicable, any. Users agree that they shall directly negotiate with service provider in case of change of rates and make payments towards all outstanding dues.
User(s) agree to fully assume the risks of any transactions ("Transaction Risks") conducted on the basis of any content, information or any other material provided on the platform and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction.
Notwithstanding anything expressed hereinabove, the maximum liability for Sulekha.com New Media Pvt Ltd under this terms of use or otherwise shall be the refund of the money collected from you for any specific service, under which the liability arises.
In no event shall Sulekha.com New Media Pvt Ltd be liable to both user and customer on account of booking, use, misuse or reliance on the portal: for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from [A] the use or the inability to use our services or access content, [B] the cost of procurement of substitute goods and services resulting from transactions entered into through or from Sulekha, [C] the unauthorized access to or alterations of your transmissions or data, [D] statements or conduct of any third party on the service, or [E] any other matter relating to the service, even if Sulekha.com, has been advised of the possibility of damages arising out of or connected with the use (or inability to use) or performance of the portal, reliance upon or performance of any material contained in or accessed from any portal. Sulekha.com New Media Pvt Ltd does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product or process disclosed on the portal or other material accessible from the portal.
2.PaymentPricing for the services will be as described in the respective page of platform.
Users shall be provided with the option to book the service by paying a percentage of payment in advance through the platform.
The Payment Services may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. Sulekha is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Sulekha of such Third-Party Services.
You represent and warrant that: (i) neither you nor service location is/are located or take place in a country that is subject to a Indian embargo, or that has been designated by the Indian Government as a "terrorist supporting" country; and (ii) you are not listed on any Indian Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
Sulekha reserves the right to modify these Payments Terms at any time subject to this clause. If we make changes to these Payments Terms, we will post the revised Payments Terms on the Platform and update the "Last Updated" date at the top of these Payments Terms. You are requested to check and verify that you are in agreement with any/all changes.
You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. Sulekha is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
3.CancellationUser agree and accept that any service booked for the platform cannot be cancelled under any circumstances. User agrees and accept that any booking fee or such other amount paid in Sulekha platform towards booking of service is non-refundable.
4.DisclaimersIf you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided "as is", without warranty of any kind, either express or implied.
Notwithstanding Sulekha's appointment as the limited payment collection agent of Service Providers for the purposes of accepting payments from Users through the Sulekha's Platform, Sulekha explicitly disclaims all liability for any act or omission of any Service Provider or other third party. Sulekha does not have any duties or obligations as agent for each Service Provider except to the extent expressly set forth in applicable Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
If we choose to conduct identity verification on any Service Provider and/or User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Service Provider/ User or guarantee that a Service Provider/ User will not engage in misconduct in the future.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
5.IndemnificationTo the maximum extent permitted by applicable law, you agree to release, defend, indemnify, and hold Sulekha and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) Sulekha's Collection and Remittance of applicable Taxes; or (iv) your breach of any laws, regulations, or third-party rights.
6.Limitation of LiabilityNeither Sulekha nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other users or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Sulekha has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Service Providers pursuant to these Payments Terms, in no event will Sulekha' aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed or Indian Rupees Two hundred only (INR 200/-), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Sulekha and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the India., this does not affect Sulekha' liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
7.Applicable Law and JurisdictionThis Agreement shall be governed exclusively by the laws of India. Any action brought hereunder shall be brought exclusively in the courts in Chennai, and both parties hereby consent to the jurisdiction of such courts and to such venue, which both agree is convenient.
Any dispute or difference arising out of, or in connection with, your usage of platform or the breach thereof which cannot be amicably settled between User and Sulekha (including through alternative dispute resolution procedures as may be agreed to by the Parties) shall be arbitrated in accordance with the Indian Arbitration and Conciliation Act, 1996 or any statutory enactment or re-enactment in force. The seat of the arbitration shall be Chennai, Tamil Nadu, India. A Sole arbitrator appointed by Sulekha shall conduct the arbitration proceedings, whose reward shall be final. The language of the arbitration shall be English. Outside India, the Parties agree to go through Alternative Dispute Resolution (ADR) procedures, arbitrated in accordance with the UNCITRAL Arbitration Rules as at present in force.
Any resulting arbitral decision shall be final and binding on both parties. Judgment upon any arbitration award may be entered in any court having jurisdiction thereof. Such judgment shall be in lieu of any other remedy.
Please note that the clauses of this agreement along with applicable policies placed in the platform can be changed/altered over time. Users are advised to regularly check our privacy statements for such updates and ensure that they do are in agreement with changes and updates. The Agreement read with terms of use, copyrights policy, Privacy Policy and such other policies placed in the platform constitute the entire agreement between the User(s) and Sulekha with respect to access to and use of the Sulekha, superseding any prior written or oral agreements in relation to the matters described hereinabove.
Sulekha.com New Media Pvt Ltd (‘Sulekha’/’Company’) offers its customers a solution to effectively and easily manage the visibility of their points of sale.
