Terms & Conditions

Last updated on 06 August2019.

Spolu is the trademark of Spolu Perfect Service Inc., hereinafter referred to as Spolu.

  1. ACCEPTANCE OF TERMS

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY BEFORE USING THE WEBSITE AND / OR APP.

The terms and conditions set forth below (“Terms of Use“) constitute a legally-binding agreement between Spolu and User (defined below). These Terms of Use contain provisions that define Your limits, legal rights and obligations with respect to Your use of and participation in (i) the Spolu Website (defined below)and App (defined below), including the classified advertisements, forums, various email functions and internet links, and all content and Services (defined below) available through the Spoludomain as located at www.Spolu.in (hereafter called “Website“), and (ii) through mobile application(hereafter called “App”), who are offering services (each, a “Service Partner“) and those Users of the Website and App who are availing services (each, a “User” / “You” / “ServiceUser) through the Website and App (such services, collectively, the “Services“). The Terms of Use apply to all Users of the Website/App, including Users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Website and App.

The control, ownership, management and running of the Website and the App completely vests with Spolu.

You acknowledge that the Website/App serves as a venue for the online distribution and publication of Usersubmitted information between Service Partners and Service Users, and, by using, visiting, registering for, and/or otherwise participating in this Website/App, in relationto the Services presented, promoted, and displayed on the Website/App, and by clicking on “I have read and agree to the terms of use” You hereby certify that: (1) Youare either a Service Partner or a prospective Service User, (2) Youhave the authority to enter into these Terms of Use, (3) You authorise the transfer of payment for Services requested through the use of the Website/App or App, and (4) Youagree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein, which in case of the Service Partner includes the “Terms of Vendor Registration”. If You do not so agree to the foregoing, You should not click to affirm Your acceptance thereof, in which case You are prohibited from accessing or using the Website and App. If You do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website or App immediately. The Terms of Use mentioned herein are applicable in entirety to the Users and the Service Partners, whether or not specifically referred. In case of any specific additions to any of the Terms of Use, for any of the Party, the same have been mentioned accordingly in these Terms of Use and Privacy Policy.

YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE/APP, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.

All references to “You” or “Your,” as applicable, mean the person that accesses, uses, and/or participates in the Website or Appin any manner. If Youuse the Website/App or open an Account using Website or App (as defined below) on behalf of a business, You represent and warrant that You have the authority to bind that business and Your acceptance of the Terms of Use will be deemed an acceptance by that business and “You” and “Your” herein shall refer to that business.

  1. MODIFICATIONS TO TERMS OF USE AND / OR PRIVACY POLICY

Spolu reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and Spolu will post the amended Terms of Use at the Website and / or App. It is Your responsibility to review the Terms of Use for any changes and Youare encouraged to check the Terms of Use frequently. Your use of the Website or Appfollowing any amendment of the Terms of Use will signify Your assent to and acceptance of any revised Terms of Use. If You do not agree to abide by these or any future Terms of Use, please do not use or access the Website or App.

Spolu has also established a Privacy Policy that explains to Users how their information is collected and used. The Privacy Policy hereby incorporated into the Terms of Use set forth herein. In addition to the Terms of Use mentioned herein, Your use of this Website or App is governed by the Privacy Policy as well (Please link this yellow text to Privacy Policy).

  1. MEMBERSHIP AND ACCESSIBILITY
  2. License To Access

Spolu hereby grants You a non-exclusive, revocable license to use the Website and Appas set forth in the Terms of Use; provided, however, that (i) You will not copy, distribute, or make derivative works of the Website and Appin any medium without Spolu’sprior written consent; (ii) You will not alter or modify any part of the Website or App other than as may be reasonably necessary to use the Website and Appfor its intended purposes; and (iii) You will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

  1. Membership Eligibility Criteria

Use of the Website and App is available to those individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that You are at least 18 years of age, and that: (a) all registration information that Yousubmit is truthful and accurate, (b) You will maintain the accuracy of such information, and (c) Your use the Services offered through this Website and Appfdo not violate any applicable law or regulation. Your Account may be terminated without warning if we at our discretion, believe that You are under the age of 18 or that You are not complying with any applicable laws, rules or regulations.

