Welcome to 1HR.market, an online marketplace located at www.1hr.market (the “ Platform ”) and owned and operated by Go Cohoots Marketplace Private Limited (hereinafter “1HR.market”, “us”, “our” , and “we”, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, and permitted assigns). 1HR.market, through the Platform, acts an online marketplace that connects entities, organization, firms and individuals providing human resource related services with entities that are in need of their services. 1HR.market makes the Platform available to inter alia (a) facilitate interaction between the Experts (defined below) and the Customers (defined below); (b) enable discovery of Experts; (c) facilitate communication, payment and project management on request, for the Expert’s products and services between the Experts and Customers (hereinafter collectively “Services”).
You should read these Terms and access and read all further linked information along with and in conjunction with any other agreement entered by you with 1HR.market. In case of conflict between these Terms and any other agreement entered into by you with 1HR.market, 1HR.market shall determine, in 1HR.market’ sole and absolute discretion, which of the provisions shall control any such inconsistency or conflict. Such interpretation placed by 1HR.market shall be final and binding on you.
Use of the Platform is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform. Any person under the age of 18 shall not register on the Platform and shall not transact on or use the Platform. If a minor wishes to use or transact on the Platform, such use or transaction may be made by the minor’s legal guardian or parents on the Platform. Any minor accessing, using or transacting on the Platform in violation of these Terms shall be doing so at their own risk and 1HR.market shall not be responsible or liable for any activities or interactions of such minor on the Platform. 1HR.market reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Platform if it is brought to the notice of 1HR.market or if 1HR.market discovers for itself that such person is not eligible to use the Platform. If you represent a person that is an entity, organization, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such person to these Terms.
TYPES OF USERS
“User,” “you” and “your” refer to the person, company, or organization (including any employee of such company or organization) that has visited or is using the Platform and/or the Service and/or is the registered user of the Platform (as the case may be). A User may be a Customer, Expert, both, or none, depending on the context of its use within these Terms.
“Expert” refers to a User of the Platform, whether an individual or business entity who offers to provide such human resource related goods and services including project management for the Customers (“Marketplace Products and Services”) to a Customer, as per the requirements of such Customer. It is clarified that Experts are neither the employees nor agents of 1HR.market.
““Customer” refers to a User of the Platform, whether an individual or business who visits the Platform and/or requests or purchases Marketplace Products and Services from an Expert.
GOVERNANCE OF MARKETPLACE PRODUCTS AND SERVICES
Any information provided on the Platform is for general information purposes only. We try to ensure that all information provided on the Platform is as accurate as possible and that information is correct (to the best of our knowledge) at the time of posting onto the Platform and is reviewed regularly. However, to the fullest extent permitted by law, we do not warrant that any information available on the Platform is accurate, complete, reliable, current, or error-free.
Only registered Experts may buy and sell products/service offerings on the Platform as part of the Marketplace Products and Services. Registration is free unless specified otherwise. Prices of Marketplace Products and Services on the Platform are determined by the Expert.
The details of Marketplace Products and Services are displayed on the Platform on an “as is” and “as available” basis. You recognize and confirm that 1HR.market does not assume responsibility for the accuracy or completeness of such information and will not be responsible or liable to verify the accuracy or completeness of such information.
SESSIONS BETWEEN THE USERS
You acknowledge and agree that as a part of the Services, 1HR.market shall facilitate communication between the Users of the Platform, including without limitation between the Experts and the Customers through, audio/video calls and or chat facility provided on the Platform or virtual meeting platforms (collectively, “Sessions”). You hereby expressly grant permission to 1HR.market for recording such Sessions which shall be used for internal evaluation purposes. 1HR.market reserves the right to analyse in its sole discretion whether Sessions are being appropriately conducted and in compliance with these Terms or not and you shall have no remedy against such a decision
During a Session with the Expert or Customer (as applicable), you shall treat such Expert or Customer (as applicable), as you would have otherwise treated such Expert or Customer (as applicable), during a physical one-on-one session.
