Last updated on: 12 February 2024

1. PRELIMINARY

1.1  These terms and conditions (“Terms of Use”) along with our Privacy Policy (available here), Community Guidelines (available here), and other policies (“Platform Policies”) available on Privacy policy (our “Platform”) form a legally binding agreement between You (“User” or “You” or “Your”) and Rex Tone Digital Pvt Ltd. (“El Red” or “Company” or “Us” or “We” or “Our”). They apply to Your use of the Platform and for availing any Services from Us. 

1.2 YOU MUST READ, UNDERSTAND, AND AGREE WITH THESE TERMS OF USE CAREFULLY BEFORE ENGAGING OR/AND PARTICIPATING ON THE PLATFORM.

1.3 If You do not agree or understand any part of these Terms of Use, please reach out to feedback@elred.io and refrain from using Our Platform or/and availing Our Services in the meantime.

1.4 We retain an unconditional right to modify or amend these Terms of Use. You can refer to the “Last Updated” header  above to understand when these Terms of Use were amended last. If We make material changes to the Terms of Use, We may notify You and give You an opportunity to review the changes before they become effective for You. Such changes would not be retrospective, and it would be within Your prerogative to close Your User Account if You object to any of the changes incorporated in Our Terms of Use. However, Your continued use of the Services subsequent to Our notification of the changes would mean that You consent to the updated Terms of Service as of their date of inclusion.  

1.5 These Terms of Use do not apply to any browsing, accessing, or transacting by You on any third-party platform that You may access or interact with through the Platform, in connection with the Services or otherwise. You agree that Your access and use of a third-party platform forms a separate and independent relationship which shall be governed by the terms and conditions provided by such third-party, without any liability or obligation towards Us. Mere provision of the interface of the third-party platform onto the Platform does not amount to Us being responsible to You for any actions or inactions vis-à-vis the services offered by such third-party platform to You.

1.6 All terms and expressions when used with capitalized first letter but not defined shall have the meaning ascribed to them in the Annexure.

2. ABOUT THE PLATFORM

2.1  The Platform is built to allow You the opportunity to communicate, network, interact, collaborate and transact with the diverse community of Users registered on the Platform. We are predominantly a technology service provider (a) facilitating transactions in goods and services between 2 (two) or more Users on the Platform, (b) providing Our Users a medium where they can communicate, network, interact, collaborate and exchange ideas whilst connecting with a variety of service professionals; and (c) suggesting potential events where Users can collaborate and network. 

2.2  El Red may introduce other functionalities and features on its Platform, from time to time, which shall be deemed to be covered under these Terms of Use, in addition to any specific terms provided separately.

2.3  Our Services give Users the ability to send messages and share information with other Users in connection with any proposed transaction that such Users want to engage in. We may, at our sole discretion, provide additional support services to the Users such as payment processing, logistics and delivery support to help them transact seamlessly on the Platform. It is hereby clarified that El Red merely introduces the Users to such Service Providers on the Platform and is not actively involved in any aspect of the payment or delivery process that the User may be engaging with.   

2.4  Users remain solely liable and responsible for the effective delivery of goods and services to other transacting Users on the Platform, for aspects including delivery timelines for goods and services, terms of payment, warranties and support services related to the goods and services. At no point would El Red hold any right, title, or interest over any such good or service for which Users are transacting on the Platform. Users on the Platform are not agents, contractors, or partners of El Red or any of Our affiliates, licensors, associates, or group companies. Users do not have the authority to bind or represent El Red vis-à-vis the transactions undertaken by them on the Platform. 

2.5  The Platform merely intends to provide a medium for Users to reach, interact, collaborate and transact with a wider user base. El Red does not control and would not be responsible for any professional service listings/information, messages sent between Users, e-mails sent from outside El Red’s domain, or any other means of electronic communication, whether undertaken through the Platform or via other websites. 

3. ACCESS TO THE PLATFORM

3.1  You may use the Platform and/or our Services if You are competent to contract under Applicable Laws. In the event you are not competent to contract under Applicable Laws, you may only use the Platform under the supervision of a parent or legal guardian.     

3.2  For availing the full extent of our Services, You must duly register with the Platform as a User and have a valid and subsisting User Account (“Registered Users”) in accordance with these Terms of Use.

