Consult Bazaar (“Consult Bazaar” or “We” or “Our”) is the author and publisher of the internet resource www.ConsultBazaar.com. (the “Website” or “Site”) is an online marketplace providing an online platform (“Services”) to avail/ appoint professionals / experts/ consultants (“Professionals”) from the list of Professionals on the platform (“Professional”) by visitors on the website (“Customers”). It is important that You spend time reading the terms as they constitute a legal agreement between Consult Bazaar and the Professionals (“You”, “Your”) in connection to the Services you provide by taking assignments on / through the Website.
The registered address of Consult Bazaar is at 29, Classic Villa, Sarkhej Road, Ahmedabad-380055.
The Consultant and Consult Bazaar are hereinafter individually referred to as a “Party” and collectively as “Parties”.
These Professionals / Consultants Terms and Conditions (“Professional Terms”) and the Terms of Use shall define the terms and conditions under which You are allowed to use the Website and avail / procure assignments on / through the Website and how we will treat Your account while You are a member. The Professional also agrees to comply with other terms and conditions provided on the website. If You have any questions about our Terms, feel free to contact us at consultbazaar@outlook.com.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time without further notice. You should periodically visit this page to review the current Terms so You are aware of any revision to which You are bound. Your continued use of the Website after any such changes constitutes Your acceptance of the new Terms. If You do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the service.
This Agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This Agreement is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms for access or usage of the services.
1. TERMS OF USE
1.1 By using the Website and the Services, You agree that You have read and understood these Terms and You agree to be bound by these Terms. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS BELOW, DO NOT CLICK THE “I AGREE” BOX, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE WEBSITE OR ITS SERVICES. You expressly represent and warrant that You will not avail / procure the Services if You do not understand, agree to become a party to, and abide by all of the Terms specified below. Any violation of these Terms may result in legal liability upon You. Nothing in these Terms should be construed as conferring any rights to any third party or any other person. YOUR USE OF THE WEBSITE AND ITS SERVICES FOR AVAILING / PROCURING PROFESSIONAL ASSIGNMENTS MEANS YOU ARE CONSENTING TO THIS AGREEMENT.
1.2 The Website and its services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name. You may not impersonate any other participant or use another participant’s password(s), if provided. Any such fraudulent conduct may be reported to law enforcement, and Consult Bazaar will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
1.3 You agree that You will abide by the terms and conditions of this Agreement, any additional terms and conditions and Consult Bazaar policies, including any amendments thereto made by Consult Bazaar from time to time which may be made without notice to You.
1.4 The Agreement is published in compliance with; and is governed by the provisions of Indian law, including but limited to:
1.4.1 the Indian Contract Act, 1872,
1.4.2 the (Indian) Information Technology Act, 2000 and
1.4.3 the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
2. MEMBERSHIP
2.1 Use of this Website for availing / procuring professional assignments is available only to persons who can form legally binding contracts under the applicable laws. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 are not eligible / unqualified to provide professional services on this Website. You represent that You, in Your individual capacity is competent to contract, are at least eighteen (18) years of age, are of sound mind and are not disqualified from entering into a lawful contract under any law in India.
2.2 Consult Bazaar reserves the right to terminate Your membership if You fail to comply with Consult Bazaar’ policy which may be amended from time to time.
3. ACCOUNT REGISTRATION AND YOUR INFORMATION
3.1 You will be able to procure / avail professional services assignments on the Website subject to conditions, by registering on the Website to create an account (“Consult Bazaar Professional Account”) and become a member (“Member”).
3.2 You are responsible for safeguarding Your Consult Bazaar Professional Account password, if provided. You agree that You will not disclose Your password to any third party and that You will take sole responsibility for any activities or actions under Your Consult Bazaar Professional Account, whether or not You have authorized such activities or actions. You will immediately notify Consult Bazaar of any unauthorized use of Your Consult Bazaar Professional Account.
4. TRANSACTIONS ON THE WEBSITE
4.1 Consult Bazaar and the Website acts as a mere venue/platform for the Professionals / Consultants/Accountants/Bankers to get leads and as provided on the Website.
4.2 Our responsibilities are limited to: (i) facilitating the availability and outreach of the Website; and (ii) serving as the facilitator of each Customer for the purpose of providing lead.
The Professionals / Consultants and Consult Bazaar are hereinafter individually referred to as a “Party” and collectively as “Parties”.
WHEREAS
1. The Consultant is a qualified [lawyer/company secretary/chartered accountant / other expert] registered with the [Bar Council of India / Institute of Company Secretaries of India / Institute of Chartered Accountants of India] (“Authority”) as per qualification.
2. The Professionals / Consultants/Bankers undertakes & confirms that, he / she shall comply with all rules, regulations and guidelines issued by the Authority, as may be applicable to the Consultant’s profession while rendering services to any person, entity, firm, association or organization (“Customer / Client”) on the website www.ConsultBazaar.com (“website”).
3. The Consultant undertakes & confirms that, the Consultant has provided and shall always provide true and accurate details regarding his/her qualification, expertise and skills to Consult Bazaar. The Consultant hereby agrees, understands and confirms that such details may also be displayed on the website by Consult Bazaar and the Consultant has no objection to the same.
4. The Consultant undertakes & confirms that the display of the Consultant’s details on the website is not restricted by any law, rule, order, judgment, statute or guidelines having the force of law in India, issued the Authority or any other statutory, governmental or judicial body in India.
5. The Consultant undertakes to maintain his registration with the Authority at all times and undertakes to inform Consult Bazaar in case of receipt of any communication from the Authority regarding surrender, cancellation, termination or expiry of his registration with the Authority.