RELATIONSHIP OF THE PARTIES
1HR.market is not a party to contracts.
The business relationship including commercial/contractual terms, duration and quantum of payment/contribution to be made by each User to another User exists exclusively between Customer and Expert and the Customer pays the Expert for Marketplace Products and Services. Experts are not the employees or agents of 1HR.market. 1HR.market does not promote any Expert and/or Customer and should a User choose to proceed with a transaction with another User (whether an Expert and/or Customer), 1HR.market will not be a party to such interaction and take no liability arising from such interaction.
1HR.market is not engaged in the business of provision, grant or disbursal of Marketplace Products and Services or any other similar products or services but merely provides an infrastructure that enables Customer’s access to Experts. At no point may 1HR.market be held liable for the actions or omissions of any Expert performing Marketplace Products and Services or any Customer purchasing Marketplace Products and Services. 1HR.market is not and will not be responsible for any claim or for any damages suffered that are related, directly or indirectly, to or arise out of the use of any service provided by the Expert and used by the Customer on or through Platform.
1HR.market does not guarantee results. 1HR.market takes pride in our processes to make high quality Experts available to Customers. While we make reasonable efforts to vet the Experts that use our Platform, we cannot guarantee the fitness of any Expert for a Customer’s specific needs or guarantee the quality, accuracy, and timeliness of any Marketplace Products and Services provided to Customers. 1HR.market does not sanction statements an Expert may post on the system. We encourage Customers to research or independently vet any Expert or information provided by such Expert before purchasing a service or product.
Reviews. From time to time, Customers may submit reviews of Experts; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future matter. 1HR.market will have no responsibility or liability of any kind for any User Content (defined below) or any advice you encounter on or through the Platform, and any use or reliance on User Content or advice is solely at your own risk.
Services on the Platforms. The provision of services to you on the Platform may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. 1HR.market strives to keep the Platform up and running; however, all online services suffer occasional disruptions and outages, and 1HR.market isn’t liable for any disruption or loss you may suffer as a result. 1HR.market may discontinue some or all of the Services provided on the Platform, as it may deem fit, including certain features and the support for certain devices and platforms, at any time.
You acknowledge and understand that the relevance algorithm for the purpose of listing the Expert and/or the Marketplace Goods and Services offered by these Experts on the Platform is a fully automated system. These listings of the Experts do not represent any fixed objective ranking or endorsement by 1HR.market. 1HR.market will not be liable for any change in the relevance of the Experts on search results, which may take place from time to time. You further acknowledge that the listing of Experts will be based on automated computation of the various factors including inputs made by the Customer, their comments and feedback. Such factors may change from time to time as 1HR.market may deem fit. Notwithstanding the foregoing 1HR.market retains full discretion to categorize and otherwise modify the method of Customer discovery of Expert profiles, including through search results and tagging, in order to improve service quality and to make the searching process for the Customer easier. In no event will 1HR.market be held responsible for the accuracy and the relevance of the listing order of the Expert on the Platform.
PAYMENT TERMS AND TRANSACTIONS
For the purpose of availing the Services provided by the Platform, you agree and understand that 1HR.market may at its sole discretion in relation to registration and/or for the purpose of use of the Platform require you to pay a registration charge and/or any other additional charges for the purpose of your continued use of the Platform after providing you with a prior notice of 30 days. In such an event for the purpose of continued use of the Platform you shall be liable to pay such amounts as may be notified to you by 1HR.market from time to time.
The Platform permits Users to make payments of the fees payable to the Experts or any other fee/charges as may be applicable via. various modes including online payments through such payment aggregators integrated in the Platform for the purpose of carrying out such payment services.
While availing any of the payment method/s available on the Platform, 1HR.market will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to a User due to:
- Lack of authorization for any transaction(s), or
- Exceeding the preset limit mutually agreed between you and bank/s, or
- Any payment issues arising out of the transaction, or
- Rejection of transaction for any other reason(s) whatsoever.