RECITALSSulekha is engaged in the business of providing services to business to manage their points of sale on a range of partner platforms, with which the company has established agreements and/or established a solution to monitor reviews, in order to be aware of what internet users may say about these establishments on local sites.
Sulekha and Licensee wish to enter into this Agreement whereby Sulekha provides certain access to platform to synchronize the information and Data transmitted by the customers to the partner (defined below) and Updated Information Services (defined below).
1. DEFINITIONSAs used in this Agreement, the following terms shall have the following meanings with such meanings to be equally applicable to both the singular and plural forms of the terms defined:
"Agreement" means this License Agreement, along with order form, privacy policy and any other terms of use provided in the platform and any agreements, schedules or exhibits supplementing or amending this Agreement.
"Fees" means the amount payable by Licensee for access to and use of the Service
"Information" means the information provided by customers for synchronization to partner platforms, collectively.
"Proprietary Information" means the Service and all other data, manuals, documentation, algorithms, and other information that may be disclosed or provided to Licensee in the course of providing the Service, and all intellectual property rights thereon.
"POI (Point of Interest)" address of a point of sales or a service of a customer.
"Partner Platforms" Google My Business & Google Maps, Waze, TomTom, Here, Foursquare, Factual and Facebook local.
"Service" means the synchronization of information provided by the customer and any software applications and any other services provided by Sulekha to Licensee. The Service includes any corrections, enhancements, updates or other modifications to the Service during the term of this Agreement.
"Updated Information Service" means the service provided by Sulekha to Licensee whereby the Information is updated on an on-going basis upon receipt of data from customers.
2. LICENSE2.1 Grant. Subject to the terms and conditions of this Agreement (including Licensee’s obligation to pay for the Service), Sulekha grants to Licensee a 12 month (unless otherwise terminated as set forth herein) a non-exclusive, non-transferable license to use the Service solely for the purposes of synchronization of customer data across partner platforms.
The Partner platforms can, at any time freely change their graphic policy, posting policy and commercial policy with respect to the posting of content. Sulekha can therefore not engage in an obligation to achieve results with respect to the publishing of certain content and Data on certain platforms or even with respect to the simple publishing of information on a particular site. However, Sulekha commits to do its utmost to ensure that the Data published by the Customer is published on the Partner sites as quickly as possible.
The customer remains responsible for information published on the public files of the Partners platform before, during and after the assured provision by the Sulekha. They retain the option to modify this information themselves by following the Partners instructions.
2.2 Publishable data
The customer commits to do submit correct information with respect to its business for integration and synchronization of its point of sale integrate the maximum possible Data published by the Customer, notably:
The Customer commits to update the Data on this file regularly and at least before each update.
The Customer commits to do its utmost to help the Sulekha if they require complementary information to keep within the written obligations.
The Customer commits to only update the Sulekha with lawful content, free from any violation of public order, morality or the rights of third parties.
Review ManagementA. Centralization of The Customer’s local reviews
The Sulekha commits to provide the Customer with a monitoring solution for local reviews so that the latter may be informed as soon as a review related to these establishments is posted by an internet user on a Partner site, in order to respond to it quicker. To date, the partners of the Sulekha are Google, and Facebook.
If Sulekha signs new partnership agreements during the contractual period, they will be automatically integrated into the solution provided to the Customer, at no extra cost, provided that this partner was negotiated on a no charge basis.
For the proper execution of the contract, the Customer must provide the Sulekha with Data via the Sulekha interface (or a dedicated stream) or via an Excel file complying with the standards defined by The Sulekha.
The Partner platforms can, at any time freely change their policy for providing notice. The Sulekha can therefore not engage in an obligation to achieve results with respect to the recovery of local notices. However, The Sulekha commits to do its utmost to centralize all reviews on the interface as frequently as possible.
The review monitoring product consists of several things:
B. Sending SMS invitations to submit reviews
Sulekha undertakes to provide the Customer with a solution of incitement to deposit reviews via SMS invitations sent from the Sulekha’s interface.
To date, the Review Booster solution allows you to send SMS invitations in order to post a review on Google My Business.
If the Sulekha signs new partnerships during the contractual period, these will automatically be integrated into the solution provided to the Customer, without additional cost, on the condition that this partnership is negotiated on the basis of a free package.
Partner platforms may change the policy for the submission of the reviews at any time and freely. Sulekha cannot therefore commit to an obligation of result regarding the reviews posted on Google My Business’ listing.
2.3 Restrictions on Use Licensee represents and warrants to Sulekha, both during and after the term of this Agreement, the following provisions:
3.1 Fees In consideration of the rights granted Licensee hereunder, Licensee will pay Sulekha the Fees as more specifically described in e-orders.
3.2 Taxes Fees are exclusive of goods and services tax and other taxes, which are the responsibility of Licensee. Sulekha shall charge Licensee applicable GST; Licensee shall be responsible for filing all other taxes.