When You need to access and participate in certain features of the Website and App, You will need to create a password-protected account (“Account“). To create an account, You must submit Your name, email address and other information asked by registration page on the Website or App and create a password.

You are solely responsible for safeguarding Your password and, if applicable, Your Third-Party Site Password (collectively, “Passwords“) at all times and shall keep Your Passwords secure at all times. You shall be solely responsible for all activity that occurs on Youraccount, as maintained, opened and operated on the Website and / or App (“Account”) and You shall notify Spolu immediately of any breach of security or any unauthorized use of Your Account. Similarly, You shall never use another’s Account. You agree that You will not misrepresent Yourself or represent Yourself as another / Service partner of the Website and/or App.

You hereby expressly acknowledge and agree that Yourself and not Spolu will be liable for Your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of Your Account. Notwithstanding the foregoing, Youwillalso be held liable for the losses of Spolu or others due to such unauthorised use.

An Account holder, whether User / Service Partner, as the case may be, is sometimes referred to herein as a “Registered Party“.

You acknowledge and agree that You shall comply with the following policies (the “Account Policies“):

  • Registered Party will not copy or distribute any part of the Website/App in any medium without Spolu’s prior written authorisation.
  • Registered Party will not alter or modify any part of the Website or Appother than as may be reasonably necessary to use the Website and App for its intended purpose.
  • Registered Party will provide true, accurate, current and complete information when creating Your Account and You shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
  • Registered Party shall not use any automated system, including but not limited to, “robots,” “spiders,” “offline readers,” “scrapers,” etc., to access the Website/App for any purpose without Spolu’s prior written approval.
  • Registered Party shall not in any manual or automated manner collect information of other Registered Partys’, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website/App information or content, including but not limited to, use on a “mirrored”, competitive, or third party site.
  • Registered Party shall not in any way that transmits more request messages to the Spolu servers, or any server of a Spolu subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Spolu reserves the right to revoke these exceptions either generally or in specific cases.
  • Registered Party shall not recruit, solicit, or contact in any form Service Partners or Service Users for employment or contracting for a business not affiliated with Spolu without express written permission from Spolu.
  • Registered Party shall not take any action that (i) unreasonably encumbers or, in Spolu’s sole discretion, may unreasonably encumber the Website’s / App infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website/App or any third-party participation in the Website/App; or (iii) bypasses Spolu’s measures that are used to prevent or restrict access to the Website/App.
  • You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website or from App, nor to use the communication systems provided by the Website or Appfor any commercial solicitation purposes.
  1. Additional Policies

Your access to, use of, and participation in the Website and/or App is subject to the Terms of Use and all applicable Spolu regulations, guidelines and additional policies that Spolu may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that Spolu publishes on the Website or App (the “Additional Policies“). You hereby agree to comply with the Additional Policies and Your obligations thereunder at all times. You hereby acknowledge and agree that if You fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or “Terms of Vendor Registration” or Additional Policies, Spolu, in its sole discretion, may terminate Your Account at any time without prior notice to You as well as initiate appropriate legal proceedings, if necessary.

  1. REGISTERED PARTY CONDUCT
  2. Prohibitions on Submitted Content

Registered Party and / or the User, shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website and/or App, including Your profile (“Profile“), the posting of Your Service(“Offer“), the posting of Your desired Service (“Want“), or the posting of any opinions or reviews in connection with the Website/App, the Service, the Service Partner, or the Service User (“Feedback“) (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings“) that:

  • Misrepresents the source of anything You post, including impersonation of another individual or entity or any false or inaccurate biographical information for any Service Partners; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 (“Minor“) in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;
  • Invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
  • Contains falsehoods or misrepresentations that could damage Spolu or any third party;
  • Is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
  • Is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from the rightful owner to post the material and to grant Spolu all of the license rights granted herein;
  • Contains or promotes an illegal or unauthorized copy of another person’s / third party’s intellectual property work or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right;
  • Is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
  • Intends to harm or disrupt another User’s computer or would allow others to illegally access software or bypass security on Website/Apps or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a Spolu employee, agent, manager, host, another User, or any other person though any means;
  • Advertises or solicits a business not related to or appropriate for the Website/App (as determined by Spolu in its sole discretion);
  • Contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
  • Contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
  • Distributes or contains viruses or any other technologies that may harm Spolu, or the interests or property of SpoluUsers;
  • Contains links to commercial services or Website/Apps, except as allowed pursuant to the Terms of Use is non-local or irrelevant content;
  • Contains identical content to other open Postings You have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of Spolu
  1. Prohibitions On Sending Messages

