Following are the user terms and conditions that are to be followed by the user while using www.seekwiser.com (Henceforth referred to as the 'Website') and/or any of its services.
SeekWiser retains the right to change or terminate any or all features or services offered on the Website, User or Expert terms and conditions. SeekWiser advises Users to read the following terms and conditions thoroughly. You Agree by Using This Service That You Are Above 18 Years of Age and Can Legally Enter Into a Legally Binding and Enforceable Contract.
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services.
SeekWiser conducts background checks on Experts in order to make sure that the information supplied by them is correct and up to date however SeekWiser will not be held liable for and makes no representation, warranty or guarantee whatsoever of:
The User agrees to hereby release and hold harmless SeekWiser from any and all causes of action, claims of any nature and damages resulting from the advice of Experts accessed through the Website or from the content of the Website.
Each User at the time of registration will create a personal account with SeekWiser. This account will be used for all further correspondence regarding the sessions. The customer will also get regular email updates on the email address they have registered with. The customer is responsible for, maintaining the security of their account on the Website and its content, and for all activities that occur under the account and any other actions taken in connection with the Website. The customer must not describe or assign content to their account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and SeekWiser may change or remove any data considered inappropriate or unlawful, or otherwise likely to cause SeekWiser liability. The User must immediately notify SeekWiser of any unauthorized uses of their account or any other breaches of security. SeekWiser will not be liable for any acts or omissions by the customer, including any damages of any kind incurred as a result of such acts or omissions
This section contains terms that are in addition to (and not in lieu of) any other terms appearing in this Agreement.
If a User chooses to interact with any medical professional, mental health professional, physician, attorney or any other Expert in a field requiring licensure and/or certification, the User's relationship, as with other Expert, is strictly with the Expert. SeekWiser is not involved in any way with the substance of that relationship or the advice or information given therein, and SeekWiser does not validate the information or advice provided.
The advice or services provided by all such professionals given above and other requiring license and/or certification is provided for career growth, development and informational purposes only and for no other purposes.
The User hereby releases and agrees to hold harmless SeekWiser and its affiliated companies and the directors, officers, employees, agents, successors, Experts, consultants, assigns etc. of any of the foregoing, from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, advice, suggestion, information and/or service of any medical professional, mental health professional, physician, attorney or any other Expert in a field requiring licensure and/or certification, who may have been accessed from the Website.
This section contains terms that are in addition to (and not in lieu of) any other terms appearing in this Agreement.
If a User chooses to interact with any Expert in the Spirituality, Astrology, Lifestyle Section or life coach the customer's relationship (as with all other Experts) is strictly with the Expert. Any opinion, response, advice, suggestion, prediction, information and/or other service provided by any such Expert is provided for career development, growth and information purposes only and SeekWiser does not validate the information or advice provided to you by such an Expert.
The Expert hereby releases and agrees to hold harmless SeekWiser and its affiliated companies and the directors, officers, employees, agents, successors, Experts, consultants, assigns etc. of any of the foregoing, from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, advice, suggestion, information and/or service of any medical professional, mental health professional, physician, attorney or any other Expert in a field requiring licensure and/or certification, who may have been accessed from the Expert website.
The Website and any offline communication to the User or Expert contains copyrighted material, trade secrets and proprietary information owned by SeekWiser. This Agreement does not grant to the User any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Website or any communication whatsoever; or any material or information appearing on the Website or any services offered by SeekWiser. The User may not create any derivative work or technology based upon any trade secret, intellectual property, confidential or proprietary information of SeekWiser. Furthermore, the User may not sublicense, assign, transfer, sell or make any other commercial use of his or her membership in the Website.
The Customer may not adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of SeekWiser, or take any other action that infringes upon or impairs SeekWiser's trademark or other intellectual property rights.
SeekWiser is the sole owner of all intellectual property, and in particular the copyright, trademarks, database and patents, in the Website and in any software, application, graphics, content and other materials used therein, including the organization and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in this Agreement, SeekWiser shall retain all ownership rights in and to all content displayed on the Website or communicated otherwise including copies of data transferred or received by the User through the Website or otherwise through any offline communication. This section shall survive expiration or termination of this Agreement.