3.3 Billing; Payments; Late Fees At the end of each Sulekha billing cycle, Sulekha will invoice Licensee for all Fees incurred by Licensee during such billing cycle. Sulekha will impose a late charge of 2 percent per month compounded on any delinquent account until paid in full hereunder until all delinquent amounts owed have been paid in full. Licensee agrees to pay all attorney fees and collection costs incurred by Sulekha in collecting any delinquent account, whether or not litigation is instituted. In the event of any litigation or other action involving this Agreement, the prevailing party shall be entitled to reasonable attorney fees and court costs including at trial, on any appeal, and/or in a bankruptcy or similar proceeding, in addition to any other recovery to which it is entitled.
3.4 Compliance Audits Sulekha reserves the right, at its own expense, to select an independent auditor to audit Licensee for the purpose of ensuring Licensee’s compliance with the terms and conditions of this Agreement, after providing Licensee with reasonable notice thereof. If such audit indicates there has been a material breach in Licensee’s compliance of the Agreement.
The responsibility of the Sulekha is limited to the amount actually paid by the customer since the last renewal of the contract.
4. TERM; TERMINATION4.1 Term. The initial term of this Agreement shall be for a period of one year, commencing on the Effective Date. The term shall automatically renew for additional successive twelve (12) month terms, unless terminated pursuant to Subsection 4.2 (Termination) of this Agreement.
4.2 Termination. Sulekha may terminate this Agreement without any cause, at its discretion by sending a written intimation to other party. Licensee may terminate this Agreement upon ninety (90) days prior written notice. Except for the termination provisions in Section 3.4 (Audits), if either party breaches any provision of this Agreement, the non-breaching party shall, upon providing written notice of such breach, be entitled to immediately terminate this Agreement, provided such breach is not cured within thirty (30) days following such notice. If this Agreement is terminated as a result of a breach, the non-breaching party shall, in addition to its right of termination, be entitled to pursue legal remedies against the breaching party. Notwithstanding the foregoing, if Licensee is in breach under Section 3 (Fees) of this Agreement, Sulekha may terminate this Agreement effective immediately after giving Licensee written notice of such default.
4.3 Payment Upon Expiration or Earlier Termination Upon the expiration or termination of this Agreement as set forth above in Subsections 4.1 (Term) and 4.2 (Termination), Licensee shall pay Sulekha in full for all services actually delivered and services actually performed by Sulekha under this Agreement prior to the effective date of such expiration or termination.
5. Disclaimer SULEKHA DO NOT REPRESENT OR WARRANT THAT THE SERVICE IS VALID, COMPLETE, FREE FROM ERROR, WILL MEET LICENSEE’S NEEDS, OR THAT THE SERVICE WILL BE PROVIDED ON AN UNINTERRUPTED BASIS AND THE SULEKHA EXPRESSLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES. THE SULEKHA DO NOT ASSUME, AND EXPRESSLY DISCLAIM, ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS, DELAYS IN NOTIFICATION OR OMISSIONS IN THE SERVICE. WHETHER SUCH ERRORS, DELAYS IN NOTIFICATION OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT, OR OTHER CAUSE.
6. SULEKHA’S LIMITATION OF LIABILITYSULEKHA SHALL HAVE NO LIABILITY UNDER OR RELATED TO THIS AGREEMENT, WITH THE EXCEPTION OF BREACH OF INTELLECTUAL PROPERTY, WHICH SHALL BE LIMITED AS FOLLOWS: SULEKHA’ TOTAL LIABILITY AND LICENSEE’S EXCLUSIVE REMEDY UNDER BREACH OF INTELLECTUAL PROPERTY SHALL BE LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING THE GREATER OF (I) ONE THOUSAND RUPEES (INR 1000/-) OR (II) ALL FEES PAID BY LICENSEE TO SULEKHA UNDER THIS AGREEMENT. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THE LIMIT. SULEKHA SHALL HAVE NO LIABILITY UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT FOR ANY LOSS OF PROFIT OR REVENUE OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF SULEKHA IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
7. LICENSEE’S INDEMNIFICATIONLicensee agrees to indemnify and hold Sulekha harmless from and against all claims of third parties arising out of or related to the use of the Service by the Licensee, or attributable to Licensee’s breach of this Agreement. Sulekha shall control the defense and any settlement of such claim, and shall cooperate with Licensee shall cooperate with Sulekha in defending against such claim.
8. LICENSEE’S ACCEPTANCE OF INFORMATIONLicensee acknowledges that Sulekha facilitates synchronization of Information is submitted by the licensee with partner platforms. Sulekha shall use good faith in attempting to obtain information and upload it against respective point of sale under partner platforms, in Sulekha’s sole judgment, but does not guarantee the accuracy of the information furnished. Licensee also acknowledges that for the consideration tendered hereunder Sulekha cannot be an insurer of the accuracy of the information and that the terms under which the Information is provided under this Agreement are based upon the parties’ expectation and agreement that the risk of any loss that may be incurred by use of the Information will be borne by Licensee and not Sulekha. Licensee agrees that the Information is secured by and through fallible human sources, that Sulekha does not undertake a separate investigation for each individual listed, and that Sulekha makes no representations regarding the any individual listed in the Information. Licensee therefore agrees that it is responsible for determining that the Information is acceptable and in accordance with Sulekha’s obligations under this Agreement. If Licensee reasonably determines that the Information does not meet Sulekha’s obligations under this Agreement, Licensee shall so notify Sulekha in writing within thirty (30) days after receipt of the Information. Licensee’s failure to so notify Sulekha shall mean that Licensee accepts the Information is true and correct, and Sulekha shall have no liability whatsoever for the Information
9. FORCE MAJEUREIn the case of force majeure, the obligations of both parties will be suspended. By express agreement, constituting a force majeure, disturbances of the telecommunications network as well as all attributable unavailability which is not caused by the Sulekha and is out of its control.
