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Terms and Conditions for access of information
on Questoutsourcing.com |
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This is a legal and binding agreement between you and Evincesis Info Solutions.,
an Aurangabad based Indian corporation, who are the owners and operators of the
questoutsourcing.com web site.
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TERMS OF USE |
1. Definitions.
"Questoutsourcing.com" is an interactive on-line service operated
by Evincesis Info Solutions. ("Evincesis") on the World Wide Web of the Internet.
"Subscriber" means each person whether individual or a business, who establishes
or accesses a connection ("Account") for access to and use of questoutsourcing.com. |
2. General.
(A) This Agreement sets forth the terms and conditions that apply to use of questoutsourcing.com
by Subscriber. By using questoutsourcing.com (other than to read this Agreement
for the first time), Subscriber agrees to comply with all of the terms and conditions
hereof. The right to use questoutsourcing.com is personal to Subscriber and is not
transferable to any other person or entity. Subscriber is responsible for all use
of Subscriber's Account (under any login name or password) and for ensuring that
all use of Subscriber's Account complies fully with the provisions of this Agreement.
Subscriber shall be responsible for protecting the confidentiality of Subscriber's
password(s), if any.
(B) Evincesis shall have the right at any time to change or discontinue any aspect
or feature of questoutsourcing.com, including, but not limited to, content, hours
of availability, and equipment needed for access or use.
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3. Changed Terms.
Evincesis shall have the right at any time to change or modify
the terms and conditions applicable to Subscriber's use of questoutsourcing.com,
or any part thereof, or to impose new conditions. Such changes, modifications, additions
or deletions shall be effective immediately upon notice thereof, which may be given
by means including, but not limited to, posting on questoutsourcing.com, or by electronic
or conventional mail, or by any other means by which Subscriber obtains notice thereof.
Any use of questoutsourcing.com by Subscriber after such notice shall be deemed
to constitute acceptance by Subscriber of such changes, modifications or additions.
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4. Equipment.
Subscriber shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access to and use of
questoutsourcing.com and all charges related thereto.
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5. Subscriber Conduct.
(A) Subscriber shall use questoutsourcing.com for lawful purposes only. Subscriber
shall not post or transmit through questoutsourcing.com any material which violates
or infringes in any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane
or otherwise objectionable, which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law. Any conduct
by a Subscriber that in Evincesis 's discretion restricts or inhibits any other
Subscriber from using or enjoying questoutsourcing.com will not be permitted. Subscriber
shall not use questoutsourcing.com to solicit other users to become subscribers
of other on-line information services competitive with questoutsourcing.com.
(B) questoutsourcing.com contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software, photos, video, graphics,
music and sound, and the entire contents of questoutsourcing.com are copyrighted
as a collective work under the Indian copyright laws. Evincesis owns a copyright
in the selection, coordination, arrangement and enhancement of such content, as
well as in the content original to it. Subscriber may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any way exploit,
any of the content, in whole or in part. Subscriber may download copyrighted material
for Subscriber's personal use only. Except as otherwise expressly permitted under
copyright law, no copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the express permission
of Evincesis and the copyright owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or deletion of author attribution,
trademark legend or copyright notice shall be made. Subscriber acknowledges that
it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on questoutsourcing.com
any material protected by copyright, trademark or other proprietary right without
the express permission of the owner of the copyright, trademark or other proprietary
right and the burden of determining that any material is not protected by copyright
rests with Subscriber. Subscriber shall be solely liable for any damage resulting
from any infringement of copyrights, proprietary rights, or any other harm resulting
from such a submission. By submitting material to any public area of questoutsourcing.com,
Subscriber automatically grants, or warrants that the owner of such material has
expressly granted Evincesis the royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate and distribute
such material (in whole or in part) worldwide and/or to incorporate it in other
works in any form, media or technology now known or hereafter developed for the
full term of any copyright that may exist in such material. Subscriber also permits
any other Subscriber to access, view, store or reproduce the material for that Subscriber's
personal use. Subscriber hereby grants Evincesis the rights to edit, copy, publish
and distribute any material made available on questoutsourcing.com by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of Evincesis, its
subsidiaries, affiliates and its third party content providers and licensors and
each shall have the right to assert and enforce such provisions directly or on its
own behalf.
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6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF QUESTOUTSOURCING.COM AND DOING ANY TRANSACTIONS
IS AT SUBSCRIBER'S
SOLE RISK. NEITHER EVINCESIS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT QUESTOUTSOURCING.COM
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF QUESTOUTSOURCING.COM,
OR AS TO THE ACCURACY, RELIABILITY
OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH QUESTOUTSOURCING.COM
(B) QUESTOUTSOURCING.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER
THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE
OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT Evincesis IS NOT LIABLE FOR
THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL Evincesis, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING
OR DISTRIBUTING questoutsourcing.com OR THE questoutsourcing.com SOFTWARE, BE LIABLE
FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
questoutsourcing.com SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CONTENT ON questoutsourcing.com
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, Evincesis, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE
OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS
OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN questoutsourcing.com OR FOR
ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS
OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES
SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT
NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. Evincesis, ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR
PROCUREMENT OR SALES DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, Evincesis,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE
THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION AVALIABLE
ON THE WEBSITE. ADDITIONALLY,
THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
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7. Monitoring.