3.3  Apart from Registered Users, the Platform may also provide a limited extent of its Services to Users who access the Platform to merely (a) view the Needs/Leads/Offers or Profiles of Registered Users (“Non-Registered Users”), or (b) view and reply to the Needs/Leads/Offers posted by Registered Users (“Minimally Registered Users”).   

3.4  We may, at our sole discretion, block Your access to the Platform (or any part thereof), restrict the provision of Our Services to You, or temporarily/permanently delete Your User Account if We find Your conduct and participation to the Platform in violation of these Terms of Use.

4. REGISTRATION PROCESS 

4.1  You can register with Us by agreeing to these Terms of Use and by providing Us with accurate and complete information that We seek at the time of registration, which may, at our sole discretion, include one or all of the following particulars – (a) Your mobile number; (b) first name; (c) last name; and (d) email-ID. You are also asked to choose a username for your El Red account, after which a one-time password (“OTP”) is sent to confirm Your e-mail ID.     

4.2  Upon successful verification of the OTP, Your personal details including gender, date of birth, place of residence, profession, and employer would be required for creating Your User Account. We recognize that these particulars qualify as Your personal data and accordingly assure that they would be collected and processed by Us in strict compliance with Our Privacy Policy, and other Applicable Laws. 

4.3  Once the aforementioned particulars are submitted, You would be able to access Our Services as a User of the Platform. After the completion of the registration process, You will have access to Your User Account which will carry Your display picture, name, bio, profession, city, and other details such as user ratings in relation to Your use of the Platform. In addition, Your User Account will carry other relevant information such as Your ‘Leads’/Offers, ‘Testimonials’, ‘Super Skills’, information about Your past organisations, Your hobbies, and achievements. Some of these information(s) may not be mandatory for Users to provide and You will always have an option to customize Your User Account as per Your preferences. 

4.4  Additionally, El-Red gives You the option to validate Your identity on the Platform by submitting Your government issued identity card to a service provider. If You choose to validate Your identity in this manner, You agree that You will be directly engaging with the service provider and be bound by their terms of use, which are distinct from these Terms of Use. You also acknowledge that Our role is limited to merely connecting You with the service provider, and We do not conduct any identity validation on Our own, through the Platform. However, by choosing to validate Your identity in this manner, You provide Your explicit consent for Us to acquire the relevant validation response from the service provider, on Your behalf.  

4.5  By creating the User Account with Us, You agree that You have read these Terms of Use, all Your information is accurate and complete, and You promise to update this information as necessary.

4.6  You are responsible for the security of Your User Account and any information that You upload or share through Your User Account. Please keep Your login, password, and account details private and confidential and avoid sharing the same with any other person. If You become aware of any unauthorized use of Your User Account, it is Your duty to notify Us immediately and furnish all relevant information that We seek, and You may write to Us at feedback@elred.io in this regard.

4.7  We shall provide You access to the Platform, information provided by other Users, and standard support for the Services, which would be limited to El Red’s role as an intermediary involved in the facilitation of Services to its Users on a principal-to-principal basis. 

4.8  We will be responsible for providing You with accurate and updated information about Our Services. However, please note that We may rely on Our Service Providers to source some information, and obligation for ensuring the accuracy and completeness of such information is imposed on them.

4.9  You become a User of the Platform by registering yourself basis the procedure outlined above. However, non-users may still be able to access and interact with some functionalities of the Platform such as replying to the ‘Needs’ posted by other Users. To avail any of these functionalities, non-users would have to provide the following minimal details – (a) first name; (b) last name (optional); (c) mobile number; and (d) their Instagram and LinkedIn handles (optional). Please note that the terms of this Terms of Use will equivocally apply to such non-users as well to the extent applicable and relevant to them.

5. CREATING A LEAD: INTERACTING WITH THE PLATFORM AS A SELLER

5.1  Background: 

(A) In Our endeavour to allow Users to reach out to the diverse community of Users registered on the Platform, We allow every User to create specific ‘Leads’/Offers outlining the services that can be offered by them. These ‘Leads’/Offers are also made accessible on the User’s respective User Account to allow all other Users to identify and interact with such Users who intend to offer services matching the latter’s specific requirements.  