In the case that force majeure persists for longer than sixty (60) days, the present contract may be automatically terminated by one of the other of the parties.
10. JURISDICTIONThe parties intend to give exclusive jurisdiction to the High Court of Madras and subordinate courts thereto for any dispute concerning the validity, interpretation, execution or breach of the present contract.
The following terms constitute a legally binding agreement ("Agreement") between you and Sulekha.com New Media Pvt Ltd (Sulekha) governing use of Sulekha eLearn ( at https://elearn.sulekha.com) and related mobile applications (together referred to as 'Platform') and any transactions performed in the platform. The expressions "You" "Your" or "Instructor(s)" refers to any person who accesses or uses the platform for any purpose and we," "us," "Company" or "our" refers to entity that you are contracting for the service i.e., Sulekha.com New Media Pvt Ltd. These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
By subscribing to or interacting with User(s) on or entering into negotiations in respect of need or performing any services or using the platform in any manner for any purpose, you undertake and agree that you have fully read, understood and accepted the agreement. If you do not agree to or do not wish to be bound by the agreement, you may not access or otherwise use the platform in any manner. This Agreement applies to any person who accesses or uses the Platform for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the platform, under actual or apparent authority. User(s) may use this platform solely for their commercial/business purposes.
1. Description of Sulekha eLearnSulekha eLearn is a cloud-based platform that facilitates online education through interaction and exchange of knowledge about a specific course content between Instructor and the Student/User. Technical facilities and tools with video, audio and document interface are offered by Sulekha to both users and Instructor for conducting live/ recorded classes/sessions or any communication that facilitates the same.
2. DEFINITIONAs an Instructor, your use of the Services is governed by the policies, terms and conditions herein.
3. Using the platform and Eligibility:Instructor shall provide the following government approved Identity proof, address proof and bank account related details and such other documents as may be requested by Sulekha from time to time before providing services under the agreement. Inorder to use the platform:
Subject to these Terms of Use, we grant you a limited, non-exclusive, non-transferable, and revocable license to use Sulekha eLearn Platform (Sulekha eLearn). You agree that you will create, access, and/or use only your account, and you will not share with any third-party access to or access information for your account. At time of creation of account, you agree to provide accurate and complete information, and you agree to update your information to keep it accurate and complete.
Instructor shall not publicly share any data/content listed in e-learn platform which contains information about the students.
You are prohibited from using Sulekha E-Learn:
You are further not permitted to do any of the following with or relating to Sulekha E Learn:
Sulekha may screen or monitor content provided by users, and may remove or edit inappropriate content or activity reported to us or suspend, disable, or terminate a user's access to all or part of Sulekha E-Learn.
5. ROLE OF SULEKHASulekha acts only acts as a facilitator between the Instructor and User. The transaction is always between the Instructor and the User. It is the sole responsibility of the Instructor to ensure they have all the requisite licenses; approvals and all other legal requirements are complied to undertake and perform services booked. Sulekha gives no warranty or assurance in regards to requisite licenses, approvals and other documents which the Instructor is supposed to obtain from appropriate authorities.
Sulekha shall not be responsible in any manner whatsoever for any claims with respect to the services including without limitation, claims pertaining to timeliness, safety, continuity, quality, lesson services, conduct of users , Instructors or other users of the site or services or any act or omission of Instructor causing any damage/ risk to the User and vice versa.
Sulekha disclaims and shall disclaim all representations and warranties to the user, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of any and all the services that is offered by Instructor and/ or that are used by the users as a part of the service offered through Sulekha eLearn platform.
Without prejudice to the above, Sulekha makes and shall make no representation or warranty to the user that the service of Sulekha will meet your requirements or the service provided by Sulekha will be uninterrupted, timely, secure, or error-free.
Sulekha shall not be responsible or liable for any loss or damage, how so ever caused or suffered by the Instructor arising out of the use of the service offered by Sulekha or due to the failure of Sulekha to provide services to the user for any reason whatsoever including but not limited to any users' non-compliance with the services offered by Sulekha, which includes, but is not limited to any incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Sulekha or any person or any organization involved in the above mentioned systems. Sulekha will not be liable to User or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of the information derived by User through usage of Website, in so far as such information is provided by the Instructor.
6. SECURITY & DATASulekha shall use all commercially reasonable efforts to provide accurate and fit for purpose data security and systems security which includes system level access security measures and data-level access security measures. Sulekha shall use commercially reasonable efforts to ensure that all relevant data on its cloud server or other relevant computer systems hereunder are backed up on a regular basis.