SeekWiser makes no warranty whatsoever for any services offered on the Website. The Website is a service that is offered 'as is' and SeekWiser will not be responsible for any error in the services, categorisation of Expert on the website or information provided by the Expert to the User through the website or any other method. The User must exercise caution in deciding to rely on information provided by the Expert. The User's use of the Website for any services offered is at their own risk and SeekWiser will not be responsible or liable for any delay, or interruption in or improper use by User, its employees or its agents of the Website and materials. The customer shall not have any claim against SeekWiser or its affiliates, officers, directors, shareholders, employees, managers, members, agents or contractors with respect to any advice or service provided by an Expert to the User to the fullest extent of the law, SeekWiser expressly disclaims all warranties or any kind, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy. SeekWiser does not make any guarantees or any representation or warranty regarding the timeliness, reliability, accuracy, completeness, correctness, or usefulness of the Website services or the appropriateness, fitness, or suitability of any activities to which the Website services relate.
SeekWiser is not liable to the User for any direct, indirect, incidental, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, compensatory, special, or other intangible losses connected with or resulting from the User agreement or the User's (or its employees or agents) use or misuse of the Website or any of its services. Under no circumstance will SeekWiser's total liability of all kinds arising out of or related to the User's (or its employees or agents) use or misuse of the Website, regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the total amount paid by the customer to the Expert in the past 2 months from the date of claim. The User will be solely responsible for any agreement made with an Expert and SeekWiser shall not be liable for enforcing any such agreement. The User hereby releases SeekWiser and its affiliates, and their respective officers, directors, shareholders, employees, managers, members, agents and contractors from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorney's fees, which the User may have against one or more of the above in connection with any dispute regarding any transaction customer conducted through SeekWiser.
The Customer agrees that while using the services offered on the Website, he or she will abide by the following rules and regulations:
The User shall indemnify, defend and hold harmless SeekWiser and its members, managers, employees, representatives, agents and affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and attorney's fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against SeekWiser or such party, to the extent that such a claim, suit, action or other proceeding is based on or arises from:
The User will pay the fees for the Expert Services offered through the Website as set forth on an Expert's profile page on the Website, plus any applicable taxes. All Fees will be collected by SeekWiser prior to any consultation with an Expert.
The User may be asked to provide customary billing information, such as name, billing address and credit or debit card information, either to SeekWiser or its third party payment processor. The User agrees to pay SeekWiser for any scheduled Expert Services by one of the methods described on the Website. The User hereby authorizes the collection of such amounts by charging the credit or debit card provided as part of requesting the Expert Services, whether charged directly by the Expert or indirectly, via a third party online payment processor or by any other payment method described on the Website.
SeekWiser may change this Agreement or any part thereof at any time according to its absolute discretion and without any prior notice. Therefore, the User is encouraged to check the terms of this Agreement frequently. By using the website after any changes, the User agrees to be bound by such changes to this Agreement.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
Following are the Expert terms and conditions that are to be followed by the Expert while using www.seekwiser.com (Henceforth may be referred to as the 'Website') and/or providing any service through www.seekwiser.com.
As used, a Session is described as an interaction between a User and an Expert; pre-booked by the User on the Website for consultation being offered by such Expert. Said session is undertaken through one of the modes of communication with certain terms and conditions as described below.
SeekWiser retains the right to change or terminate any or all features or services offered on the Website, User or Expert terms and conditions.
YOU AGREE BY USING THIS SERVICE THAT YOU ARE ABOVE 18 YEARS OF AGE AND CAN LEGALLY ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.
By accepting to be an Expert on SeekWiser you agree that you have read, understood and are bound by the Terms, regardless of how you use this platform; if you do not wish to do the same then your only option is to discontinue the use of this Website. This agreement is a contract between the Expert and SeekWiser for the Expert's use of the Website or offering any services through it. SeekWiser conducts no background checks on Users in order to make sure that the information supplied by them is correct and up to date and SeekWiser will not be held liable for and makes no representation, warranty or guarantee whatsoever of:
The Expert agrees to hereby release and hold harmless SeekWiser and all its members & officers from any and all causes of action, claims of any nature and damages resulting from the advice of experts accessed through the Website or from the content of the Website.
It would be the duty of every Expert to:
A price will be allotted to each Expert by the SeekWiser Team which can be increased over time depending on their performance on the platform. The price will depend on various factors described in the Expert registration form.
In the event of the cancellation of a confirmed session by the Expert, it is the duty of the Expert to notify the SeekWiser as soon as possible.