(B) Whilst creating a Lead/Offer, Users would have to fill in specific particulars comprising (a) the title of the Lead/Offer, (b) a description of the good or service sought to be offered, (c) location from which the relevant good or service is to be offered, (d) selection of tags specific to the service or good, (e) a price range for the service or good, and (f) addition of up to five images relevant to the good or service being offered. All these particulars are crucial since they allow Us to connect the creators of such ‘Leads’/Offers with other Users on Our Platform who may be interested in availing the services or goods outlined therein. 

5.2  Obligations on Users as sellers (creators of Leads/Offers):

(A) The relationship between the Platform and You is strictly limited to the extent it has been delimited in these Terms of Use, and accordingly, You agree and acknowledge that You would be the seller on record for all goods and services sold by You on Our Platform.

(B) The responsibility to comply with the relevant legal compliances including all aspects of a transaction such as purchases, returns, fraudulent transactions, required legal disclosures, and other requirements would be met and complied with solely by You in Your capacity as a seller of such goods and service. You also acknowledge Your sole responsibility for determining, collecting, and remitting all applicable taxes, duties, fees, surcharges, and other additional charges that may accrue from the sale of any good on El Red.

(C) You warrant that (a) the goods and services sold by You on El Red will remain true to their description and would not violate any of the Applicable Laws that regulate the sale and purchase transactions in the concerned goods/services, and (b) You will be responsible for any breach of the Platform Policies or other Applicable Laws by Your affiliates, agents or sub-contractors.  

(D) You agree to undertake all reasonable precautions in the handling of goods for the purpose of their timely delivery and/or returns, and also affirm to ensure that Your affiliates, agents or sub-contractors also employ similar precautionary measures for the timely fulfilment of all orders facilitated via El Red.

(E) You hereby acknowledge that while facilitating the Services under these Terms of Use, You may get access to certain end-customer information and documents that may also qualify as personal data of the concerned User(s). You hereby undertake to not only refrain from tampering, altering or manipulating the information contained in such documents in any form, but also ensure that the details provided in such documents are complete, up-to-date and reflect the buyer’s true and accurate information, if such information is needed to finalize the transaction undertaken on El Red. 

(F) You undertake to ensure compliance with all the Applicable Laws that prescribe specific obligations concerning the sale of some specified goods. For instance, You must (a) not sell cigarettes and tobacco goods on El Red to minors, (b) sell medicines only if You have the requisite license under the Drugs and Cosmetics Act, 1940 and if You comply with the ancillary obligations levied on licensees under the Rules framed thereunder, (c) not sell surgical dressings, sutures and other medical devices in the absence of a registration certificate procured from the designated state licensing authority, (d) refrain from selling beauty and wellness goods of Indian-origin unless they have been manufactured by a licensed manufacturer and packaged as per the Cosmetic Rules, 2020, and (e) not sell/offer to sell goods such as antiques, art treasures, firecrackers and related explosives, food products or agricultural produce in violation of Applicable Laws, etc.  

(G) You must also refrain from undertaking sale and purchase transactions in goods that are expressly barred by the provisions of any Applicable Laws, such as (a) cannabis, opium and other narcotic drugs, (b) e-cigarettes, and (c) weapons such as guns, artillery and hand-grenades etc., or any such goods or service under Applicable Law. 

(H) You shall ensure that (a) the goods sought to be sold by You on the Platform do not infringe upon the intellectual property, trade secret, or any other proprietary or publicity rights of third parties, (b) the ‘Leads’/Offers for the goods do not exaggerate the latter’s attributes to mislead the consumers, and (c) the ‘Leads’/Offers remain true to the actual nature, appearance, quality, and condition of the good(s) sought to be sold via El Red.

(I) You are obligated under Applicable Laws to (a) appoint a grievance officer to address consumer grievances, (b) ensure that the grievance officer acknowledges the receipt of a consumer complaint within 48 (forty-eight) hours and redresses the complaint within 1 (one) month from the date of receipt of the complaint, and (c) share all the relevant particulars with Us concerning Your address, customer care number, price break-up including taxes and other charges levied on the goods/services, details pertaining to the goods/services offered including their country of origin, and other pertinent details concerning delivery, shipment, and terms of exchange and refunds, inter alia.   

(J) You agree and acknowledge that El Red is merely a technology Platform helping You connect with a wider user base and is not a party to the transactions facilitated via the Platform as a buyer or a seller. Accordingly, El Red will not be responsible either to You or any other transacting party with respect to any default, deficiency, delay, fraudulent, or misrepresentative act that is committed by You or Your transacting party with respect to any transaction on the Platform. 