Evincesis shall have the right, but not be under any obligation, to monitor
the content of questoutsourcing.com, including listings of projects and tenders and forums, to determine
compliance with this Agreement and any operating rules established by Evincesis
and to satisfy any law, regulation or authorized government request. Evincesis shall
have the right in its sole discretion to refuse to post or remove any material
submitted to or posted on questoutsourcing.com. Without limiting the foregoing,
Evincesis shall have the right to remove any material that Evincesis, in its sole
discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
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8. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless Evincesis,
its affiliates and their respective directors, officers, employees and agents from
and against all claims and expenses, including attorneys' fees, arising out of the
use of questoutsourcing.com by Subscriber or Subscriber's Account.
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9. Termination.
Either Evincesis or Subscriber may terminate this Agreement at any
time. Without limiting the foregoing, Evincesis shall have the right to immediately
terminate Subscriber's Account in the event of any conduct by Subscriber which Evincesis,
in its sole discretion, considers to be unacceptable, or in the event of any breach
by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6,
8, 10 and this Section 9 shall survive termination of this Agreement.
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10. Trademarks.
All trademarks appearing on questoutsourcing.com are the property
of their respective owners.
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11. Third Party Content.
Evincesis is a distributor of content supplied by third
parties and subscribers.
Accordingly, Evincesis has absolutely no more editorial control over
such content than does a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information or content expressed
or made available by third parties, including information providers, Subscribers
or any other user of questoutsourcing.com, are those of the respective author(s)
or distributor(s) and not of Evincesis nor its management. Neither Evincesis nor any third-party provider
of information guarantees the accuracy, completeness, or usefulness of any content,
nor its merchantability or fitness for any particular purpose including commercial.
(Refer to Section
6 above for the complete provisions governing limitation of liabilities and disclaimers
of warranty.) In many instances, the content available through questoutsourcing.com
represents the opinions and judgments of the respective information provider, Subscriber,
or other user not under contract with Evincesis. Evincesis neither endorses nor
is responsible for the accuracy or reliability of any opinion, advice or statement
made on questoutsourcing.com by anyone other than authorized Evincesis employee
spokespersons while acting in their official capacities. Under no circumstances
will Evincesis be liable for any loss or damage including financial caused by a Subscriber's reliance
on information obtained through questoutsourcing.com. It is the responsibility of subscriber to evaluate the accuracy, completeness or usefulness of any information,
opinion, advice or other content available through questoutsourcing.com
after they get the information from questoutsourcing.com also no claims shall be
entertained with regards to reliablity or authenticity of the information. Please
seek the advice of professionals, and perform additional due diligence, as appropriate,
regarding the evaluation of any specific information, opinion, advice or other content.
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12. Miscellaneous.
This Agreement and any operating rules for questoutsourcing.com
established by Evincesis constitute the entire agreement of the parties with respect
to the subject matter hereof, and supersede all previous written or oral agreements
between the parties with respect to such subject matter. This Agreement shall be
construed in accordance with the laws of India, without regard to its conflict of
laws rules. No waiver by either party of any breach or default hereunder shall be
deemed to be a waiver of any preceding or subsequent breach or default. The section
headings used herein are for convenience only and shall not be given any legal import.
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13. Copyrights and Copyright Agent.
Evincesis respects the rights of all copyright
holders and in this regard, Evincesis has adopted and implemented a policy that
provides for the termination in appropriate circumstances of subscribers and account
holders who infringe the rights of copyright holders. If you believe that your work
has been copied in a way that constitutes copyright infringement, please provide
Evincesis with the following information required by the Online Copyright Infringement
Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ยค 512:
- A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
- Identification of
the copyright work claimed to have been infringed, or, if multiple copyrighted works
at a single online site are covered by a single notification, a representative list
of such works at that site;
- Identification of the material that is claimed to
be infringing or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably sufficient to permit
us to locate the material;
- Information reasonably sufficient to permit us to contact
the complaining party;
- A statement that the complaining party has a good-faith
belief that use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and A statement that the information
in the notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
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Your Relationship with Service Buyers, Advertisers, and Users
Your
correspondence with Service Buyers, advertisers, or users on the Site, including the
development and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
You and such service buyer, advertiser, or user. You agree not to hold Evincesis liable
for any loss or damage including financial and personal of any sort incurred as the result of any such dealings or
as the result of the presence of such service
buyers, advertisers, or users on the Site
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Guard Your Password
You must safeguard the User ID and password You use to access
this Site. You authorize us to assume that any person using the Site with Your User
ID and password is either You or is authorized to act for You.