In case of any attempt by any parties to infringe security systems, Sulekha will have the right to investigate and prosecute violations of any of the above to the fullest extent permitted by applicable law. Sulekha may involve and cooperate with law enforcement authorities or third parties in investigating and prosecuting users who violate these Instructor Terms of Service or any other policies applicable to use of the Services. Sulekha acts as a technology service that facilitates the provision of Lesson Services between Instructors and Users. You acknowledge that Sulekha has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Instructor Terms of Service or any other policies applicable to use of the Services, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Sulekha reserves the right, at any time and without prior notice, to (i) remove content from the Service at any time for violations of these Instructor Terms of Service or other policies applicable to use of the Service; (ii) give an Instructor the opportunity to amend content it believes to be in violation of these Instructor Terms of Service or other policies applicable to use of the Service.; and (iii) take appropriate action against an Instructor. Nonetheless, you agree that, to the fullest extent permitted by applicable law, Sulekha is not responsible for any User Content or any Instructor's failure to comply with these Instructor Terms of Service or other policies applicable to use of the Service. Without limiting the terms of the "Limitation of Liability" section below and to the fullest extent permitted by applicable law, Sulekha is not responsible for the use or exchange of any information, files or goods between Instructors and Users.
7. INSTRUCTOR TERMS OF USE:To Use the Services, you must provide us with the following "Registration Data", a valid and functional e-mail address ("Registered E-mail ID"); a valid and functional phone number registered in your name ("Registered Phone Number"); a password; valid Bank/Card details (for example, Bank Account No, IFSC Code, Bank Account No, Card No, Card Expiry details etc.) and any additional information that RBI Regulations may prescribe to be necessary to satisfy Know Your Customer norms ("KYC Norms"), or as we deem fit.
The Instructor shall ensure that the user pays the Service Fee (as displayed in the installed technology firmware, or that is otherwise agreed upon by Sulekha and the Instructor at the time of hire), additional charges, other charges (where applicable) and any fee or levy presently payable or herein after imposed by law or required to be paid for rendering the service. All Statutory levies, shall be payable by the Instructor.
Instructor expressly warrants that:
It has full power and authority to accept/execute and perform this Agreement, and the execution and performance of this Agreement shall not violate any law or agreement to which they are a party or by which it is otherwise bound.
All warranties specified herein shall be in addition to any other warranties, express, statutory or implied.
10. COPYRIGHTSulekha may, from time to time, request Instructors to produce a wide variety of content e.g., stand-alone videos, courses, quizzes, etc. as part of from eLearn. This shall be used for:
Marketing purposes both on and off eLearn
Instructor agrees to give eLearn the rights for a period of ten years to use the content as listed above, free of cost and royalties. Sulekha eLearn reserves the right to organize such content with content produced by other Instructors to form courses and other material for students. In all cases, the Instructor will be identified as the author of such content. Instructor and eLearn agree to arrive at a mutually satisfactory revenue sharing agreement when students are paying for such recorded content.
11. DISCLAIMERThe site and services are provided "as is," "where is," "as available," "with all faults" and, to the fullest extent permitted by law, without warranty of any kind. Sulekha and its licensors disclaim all warranties with respect to the site and services, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties regarding quiet enjoyment, quality of information, security, reliability, timeliness, availability of backed-up data and performance of the site and services. Sulekha does not warrant that the site or the services will meet your requirements, or that the operation of the site and services will be uninterrupted or error-free, or that defects in the site and services will be corrected, or that encryption algorithms, associated keys and other security measures will be secure or effective. Sulekha does not warrant that provision of lesson services will produce any level of profit or business for you or lead to economic benefit.
You acknowledge and agree that Sulekha does not operate or control the internet and that (i) viruses, worms, Trojan horses, and other undesirable data, or software, or (ii) unauthorized users (e.g., hackers) may attempt to obtain access to and damage your data, websites, computers, or networks. Sulekha shall not be responsible for such activities. You are solely responsible for the security and integrity of your data and systems. No advice or information, whether oral or written, obtained from Sulekha or through the site, services or collective content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with Instructors and other users of the site and services and with other persons with whom you communicate or interact as a result of your use of the site or services, including, without limitation, any interaction with Instructors or users via the services or otherwise. You understand that Sulekha makes no representations or warranties as to the conduct of Instructors, users or other users of the site or services or their compatibility with any current or future users or users of the site or services. You agree to take reasonable precautions in all communications and interactions with other users of the site and services and with other persons with whom you communicate or interact as a result of your use of the site or services.
12. CONTENTInstructor shall be responsible for planning each lesson and ensuring you have obtained any relevant materials (worksheets, books, instruments, etc.) beforehand. Lessons each week must cover the topics highlighted in the syllabus provided for each Key Stage. All Instructors are encouraged to make the lessons as interactive as possible. This can be through the use of presentations, group work and general discussions focusing on certain aspects of the students' work or task.