You acknowledge that 1HR.market will not be liable for any damages, interests or claims, losses resulting from or suffered on account of a transaction/transaction amount not being processed or any delay in processing a transaction/ transaction amount which is beyond the control of 1HR.market.
REFUND AND CANCELLATION
You agree and understand that the Marketplace Products and Services are purchased and sold by Users of the Platform and not by 1HR.market. It is assumed that all Users, who buy or pay for these Marketplace Products and Services are fully aware of what they are buying/purchasing and that they have read all documentation in relation to such provision of the relevant Marketplace Products and Services (including, inter alia, the terms of services captured thereunder and the price of such services).
Once a payment is made for purchase of Marketplace Products and Services, the Customer may cancel the requirement in the event the Customer discovers that the Expert has acted fraudulently or has misrepresented to the Customer (with such fraud or misrepresentation being supported with written documentation to 1HR.market) or the Customer is dissatisfied with the Market Product and Services offered by the Expert, r. In such an event, 1HR.market will to the best of its ability provide the Customer with a different Expert (“Replacement”). In the event the Customer does not choose to proceed with the engagement with the Replacement, 1HR.market will refund the amount to the customer after deducting any cancellation fee, if applicable as may be notified by 1HR.market in advance to the Customer from time to time. Subject to the provisions contained herein, 1HR.market shall refund the sums received from the Customer within a period of 90 days in a manner indicated by 1HR.market. Subject to the foregoing,
1HR.market shall only be liable to pay the cancellation charge to the Customer, if 1HR.market has not made any payment to the Expert after receiving the same from the relevant Customer or the relevant Expert has refunded the required amount in full to 1HR.market.
Notwithstanding anything contained in these Term, 1HR.market shall not be liable to make any payment to the Customer and/or Experts in relation to any refund or cancellation charge if such cancellation results from the delay and/or non-performance of the Customer and/or Expert (as applicable) of its obligations as set forth under these Terms and as agreed between the Users in writing.
REFERRALS AND REWARDS
From time to time, 1HR.market may offer referral bonuses and rewards to you for inviting new users to the Platform and for completing other activities.
1HR.market encourages Customers and Experts to try and settle disputes amongst themselves, however, if this is not possible, 1HR.market may partake in the dispute resolution process by obtaining information about the dispute from both the Customer and Expert enable the parties to arrive at a solution. 1HR.market reserves sole discretion to make determinations in such disputes and will have the right to cancel or not return payment if determined that the Expert’s or Customer’s claims are not justified under the transaction, or that either the Expert or Customer has violated these Terms or applicable laws. You agree to indemnify and hold harmless 1HR.market against any damages or liability incurred as a result of 1HR.market taking such decision.
Our dispute procedures are for the benefit of our Users to help facilitate the transaction between Customers and Experts and to protect the integrity of our Platform so our Users have an enjoyable experience. In no event is the provision of such dispute resolution mechanism or cancellation of payments by 1HR.market an admission of any liability of 1HR.market.
We expend tremendous resources to provide our Platform and Services, and to connect Customers and Experts. Given that connecting Experts and Customers is crucial to 1HR.market’ business, Experts and Customers agree to conduct any paid engagement through the 1HR.market Platform for a period of 36 months from the date that the Expert and Customer were first introduced through the 1HR.market Platform (the “Non-Circumvention Period”).
During the Non-Circumvention Period, Users are prohibited from making side-agreements, entering into any business transactions or agreements with Users off-Platform, making or accepting off-Platform payments from Users, or engaging in activities that can be deemed competitive to 1HR.market with any User outside of our Platform unless the Expert facilitates payment of a contracted transaction fee to
1HR.market. To the extent reasonably practical and feasible, all communications between Expert and Customer concerning the Marketplace Products and Services must be made on our Platform.