You will not send messages to other Users containing:

  • Offers to make national or international money transfers for amounts exceeding the asking price of a Service or any other service, with intent to request a refund of any portion of the payment; or
  • Unsolicited advertising or marketing of a service not offered on the Website/App or an external Website/App.
  1. No Discrimination

Discriminatory Postings:Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. Spolu will not accept any Posting, which is in violation of the law. Spolu has the right, in its sole discretion and without prior notice to You; to immediately remove any posting that discriminates or is any way in violation of any applicable law.

Prohibitions With Respect To Services

While using the Website/App, You shall not:

  • Post content or items in any inappropriate category or areas on the Website/App;
  • Violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions aforementioned;
  • Fail to deliver payment for Services purchased by You, unlessYou cannot authenticate the Service Partner’s (including but not limiting to his employees, engineers, representatives and agents) identity;
  • Circumvent or manipulate our fee structure, the billing process, or fees / subscription charges owed to Spolu; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website/AppUser);
  • Take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website/App or using it for purposes unrelated to the Website/App);
  1. FEEDBACK

As a participant in the Website/App, You agree to use careful, prudent, and good judgment when leaving Feedback for another User. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another User (b) leaving Feedback in order to make the Service Partner or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Partner or a Service User from leaving Feedback.

  1. Sanctions for Inappropriate Use of Feedback

If You violate any of the above-referenced rules in connection with leaving Feedback, Spolu, in its sole discretion, may take any of the following actions: (i) cancel Your Feedback or any of Your Postings; (ii) limit Your Account privileges; (iii) suspend Your Account; and/or (iv) decrease Your status earned via the Feedback page.

  1. Reporting Inappropriate Use of Feedback

You may contact Spolu regarding any inappropriate use of Feedback via-email at care@Spolu.in.

  1. Resolving Disputes in Connection with Feedback

In the event of any dispute between Users of the Website/App concerning Feedback, Spolu shall be the final arbiter of such dispute. Further, in the event of any dispute between Users of the Website/App concerning feedback, Spolu has the right, in its sole and absolute discretion, to remove such feedback or take any action it deems reasonable without incurring any liability therefrom.

The foregoing lists of prohibitions provide examples and are not complete or exclusive. Spolu reserves the right to (a) terminate Your access to Your Account, Your ability to post to this Website/App (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Spolu determines is inappropriate or disruptive to this Website/App or to any other User of this Website/App and/or Services. Spolu reserves the right to restrict the number of e-mails or other messages that You are allowed to send to other Users to a number that Spolu deems appropriate in Spolu’s sole discretion. Spolu may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Spolu’s discretion, Spolu will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website/App or on the Internet.Spolu does not and cannot review every Posting posted to the Website or to the App. These prohibitions do not require Spolu to monitor, police or remove any Postings or other information submitted by You or any other User.

  1. RULES FOR SERVICE PARTNERS
  2. Profiles And Offers Must Not Be Fraudulent

Subject to the Terms of Use or Additional Policies and “Terms of Vendor Registration”,Service Partner shall not: (a) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering; (b) misrepresent the location at which they will provide any and / or all the Service; (c) include brand names or other inappropriate keywords in their Profile, Offer, Want, Feedback, or any other title or description relating to a Service; (d) use misleading titles that do not accurately describe the Service; or (e) include any information in their Profile that is fraudulent.