Both Instructor and User shall retain ownership of data submitted in the platform. User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Sulekha eLearn by our users (Instructors and Students) is User Generated Content. Sulekha eLearn will have rights to the use of UGC content for marketing and syndication purposes. Sulekha eLearn does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content will be removed or disabled within a period of 14 days after investigation. Any content jointly produced by both Sulekha and the Instructor will be usable by either party subject to reasonable commercial terms agreed in writing.
Furthermore, Sulekha eLearn is not responsible for the content, quality or the level of service provided by the Instructor. We provide no warranty with respect to the classes/lessons, their delivery, any communications between Students and Instructor, and book materials shared in the classes.
13. LIMITATION OF LIABILITYYou acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, services and collective content remains with you. To the maximum extent permitted by law, neither Sulekha nor any other person or entity involved in creating, producing, or delivering the site, services or collective content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Instructor terms of service or from the use of or inability to use the site, services or collective content, or from any communications, interactions or meetings with Instructors, users or other users of the site or services or other persons with whom you communicate or interact as a result of your use of the site or services whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Sulekha has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
To the maximum extent permitted by law, in no event will Sulekha's aggregate liability arising out of or in connection with these Instructor terms of service or from the use of or inability to use the site, services or collective content exceed the Instructor payment amounts Sulekha has paid to you in connection with your provision of lesson services via the site and services or Rupees one thousand only (INR 1000) (whichever is greater). The limitations of damages set forth above are fundamental elements of the basis of the bargain between Sulekha and you.
The limitations set forth in this section will not limit or exclude Sulekha's liability for Sulekha's gross negligence, fraud or intentional, willful, malicious or reckless misconduct.
EXCEPT FOR CLAIMS OF GROSS NEGLIGENCE, INFRINGEMENT OF RIGHTS, WILLFUL MISCONDUCT OR FRAUD, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES. THE MAXIMUM AGGREGATE LIABLE OF SULEKHA FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES SHALL BE INR 1000/- (RUPEES ONE THOUSAND ONLY).
14. USE OF SULEKHA'S NAME.Instructor may not use Sulekha's name and/or logo in any manner other than as identified in this clause without first obtaining written permission from Sulekha. Any other use of Sulekha's name, including use of Sulekha's logo or discussion of the work performed by Instructor for Sulekha, is not authorized.
15. CONFIDENTIALITYNotwithstanding anything to the contrary in this service order, neither party may disclose confidential information of the other to a third party as may be required by law, statute, rule or regulation, including any subpoena or other similar form of process until the party to which the request is made provides the other Party with prompt written notice and allows the other party to seek a restraining order or other appropriate relief.
16. INDEMNIFICATIONTo the fullest extent permitted by law, Instructor agrees to indemnify and hold harmless Sulekha, its officers, directors, employees and agents from and against all claims, suits, damages and losses, including reasonable attorneys' fees and expenses, arising out of or in any way connected with your access to or use of the Site, Services or Collective Content, your provision of any Lesson Services, or your violation of these Instructor Terms of Service or any other policies applicable to use of the Services. The obligations set out herein shall survive the expiration or termination of this agreement.
Instructor agrees, if asked by Sulekha, to defend Sulekha against all claims, suits, actions, or proceedings involving intellectual property infringement in which Sulekha is named a defendant or co-defendant, including but not limited to, actual or alleged infringement of any domestic or foreign patent, trademark, copyright, or trade secret, resulting from its use of Sulekha eLearn platform. Instructor also agrees to pay for any costs of such defense, including legal fees; and further agrees to pay and discharge any judgments, awards or decrees which may be rendered in any such suit, action, or proceeding against Sulekha for such alleged infringement. If Sulekha is prevented from using services provided hereunder, Sulekha shall be entitled to appoint other third parties for providing the aforementioned services at Instructor cost.
After receipt by a party, its officers, directors, employees, agents or affiliates entitled to indemnification ("indemnified party") of notice of the commencement of any action, if a claim in respect thereof is to be made against the other party ("indemnifying party"), the indemnified party shall promptly notify the indemnifying party in writing of the commencement thereof as soon as practicable after the summons or other first written notification giving information of the nature of the claim has been served upon the indemnified party; provided that the failure to so notify the indemnifying party will not relieve the indemnifying party from any liability under this section, except to the extent that the omission results in a failure of actual notice to the indemnifying party and such indemnifying party is damaged solely as a result of the failure to give such notice. The indemnifying party, upon the request of the indemnified party, shall retain counsel satisfactory to the indemnified party to represent the indemnified party in the proceeding, and shall pay the reasonable fees and disbursements of such counsel related to such proceeding. In any such proceeding, any indemnified party shall have the right to retain its own counsel, but the reasonable fees and expenses of such counsel shall be at the expense of such indemnified party unless (1) the indemnifying party and the indemnified party shall have mutually agreed to the retention of such counsel or (2) the named parties to any such proceeding (including any impleaded parties) include both the indemnifying party and the indemnified party and representation of both parties by the same counsel would be inappropriate due to actual or potential differing interests between them. The indemnifying party shall not be liable for any settlement of any proceeding effected without its written consent but if settled with such consent or if there be a final judgment for the plaintiff, the indemnifying party agrees to indemnify the indemnified party from and against any loss or liability by reason of such settlement or judgment.