(K) You agree to operate on the Platform in compliance with Applicable Laws, transact with respect to only such goods that are permitted under Applicable Laws, and provide relevant disclosures and information to Your transacting Users based on the nature of good.

5.3  Obligations on Users as providers of professional services: 

(A) Users intending to offer professional services on El Red must undertake to comply with the Applicable Laws that prescribe a code of conduct and other due diligence obligations on the professional service provider, that may include restrictions/prohibitions on: (a) sub-commissioning their work, (b) soliciting and advertising their professional services or clients, (c) accepting gifts and other inducements, (d) accepting a fee based on the percentage of profits, (e) engaging in part-time work without the prior approval from the relevant authorities. Additionally, Users are prohibited from misrepresenting their skills, services or professional achievements to induce or procure prospective clients and offering telemedicine services via text, video, audio or any other functionalities offered on the Platform, etc.

(B) You agree and acknowledge that El Red is merely a technology Platform helping You connect with a wider user base and is not a party to the service transactions facilitated via the Platform as a buyer of a seller. Accordingly, El Red will not be responsible either to You or any other transacting party with respect to any default, deficiency, delay, fraudulent, or misrepresentative act that is committed by You or Your transacting party with respect to any professional service transaction undertaken via the Platform. 

(C) You agree to operate on the Platform in compliance with Applicable Laws, transact with respect to only such services that are permitted under Applicable Laws, and provide relevant disclosures and information to Your transacting Users based on the nature of service.

6. CREATING A NEED: INTERACTING WITH THE PLATFORM AS A BUYER

6.1  Background:

(A) Users will have the option of creating specific ‘Needs’ outlining the goods or services that they are searching for, from other Users on the Platform or on other third-party platforms. To create a Need on the Platform, the respective User have the option to  to highlight the specific good or service that they are looking for, which would be followed by the selection of tags tailored to the Need that is being created. Once created, the specific Need would feature relevant information which may include the date of creation, the User’s name, profession, the name of their employer, etc., which would also be followed by an option to view the User Account and Platform profile of the relevant User. 

(B) We request You to review the services offered by other Users on the Platform either in pursuance of their response to Your Needs or Your response to the Leads/Offers posted by them. You are solely responsible for verifying the authenticity and genuineness of the goods and services that You transact with on the Platform, without any liability or responsibility on Us. 

6.2  Obligations on Users as buyers:

(A) You hereby agree to refrain from providing false, inaccurate, or misleading information in Your reviews and ratings for other Users intending to offer their services on the Platform. We retain the right to monitor such reviews for quality control purposes and in determining whether Users (in their capacity as service professionals) are appropriate and genuine Users of the Platform. We also reserve the right to cancel Your User Account, at Our sole discretion, if We believe that You do not comply with the Terms of Use. 

(B) You acknowledge that soliciting or receiving services from any service professional or seller of goods registered as a User on the Platform is solely at Your own risk, and in case any liability accrues to You in connection with You availing such services, You would be precluded from initiating any action against Us, for recovery of losses or otherwise.  

(C) You agree to refrain from working around, bypassing, or circumventing any of the technical limitations of Our Services, especially when such act(s) are done to process orders outside the Platform. As You would be individually and independently dealing and transacting with the seller of goods and/or services, You would be responsible for ensuring that the seller/service provider does not flout any of the Applicable Laws whilst offering their goods and/or services to You.  

7. PAYMENTS AND REFUNDS

7.1  We may, at our sole discretion, introduce Users with certain payment service providers for enabling payments from 2 (two) or more transacting Users. In the event we enable Users to receive services from a payment service provider, we clarify that we will merely be a facility provider and the same would not render Us liable for non-receipt or non-payment of any funds. Any breach of representations and warranties by the User to another User, or any deficiency in after-sales or warranty services, or fraud, inter alia, pertaining to transactions in goods or services facilitated via Our Platform, are completely the responsibility of the relevant Users undergoing the transaction.

7.2  Your relationship with El Red is on a principal-to-principal basis and You hereby acknowledge vide the acceptance of the Platform Policies that We do not have control over the goods and services listed by Users on the Platform. Further, You specifically authorise the relevant Service Providers to process, facilitate, and remit payments, and the Platform is not to be construed as a banking or financial service, since it merely facilitates automated online electronic payment.  