6. The Consultant undertakes & confirms that Consult Bazaar is under no obligation, whether contractual or otherwise, to display the Consultant’s name, qualification, profile, skills or any other details on the website and that Consult Bazaar reserves the right to alter, modify, delete or remove the Consultant’s details from the website in its sole discretion. The Consultant hereby waives, releases and relinquishes any and all claims, rights or causes of action in equity or law whatsoever arising through or under this Deed or any other contract, agreement, letter or document, whether written or oral, between the Consultant and Consult Bazaar.
7. The Consultant undertakes to comply with the website terms of use, privacy policy and such other instructions or requests, whether oral or in writing, as may be made from time to timeby Consult Bazaar.
5. FACILITATION FEE
5.1 As a consideration for the services provided by Consult Bazaar to the Consultant/Banker in the form of providing leads, the Consultant/Banker hereby agrees to pay Consult Bazaar a facilitation fee as informed to you from time to time through e-mail. Leads will be provided for specific period of contract/duration.
5.2 Consult Bazaar reserves the right to change the facilitation fees at its discretion. Any changes in facilitation fee will be effected for the listings created on or after the fee changes are effected by publishing on the Website or email communication to you.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 The ConsultBazaar.com name is trademarks and service marks of Consult Bazaar (collectively the “Consult Bazaar Trademarks”). Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Consult Bazaar Trademarks displayed on the Website, without Consult Bazaar’s prior written permission in each instance.
7. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
7.1 You acknowledge and agree that Consult Bazaar shall not be liable for your direct interactions with any organizations and/or individuals on the Website or through websites. This includes, but is not limited to, payment and delivery of Services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals.
7.2 You agree and acknowledge that Consult Bazaar shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such direct dealings or interactions. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that Consult Bazaar is under no obligation to become involved in such dispute.
7.3 In the event that you have a dispute with one or more other users, you hereby release Consult Bazaar, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
8. DISCLAIMER OF WARRANTIES
8.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
8.2 To the fullest extent permitted by law, Consult Bazaar, its owners, officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof.
8.3 Consult Bazaar makes no warranties or representations about the accuracy or completeness of the Website’s content or the content of any third party websites linked to the Website and about leads it generates and provides to consultants/bankers and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website and service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Website, (iv) any bugs, viruses, trojan, or the like which may be transmitted to or through the website by any third party, and/or (v) 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, communicated, transmitted, or otherwise made available via the website or the service.
8.4 Consult Bazaar does not warrant, endorse, guarantee, or assume responsibility for any Service advertised or offered by you through the Website or any hyperlinked website or featured in any banner or other advertising, and Consult Bazaar will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third-party providers of Services. All the Services listed by you on the Website shall be on an “as is” basis for the Customers and Consult Bazaar shall not provide any warranties in respect of any Services listed by you nor shall Consult Bazaar be liable to any Customer who claims any damage or loss on purchase of your Product.
9. LIMITATIONS OF LIABILITY
9.1 IN NO EVENT SHALL CONSULT BAZAAR, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CONSULT BAZAAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CONSULT BAZAAR SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
9.2 In no event shall Consult Bazaar, its owners, officers, directors, employees, or agents be liable for any claims or damages arising out of the sale of your Services on the website and you acknowledge that you shall be solely responsible and liable for any such claim arising out of or in connection with your services availed / procured by Customers. Further, Consult Bazaar shall not be liable for any loss or damages caused to you for any Services disputed by the Customer.
10. TERM AND TERMINATION
10.1 This Agreement may be in force until terminated or service period (duration of contract or end of period for which contract is taken) ends. Service period will be mentioned in invoice or email sent to you after successful payment of fees.
10.2 You acknowledge and agree that Consult Bazaar, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the service (or any part thereof), immediately and without notice, and remove and discard your Services listed on the Website for any reason or no reason at all, including, without limitation, if Consult Bazaar believes that you have violated these Terms.
10.3 Upon termination, you shall not use the services of the Website in any manner whatsoever, including without limitation to list your Products.
11. INDEMNITY
You agree to indemnify and hold Consult Bazaar, its owners, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by the Customer or any third party due to or arising out of the listing or sale of your Services, or for any reason whatsoever, including but not limited to civil or criminal suits over authenticity, legality, ownership, infringement of copyright or trademark, or any other claim or litigation or due to breach of representations made by You to Consult Bazaar.
12. ASSIGNMENT
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Consult Bazaar without restriction. Any assignment or transfer by you shall be null and void.
13. GOVERNING LAW AND DISPUTES
These Terms shall be governed and construed in accordance with the laws of the Republic of India and the courts at Ahmedabad shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the business or Website.
14. SPECIFIC PERFORMANCE
The parties shall be entitled to seek and enforce specific performance of this Agreement, in addition to any other legal rights and remedies, without the necessity of demonstrating the inadequacy of monetary damages.
15. INDIRECT AND CONSEQUENTIAL LOSSES
Save as expressly provided otherwise in this Agreement, neither party shall be liable under or in connection with this Agreement for any loss of income, loss of profits or loss of contracts, or for any indirect or consequential loss or damage of any kind, in each case howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
16. RELATIONSHIP
This agreement has been entered between You and Consult Bazaar on Principal to Principal basis. None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and Consult Bazaar and you shall have no authority to bind Consult Bazaar in any manner whatsoever.
17. GRIEVANCE OFFICER
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Dilshad Hudda
Consult Bazaar
29, Classic Villa,
Sarkhej Road,
Ahmedabad-380055
Email: consultbazaar@outlook.com