  1. Profiles And Offers Cannot Use Techniques To Avoid Or Circumvent Spolu Fees

Subject to these Terms of Use or Additional Policies, if any, Service Partners shall not: (a) offer a catalog or a link of a third-party Website/App from which Service Users or any Registered User or User of the Website/App may obtain the Service directly; (b) exceed multiple Posting limits; (c) post a single Service but offer additional identical services in the Service description; (d) charge fees for traveling further than desired to provide the Service; (e) offer the opportunity through Spolu to purchase the Service or any other service outside of Spolu; (f) use their Profile page or User name to promote services not offered on or through the Website/App and/or prohibited services.

In case we realize that any Service Partner is involved in any of the above activities, Spolu holds the sole discretion to blacklist the Partner and withhold any outstanding credits or payments to the Partner.

  1. Profiles And Offers Must Promote A Fair Playing Field And Provide A Safe, Simple, And Positive Experience For All Website/App Users

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Partners shall not: (a) solicit Service Users to mail cash or use other payment methods not specifically permitted by Spolu as approved payment methods; (b) include links that do not conform to Spolu’s policies with respect to third-party links; (c) use certain types of HTML and JavaScript in Postings, Your Profile page, Your Offer page, or Your Wants page; (d) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings; (e) use profanity in any Posting; (f) acknowledge or credit a third-party service Partner for services or products directly connected with Your particular Posting; (g) include third-party endorsements in a Posting; or (h) create a Posting that does not offer a Service.

  1. Consent For Reaching Out Via Phone Call, SMS, Email Or Any Other Form Of Electronic Communication

It is further clarified that Your registration on the Website/App shall be deemed to be Your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by You even if You are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form.

  1. Sanctions For Violating Any Of The Rules For Service Partners

If a Service Partner violates any of the above-referenced rules in connection with his or her Posting, Spolu, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Partner’s Account privileges; (c) suspend the Service Partner’s Account; (d) cause the Service Partner to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Partner’s status earned via the Feedback page.

Further, please note that the conduct, obligations, rights, roles, responsibilities and liabilities of the Service Partner are to be read along with the respective and individual Vendor Agreement, in addition to these Terms of Use.

  1. RULES FOR SERVICE USERS

Service Users Shall Not Take Any Of The Following Actions

(a) Commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with Your use of or payment for the Service; (c) Agree to purchase a Service when You do not meet the Service Partner’s terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by Spolu in connection with the use or purchase of any Service.

Further the Service User shall also follow the general rules, as laid down by Spolu to ensure precautionary measure in availing Services. Please refer this link for such General Rules (Please link this yellow text to General Rules).

  1. USE OF SUBMITTED CONTENT
  2. No Confidentiality

The Website/App may now or in the future permit the submission of videos or other communications submitted by You and other Users, including without limitation, Your Profile, Your Offer, Your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Spolu does not guarantee any confidentiality with respect to any Submitted Content.

You agree that any Submitted Content provided by You for which Youauthorise to be searchable by Registered Users who have access to the Website/App is provided on a non-proprietary and non confidential basis. You agree that Spolu shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.

Spolu may also disclose User information including personal information if Spolu reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Spolu’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by Users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).

  1. Your Representations And Warranties

You shall be solely responsible for Your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, You affirm, represent, and/or warrant that: (a) You own or have the necessary licenses, rights, consents, and permissions to use and authorize Spolu to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Website/App and these Terms of Use; and (b) You have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Website/App and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing by You for any Submitted Content posted by YouonWebsite/App.

  1. Your Ownership Rights And License To Spolu

You retain all of Your ownership rights in Your Submitted Content. However, by submitting the Submitted Content to Spolu for posting on the Website/App, You hereby grant, and You represent and warrant that You have the right to grant, to Spolu a perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Website/App and Spolu’sbusiness operations, including without limitation, for the promotion and redistribution of any part or all of the Website/App, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each User of the Website/App a non-exclusive license to access Your Submitted Content through the Website/App, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Website/App and under these Terms of Use. The foregoing license granted by You terminates once You remove or delete the Submitted Content from the Website/App.

You acknowledge and understand that the technical processing and transmission of the Website/App, including Your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You may remove Your Submitted Content from the Website/App at any time. If You choose to remove Your Submitted Content, the license granted above will automatically expire.