7.3  We may, at our sole discretion, charge a certain platform fee from the Users for availing the Services on the Platform. Such fee shall solely be for the utilisation of Our technology services on the Platform by a User. The User acknowledges and agrees that payment of a platform fee to El Red does not, in any way, suggest that El Red is providing any good or service on the Platform to the Users. We shall not be liable for defaults, delays, or deficiency by the Service Providers assisting the Users to make payments to one another. 

8. GENERAL USER OBLIGATIONS 

8.1  You agree to abide by the Platform Policies. In the event You do not abide, the Platform may at its sole discretion, take necessary remedial action, which could include termination of Your User Account. You are also solely responsible for maintaining the security and confidentiality of Your User Account and You hereby affirm to notify Us about any unauthorized use, or any other breach of security concerning the same. 

8.2  You agree to provide true, accurate, current, and complete information at the time of registration and at all other times as required by Us. You further agree to update and keep all information You share with Us up-to-date. Passwords must not be revealed to anyone. Further, You are prohibited from using another User’s password or login credentials to access the Platform, and You claim all responsibility for any violation of Applicable Laws or contravention of Platform Policies effected via Your User Account.   

8.3  You allow Us to communicate with You on the particulars provided by You while registering on the Platform, including Your e-mail ID and mobile number, for marketing and other purposes in relation to Your use of Our Services. We would not be liable if any email or other communication remains unread by You because of such communication being delivered to Your junk or spam folder, or if You have blocked Us from sending such communications.

8.4  You affirm to refrain from buying, selling, or transferring any aspect of Your User Account, including attempts to misappropriate the achievements or any other aspect of another User’s User Account. You also undertake to refrain from manipulating the system or gaining access to Our Platform or other User Accounts by hacking or any other unauthorized manner.

8.5  You shall not and You agree not to enable others to modify, arrange, reverse engineer, decrypt, reverse compile, decompile or disassemble Our Services or attempt to derive the source code of Our Services. Further, You agree not to use cheats, exploits, automation, software, bots, hacks, or any unauthorised third-party software designed to modify or interfere with the Platform and/or Our Services.

8.6  You will refrain from (a) publishing any content that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person, (b) organizing contests or any other advertising or pyramid schemes on the Platform, and (c) interfering with another User’s use and enjoyment of the Platform and/or Our Services. 

8.7  Without limiting the foregoing, You agree not to host, upload, modify, store, update, distribute, transmit, publish, share, display, or post any content through the Platform or through any service or facility including any communication feature provided on the Platform which:

• • belongs to another person and to which a User does not have any right;
  • is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering, or otherwise inconsistent with or contrary to the Applicable Laws;
  • is harmful to a child;
  • infringes any patent, trademark, copyright or other intellectual proprietary rights;
  • deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
  • impersonates another person;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
  • contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
  • is otherwise objectionable or undesirable (whether or not unlawful);
  • is aimed at soliciting donations, or other forms of help;
  • disparages Us or any of Our subsidiaries, affiliates, licensors, associates, partners, sponsors, goods, Services, or websites, in any manner;
  • is an illegal activity, including under any Applicable Law;
  • violates any Applicable Law for the time being in force.

8.8  Use of Our Platform and/or Our Services is subject to existing laws and legal processes. Nothing contained in the Platform Policies shall limit Our rights to comply with governmental, court, and law-enforcement requests or requirements relating to Your use of the Platform.

8.9  You shall be responsible for all representations, facts, and opinions You make whether in respect to You, Your relationships, Your affiliates, Your goods/services, Your actions/omissions and/or Your business. You shall assume all financial and legal liability for the quality, reliability, merchantability and/or accuracy of all such representations and You fully understand that the outcome of the Services rendered by Us is contingent on the same.

9. INTELLECTUAL PROPERTY 

9.1  The Platform includes a combination of content created by the Company, its service providers, affiliates, licensors, associates, group companies, and/or You. The intellectual property rights (“Intellectual Property Rights”) in all software underlying our Services and all materials published by Us on the Platform, including but not limited to software, advertisements, written content, photographs, graphics, images, illustrations, logos, audio or video clippings, and marks including the wordmark “El Red” (“El Red Content”), whether registered or unregistered, are owned by the Company, its service providers, affiliates, licensors, associates, and group companies. 