Customers and Experts are also free to continue paid engagements with one another on the Platform after the Non-Circumvention Period. Any business conducted or transacted between Users on the Platform after the Non-Circumvention Period remains subject to these Terms and any transactions fees applicable to payments exchanged between Users.
Project or Retainer Agreement. Should Customer procure the Expert’s services on a project retainer basis (“Project or Retainer Agreement”), and such Project or Retainer Agreement commences during the Non-Circumvention Period, the Expert is responsible for paying 1HR.market a transaction fee on the agreement through the end of the Non-Circumvention Period.
Contingent Recruiting. In the event that a Customer employs an Expert as a full time employee during the circumvention period , the Customer will pay 1HR.market a fee equal to 15% of the salary.
Remedies for Violation of this Section. 1HR.market may terminate a User’s Account for violation of these Terms. You recognize and agree that any violation of the disintermediation provisions set forth above, during the Non-Circumvention Period will cause irreparable harm to 1HR.market. In the event that you violate or threaten to violate any of these provisions, at any time during the subsistence of these Terms or after, Company will have the right to enforce these Terms by means of injunctive relief, in addition to money damages and other available legal remedy that may be available to it. You agree to pay 1HR.market’ the cost of pursuing judicial enforcement of these Terms, including attorney’s fees and costs.
“User Content” means any and all public-facing information and content that a User submits to or posts on: (a) the Platform; and (b) on social networking sites where we have a page or presence. You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content that you make available on our social networking sites and on the Platform. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Services. We reserve the right to remove any User Content from the Platform at our discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the
- appropriate permission from their rightful owner to specifically submit such content;
- You affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms, remove any and/or all of your submissions, and terminate your account with or without prior notice.
- You further represent and warrant that while posting any User Content on the Platform you shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language.
- You shall not post any content on the Platform that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Platform is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may
monitor and/or record your interactions with the Platform. You acknowledge that 1HR.market does not endorse any User Content on the Platform and is not responsible or liable for any User Content. 1HR.market reserves the right to remove any third-party marketing material and disable access to the User Content on the Platform.
You hereby grant 1HR.market a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post or that you otherwise provide on or through the Platform; and that, as at the date that the User Content is posted or submitted on the Platform: (a) the User Content is accurate; (b) use of the User Content you supply does not breach these Terms; and (c) that such User Content is lawful.
Acceptable Use Policy.
Your permission to use the Platform and the Services is conditioned upon the following use restrictions and conduct restrictions, whereby you agree that you will not under any circumstances during the use of the Platform, host, display, upload, modify, publish, transmit, store, update or share any information:
- except as expressly provided in these Terms, belongs to another person and to which you do not have any right.
- that is abusive, threatening, obscene, defamatory, libelous, objectionable and offensive, invasive of another person’s privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the applicable laws in force in any manner whatsoever.
- that is incorrect, incomplete or misleading in any way
- that is harmful to minors.
- that involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.
- that provides instructional information about illegal activities such as violating someone’s privacy or providing or creating computer viruses. that attempts to, or harass, abuse or harm another person or group.
- that provides false or inaccurate information or impersonates another person when registering an Account.
- that interferes or attempts to interfere with the proper functioning of the Platform or Services.
- that collects or stores personal data about other Users.
- that publishes or links to malicious content intended to damage or disrupt another User’s browser or computer.
- that infringes upon or violates any third party’s rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical
address or phone number).
- that tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, Account information, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Platform.
- that interferes with another user’s use of the Platform.
- that impersonates another person.
- that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign states.
- that refers to any website or URL that, in 1HR.market’s sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
- that deceives or misleads the addressees/users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact.
- that contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.
- that violates any applicable law for the time being in force.