  1. Spolu’s Disclaimers And Right To Remove
  • Spolu does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and Spolu expressly disclaims any and all liability in connection with all Submitted Content. Spolu does not permit copyright infringing activities and infringement of intellectual property rights on the Website/App, and Spolu will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the “take down” notification procedure described in Section J below, that such Posting or Submitted Content infringes on another’s intellectual property rights. Spolu reserves the right to remove any Data or Submitted Content without prior notice. Spolu will also terminate a User’s access to the Website and/or App, if he or she is determined to be a repeat infringer. A repeat infringer is a Website/AppUser who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the Website/App more than twice. Spolu also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. Spolu may remove such Submitted Content and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.
  • You acknowledge and understand that when using the Website/App, You will be exposed to Submitted Content from a variety of sources, and that Spolu is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that You may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Spolu with respect thereto, and agree to indemnify and hold Spolu, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Website/App.
  • You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that You publish or display on or through the Website/App, or transmit to other Website/AppUsers. You understand and agree that Spolu may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website/AppUsers or others.
  1. Suggestions

If You send or transmit any communications, comments, questions, suggestions, or related materials to Spolu, whether by letter, email, telephone, or otherwise (collectively, “Suggestions“), suggesting or recommending changes to the Website/App, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Spolu is free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that Spolu is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and You have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.

  1. COPYRIGHT INFRINGEMENT TAKE DOWN PROCEDURE

Spolu has high regard for intellectual property and expects the same level of standard to be employed by its Users and Service Partners. Spolu may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website/App of Users and / or Service Partner, as the case may be who infringe upon the intellectual property rights of others.

If You believe that Your work has been copied and posted on the Website/App in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at care@splou.in

  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website/App, and information reasonably sufficient to permit Spolu to locate the material;
  • A written statement that You have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
  • Information reasonably sufficient to permit Spolu to contact You as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
  • A statement by You, made under penalty of perjury, that the information in Your report is accurate and that You are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by You comprised of the foregoing points is referred to herein as the “Notice.”

Only the intellectual property rights owner is permitted to report potentially infringing items through Spolu‘s reporting system set forth above. If You are not the intellectual property rights owner, You should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

  1. MODIFICATIONS TO OR TERMINATION OF WEBSITE/APP
  2. Modification Or Cessation Of Website Or App

Spolu reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website/App (or any part thereof) with or without notice and in its sole discretion. You agree that Spolu shall not be liable to You or to any third party for any modification, suspension or discontinuance of Spolu services.

  1. Termination By Spolu

You hereby acknowledge and agree that Spolu, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate Your Account, block Your email or IP address, cancel the Website/App or otherwise terminate Your access to or participation in the use of the Website/App (or any part thereof), or remove and discard any Submitted Content on the Website or App (“Termination of Service“), immediately and without notice, for any reason, including without limitation, Account inactivity or if Spolu believes or has reason to believe that You have violated any provision of the Terms of Use.

  1. Termination By You

You may cancel Your use of the Website/App and/or terminate the Terms of Use with or without cause at any time by uninstalling User App and in case of Service Partner follow the instruction as per Agreement.

  1. Effect Of Termination

Upon termination of Your Account, Your right to participate in the Website/App, including, but not limited to, Your right to offer or purchase Services and Your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that Your right to receive any fees or compensation hereunder is conditional upon Your proper use of the Website/App, Your adherence to the Terms of Use, the continuous activation of Your Account, and Your permitted participation in the Website/App. In the event of Termination of Service, Your Account will be disabled and You may not be granted access to Your Account or any files or other data contained in Your Account. Notwithstanding the foregoing, residual data may remain in the Spolu system. Further on termination of the Account, the Service Partner or the Service User as the case may be will be required any pending fee / subscription charges and / or fee for the Services availed, within 3 days of terminating the Account. If the said pending fee / subscription charges and / or fee for the Services availed, not received within 3 days of termination of the Account, Spolu reserves the right to initiate appropriate legal proceedings under the applicable law.

Unless Spolu has previously cancelled or terminated Your use of the Website/App (in which case subsequent notice by Spolu shall not be required), if You provided a valid email address during registration, Spolu will notify You via email of any such termination or cancellation, which shall be effective immediately upon Spolu’s delivery of such notice.