The User will have an option to review and rate an Expert post having a session with them, based on their session experience. The ratings and reviews will be visible to all Users on the Website as a means to help them select the best Expert for their doubts.
Remuneration to the Expert will include pay per minute model based price for sessions delivered minus the SeekWiser Fee, TDS to the government and any discounts due to cancellations. SeekWiser will maintain a monthly tab on this due amount. The amount due to the Expert will be paid on the last working day of each month through a bank transfer.
The Expert should notify SeekWiser if he or she would not be available to reply to users or hold sessions for a considerable amount of time which is a period greater than 15 days. The said Expert would be obliged to hold all pending sessions in the leave duration failing which conditions of cancellation will apply. The Expert profile would accordingly be edited to inform potential customers that the Expert is temporarily unavailable.
The Expert can terminate his or her association with SeekWiser at any point of time, without any notice period. SeekWiser can terminate association with an Expert without any prior notification, notice period and reason. Any dues pending to the Expert (in the form of remuneration or any such amount) will be duly paid within one month of termination. On termination of association, the profile of the Expert will be removed from the Website within 7 working days.
At no point will the Expert's personal information (including contact number, email address and other such information) be revealed by SeekWiser to any third party. Official accounts assigned by SeekWiser shall be used for conducting of sessions and related communications.
SeekWiser and its associated vendors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. SeekWiser does not make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. Usage of the Website is at the Expert's own discretion and risk.
In No Event Shall SeekWiser Be Liable for Any Damage, Claim or Loss Incurred by an Expert, Including Without Limitation Compensatory, Incidental, Direct, Indirect, Special, Consequential or Exemplary Damages, Irrespective of Whether SeekWiser Has Been Informed of, Knew of, or Should Have Known of the Likelihood of Such Damages. This Limitation Applies to All Causes of Action in the Aggregate Including Without Limitation Breach of Contract, Breach of Warranty, Defamation, Negligence, Strict Liability, Misrepresentation, and Other Torts, as Well as Third-party Claims. If the Warranty Exclusions or Limitations of Liability Set Forth in This Use Agreement Are for Any Reason Held Unenforceable or Inapplicable, the Expert Agrees That Our Aggregate Liability Shall Not Exceed INR 5,000.
The Expert will indemnify, defend and hold harmless SeekWiser, and its members, managers, employees, representatives, agents and Affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against SeekWiser or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from:
The Expert shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of SeekWiser. Any purported assignment by the Expert without the appropriate prior written approval of SeekWiser will be null and void and of no force or effect.
SeekWiser grants the Expert a nonexclusive, revocable right to use the Website provided that the Expert does not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement.
The Expert is responsible for, maintaining the security of their account on SeekWiser and its content, and for all activities that occur under the account and any other actions taken in connection with the Website. The Expert must not describe or assign content to their account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and SeekWiser may change or remove any data considered inappropriate or unlawful, or otherwise likely to cause SeekWiser liability. The Expert must immediately notify SeekWiser of any unauthorized uses of their account or any other breaches of security. SeekWiser will not be liable for any acts or omissions by the Expert, including any damages of any kind incurred as a result of such acts or omissions.
The Expert hereby agrees to:
The Expert agrees not to use the site to:
The Expert will not conduct sessions or arrange consultations with customers gained through SeekWiser outside the purview of SeekWiser.
The Expert shall not, without prior written authorization of SeekWiser, disclose to anyone outside SeekWiser or use in other than SeekWiser any information, documentation or materials provided by SeekWiser. Such materials shall be considered confidential and proprietary, including without limitation, these Expert Terms and Conditions and any other information, documentation and materials not generally disclosed by SeekWiser outside the SeekWiser Facility. The Expert shall use information received from SeekWiser only to exercise rights and perform obligations under the Expert Terms and Conditions.
SeekWiser may produce advertising material for publication detailing the SeekWiser Facility and particular Experts. This material may include a particular Expert's full name, location, image(s) and job title/business name in conjunction with SeekWiser marketing materials, including the Website. The Expert hereby permits the use of such information as is reasonably necessary for these purposes and consents to the publication of relevant text and images in SeekWiser’s materials and publicity.
If the Expert fails to comply with the any of the above sections, SeekWiser may terminate the Expert Agreement immediately without prior notice and withhold any payments due to such Expert.
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