FREEMEFY
TERMS AND CONDITIONS
Updated: 01 March 2024
A. M/s Freemefy and its affiliates(collectively “we”, “us” or “our”) are making an endeavour to create a web-based community of persons (“users”, “you”, “their” or “them”) which help and support each other in getting things done, and while doing so, are able to monetize their skills and expertise. Freemefy enables connections between users in the community who seek specific services (Clients) and users who deem themselves capable, skilled and qualified to offer these services (Experts). These Terms and Conditions (“Terms”) govern the access, use, or otherwise interaction by you with our website available at https://freemefy.com or mobile application ‘Freemefy’ (collectively, “Platform”) or avail products or services that Freemefy offers you on or through the Platform (collectively, “Freemefy Services”, “Our Services” or “FS”). In these Terms, the services offered to you by Experts on or through the Platform are referred to as “Expert Services”. These Terms also include our Privacy Policy, available at https://freemefy.com/privacy-policy/ (“Privacy Policy”), Community Guidelines, available at https://freemefy.com/community-guidelines/ (“Community Guidelines”) and any other guidelines, additional, or supplemental terms, policies, and disclaimers made available or issued by us from time to time (“Supplemental Terms”). The Privacy Policy, Community Guidelines and the Supplemental Terms form an integral part of these Terms. In the event of a conflict between these Terms and the Supplemental Terms with respect to applicable Services, the Supplemental Terms will prevail.
B. The Terms constitute a binding and enforceable legal contract between M/s Freemefy (a firm registered with the Registrar of Firms and Societies, Punjab with its registered address at 134, Shiva Enclave, Kharar, SAS Nagar, Punjab), and you, a user of Freemefy Services, or any legal entity that uses the Platform on behalf of end-users. By using Freemefy Services, you represent and warrant that you have full legal capacity and authority to agree to and bind yourself to these Terms. If you represent any other person, you confirm and represent that you have the necessary power and authority to bind such person to these Terms.
C. By using Freemefy Services, you agree that you have read, understood, and are bound by, these Terms, as amended from time to time, and that you will comply with the requirements listed here. These Terms expressly supersede any prior written agreements with you. If you do not agree to these Terms, or comply with the requirements listed here, please do not use Freemefy Services.
1. Account Creation
1.1 A person, who is not a registered user of Freemefy Platform is able to access limited content on the Platform. To avail Freemefy Services, you will be required to create an Account on the Platform (“Account”). For creating an Account, you will be required to register on the Platform by providing required details about you, including but not limited to your name, email id, functional Aadhar linked phone number, and agreeing to the Terms and Conditions of Freemefy. To create an Account, you must be at least 18 years of age.
1.2 You warrant that all information furnished in connection with your Account is and shall remain accurate and true. You agree to promptly update your details on the Platform in the event of any change to or modification of this information.
1.3 You are solely responsible for maintaining the security and confidentiality of your Account and agree to immediately notify us of any disclosure or unauthorised use of your Account or any other breach of security with respect to your Account.
1.4 You are liable and accountable for all activities that take place through your Account, including activities performed by persons other than you. We shall not be liable for any unauthorised access to your Account.
1.5 You agree to receive communications from us regarding requests for payments, information about us and Freemefy and Expert Services, promotional offers and services from us, Experts and our third party partners, news and any other matter in relation to Freemefy and Expert Services. A key part of the Services is Freemefy’s ability to send you text messages, electronic mails, or WhatsApp messages, including in connection with your bookings, your utilisation of Freemefy and Expert Services, or as a part of its promotional and marketing strategies and you agree to receive the same.
2. User Content
2.1 Freemefy Platform may contain interactive features or services that allow users who have created an Account with us to post, upload, publish, display, transmit, or submit tasks, listings, offers, comments, reviews, suggestions, feedback, ideas, or other content on or through the Platform (“User Content”).
2.2 As part of the effective provision of Freemefy Services and quality control purposes, we may request reviews from you about Service Experts and you agree and acknowledge that Service Experts may provide reviews about you. You must not knowingly provide false, inaccurate, or misleading information in respect of the reviews. Reviews will be used for quality control purposes and to determine whether Clients and Service Experts are appropriate users of the Platform. If we determine at our sole discretion that you are not an appropriate user, we reserve the right to cancel your registration (Account) and remove you from our Platform.
2.3 You grant us a non-exclusive, unrestricted, worldwide, perpetual, irrevocable, transferable, sub-licensable, and royalty-free licence to;
2.3.1 use, reproduce, publish, display, store, host, moderate, transfer, process, communicate, distribute, make available, modify, adapt, translate, and create derivative works of, the User Content, for the functioning of, and in connection with, Freemefy Services;
2.3.2 use User Content for the limited purposes of advertising and promoting Freemefy Services, or furnishing evidence before a court or authority of competent jurisdiction under applicable laws.
2.4 In connection with these Terms and the licences granted under this clause, you hereby waive any claims arising out of any moral rights or other similar rights relating to the User Content.
2.5 You agree and acknowledge that Freemefy may, without notice to you, remove, or otherwise restrict access to User Content that, in its sole discretion, violates these Terms.
3. Consent to Use Data
3.1 You agree that we may, in accordance with our Privacy Policy, collect and use your personal data. The Privacy Policy explains the categories of personal data that we collect or otherwise process about you and the manner in which we process such data.
3.2 In addition to any consent you may provide pursuant to the Privacy Policy, you hereby consent to us sharing your information with our affiliates or other third party service providers. We may use information and data pertaining to your use of Freemefy Services for provision of services, analytics, trend identification, and purposes of statistics to further enhance the effectiveness and efficiency of our Services, and provision of beneficial schemes, new offers, and for experience enhancement.
3.3 Subject to applicable laws, we may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to you in connection with criminal or civil proceedings. You understand and agree that in such instances we shall have the right to share such data with relevant agencies or bodies.
4. Basic Principles
4.1 Please note that the Platform is intended for use only within India.
4.2 On registering and creating an Account on Freemefy, the User is able to act as a Client where the User can purchase Expert Services by posting a Task Request (“Task”) or Expert Service Listings (“Listings”). A User can graduate to an Expert by providing additional information to complete User profile and list minimum one service.
4.3 Task Request Flow. A user may post a Task Request which may be publicly made available, including to persons using internet who are not registered Users of Freemefy Platform. Experts may make an offer in response to the posted Task Request. Some parts of the offer details may be made public. A Client may revoke a posted Task Request at any time before he accepts an offer. If a Client accepts an offer on the Platform, the posted Task Request is assigned to the respective Expert. At this point a Task Contract is created between the Client and the Expert. Upon creation of a Task Contract, the Client must pay the Agreed Price for the posted Task Request into the Payment Account.Upon creation of Task Contract, Freemefy has rendered Freemefy Services and Service Fee is due and payable by the Client and Expert. The Client and Expert are strongly recommended to use the Platform messaging system to coordinate or make any changes to modalities of the Task or otherwise communicate. Once the services are complete, the Expert must provide notice of the same on the Platform and Client must provide confirmation to that effect on the Platform. Following confirmation by the Client that the posted Task Request has been completed, or if Freemefy is satisfied that the Task Request and services thereof have been completed, the Expert Service Fee will be payable and the respective amount will be released to the Expert from Payment Account. After Task Contract is completed, the Client and Expert are encouraged to review and provide feedback of the services on the Platform.
4.4 Expert Listings Flow. Freemefy allows Experts to list their services. Clients can purchase these services and pay into the Payment Account. At this point a Task Contract is created between the Client and the Expert. Upon creation of Task Contract, Freemefy has rendered Freemefy Services and Service Fee is due and payable by the Client and Expert. The rest of the flow is as per para 14.
4.5 Commercial Passenger Vehicle Service is not permitted through the Platform.
5. Role of Freemefy
5.1 Freemefy provides Freemefy Services in consideration of Service Fee for connecting Users (Clients and Experts). Freemefy may also provide Freemefy Services in consideration of Packages, Memberships, Subscriptions, Listing Claims, Featured Listing Status, direct sale of Goods and Services (without Experts) and any other service which it may include from time to time.
5.2 Users must be natural persons, but can specify within their Account description that they represent a business entity.
5.3 In its absolute discretion, Freemefy may refuse to allow any person to become a User or cancel or suspend or modify any existing Account including if Freemefy reasonably forms the view that a User’s conduct (including breach of this Terms) is detrimental to the operation of Freemefy Platform.
5.4 Freemefy accepts no liability for any aspect of the Client and Expert interaction, including but not limited to the description, performance, behaviour or delivery of services.
5.5 Freemefy is not responsible for, and does not warrant the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of an Expert to perform tasks, provide services or supply items, or the honesty or accuracy of any information provided by the Client or the Client’s ability to pay for the services requested.
5.6 Freemefy Service is provided on an “as is” basis, and without any warranty or condition, express, implied, statutory or otherwise. , We and our suppliers specifically disclaim, without any limitation any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that Freemefy Services or Expert Services will meet your requirements or expectations.
5.7 Freemefy has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve the User experience.
5.8 You understand and agree that:
5.8.1 Freemefy does not undertake any investigation in relation to any User (Client or Expert) or Third Party Service Provider, including criminal checks, verification of qualification or license held, or any character or other checks of the suitability of an Expert or Third Party Service Provider to perform any task which they may claim to be able to provide on the Platform;
5.8.2 You are solely responsible for conducting any appropriate background checks and obtaining references, licenses, certifications, proof of insurance, etc. prior to engaging an Expert to perform services;
5.8.3 You are solely responsible for making your own evaluations, decisions and assessments about choosing an Expert; and
5.8.4 Assume all risks and you agree to expressly release, indemnify and hold harmless Freemefy from any and all loss, liability, injury, death, damage, or costs arising or in any way related to Freemefy Services and Expert Services.
6. User Obligations
6.1 You represent and warrant that at all times:
6.1.1 comply with these Terms (including all Policies) and all applicable laws and regulations;
6.1.2 you will provide accurate and truthful information on Freemefy Platform. All information that you provide as User (Client or Expert) is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail Freemefy Services and/or avail or provide Expert Services. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to our notice. We do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data, provided to avail the Freemefy Services is incorrect, incomplete, inaccurate, or misleading or if you or a User fails to disclose any material fact.
6.1.3 ensure that you are aware of any laws that apply to you as a Client or an Expert, or in relation to your use of Freemefy Platform.
6.2 You shall extend all cooperation to us in our defence of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.
6.3 You agree that any content (whether provided by Freemefy, a User or a Third Party) on the Freemefy Platform must not be used on third party sites or for other business purposes without Freemefy’s prior written permission.
6.4 You must not use the Freemefy Platform for any illegal or immoral purpose.
6.5 You must maintain control of your Freemefy Account at all times. This includes not allowing others to use your Account, or by transferring or selling your Account or any of its content to another person. You are solely responsible for all activities that occur on or through your Account on the Platform and all User Content. The User Content does not and shall not violate any of your obligations or responsibilities under other agreements.
6.6 You represent and warrant that you own all intellectual property rights (or have obtained all necessary permissions) to provide User Content and to grant the licenses under these Terms.
6.7 You agree that any information posted on the Freemefy Platform must not, in any way whatsoever, be potentially or actually harmful to Freemefy or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Freemefy.
6.8 Without limiting any provision of these Terms, any User Content or information you supply to Freemefy or publish on the Platform, including but not limited to, an Offer, Listing or a Posted Task Request (including as part of an Offer) must be up to date and kept up to date and must not:
6.8.1 be false, inaccurate or misleading or deceptive;
6.8.2 be fraudulent or involve the sale of counterfeit or stolen items;
6.8.3 does not belong to any other person to which you do not have any right;
6.8.4 infringe any proprietary rights, including but not limited to, third or any party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
6.8.5 violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
6.8.6 threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, public order, cause incitement to the commission of any cognisable offence, prevents investigation of any offence, or is insulting another nation;
6.8.7 not defamatory, threatening, harassing, grossly harmful, blasphemous, paedophilic, invasive of another’s privacy, discriminatory based on gender, ethnically objectionable, disparaging, relating to, or encouraging money laundering or gambling, libellous, hateful, racist, violent, obscene, pornographic, unlawful, harmful to children, or otherwise offensive, objectionable, or restricts, or inhibits, any other person from using or enjoying Freemefy Services and in Freemefy’s sole and absolute discretion, is in any way inappropriate or unlawful;
6.8.8 contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of Freemefy Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
6.9 You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you shall not:
6.9.1 except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from or license Fremeefy Services;
6.9.2 use Freemefy Platform or Services to transmit any data, or send or upload any material that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes, or similar computer code, designed to adversely affect the operation of any computer software or hardware;
6.9.3 use any robot, spider, other automated device, or manual process to monitor or copy content from Freemefy Platform or Freemefy Services or any portion thereof;
6.9.4 engage in the systematic retrieval of content from Freemefy Services to create or compile, directly or indirectly, a collection, compilation, database, or directory;
6.9.5 use Freemefy Services in any unlawful manner for fraudulent or malicious activities or in any manner inconsistent with these Terms;
6.9.6 decompile, reverse engineer, or disassemble Freemefy Services;
6.9.7 link to, mirror, or frame, any portion of all or any of Freemefy Services;
6.9.8 violate applicable laws in any manner.
6.10 You warrant that you shall not engage in any activity that interferes with or disrupts Freemefy Services.
6.11 You shall not attempt to gain unauthorised access to any portion or feature of Freemefy Services, any other systems or networks connected to Freemefy Services, to any of our servers, or through the Platform by hacking, password mining, or any other illegitimate means.
6.12 You shall not directly or indirectly, in any capacity, solicit, attempt to influence, engage, approach, or accept or encourage the solicitations or approach of, Expert from whom you have availed Expert Services as a Client, or Client whom you have provided Expert Services as an Expert, to either terminate or otherwise cease their registration on or engagement with the Platform, or avail services the same as or similar to the Expert Services independently, without availing the Expert Services through your Account. You agree that this limitation is reasonable and fair and is necessary for the protection of the privacy and security of Users of Freemefy Platform and that this will not preclude you from obtaining services the same as or similar to the Expert Services through the Platform or other means. You further agree that any potential harm to Users of the Platform from the non-enforcement of this clause far outweighs any potential harm to you.
6.13 Freemefy Platform may engage location-based or map-based functionality. Freemefy Platform may display the location of Clients and Experts to persons browsing Freemefy Platform. A User should never disclose personal details such as the User’s full name, house number, street number, phone number or email address in a Posted Task Request, Listing or in any other public communication on Freemefy Platform.
6.14 If you are an Expert, you must have the right, licence or all other necessary skills (as applicable) to provide the relevant Services contracted under a Task Contract and the right to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment received under a Task Contract.
6.15 You must not, when supplying Services, charge Client any fees on top of the price paid by the Client. The Agreed Price of the Task Contract cannot be changed. A new Task Contract is required to be created to adjust any increase in price.
6.16 You must not request payments outside of the Freemefy Platform from the Client for the Services except to the extent permitted by these Terms and only if the Freemefy Platform does not facilitate the reimbursement via the Payment Account of costs considered in these Terms.
6.17 If an Expert agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Expert is solely responsible for obtaining any reimbursement from the Client. Correspondence in respect of agreeing to these additional costs should be carried out on Freemefy Platform. Freemefy advises Experts not to agree to incur costs in advance of receiving the payment for these costs, unless the Expert is confident the Client will reimburse the costs promptly.
6.18 For the proper operation of Freemefy Platform (including insurance, proper pricing and compliance with Policies), the Expert must ensure that, provided the Client provides its prior written consent to the subcontracting of any part of the performance of the Task Contract to a third party, then that third party must also be a registered User of the Freemefy Platform.
6.19 In certain instances, you may be required to furnish identification proof to avail Freemefy Services or to provide Expert Services, and hereby agree to do so. A failure to comply with this request may result in your inability to use Freemefy Services or provide Expert Services.
6.20 If Freemefy determines at its sole discretion that you have breached any obligation under the Terms or that you have breached one or more Task Contracts, it reserves the rights to remove any content, Posted Task Request, Listing, Reviews, Messgaes or Offer you have submitted to the Freemefy Service or cancel or suspend your Account and/or any Task Contracts.
7. User Conduct
7.1 Freemefy prohibits discrimination against Users, including on the basis of race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. Such discrimination includes, but is not limited to, any refusal by Clients to accept Expert Services or by Experts to provide Expert Services to Clients based on any of these characteristics.
7.2 You must, as a Client, treat all Experts with courtesy and respect, and provide them with a safe, clean, and appropriate location to perform the Expert Services. Experts shall be entitled to refuse to perform Expert Services if you fail to provide a safe, clean, and appropriate location for them, or behave towards them in a manner which is discourteous, disrespectful, abusive, or otherwise inappropriate. We reserve the right to withhold access to Freemefy Services and otherwise limit access to Expert Services at our absolute discretion if you behave with any Expert in a manner which is discourteous, disrespectful, or abusive, or which we otherwise deem to be inappropriate or unlawful.
7.3 You agree that you will be liable for discriminating against Experts or for any failure, intentional or otherwise, to provide the Experts a safe, clean, and appropriate location for them to perform Expert Services. Additionally, you will also disclose any and all information to the Expert that may have a bearing on the ability of an Expert to perform the Expert Services or impact the Expert’s health, safety, or well-being.
7.4 As a Client, if you feel that the conduct and behaviour of the Expert is discourteous, disrespectful, abusive or unlawful, you must report the same to Freemefy.
8. Our Intellectual Property
8.1 All rights, titles, and interest in, and to Freemefy Services, including all intellectual property rights arising out of Freemefy Services, are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable, revocable, and limited licence to use Freemefy Services in accordance with these Terms and our written instructions issued from time to time. Any rights not expressly granted herein are reserved by Freemefy or Freemefy’s licensors.
8.2 We may request you to submit suggestions and other feedback, including bug reports, relating to Freemefy Services from time to time (“Feedback”). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback we receive from you without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
8.3 Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in, or licence to, our or any third party’s intellectual property rights.
9. Third Party Services
9.1 The Platform may include services, content, documents, and information owned by, licensed to, or otherwise made available by, a third party (“Third Party Services”) and contain links to Third Party Services. You understand and acknowledge that Third Party Services are the sole responsibility of the third party that created or provided it and that use of such Third Party Services is solely at your own risk.
9.2 We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Should you avail a Third Party Service, you shall be governed and bound by the terms and conditions and privacy policy of the third parties providing the Third Party Services. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
10. Fees and Payment
10.1 Upon creation of a Task Contract, the Client must pay the Agreed Price for the posted Task Request or Listing into the Payment Account.Upon creation of Task Contract, Freemefy has rendered Freemefy Services and Service Fees is due and payable to Freemefy by the Client and Expert.
10.2 Following confirmation by the Client that the posted Task Request or Listing and associated Expert Services thereof have been completed, or if Freemefy is satisfied that the Task Request or Listing and associated Expert Services thereof have been completed, Freemefy will retain Freemefy Service Fee (payable by Client and Expert), other Charges/Fee which Freemefy may decide to levy, applicable tax, and the balance amount will be released to the Expert. (ESCROW)
10.3 On purchase of Packages, Memberships, Subscriptions, Listing Claims, Featured Listing Status, Goods and Services or any other Service provided directly (without Expert) to Client by Freemefy, the consideration along with applicable taxes will be paid directly to Freemefy. You agree that these Services shall be subject to additional Terms and Conditions that will be deemed to be an integral part of these Terms.
10.4 You acknowledge that additional amount may be charged, including without limitation, a Safety Fee, Warranty Fee, Insurance Fee, Service Expert Welfare fee, etc. All applicable Charges and Fees will be shown to you during the time of booking/purchase checkout. We have the right to modify or otherwise restrict the modes of payment available.
10.5 You acknowledge and agree that Charges and Fees applicable in certain geographical areas may increase during times of high demand.
10.6 Subject to the Terms, all Fees payable to Freemefy are non-cancellable and non-refundable.
10.7 If Freemefy introduces a new service on the Platform, the Fees applying to that service will be payable from the launch of that service.
10.8 Freemefy reserves the right to amend any Charges and Fees at any time at its sole discretion. A change in Fees shall not impact any booking/purchase that have been confirmed before the publication of the revised Fees on the Platform.
10.9 We may use a third-party payment processor (“Payment Processor”) to bill you through your selected mode of payment. The processing of payments will be subject to the terms and policies of such Payment Processor in addition to these Terms. We shall not be liable for any error of the Payment Processor. In the event of any unsuccessful payment, the money debited shall be credited in accordance with the terms of the Payment Processor.
11. Refunds and Cancellations
11.1 If the Task Contract is cancelled for any reason (by a Client, an Expert or under these Terms) prior to the commencement of the Task Contract, then if Freemefy is reasonably satisfied that the Agreed Price (and if applicable, the Service Fee) should be returned to the Client then those amounts (as applicable) will be refunded to the Client as Freemefy Credits or to the Clients original payment method and a Cancellation Fee will be due to Freemefy by the User who the cancellation of the Task Contract is attributable to as per these Terms.
11.2 If the Client is responsible for the cancellation of the Task Contract, the Service Fee will be retained by Freemefy.
11.3 If the Expert is responsible for the cancellation of the Task Contract, Freemefy will charge Cancellation Fee to the Expert and the User Account of Expert will be suspended unless the said amount is received. Freemefy may also, in its sole discretion, deduct the Cancellation Fee from the Expert’s next pay-out request (or from multiple pay-out requests, until the Cancellation Fee is fully paid).
11.4 Upon cancellation of Task Contract, the Client or the Expert must contact Freemefy Support by email at [email protected] to obtain the applicable refund.
11.5 Any amount returned by Freemefy to a Client on behalf of an Expert will be a debt owed by the Expert to Freemefy and will be directly charged to the Expert or, in the sole discretion of Freemefy, be offset against any other payments owed at any time to the Expert.
11.6 Any outstanding Cancellation Fee owed by a User will be a debt owed by that User to Freemefy and will be directly charged to the User or, in the sole discretion of Freemefy, be offset against any other payments owed at any time to the User.
11.7 Cancellation of a Task Contract will be attributable to the Expert where:
11.7.1 the Client and the Expert mutually agree to cancel the Task Contract; or
11.7.2 following reasonable but unsuccessful attempts by a Client to contact a Expert to perform the Task Contract, the Task Contract is cancelled by the Client; or
11.7.3 the Expert cancels the Task Contract; or
11.7.4 a Task Contract is cancelled in accordance with these Terms as a result of the Expert’s actions or breach.
11.8 A Cancellation of a Task Contract will be attributable to a Client where:
11.8.1 the Client cancels the Task Contract (other than in accordance with clause 11.7.2); or
11.8.2 a Task Contract is cancelled in accordance with these Terms as a result of the Client’s actions or breach.
11.8.3 a Task has been automatically cancelled in accordance with clause 4.2 of Appendix Model Task Contract terms.
11.9 If the parties agree to any additional cancellation fee payable under the Task Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
11.10 Freemefy may take up to 30 business days to process the refund to the Client’s original payment method (or apply Client Credits).
11.11 If, for any reason, the payment amount cannot be transferred or otherwise made to the Expert or returned to the Expert (as the case may be) or no claim is otherwise made for the said amount, the amount will remain in the Payment Account until paid or otherwise for up to six months from the date the Client initially paid the Agreed Price into the Payment Account. Following the six months period, provided there is still no dispute in respect of the payment amount, the said amount will be refunded to Client through the Client’s original payment method or credited as Freemefy Credits (except any Service Fee, taxes, other Fees and charges which may be due to Freemefy).
11.12 If the Task Contract is cancelled and a User who is party to the Task Contract can show that work under a Task Contract was commenced, then the amount of the Agreed Price to be returned to the Client will be conditional upon the mediation and dispute process. However, the Cancellation Fee will always be due in accordance with clause 11.1.
11.13 Freemefy may suspend a User Account in its sole discretion for Cancellation.
12. Freemefy Credits
12.1 Freemefy may, in its sole discretion, offer promotional codes that may be redeemed for credits, other features or benefits related to Freemefy Services, and/or Expert Services, subject to any additional terms that may apply on a promotional code (“Freemefy Credits”).
12.2 You agree that:
12.2.1 you shall use Freemefy Credits in a lawful manner, and only for the purposes specified by such Freemefy Credits,
12.2.2 you shall not duplicate, sell, or transfer the Freemefy Credits in any manner (including by posting such codes on a public forum) unless you have Freemefy’s express prior consent to do so,
12.2.3 Freemefy Credits may be disabled by Freemefy at any time for any reason without any liability to you,
12.2.4 Freemefy Credits are not valid for cash, and
12.2.5 Freemefy Credits may expire prior to your use.
12.3 Freemefy may, at its sole discretion, provide only certain users with Freemefy Credits that may result in different amounts charged for the same or similar services obtained by other users.
12.4 Freemefy reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Freemefy Credits, by you or any other user, if Freemefy reasonably determines or believes that the use or redemption of the Freemefy Credits was in error, fraudulent, illegal, or in violation of the applicable Freemefy Credit terms or these Terms.
13. Verification
13.1 Freemefy may carry out verification of Users through Third Party Verification Provider. You agree and provide permission to Freemefy to submit the data provided by you to Third Party Verification Provider. Your data will be subject to Terms and Privacy Policy of the Third Party Verification Provider.
13.2 You agree that Freemefy Services in respect of verification of Users may not be fully accurate as they are dependent on the User supplied information and/or information or verification provided by Third Parties.
13.3 You are solely responsible for identity verification and Freemefy accepts no responsibility for any use that is made of Freemefy Service for Identity Verification.
13.4 Freemefy Services for Identity Verification may be modified at any time.
13.5 The Freemefy Platform may also include a User-initiated feedback system to help evaluate Users.
13.6 Freemefy may make a ‘Verified User’ Icon (Green Tick) available to the User which will be displayed on the User Profile along with the verifications carried out by the User. The available Icon can be requested by the User via the Freemefy Platform and verifications thereof arranged on behalf of the User from Third Party Verification Provider. The Icon will be issued by Freemefy for a Fee. Obtaining the Icon may be conditional upon the provision of certain information or documentation by the User and determined by Freemefy or a Third Party Verifier which shall be governed by its Terms.
13.7 You acknowledge that ‘Verified User’ Icon (Green Tick) and verifications thereof are point in time checks and may not be accurate at the time it is displayed. You acknowledge that, to the extent you relied on the ‘Verified User’ Icon (Green Tick) in entering into a Task Contract, you do so are aware of this limitation. You should seek to verify any Verified User’s Icon with the User prior to commencing the Task.
13.8 It remains the Expert’s responsibility to ensure that information or documentation it provides in obtaining a ‘Verified User’ Icon (Green Tick) is true and accurate and must inform Freemefy immediately if the information changes and the Icon is no longer valid.
13.9 Freemefy may, at its discretion, issue ‘Verified User’ Icon to Users for a Fee.
13.10 The issue of a ‘Verified User’ Icon (Green Tick) to a User remains in the control of Freemefy and the display and use of the Icon is licensed to the User for use on the Freemefy Platform only. Any verification obtained as a result of the issue of the Icon may not be used for any other purpose outside of the Freemefy Platform.
13.11 Freemefy retains the discretion and right to not issue, or remove without notice, ‘Verified User’ Icon (Green Tick) if you are in breach of any of the Terms, the Icon has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Freemefy.
13.12 In order to ensure Freemefy can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, Freemefy reserves the right to ask Users to verify themselves in order to remain a User.
14. Expert Levels
14.1 Freemefy may grant levels to Experts based on multidimensional parameters of their conduct and services provided through the Platform. These levels may be displayed on the Platform. Grant of levels to Experts will be at the sole discretion of Freemefy and Freemefy reserves the right to revoke such levels at any time.
15. No Agency
15.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by these Terms. In particular, you have no authority to bind Freemefy, its related entities or affiliates in any way whatsoever. Freemefy confirms that all Third Party Services that may be promoted on the Freemefy Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Freemefy specifically disclaims all liability for any loss or damage incurred by you in any manner due to the performance or non-performance of such Third Party Service.
16. Mediation and Dispute Resolution
16.1 Freemefy encourages you to try and cooperate with the other User to try and make a genuine attempt to resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, you acknowledge and agree that Freemefy may, in its absolute discretion, share your information with other parties involved in the dispute.
16.2 Freemefy may elect to assist Users resolve disputes. Any User may refer a dispute to Freemefy. You must co-operate with any investigation undertaken by Freemefy. Freemefy reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly.
16.3 You may raise your dispute with the other User in an applicable court or tribunal.
16.4 Freemefy has the right to hold any Agreed Price that is the subject of a dispute in the Payment Account, until the dispute has been resolved.
16.5 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.
16.6 If you have a complaint about the Freemefy Service please contact us at [email protected].
16.7 If Freemefy provides information about other Users to you for the purposes of resolving disputes under this clause, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to Freemefy for any costs, losses or liabilities incurred by Freemefy in relation to any claims relating to any other use of information not permitted by these Terms.
17. Terms and Termination
17.1 These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
17.2 We may restrict, deactivate, or terminate your access to, or use of, Freemefy Services, or any portion thereof,
17.2.1 immediately and at any point at our sole discretion,
17.2.1.1 if you violate or breach any of the obligations, responsibilities, or covenants under these Terms,
17.2.1.2 when you cease to become a User of our Services,
17.2.1.3 you do not, or are likely not to qualify under applicable law, or the standards and policies of Freemefy or its affiliates, to access and use Freemefy Services, or
17.2.2 violate or breach the Community Guidelines,
17.2.3 upon 30 (Thirty) days’ prior written notice to you, or
17.2.4 immediately for any legitimate business, legal, or regulatory reason.
17.3 You may terminate these Terms, at any time, for any reason by sending a notice to Freemefy at [email protected].
17.4 Upon termination of these Terms:
17.4.1 the Account will expire;
17.4.2 the Services will “time-out”; and
17.4.3 these Terms shall terminate, except for those clauses that are expressly, or by implication, intended to survive termination or expiry.
18. Disclaimers and Warranties
18.1 No advice or information, whether oral or written, obtained by you from us shall create any warranty that is not expressly stated in the Terms.
18.2 While Freemefy strives to provide accurate information about Expert Services and Charges, pricing errors may occur from time to time and you indemnify Freemefy for the same.
18.3 You agree and acknowledge that we are merely a Platform that connects you as Client with Experts, or you as an Expert with Clients, and we shall not be liable in any manner for any obligations that have not been explicitly stated in these Terms. We are not liable or responsible for fulfilment of any Offers, Bookings, purchase of Listings, for the performance of the Expert Services by any Expert, or for any acts or omissions of the Experts during their provision of the Expert Services, including but not limited to any damage, injury, loss, trauma, or any other aspect that may be caused to you or your property. By Booking, accepting an Offer or purchasing Listings for Expert Services through the Platform, you are entering into a contract with the relevant Service Expert for the provision of those services, and we accept no responsibility or liability, nor do we make any warranty, representation, or guarantee in respect of the Expert’s performance or behaviour under that contract.
18.4 You agree and acknowledge that soliciting or receiving services from any Service Expert independently is solely at your own risk, and in such an event, you waive any rights that you may have under these Terms.
18.5 We do not guarantee or warrant and we make no representation whatsoever regarding the reliability, quality, or suitability of the Service Experts.
18.6 You hereby accept full responsibility for any consequences that may arise from your use of Freemefy Services and Expert Services, and expressly agree and acknowledge that we shall have absolutely no liability in this regard.
18.7 Freemefy will maintain a complaints management framework and will manage this framework on behalf of Users in a reasonable manner and in accordance with the non-excludable requirements of relevant applicable laws.
18.8 To the fullest extent permissible by law, we, our affiliates, and our related parties, each disclaim all liability for any loss or damage arising out of, or due to:
18.8.1 your use of, inability to use, or availability or unavailability of Freemefy Services or the Expert Services;
18.8.2 the occurrence or existence of any defect, interruption, or delays, in the operation or transmission of information to, from, or through Freemefy Services,
18.8.3 communications failure, theft, destruction, or unauthorised access to our records, programmes, services, servers, or other infrastructure relating to Freemefy Services;
18.8.3 the failure of Freemefy Services to remain operational for any period of time; and
18.8.4 the loss of any User Content and any other data in connection with your use of Freemefy Services.
18.9 In no event shall Freemefy, its officers, directors, and employees, shareholders, or its contractors, agents, licensors, partners, or suppliers, be liable to you for any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation, lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, including but not limited to any abuse or breach of data), even if Freemefy or an authorised representative had been advised of the possibility of such damages, arising out of, or relating to:
18.9.1 these Terms;
18.9.2 Freemefy Services or the Expert Services;
18.9.3 your use or inability to use Freemefy Services or the Expert Services; or
18.9.4 any other interactions with another User of Freemefy Services.
18.10 To the maximum extent permitted by law, our liability shall be limited to the amount of commission we receive in respect of a particular booking made on the Platform. In no event shall our total liability to you in connection with these Terms exceed INR 1,000 (Rupees One Thousand only).
18.11 Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
19. Indemnity
19.1 You shall indemnify, defend at our option, and hold us, our parent companies, subsidiaries, affiliates, and our officers, employees, directors, agents, shareholders and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages, and costs (including, without limitation, all damages, liabilities, settlements, and attorneys’ fees), due to or arising out of your access to Freemefy Services or Expert Services, use of Freemefy Services or Expert Services, violation of these Terms, or any violation of these Terms by any third party who may use your Account.
20. Jurisdiction, Governing laws, and Dispute Resolution
20.1 These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this clause, courts in Chandigarh shall have exclusive jurisdiction over all issues arising out of these Terms or the use of Freemefy Services.