Upon Termination of Service, the following shall occur: all licenses granted to You hereunder will immediately terminate; and You shall promptly destroy all copies of Spolu Data (as defined below), Marks (as defined below) and other content in Your possession or control. You further acknowledge and agree that Spolu shall not be liable to You or any third party for any termination of Your access to the Website/App. Upon Termination of Service, Spolu retains the right to use any data collected from Your use of the Website/Appor Appfor internal analysis and archival purposes, and all related licenses You have granted Spolu hereunder shall remain in effect for the foregoing purpose. In no event is Spolu obligated to return any Submitted Content to You.

You agree to indemnify and hold Spolu, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service Partners, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Service.

  1. INTELLECTUAL PROPERTY RIGHTS
  2. Spolu Owns Or Holds The Licenses To All Data And Marks On The Website/App

The content on the Website or Mobile App (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data“) and the trademarks, service marks and logos contained therein (“Marks“), are owned by Spolu. Other trademarks, names and logos on this Website/App are the property of their respective owners.

Data on the Website or on the Mobile App is provided to Youon “as is” basis for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Spolu reserves all rights not expressly granted in and to the Website/App and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website/App for any commercial purposes. If You download or print a copy of the Data for personal use, You must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website/App or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website/App or the Data therein.

  1. Spolu’s License To You For The Use Of Data And Marks

The Website/App contains Spolu’s Data and Marksare protected by copyright, trademark, patent, trade secret and other laws, and Spolu owns and retains all rights in the Spolu Data and Marks. Subject to these Terms of Use, Spolu hereby grants the Service Provider a limited, revocable, nontransferable, nonsub-licensable license to reproduce and display the Spolu Data (excluding any software source code) solely for the purposes relating to the Services and rendered exclusively to the Users of the Website / App.

The Website/App may also contain Data of other Users or licensors, which You shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.

  1. SPOLU FEES
  2. Fees Incurred By Service Partners

Joining Spolu, opening an Account and viewing posted Services is free. Spolu reserves the right at its sole discretion to charge fees to the Service Partners for the Services rendered. However, Spolu reserves the right to charge a certain amount of subscription fee or Account opening fee from the Service Providers in the future.

Spolu may also in certain categories require Service Partners to make payments for following up on job leads i.e. requests posted by Service Users, and permitting the Service Partner to contact the Service User (“Lead Fee”) irrespective of whether the job leads eventually result in a transaction or exchange of consideration for the service requested. In order to be eligible to make such Lead Fee payment, Service Partners shall be required to make advance payments (“Credits”) from which the Lead Fee may be deducted as and when necessary. Whenever the Credits fall below the prescribed threshold, the Service Partner shall be prompted to refill the Credits in order to continue enjoying the ability to follow up on leads and contacting Service Users.

  1. Fees Incurred By Service Users

Joining Spolu, opening an Account and viewing posted Services is free. Spolu currently does not charge Service Users for transactions completed on the Website but onAppwhen Service Useris making a booking for any of the service offered by Spolu there is a booking fees of INR 99/-, payable in advance. For each service an estimate will be delivered to Service User, including the cost of the Service required and after receiving confirmation for the specified Service, it will be carried out. Spolu reserves the right to change in fee to Service Users in the future on a per-transaction basis or in any other manner, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective immediately after Spolu has posting the changes on the Website and App.

If applicable, You agree to pay all fees or charges to Your Account based on Spolu’s fees, charges, and billing terms then in effect. If You do not pay on time or if Spolu cannot charge Your credit card, any payment gateway or other payment method for any reason, Spolureserves the right to either suspend or terminate Your access to the Website and/or App and terminate these Terms of Use. You are expressly agreeing that Spolu is permitted to bill You for the applicable fees, any applicable tax and any other charges You may incur in connection with Your use of this Website/App and the fees will be billed to Your credit card, a payment gateway or other payment method designated at the time You make a purchase or register for a fee-based service. If You cancel Your Account at any time, You will not receive any refund. If You have a balance due on any account, You agree that Spolu may charge such unpaid fees to Your credit card or otherwise bill You for such unpaid fees. Spolu reserves its right to initiate appropriate legal proceedings, if necessary, in its sole discretion, to recover such outstanding amounts.

