Code of conduct and terms of use of the portal/website

Introduction

This Code of Conduct and Terms of Use (hereinafter referred to as “the Code”) shall apply to each subscriber who wishes to use the Consultantsbuzz.in Website (the “website”) and/or participate in the groups (“Subscriber”).

Each Subscriber shall comply and adhere to this Code in order to access and use the Website or participate in any group on the website which contains detailed information on subscribers goods, services, skills, resources, requirements, opportunities, opinions, etc.

In order to use and participate in this Website/ portal, all subscribers must accept this Code by clicking the “I ACCEPT” button at the time of registration for services. Upon such acceptance, each Subscriber shall be given a unique a password for participation in the group (which will, for the purpose of security, be monitored and tracked by the Websites self regulatory body (“Overseer” ) wherein log in ID is the Email id provided by the subscriber. It is advised that the password should be changed by the subscriber for your security purposes.

Code of Conduct and Terms of Use
(1) Basic Requirement:

Each Subscriber and any material which he/she/they posts onto the Website or to its discussion group or participation (“material”) must comply with the following basic standards:

  • All information and activities must be legal, decent and honest in terms of Indian law and standards.
  • Data protection legislation with the Indian Law must be adhered to in order that the collection of personal information is not traced or disclosed illegally.
  • Distance selling requirements must be completed with as laid down in the Indian Law.
  • Other applicable trading standards and laws and regulations as the same are created from time to time and notified to Subscribers direct and on this Website.
(2) Specific Responsibilities of Subscribers
  • Each Subscriber is solely responsibility for the accuracy, legality, currency and compliance of its own Material and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
  • Each Subscriber is solely responsible for maintaining the confidentiality of its unique logon ID, and for its use. As traffic on this Website and in the discussion groups is monitored, evidence of use of the logon ID can be produced to support or defend any dispute or actionable cause or matter which arises in relation to the same.
  • Where Subscribers collaborate with one another as a result of use of this Website or the discussion groups, the do so as independent contracting parties. Subscribers acknowledge that the Website Owner will not in any way be construed as a party to such collaboration nor be liable nor responsible in any way for the dealings of such collaboration or the parties to such collaboration or its correctness or accuracy or delivery or any financial dealings.
(3) Responsibilities of the Consultantbuzz
  • The Website Owner will check the identity of the Subscribers before logon ID is given for any Subscriber participating in discussion groups on the Website. At the annual renewal of Subscribers, Website Owner will reconfirm that each logon ID remains associated with a current Subscriber.
  • The Website Owner will manage and oversee the Website and discussion group and will appoint an Overseer for such purpose. This appointee will also be responsible for administering the complaints and sanction procedures specified in Clause 4 below.
(4) Complaints and Sanction Procedure
  • The Website discussion group is a self regulatory facility for Subscribers only and any complaint by the Subscriber will, in the first instance be referred to the Website Overseer, who shall have all powers of an arbitrator.
  • The Website Overseer will deal with the complaints within 15 days of receipt and where necessary call upon evidence of the applicable Subscriber in dispute.
  • Sanctions available to the Overseer will include the following: (i) fining the guilty Subscriber upto INR Rs. 15,000/- ; (ii) suspending or expelling the guilty Subscriber; (iii) referring the matter to appropriate law enforcement agency, where the dispute is of a criminal or illegal nature; (iv) referring the matter to a court of competent jurisdiction, if the dispute necessitates the same (e.g. requires an interdict/injunction, seizure or similar judicial measures).
(5) Indemnity and Waiver
  • Each Subscriber agrees to indemnify and keep indemnified the Website Owner, their successors and assigns, and each of their respective directors, officers, employees and agents (collectively “Website Owner”) from and against any and all liability, damages, losses, claims (including legal fees) resulting in any way from its use of and from any Material posted on this Website, to its discussion groups or from any other matter relating to its participation herein including but not limited to use of the information contained on the Website, from discussion groups or arising from any introduction or collaboration resulting there from or any financial transactions or otherwise arising from using the Website.
  • Each Subscriber waiver any right to bring any claim or action against the Website Owner for any loss, damage or injury arising from use of the Website or any Material from the Website or for this Code.
  • In the event any action arises under this clause, the Website Owner may during any such action, bar the Subscribers’ access to the Website until such time as the Website Owner is certain, in its reasonable opinion, that there is not likely to be a claim under such indemnity or the claim has been resolved.
(6) Exclusion of Warranties and Liability
  • The Website Owner does not warrant the content, accuracy or veracity of any Material or other information on the Website, the responsibility for which rests with each of the Subscriber as specified in Clause 2 above.
  • Each Subscriber accept the Website “AS IS” with any faults or failings and within any representation, warranty or guarantee whatsoever, express or implied, including within limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement.
  • In no event will the Website Owner be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any Subscriber’s access to, or use of the Website, any Material therein or any goods, materials or services available therefrom, whether based in contract, tort and whether negligent or otherwise, even if any Website Owner has been advised of the possibility of such damages. In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, but that liability may be lawfully limited, the Website Owner’s aggregate total liability to any Subscriber for all such damages and losses shall be limited to the Website Subscriber fee paid by the Subscriber suffering loss during the twelve months preceding the event giving rise to liability.
(7) Term and Termination