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Penalties
Without limiting questoutsourcing.com other remedies, We may issue a warning,
temporarily suspend, indefinitely suspend or terminate your membership and refuse
to provide any services to You
(a) if You breach any terms and conditions of this User Agreement or the agreements incorporated herein by reference, including our
written policies and procedures posted on the Site;
(b) if We are unable to verify
or authenticate any information You provide to Us; or
(c) if We believe that your
actions may cause legal liability for You, our users or for questoutsourcing.com.
Once temporarily suspended, indefinitely suspended or terminated, you may not continue
to use the questoutsourcing.com service under the same account, a different account
or reregister under a new account. Violations of this Use Agreement will be prosecuted
to the fullest extent of the law and may result in additional penalties and sanctions.
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Membership Policy
- You should be aboce or 18 years of age.
- The membership rates are decided upon average posting values
- The membership rates are subject to change and the owners of questoutsourcing.com
decision shall be final and binding on members.
- The portal owners and the management hold absolute rights to change / edit (Value
& Type) default currency used for transaction on the portal depending upon the
market value (forex) of the default currency, without prior notice to the members registered
on the portal.
- Once you are registered as a PAID member of the portal, the membership cannot be
cancelled unless any irregularities found by the management and owners of the portal.
Also the management shall look for legal prosecutions and apply for damages if any
harm caused financially and physically to Questoutsourcing.com, Evincesis Info Solutions or any of its employees or property(s).
- The membership charges paid once are NON-REFUNDABLE.
- MEMBERSHIP exclusively means access to project / tender details and information and
project / tender
contact details i.e the details which can help you get more information about the
client or documents viz. Tender Documents, RFP, RFQ, etc required for Bidding of
tender / project. However to verify the reliablity of the information
is the sole due of the person accessing the information, It doesn't gaurantee that you shall be awarded the project / tender,
the sole rights for the awarding the project / tender exclusively rests with the
Service Buyer who has posted the project or the Tendering Authority governing the
process of the Tender published.
- Questoutsourcing shall send email updates to all the members registered on the portal
as service providers on daily basis to inform them about the updates, the frequency
of the emails sent can be more than one emails on a daily basis, which you agree
not to consider as spamming by questoutsourcing.com as the same is being sent as
an service to you which is an automated system generated message. However if you
do not wish to get the updates you can simply unregister yourself from our services
and do not hold us nor charge us for any spamming.
- Trial Membership of seven days entitles you to access projects/tenders posted only in category
opted by you at the time of signup with a cap limit of 25 Projects or tenders,
which can be utlised in a span of seven day or even in one day. trial membership
dosent gives you access to all the leads posted on the portal, should any activity
found by us as against mentioned above we have the right to reject the processing
of order and issue a notice, there after we are liable to suspend all activities
of your desired subscription(s).
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Project Posting Policy
You agree NOT to post any of the following:
- Projects that are fake, posted without the intention to award or complete the
project or posted only to receive pricing information unless specifically mentioned
in the Description of Project.
- Projects that offer commission, equity compensation or request free services,
unless it is mentioned in the Description as Non Profit projects.
- Advertisements or service offers.
- Full time employment or recruitments.
- Projects related to bulk email/"SPAM" including but not limited to bulk email
hosting, scripts, programs, proxies, lists, and relay servers Violation of these
rules may result in suspension of your account. If you are aware of a potential
violation, please Report Violations.
- You shall not ask any UPFRONT MONEY / ADVANCE from Service providers to award them
the projects
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Project / Tender Contact Details Accessing Policy
- Service providers agrees and do understand that they are paying the amount attached
with project / tender description ONLY for accessing
the contact information / documents (if any) of the Buyer of the project(s)/ tender(s) or as a usage charges of the
portal.
- Service providers do agree and understand that once they have the contact details they
have to contact the buyer on their own and to follow-up for winning the project / tender, and do not hold Questoutsourcing.com liable for any loss of information,
viz: Service buyer not answering emails/ phone calls or any such instances where
the service provider directly deals with the service buyer on his own
- You agree and do understand that Buyer is under no obligation to award the project
/ tender to you.
- You agree and understand that all payments made to QUESTOUTSOURCING.COM are non-refundable
if any chargebacks found by QUESTOUTSOURCING.COM from you, Questoutsourcing is liable
to seek damages and may also go for legal actions and suspend your service on immediate effect.
- You shall not hold questoutsourcing.com for any loss of information, nor hold questoutsourcing.com
liable for the accuracy of information.
- You shall not pay any UPFRONT MONEY to service buyer by whatso ever means except
in case of tenders, If you pay any upfront it shall be entierly your responsiblity
and request you to do proper background checks on the service buyer before paying
any such upfronts or deposits. Incase of loss you shall not hold questoutsourcing
or its employees liable for the losses incured
- Access of leads does not gaurantee you that buyer will respond to your requests sent
or will award you the project, Dispite we verifying their status via Phone/Emails/Chat
IM and other mediums.
Jurisdiction
All disputes are subject to Indian jurisdiction
ONLY.
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