  1. Taxes

You understand that we are acting solely as an intermediary for the collection of fees between a Service User and a Service Partner who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, You understand and agree that You are solely responsible for determining Your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, You understand that Spolu shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Partner.

  1. REFUND POLICY

All commissions payable to Spolu by Service Partners on consummated transactions, i.e. exchange of services for consideration, are final and non-refundable. Fees payable by Service User for each booking is final and non-refundable. However for any booking for which Spolu is not providing services due to unavoidable circumstances (Remote Area Location / Natural Disaster), Spolu have right to make a refund at his own discretion.

  1. NEGOTIATION OF TERMS OF SERVICE
  2. Spolu is not A Party To Any Service Contract

Each Registered User hereby acknowledges and agrees that Spolu is NOT a party to any oral or written Agreement for the Service, written terms, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website or Mobile App, by the Service Partner. Each Registered User acknowledges, agrees and understands that Spolu only seeks to provide a platform wherein the Service User and Service Partner can be brought together and Spolu itself has not role in the execution or provision of Services.

  1. No Agency Or Partnership

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or Your use of any part of the Website/App, including without limitation, written terms or Agreement for Service. You do not have any authority whatsoever to bind Spolu in any respect. All Service Partners are independent contractors. Neither Spolu nor any Users of the Website or Mobile App may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

  1. DISPUTES BETWEEN REGISTERED USERS

Subject to the provisions regarding disputes between Users in connection with Feedback, Your interactions with Service Partner / individuals and/or organizations found on or through the Website/App, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between You and such Service partner, individual or organization. You should take reasonable precautions and make whatever investigation or inquiries You deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Service Partners and Service Users.

NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SINCE SPOLU ONLY SEEKS TO PROVIDE A PLATFORM WHEREIN THE SERVICE USER AND SERVICE PARTNER CAN BE BROUGHT TOGETHER AND SPOLU ITSELF HAS NO ROLE IN THE EXECUTION OR PROVISION OF SERVICES ITSELF, SPOLU SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE WEBSITE / MOBILE APP, OR BETWEEN REGISTERED USERS OR ANY WEBSITE/APP USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT SPOLU IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE WEBSITE/APP USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE SPOLU, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE/APP OR ANY SERVICE PROVIDED THEREUNDER.

  1. Dispute Resolution

If a dispute arises between You / Service Partner and Spolu, our goal is to provide You with a neutral and cost effective means of resolving the dispute quickly. Accordingly, You and Spolu hereby agree that we will resolve any claim or controversy at law and equity that arises out of the Terms of Use or the Website / Mobile App in accordance with this term or as we and You otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage You to first contact us directly to seek a resolution via e-mail at care@spolu.in The dispute shall be resolved through adjudication by a competent court of law in New Delhi. Service User and Service Partner agree that the courts at New Delhi shall have irrevocable and exclusive jurisdiction to hear disputes and claims arising herein.

  1. Governing Law

The Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in New Delhi, India.

  1. ADVERTISEMENTS

Aspects of the Website/App and other Spolu services in addition to the Services, may be supported by advertising revenue. As such, Spolu may display advertisements and promotions on the service. The manner, mode and extent of advertising by Spolu on the Website / Mobile App are subject to change and the appearance of advertisements on the Website / Mobile App does not necessarily imply endorsement by Spolu of any advertised products or services. You agree that Spolu shall not be responsible or liable for any loss or damage of any sort incurred by You as a result of any such dealings or as the result of the presence of such advertisers on the Website/App.

  1. THIRD-PARTY LINKS, CONTACT FORMS AND PHONE NUMBERS

The Website and/or Appmay provide, or third parties may provide, links, contact forms and/or phone numbers to other Website/Apps or resources, including, without limitation, social networking, blogging and similar Website/Apps through which You are able to log into the Website/App using Your existing account and log-in credentials for such third-party Website/Apps.

  1. DISCLAIMER OF WARRANTIES

You agree that Your use of the Website and / or the App shall be at Your own risk. To the fullest extent permitted by law, and Spolu and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service partners, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this Website and/or mobile App, the services offered on or through this Website or mobile App, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this Website / mobile App, including without limitation the materials, data and submitted content of other Users of this site or other third parties. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this Website/App, the Services offered on or through this Website / mobile App, data, materials, submitted content, and any information or material contained or presented on this website / mobile app is provided to You on an “as is“, “as available” and “whereis” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Spolu does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the Website/App or submitted content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website / mobile App by any third party, any interruption or cessation of transmission to or from the website/app, any defamatory, offensive, or illegal conduct of any third party or Service Useror Service Partner, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the Website/App or submitted content posted, emailed, transmitted, or otherwise made available via the Website / mobile App. Spolu does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website/App or any hyperlinked site or featured in any banner or other advertisement or app. Spolu will not be a party to or in any way be responsible for monitoring any transaction between You and any party, including third party service partners of products or services. As with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, You should use Your best judgment and exercise caution where appropriate.

  1. Limitations of Liability
  • In no event shall Spolu, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, attorneys or agents, be liable to You for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any (i) access to or use of the Website/App or any services offered by any service partners via the website / mobile app, including services provided pursuant to an agreement formed independently of the website / mobile app, whether or not an agreement for service formed via the website or mobile app is in effect; (ii) errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the Website/App or submitted content; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website or through mobile App by any third party; (v) any interruption or cessation of transmission to or from the Website or from mobile App; (vi) any errors or omissions in any data, content, information, materials or substance of the Website/App or submitted content; (vii) any failed negotiations for a service, any disputes that arise during or after the negotiation of a service or the formation of a contract for a service, or any other dispute that arises between Users of the Website or mobile App; (viii) any defamatory, offensive, or illegal conduct of any third party or service User or Service Partner; or (ix) any use of any data, marks, content, information, materials or substance of the Website/App or submitted content posted on website or on app, emailed, transmitted, or otherwise made available on or through the Website/App, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Spolu is advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
  • In no event shall the total, aggregate liability of Spolu, or any of the above-referenced respective parties, arising from or relating to the website or mobile app, and/or submitted content exceed the total amount of fees actually paid to Spolu by You hereunder.
  • Youhereby acknowledge and agree that Spolu shall not be liable for submitted content or the defamatory, offensive, or illegal conduct of any third party or service User or service provider and that the risk of harm or damage from the foregoing rests entirely with You. Youfurther acknowledge and agree that Spolu shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from or relating to any contract between Website or mobile App Users entered into independently of the Website / App.
  • The Website/App may contain links to third-party Website/Apps that are not owned or controlled by Spolu. Spolu does not have any control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party Website/Apps. In addition, Spolu will not and cannot censor or edit the content of any third-party site. By using the Website/App, You expressly relieve Spolu from any and all liability arising from Your use of any thirdparty Website/App. Accordingly, please be advised to read the terms and conditions and privacy policy of each third-party website/app that You visit, including those directed by the links contained on the Website/App.

 

  1. INDEMNIFICATIONS AND RELEASE

You and / or the Service Partner, as the case may be, agree to defend, indemnify and hold harmless Spolu, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from Your use of, access to, rendering Service and participation in the Website / App; Your violation of any provision of the terms of use, including the Privacy Policy; Your violation of any third-party right, including without limitation any copyright, property, proprietary, intellectual property, or privacy right; or any claim that Your submitted content caused damage to a third party. this defense and indemnification obligation will survive these terms of service and Your use of the Website/App.

If You have a dispute with one or more website Users or app Users, You forever release Spolu (and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with Your use of the Website/App and/or any submitted content.

The terms of use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Spolu without restriction.

  1. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

  1. NOTICE

You agree that Spolu may provide You with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website and/or on App.

  1. GENERAL INFORMATION
  2. Entire Terms Of Use

The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by Spolu on the Website and on App, shall constitute the entire agreement between You and Spolu concerning the Website and App. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Spolu’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

  1. Statute Of Limitations

You agree that any cause of action arising out of or related to the Website or Appmust commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.The section headings in the Terms of Use are for ease of convenience.

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