Each Subscriber agrees to remain bound by this Code as amended from time to time for the long as they remain a Subscriber of the Website and wishes to use the Website unless the Website Owner or the Website Overseer earlier terminates, suspends or otherwise limits access to the Website and/or discussion group in accordance with Clause 4 above or as it otherwise deems is appropriate.

(8) Applicable Law and Dispute Resolution

This agreement shall be construed exclusively in accordance with the laws of India and Competent Courts at Pune in the State of Maharashtra, India shall have exclusive jurisdiction to determine all disputes and differences arising out of or in any way connected to this Agreement. Any dispute, difference or claim arising between the parties out of or in relation to or in connection with this Agreement, or the breach, termination, effect, validity, interpretation or application of this agreement as to their rights, duties or liabilities hereunder shall be settled by the parties by mutual negotiation and agreement, If, for any reason, such dispute cannot be resolved amicably by the parties, the same shall be referred to and settled by way or arbitration proceedings at Pune, through reference to a sole arbitrator to be appointed by the Website Owner. The act applicable to any or all the proceedings arising out of this Agreement shall be the Arbitration and Conciliation Act, 1996 as amended from time to time.

(9) Consultant/Freelancer/Experts Code of Conduct

Consultant/Freelancer/experts has an obligation to conduct its business in accordance with all applicable rules, regulations and laws. We are committed to helping all advice seekers/Users act in a way that preserves trust and respect. This Code is meant as a guide to using our Site appropriately and must be followed at all times. Violations of this Code or any policies or procedures will result in disciplinary action, up to and including account termination. Any questions regarding this Code should be addressed to consultant/Freelancer/experts Support where we can provide you with additional information regarding the correct procedure(s) to follow and address any concerns you may have.

(10) General
  • Website Owner does not guarantee or warranty or are not responsible for the accuracy, legality, currency and compliance of any material posted on the Website nor give any commitment of whatsoever nature for and to any business through, from and out of the Website on the material posted by the Subscriber.
  • In the event that any provisions in this Code is determined to be unenforceable or invalid, such provision shall be severed and the remaining provisions which shall be enforceable to the fullest extent permitted by the Applicable Law.
  • This Code represents the entire agreement between the Subscriber and the Website Owner relating to the subject matter hereof, and supersedes any prior understanding or agreements regarding the Website.
Signing Provisions

The parties hereto agree to sign this agreement by electronics signatures (by clicking below) and agree that such method of signature shall be equally conclusive of their intention to be bounded by the terms and conditions of this agreement as if signed with the manuscript signature of both parties.

  • I accept the above terms and conditions.
  • I do not accept the terms and conditions.
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