17. NOTICEAll notices and other communications hereunder shall be in writing, delivered to the office address of parties as provided at the time of registration, and shall be deemed to have been duly given:
if sent via or electronic mail, then upon the date and time of actual receipt
Notices to Sulekha: The Grievance Officer,
Sulekha.com New Media Pvt Ltd,
# 484 & 485, Fourth Floor, Pantheon Plaza,
Pantheon Road, Egmore, Chennai,
Tamil Nadu, India 600 008
Email:nodal@sulekha.net
Instructor agrees that, while using the platform or at any time thereafter, you shall not make any public statement that is materially disparaging of the business of the Company or its affiliates, or to the business reputation of any of the executive officers of the Company or its affiliates or any of the employees of Company or its affiliates who are known to you to be employees of Company or its affiliates at the time of any such public statement. Instructor and User agrees not to criticize, disparage or otherwise demean in any way the other or Company's affiliates or their respective products, services, technologies, officers, directors or employees. Your obligations under this Section shall not apply to disclosures required by applicable law, regulation, or order of a court or governmental agency.
19. INTEGRITYInstructor agrees to adhere to the highest standards of ethical competence and integrity in the performance of this agreement, having due regard for the nature and purposes of Sulekha as an international organization, and to ensure that employees assigned to perform any Contract Work will conduct themselves in a manner consistent therewith.
The Instructor shall be able to login to his / her dashboard using the mobile number as provided in Sulekha technology platform by paying a subscription fee.
This applies only to users [who are end service consumers of eLearn] who have paid for a course in our eLearn platform. Sulekha offers all users a money back guarantee feature on the platform where at any point within 15 days after payment of a course if a user determines he/she wants to withdraw from a course due to various reasons, the user is free to do so and the amount he/she paid to Sulekha will be refunded fully back to him/her within 15 working days. However if user wishes to submit the request for refund after 15 days, Sulekha will process the amount back to the user after deducting the proportionate amount towards the classes attended till the date of request along with other applicable charges.
Conditions needed to qualify for the money back guarantee to apply:
The following is the commissions and fees charged by eLearn from Instructors until further notice:
Sulekha eLearn encourages parties (Instructor and Student) are encouraged to resolve disputes amongst themselves. Sulekha eLearn may process refunds to Students as per the Refunds policy that is existent at that time.
In case of refund request under money back scheme as defined under clause 21, instructor agrees that Sulekha shall be entitled to deduct such amount from the settlement being processed to instructor during this period and process the balance amount towards settlement. Instructor agrees and authorizes Sulekha E Learn to appropriate the amount from future account balance amounts to the extent of the refund claimed under moneyback scheme and any other moneys due to the Sulekha E Learn by instructor in terms of this Agreement in respect of any commissions or other charges without any demur, protest, dispute or delay. If there is insufficient funds available therein; the Instructor shall on finding out negative balance in his dashboard and/or on receipt of the e-mail from the Sulekha E learn and/ or claim from the Sulekha E Learn undertakes forthwith without any demur, protest, dispute or delay, to pay to the Sulekha E Learn, the amount of the dispute / refund to the extent to which such funds proves inadequate. Without prejudice to any other of rights and remedies, in the event that the instructor does not make any payment to Sulekha E Learn by its due date or on demand as required under this Agreement, Sulekha E Learn shall be entitled to charge daily interest on such overdue amount from the due date of demand (as the case may be) until the date of payment in full, at the rate of 1 % per month.
Any default, chargeback, refund, claim observed or received from Student under clause 21 shall be the responsibility of the instructor. The instructor here by indemnifies Sulekha ELearn for any/all claims , demands and charges arising out of or in relation to clause 21 of this agreement.
In case of support request, parties are requested to drop in an email to:Email:care@sulekha.com
24. SETTLEMENTInstructor agrees and accepts that Sulekha shall be required to process settlement of the amounts collected from the user towards service to its registered bank account on a weekly basis after deduction of applicable charges and in proportion to classes conducted in the week. Instructor agrees and accepts that the settlements processed by Sulekha shall be credited to it registered bank account within 10 (ten) bank working days.
25. ASSIGNMENTInstructor shall not assign this agreement or any monies due or to become due to it hereunder, without the prior written consent by Sulekha. Sulekha may, at its sole option and without the consent of Instructor, assign this agreement and any Contract Work acquired hereunder to any member of Sulekha Group.
26. DISPUTESAny dispute or difference arising out of, or in connection with, this agreement or the breach thereof which cannot be amicably settled between the Parties (including through alternative dispute resolution procedures as may be agreed to by the Parties) shall be arbitrated in accordance with the Indian Arbitration and Conciliation Act, 1996 or any statutory enactment or re-enactment in force. The seat of the arbitration shall be Chennai, Tamil Nadu, India. A Sole arbitrator appointed by Sulekha shall conduct the arbitration proceedings, whose reward shall be final. The language of the arbitration shall be English. Outside India, the Parties agree to go through Alternative Dispute Resolution (ADR) procedures, arbitrated in accordance with the UNCITRAL Arbitration Rules as at present in force.
