TERMS AND CONDITIONS

Terms and Conditions

Last updated: June 08, 2024

Agreement to Our Legal Terms

We are WorkOnGigs ('Company', 'we', 'us', or 'our'). We operate the website https://workongigs.com (the 'Site'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services'). We Ensure: Freelancers Get Paid and, Clients Receive Satisfactory Work. You can contact us by phone at 7477211211, email at contact@workongigs.com, or by mail to Madhya Pradesh, India.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and WorkOnGigs, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Table of Contents

1. Our Services
2. Intellectual Property Rights
3. User Representations
4. User Registration
5. Purchases and Payment
6. Subscriptions
7. Prohibited Activities
8. User Generated Contributions
9. Contribution License
10. Guidelines for Reviews
11. Social Media
12. Services Management
13. Privacy Policy
14. Term and Termination
15. Modifications and Interruptions
16. Governing Law
17. Dispute Resolution
18. Corrections
19. Disclaimer
20. Limitations of Liability
21. Indemnification
22. User Data
23. Electronic Communications, Transactions, and Signatures
24. SMS Text Messaging
25. Miscellaneous
26. Contact Us

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Intellectual Property Rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to:

  • Access the Services
  • Download or print a copy of any portion of the Content to which you have properly gained access

solely for your personal, non-commercial use or internal business purpose.

3. User Representations

By using the Services, you represent and warrant that:

  • All registration information you submit will be true, accurate, current, and complete
  • You will maintain the accuracy of such information and promptly update such registration information as necessary
  • You have the legal capacity and you agree to comply with these Legal Terms
  • You are not a minor in the jurisdiction in which you reside
  • You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise
  • You will not use the Services for any illegal or unauthorized purpose
  • Your use of the Services will not violate any applicable law or regulation

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Purchases and Payment

We accept the following forms of payment:

  • UPI
  • Debit card
  • PayPal
  • Visa
  • Mastercard

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in INR.

6. Subscriptions

Billing and Renewal

Billing is managed through the dashboard with automated reminders.

Free Trial

We offer a 30-day free trial to new users who register with the Services. The account will not be charged and the subscription will be suspended until upgraded to a paid version at the end of the free trial.

Cancellation

You can cancel your subscription by raising a refund issue. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at contact@workongigs.com.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or content from the Services without written permission
Trick, defraud, or mislead us and other users, especially in attempts to learn sensitive account information
Circumvent, disable, or interfere with security-related features of the Services
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services
Use any information obtained from the Services to harass, abuse, or harm another person
Make improper use of our support services or submit false reports of abuse or misconduct
Use the Services in a manner inconsistent with any applicable laws or regulations
Engage in unauthorized framing of or linking to the Services
Upload or transmit viruses, Trojan horses, or other malicious code
Engage in any automated use of the system
Delete the copyright or other proprietary rights notice from any Content
Attempt to impersonate another user or person
Upload or transmit any material that acts as a passive or active information collection or transmission mechanism
Interfere with, disrupt, or create an undue burden on the Services
Harass, annoy, intimidate, or threaten any of our employees
Attempt to bypass any measures designed to prevent or restrict access to the Services
Copy or adapt the Services' software
Decipher, decompile, disassemble, or reverse engineer any of the software
Make any unauthorized use of the Services
Use a buying agent or purchasing agent to make purchases
Take payment outside of the platform
Attempt to download paid media
Breach terms and conditions

8. User Generated Contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance of your Contributions do not violate the proprietary rights of any third party
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use your Contributions
Your Contributions are not false, inaccurate, or misleading
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone
Your Contributions are not used to harass or threaten any other person
Your Contributions do not violate any applicable law, regulation, or rule
Your Contributions do not violate the privacy or publicity rights of any third party
Your Contributions do not violate any applicable law concerning child pornography
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap

9. Contribution License

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.

The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

10. Guidelines for Reviews

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:

You should have firsthand experience with the person/entity being reviewed
Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language
Your reviews should not contain discriminatory references
Your reviews should not contain references to illegal activity
You should not be affiliated with competitors if posting negative reviews
You should not make any conclusions as to the legality of conduct
You may not post any false or misleading statements
You may not organize a campaign encouraging others to post reviews

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.

11. Social Media

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either:

Providing your Third-Party Account login information through the Services
Allowing us to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account so that it is available on and through the Services via your account. Unless otherwise specified in these Terms, all Social Network Content, if any, will be considered to be User Content for all purposes of these Terms.

12. Services Management

We reserve the right, but not the obligation, to:

Monitor the Services for violations of these Legal Terms
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms
Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof
Remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services

13. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy at https://workongigs.com/policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Please be advised the Services are hosted in India. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Services, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India.

14. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

16. Governing Law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of India applicable to agreements made and to be entirely performed within India, without regard to its conflict of law principles.

17. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the Indian Arbitration Association ("IAA") and, where appropriate, the IAA's Supplementary Procedures for Consumer Related Disputes ("IAA Consumer Rules"), both of which are available at the IAA website: www.adr.org.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

No arbitration shall be joined with any other proceeding
There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures
There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons

18. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

19. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

We make no warranties or representations about the accuracy or completeness of the Services' content or the content of any websites linked to the Services and we will assume no liability or responsibility for any:

Errors, mistakes, or inaccuracies of content and materials
Personal injury or property damage resulting from your access to and use of the Services
Any unauthorized access to or use of our secure servers and/or any personal information stored therein
Any interruption or cessation of transmission to or from the Services
Any bugs, viruses, trojan horses, or the like which may be transmitted through the Services by any third party
Any errors or omissions in any content and materials or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services

20. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.

Certain state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

21. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

Your Contributions
Use of the Services
Breach of these Legal Terms
Any breach of your representations and warranties set forth in these Legal Terms
Your violation of the rights of a third party, including but not limited to intellectual property rights
Any overt harmful act toward any other user of the Services with whom you connected via the Services

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

22. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

23. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

24. SMS Text Messaging

Opting Out

If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP." You may receive an SMS message confirming your opt out.

Message and Data Rates

Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.

Support

If you have any questions or need assistance regarding our SMS communications, please email us at contact@workongigs.com or call at 7477211211.

25. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

26. Contact Us

If you have any questions or need assistance with our Terms and Conditions, please contact our support team at: