Last Updated: March 23, 2017
The term "We", "us", "Our" shall mean ServSearch. “Service Member” or “Seller” shall mean any natural or legal person who provide services or sell their products through ServSearch. “Service Customer” or “Buyer” shall mean any natural or legal person who availed a service or buy a product from Service Member on ServSearch.
This website is operated by Arusys BV, Netherlands.
Your Account and Registration Obligations
When you use the website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The Website is a platform that users utilize to meet and interact with one another for their transactions. ServSearch is not and cannot be a party to or control in any manner any transaction between the Website's Users.
All commercial/contractual terms are offered by and agreed to between service provider and service buyer alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. ServSearch does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the service provider and service buyer.
2. ServSearch does not make any representation or warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. ServSearch does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. ServSearch accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3. ServSearch is not responsible for any non-performance or breach of any contract entered between buyers and sellers. ServSearch cannot and does not guarantee that the concerned buyers and/or sellers will perform any transaction concluded on the Website. ServSearch shall not and is not required to mediate or resolve any dispute or disagreement between buyers and sellers.
4. ServSearch does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its users. You area advised to independently verify the bona fides of any particular user that you choose to deal with on the Website and use your best judgment in that behalf.
5. ServSearch does not at any point of time during any transaction between buyer and seller on the website come into or take possession of any of the products or services offered by seller nor does it at any point gain title to or have any rights or claims over the products or services offered by seller to buyer.
6. At no time shall ServSearch hold any right, title or interest over the products or services nor shall ServSearch have any obligations or liabilities in respect of such contract entered between buyers and sellers. ServSearch is not responsible for unsatisfactory or delayed performance of services or damages or delays because of service provided by the service provider.
7. The Website is only a platform that can be utilized by users to reach a larger base to buy and sell products or services. ServSearch is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer.
At no time shall ServSearch hold any right, title or interest over the products or services nor shall ServSearch have any obligations or liabilities in respect of such contract.
8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that you transact with.
9. You release and indemnify ServSearch and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, ServSearch cannot take responsibility or control the information provided by other users which is made available on the Website. You may find other user's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there could be risks in dealing with underage persons or people acting under false pretenses.
Membership on the Website is free for all currently. ServSearch does not charge any fee for Service provider for registering their business on the Website. ServSearch reserves the right to change its Fee Policy from time to time. In particular, ServSearch may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event ServSearch reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Euro. You shall be solely responsible for compliance of all applicable laws including those in respective country.
Use of the Website
You agree, undertake and confirm that your use of the website shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which you does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women".
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page).
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone.
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
(p) solicits gambling or engages in any gambling activity which we, in Our sole discretion, believes is or could be construed as being illegal.
(q) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defense, 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 other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the website, by hacking, password "mining" or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the website or any network connected to the website nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information on any other user or visitor to the website, or any other customer, including any account on the website not owned by you, to its source, or exploit the website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms ServSearch, ServSearch.com, or otherwise engage in any conduct or action that might tarnish the image or reputation of ServSearch or service provider or sellers on platform or otherwise tarnish or dilute any ServSearch's trade or service marks, trade name and/or goodwill associated with such trade or service trademarks name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infra-structure of the website or ServSearch's systems or networks, or any systems or networks connected to ServSearch.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
9. You shall at all times ensure full compliance with the applicable provisions local laws
11. From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
13. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
14. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
15. ServSearch shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
You may use information on the products and services purposely made available on the website for downloading, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
ServSearch reserves the right, in its sole discretion, to modify these terms, and any other documents incorporated by reference herein, at any time and without prior notice. ServSearch will notify you of changes by posting on the Servserch Term of Use sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Platform or a message is sent to you, or you are otherwise notified when you are logged into your account. Your use of the Platform after the expiration of the thirty (30) days shall constitute your consent to the changes. If you do not agree, you may not access or use the Platform.
ELIGIBILITY, SERVICE MEMBER REPRESENTATIONS, WARRANTIES, AND USE OF THE PLATFORM
Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible.
By registering or using the Platform to offer, post or provide Pro Services, Service Members represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Pro Services and in relation to the specific job they are performing.
Service Members understand and agree that by creating and maintaining an account on the Platform, they receive only the ability to use the ServSearch Platform to access persons interested in receiving professional services and related tools, including but not limited to the ability to message Customer Members or schedule appointments, that facilitate the provision of Professional Services. Service Members understand and agree that using the Platform does not guarantee that any ServSearch users will engage them for professional services.
Service Members understand and agree that they are customers of ServSearch, and are not ServSearch employees, joint ventures, partners, or agents. Service Members acknowledge that they set or confirm their own prices, provide their own equipment, and determine their own work schedule. ServSearch does not control, and has no right to control, the services, a Service Member provides (including how the Service Member provides such services) if the Service Member is engaged by a Customer Member, except as specifically noted herein.
ServSearch, as permitted by applicable laws, obtains reports based on publicly available information regarding Service Members, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Service Member’s account based on the results of such a check. As a Service Member, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from ServSearch’s vendors.
Force Majeure: Other than payment obligations, neither ServSearch nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or the Pro Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
Contact Information: If you have any questions about these Terms or the Platform, please contact us by sending an email to [email protected]