In no event and under no circumstances shall 1HR.market be held liable to you for any liabilities or damages resulting from or arising out of your use of the Platform. You agree and acknowledge that you shall not use the Platform for any illegal or unauthorized purpose. You agree to comply with all applicable laws pertaining to your use of the Platform. You further agree and acknowledge that you shall use the services on the Platform only for your internal business use and not for any other purpose.
1HR.market shall have the right, but not the obligation, to monitor access to or use of the Platform to ensure your compliance with these Terms or applicable laws, at its sole discretion.
Content And Intellectual Property Rights.
Except for User Content, all of the content and services and products provided on the Platform including without limitation text, software, scripts, code, designs, graphics, photos and other content and the copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated therewith (“IP”) is owned by 1HR.market or others (including without limitation, the third party service providers) that 1HR.market licenses such content from, and is protected by copyright, trademark, patent and other intellectual property laws.
You hereby acknowledge that the IP constitutes original works and has been developed, compiled, prepared, revised, selected, and arranged by 1HR.market and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of 1HR.market and such others. You thereby agree to protect the proprietary rights of 1HR.market during and after the subsistence of these Terms. You may not selectively download portions of the Platform without retaining the copyright notices. You may download material from the Platform only for your own personal use and for no commercial purposes whatsoever.
You shall use the Platform strictly in accordance with these Terms, and shall not, directly or indirectly, (a) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Platform; (b) make any modification, adaptation or improvement, enhancement, translation or derivative work from the Platform; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Platform; (d) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Platform; (e) use the Platform for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended; (f) distribute or transmit the Platform or other services; (g) use the Platform for any purpose not in accordance with these Terms; (h) use the Platform for creating a service or software that is directly or indirectly, competitive with the Platform or any Services offered by 1HR.market or use the contents of the Platform to advertise or solicit, for any commercial purpose or to compete, directly or indirectly, with the Services; (i) derive any confidential information, processes, data or algorithms from the Platform or access the Platform for the purposes of accessing a database of 1HR.market User’s to contact off the Platform; or (j) bypass any robot exclusion headers or other measures 1HR.market takes to restrict access to the Services or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data.
Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available remedies under applicable laws of the country.
You agree to indemnify and hold 1HR.market (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Platform and Services; (b) your User Content, (c) the services you request as a Customer or the services you provide as an Expert; (d) your violation of these Terms; or (e) your violation of applicable laws or regulations. 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 with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it
LINKS TO OTHER SITES AND/OR MATERIALS
Third Party Platforms. As part of the Services, we may provide you with convenient links to third party website(s) (“Third-Party Platforms”) as well as content or items belonging to or originating from third parties (the “Third-Party Applications, Software or Content ”). Users may also include links to their website or other Third-Party Platforms on their listings. These links are provided as a courtesy to Users. We have no control over Third-Party Platforms and Third-Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third-Party Platforms or Third-Party Applications, Software or Content. If you decide to leave the Platform and access the Third-Party Platforms or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that our Terms and policies no longer govern such access or usage. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Platform or relating to any applications you use or install from the site.
AGREEMENT TO RECEIVE COMMUNICATION
You hereby by way of accepting these Terms consent to the receipt of communication from 1HR.market by way of Short Message Service (SMS) messages, e-mails, promotional, marketing calls and newsletters. These messages, emails and calls could relate to your registration or the transactions that you carry out through the Platform and promotions that are undertaken by 1HR.market, services from 1HR.market and its third-party partners.