20.2 Any controversies, conflicts, disputes, or differences, arising out of these Terms shall be resolved by arbitration in Chandigarh in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 (One) arbitrator appointed by Freemefy. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential, and not disclose to any person, other than on a need to know basis, or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties thereto. Each party to the arbitration shall bear its own costs with respect to any dispute.
21. Grievance Redressal
21.1 You may contact our designated Grievance Redressal Officer with any complaints or queries relating to Freemefy Services or these Terms through registered post or through email, details of which are provided below:
21.1.1 Name: Manpreet Kaur.
21.1.2 Email Address: [email protected]
21.2 We shall ensure that your complaint is resolved within timelines prescribed by applicable laws.
22. Miscellaneous Provisions
22.1 Changes to Terms: The Terms are subject to revisions at any time, as determined by us, and all changes are effective immediately upon being posted on the Platform. It is your responsibility to review these Terms periodically for any updates or changes. You will be deemed to have accepted the changes made to these Terms if you continue to use the Platform once it has been posted.
22.2 Modification to the Services: We reserve the right at any time to add, modify, or discontinue, temporarily or permanently, Freemefy Services (or any part thereof), with or without cause. We shall not be liable for any such addition, modification, suspension, or discontinuation of the Services.
22.3 Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if a part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
22.4 Assignment: You shall not license, sell, transfer, or assign your rights, obligations, or covenants under these Terms, or your Account in any manner without our prior written consent. We may grant or withhold this consent at our sole discretion, subject to any conditions we deem appropriate. We may assign our rights to any of our affiliates, subsidiaries, or parent companies, any successor in interest of any business associated with Freemefy Services, or any third party without any prior notice to you.
22.5 Notices: All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to [email protected].
22.6 Third Party Rights: No third party shall have any rights to enforce any terms contained herein.
22.7 Force Majeure: We shall have no liability to you if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions, or accidents beyond our reasonable control, including without limitation, strikes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, or compliance with any law or governmental order, rule, regulation, or direction.
Appendix A
(Refers to Terms and Conditions of Freemefy)
MODAL TASK CONTRACT
A Task Contract is created in accordance with the Freemefy Terms. Unless otherwise agreed, the Client and the Expert enter into a Task Contract on the terms as given in the following paragraphs.
1. Commencement Date and Term
1.1 The Task Contract is created when the Client accepts the Expert’s Offer on a Posted Task or purchases a Listing to provide Services.
1.2 The Task Contract will continue until terminated in accordance with clause 7 of this Contract.
2. Services
2.1 The Expert will perform Services in a proper and workman like manner.
2.2 The Expert must perform the Services at the time and location agreed.
2.3 The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the Task Contract.
2.4 The parties acknowledge that the Task Contract is one of personal service where the Client selected the Expert to perform the Services. Therefore, the Expert must not subcontract any part of the Services to any third party without the Client’s consent.
2.5 The Expert always remains responsible and liable to the Client for any acts or omissions of a subcontractor as if those acts or omissions had been made by the Expert.
3. Warranties
3.1 Each party warrants that the information provided in the creation of the Task Contract is true and accurate.
3.2 The Expert warrants that they have (and any subcontractor has) the right to work and provide Services and hold all relevant licences in the jurisdiction where the Services are performed.
4. Payment or Cancellation
4.1 Upon the creation of the Task Contract, the Client must pay the Agreed Price into the Payment Account.
4.2 Upon the Services being completed, the Expert will provide notice on the Freemefy Platform.
4.3 The Client will confirm the Services are complete. If the Expert has completed the Services in accordance with clause 2 of this Contract, the Client must use the Freemefy Platform to release the Expert Funds from the Payment Account.
4.4 If the parties agree to cancel the Task Contract, or the Client is unable to contact the Expert to perform the Task Contract, the Expert Funds will be dealt with in accordance with the User’s Freemefy Terms.
4.5 In the event that a Task:
4.5.1 has been assigned for 30 days; and
4.5.2 is inactive for 7 days beyond the due date for that Task (i.e. inactive means where there has been no communication between the parties through the Freemefy Platform or the Task has not been subject to any reschedule request), the Task will be automatically cancelled, and the Task Payment will be returned to the Client, and the Service Fee will be retained by Freemefy as per Terms.
5. Limitation of Liability
5.1 Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the Task Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
5.2 Subject to any insurance or Terms to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.
6. Disputes
6.1 If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).
6.2 If the parties are unable to resolve the dispute in accordance with the clause 6.1, either party may refer the dispute to Freemefy and act in accordance with Freemefy Terms.
7. Termination of Contract
7.1 The Task Contract will terminate when:
7.1.1 the Services are completed and the Agreed Price is released from the Payment Account;
7.1.2 a party is terminated or suspended from the Freemefy Platform, at the election of the other party;
7.1.3 otherwise agreed by the parties; or
7.1.4 notified by Freemefy in accordance with the party’s Freemefy Terms.
8. Application of Policies
8.1 The parties incorporate by reference the applicable Policies.
9. Governing Law
9.1 The Task Contract is governed by the laws of the jurisdiction where the Task Request was posted on the Freemefy Platform.