Any resulting arbitral decision shall be final and binding on both parties. Judgment upon any arbitration award may be entered in any court having jurisdiction thereof. Such judgment shall be in lieu of any other remedy. Pending final resolution of any claim, dispute or action arising under or related to this agreement, Instructor shall, if requested by Sulekha, proceed diligently with the performance of this agreement.
In case of any dispute, loss, claims or suits between Instructor and user for any transactions emanating out of Sulekha's technological platform, both parties agree that Sulekha shall not be held liable. The Instructor shall indemnify Sulekha and hold Sulekha harmless from any/all third party claims arising out of or in relation to the engagement.
Both parties agree that any /all disputes arising out of this engagement shall fall under exclusive jurisdiction of courts of Chennai and subordinate courts thereto.
27. TERMINATION FOR CONVENIENCESulekha may terminate the agreement in whole or in part at any time if Sulekha determines, in its sole and absolute discretion that a termination is in its best interests. Instructor shall not be allowed, and expressly waives, payment for profit on deliverables which was not performed as of the effective termination date.
28. TERMINATION FOR DEFAULTIf Instructor fails to deliver the services required by this agreement within the time period(s) specified or in the manner required by this agreement, and or if the services do not conform, in all respects, to the requirements of this agreement, or Instructor becomes insolvent or unable to meet its payment obligations when due, or breaches any representations or warranties made under this agreement, Sulekha shall have the right, in its sole discretion, to terminate the agreement for default and Sulekha shall have the right to do so without giving Instructor an opportunity to cure.
29. FORCE MAJEUREThe failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of or default under, this agreement insofar as such liability arises from an event of Force Majeure, provided that the Party affected by such an event takes all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this agreement. For purposes of this clause, the term "Force Majeure" means an event which is beyond the reasonable control of a Party, and which makes a Party's performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood, epidemic/ pandemic or other adverse weather conditions, strikes, lockouts, or other industrial action (except where such strikes, lockouts or other industrial actions are within the power of the Party invoking Force Majeure to prevent), confiscation, lockdown or any other action by government or any other authorities, Telephony lines down, internet blackout or any other external circumstances beyond reasonable control of both parties.
If Sulekha is excused and/ or is unable to perform its obligations due to a Force Majeure Event where a major function of the platform is non-operational for a continuous period in excess of fifteen (15) days, then Sulekha may terminate this Agreement immediately by submitting written notice without penalty or liability. Termination under this Section shall not represent a Breach by either party.
Force Majeure shall not be deemed to include: (a) any event which is caused by the negligence or intentional action of a Party or such Party's consultants, agents or employees; (b) any event which a diligent Party could reasonably have been expected to both: (i) take into account at the time this agreement was entered into; and (ii) avoid or overcome in the carrying out of its obligations hereunder; or (c) the inability to make any payment required under this agreement.
30. FLOW-DOWN OBLIGATIONSInstructor agrees that the obligations of Instructor under this agreement, as applicable, shall be specifically incorporated into all Subcontracts or agreement by Instructor with any contractor, Instructor, supplier, consultant, or other entity or person to perform the services.
31. SEVERABILITYAny provision of this agreement prohibited by the laws of any jurisdiction shall be, as to such jurisdiction, ineffective to the extent of such prohibition, without invalidating the remaining provisions of this agreement. No waiver or failure to exercise any option, right or privilege under the terms of this Agreement by either of the parties hereto on any occasion or occasions shall be construed to be a waiver of the same on any other occasion or of any other option, right or privilege.
32. INDEPENDENT CONTRACTORInstructor shall at all times during the term of this Agreement, be acting and performing hereunder as an independent contractor. Instructor shall perform all services required hereunder in good faith and to the best of its abilities, relying on its experience, knowledge, judgment, and techniques. In return for the substantial investment Sulekha eLearn is making in creating and promoting Instructor profile and courses and in setting up the Instructor to teach through the platform and receive payments, Instructor agrees to teach exclusively on Sulekha eLearn for a period of 24 months from the date of registration and undertakes to not provide any tutor/education services through any other competing platform except with the prior written permission of Sulekha eLearn.
Instructor acknowledges that a violation of above clause would cause immediate and irreparable harm to the Company for which money damages would be inadequate. Therefore, the Company will be entitled to injunctive relief for Instructor's breach of any of its obligations under the above article without proof of actual damages. Such remedy shall not be deemed to be the exclusive remedy for such violation, but shall be in addition to all other remedies available at law or in equity.
33. RIGHT TO MODIFYSulekha reserves the right to issue written changes to this agreement. No modification of this agreement shall be valid unless in writing and signed by an authorized representative of Sulekha. Instructor shall not change any aspect of this agreement without Sulekha's prior written consent.