DISCLAIMER OF WARRANTIES
THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM (COLLECTIVELY, THE “MATERIALS”) ARE PROVIDED BY 1HR.market ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. 1HR.market MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE MATERIALS AND THE ACCURACY OF THE INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 1HR.market OR THROUGH OR FROM THE PLATFORM OR CONTENT THEREIN SHALL CREATE ANY WARRANTY. YOU ACKNOWLEDGE AND UNDERSTAND THAT THIRD PARTY SERVICES ARE BEING MADE AVAILABLE ON THE PLATFORM IN RELATION TO WHICH 1HR.market MAY HAVE PARTNERSHIPS WITH SOME OF THESE THIRD PARTIES IN ORDER TO FACILITATE THE PROVISION OF SERVICES TO YOU THROUGH THE PLATFORM. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT 1HR.market, AT NO TIME, IS MAKING ANY REPRESENTATIONS OR WARRANTIES REGARDING PROVISION OF SERVICES BY ANY OF THESE THIRD PARTIES NOR WILL 1HR.market BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH SUCH THIRD PARTIES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST 1HR.market WITH RESPECT TO THE SERVICES PROVIDED BY SUCH THIRD PARTIES. 1HR.market SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF THE PLATFORM IS AT YOUR SOLE RISK. 1HR.market WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE MATERIALS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, 1HR.market DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND ITS MATERIALS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
LIMITATION ON LIABILITY
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OF THE SCHEME INFORMATION; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM; (C) DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING IN CONNECTION WITH THE TRANSACTION BETWEEN YOU AND THE RELEVANT USER TOWARDS PROVISION OR AVAILING OF MARKETPLACE PRODUCTS AND SERVICES; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN; (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; AND/OR (G) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA. THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 1HR.market IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, IN NO EVENT WILL 1HR.market TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNTS YOU’VE PAID 1HR.MARKET IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE ANY LIMITED REMEDY HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You hereby represent and warrant that you have validly entered into these Terms and have the legal power to do so. You further represent and warrant that you shall be solely responsible for the due compliance with these Terms.
In relation to the collection, storage and processing of the any data/information of the Users, you hereby represent that you shall, at all times, be in compliance with the Information Technology Act, 2000 and Rules made thereunder and all such regulations in India or abroad in relation to data privacy that may be applicable to you.
RIGHTS & RESERVATIONS
1HR.market reserves the right to:
- Make all decisions in relation to inter alia your registration with 1HR.market;
- Request additional documents and additional information from you for the purpose of your registration as a user with the Platform; and
- Deny access to the Platform or any portion thereof without notice for the following reasons (i) any unauthorized access or use by you; (ii) attempt(s) to assign or transfer any rights granted to you under these Terms; (iii) violation of any of the provisions of these Terms or any applicable laws.
TERM AND TERMINATION
Subject to this Section, these Terms will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Platform and/or Services (including your Account) or (b) terminate this your Account or these Terms, at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of these Terms, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content from our live databases. We will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Account or deletion of your User Content. Upon termination of these Terms, all of the provisions will terminate except those that by their nature should survive.
Your continued use of the Platform constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Platform.
You hereby understand and acknowledge that there may be certain laws, rules and regulations applicable to you, to which 1HR.market is not required to comply with in India. In the event, it is required by such laws, rules and regulations (as applicable to you) for 1HR.market to comply with such laws, rules and regulations, then it is your responsibility to inform 1HR.market and provide the relevant details to 1HR.market, for 1HR.market to comply with such laws, rules and regulations and seek appropriate legal advice. You are also kindly requested to provide all such details and the applicable laws, rules and regulations at firstname.lastname@example.org. In the event, 1HR.market is held liable for any non-compliance with any of such laws, rules and regulations, then you shall be held liable for the same and you will fully indemnify and defend 1HR.market against any and all such claims and liabilities, unless you have communicated the compliance with such laws, rules and regulations to 1HR.market in accordance with these terms and conditions and such claims and liabilities are arising due to the non-compliance solely attributable to 1HR.market.
Nothing contained in these Terms shall be construed as creating any agency or partnership between us. Our failure to enforce at any time or for any period any one of more of these Terms shall not be deemed to be a waiver of them or of the right at any time subsequently to enforce any of these Terms nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
You shall not license, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without 1HR.market’s prior written consent. 1HR.market reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.
If any term or provision in these Terms shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law that term or provision or part shall to that extent be deemed not to form part of these Terms and the enforceability of the remainder of these Terms shall not be affected.