9.2  You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit the El Red Content on the Platform either in whole or in part without Our express written license. However, You may request permission to use any of our Intellectual Property Rights by writing to feedback@elred.io.

9.3  You warrant that You are the legal and undisputed owner of the intellectual property provided by You or uploaded by You on the Platform (“User Content”) and that it does not infringe any third-party rights. Further, You warrant and represent that You not only have the right to share such User Content but have also obtained all necessary consents and approvals before sharing the same and shall hold Us harmless from any third-party claims made against Us for breach of privacy and confidentiality. You would be individually liable for any claim arising out of Your sharing of User Content subsequently found to be misleading, infringing, deceptive, insulting, obscene, defamatory, false, or violative of any of the Applicable Laws or the Platform Policies. 

9.4  You grant to the Company and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish User Content for any of the following purposes: (a) displaying User Content on the Platform, (b) distributing User Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or (c) storing User Content in any form, medium, or technology in a remote database accessible by other Users. As part of this license, You hereby waive any claims arising out of moral rights or any other ancillary rights concerning Your User Content. 

9.5  You may terminate this license by either removing the specific User Content from the Platform or by closing Your El Red account, except to the extent of Your sharing it with other Users and non-users on the Platform whilst making use of the Services offered by Us. We would not be liable for any claims of infringement if the third parties with which the respective User Content was shared subsequently copy, store, or re-share it on the Platform. 

9.6  We do not monitor and review User Content posted on the Platform, except as part of Our limited due diligence obligations as an intermediary. Accordingly, while You may encounter User Content on the Platform that is inaccurate, illegal, offensive, harmful or violative of the Applicable Laws, We would not be responsible for such deficiencies in the User Content. At any time, if it comes to Our notice that any User Content on Our Platform is inaccurate, illegal, offensive, harmful, violative, or infringes the intellectual property rights of a third party, we may take down such User Content in accordance with Applicable Laws. Despite Our steadfast compliance with the obligations imposed on Us under the Applicable Laws, We may not always prevent such misuse of Our Services, and You hereby affirm that We would not be held responsible for any such misuse or any other deficiency vis-à-vis any User Content hosted on El Red. 

9.7  If any User Content includes personal data, its processing by Us would be subject to Our Privacy Policy. We will procure your specific, informed, free, and affirmative consent before sharing Your User Content with third parties outside the Platform. However, We are not obligated to publish any User Content, and also retain the right to remove any User Content that has been uploaded or shared on the Platform in violation of any of the Applicable Laws or Platform Policies, without providing any notice to You. Your engagement with User Content posted by others on the Platform, whilst availing El Red’s Services or otherwise, would be at Your own risk.

9.8  User Content may be accessible by other non-users on the Platform as well, insofar as the limited functionality of responding to Needs is concerned, in addition to viewing Leads/Offers, testimonials, and super skills of the Users. In such instances, We will honour Your choices in terms of who is able to view, access, or interact with Your User Content, subject to Us having incorporated the requisite features on the Platform to address these requests from You. Incidental matters concerning the visibility of Your El Red account and User Content to non-users and other platforms would also be addressed by Us basis the features incorporated in Our Platform’s UI/UX.     

10. DISCLAIMERS

10.1  General: Our Platform and Services are provided on an “as is” and “as available” basis without any warranty to You, including but not limited to merchantability or fitness for a particular purpose. We do not warrant that the Services will be error-free or risk-free and we do not assume responsibility for the accuracy of any information on the Platform. In addition, El Red would not be responsible for the offering, performance, or procurement of services offered by Users on the Platform, and no Content posted on the Platform is to be treated as an endorsement of any such service. Users offering such services warrant that they would ensure compliance with the Applicable Laws and provide their services in accordance with the Platform Policies. 

10.2  Liability for lost business opportunity, spurious goods et al: To the fullest extent permitted by law, El Red along with its affiliates, partners, licensors, associates, and group companies disclaim all liability concerning lost profits or lost business opportunities. Further, owing to Our role as an intermediary that simply facilitates transactions in goods and services among Users on Our Platform, We would not be liable for the fulfilment of any orders or any acts or omissions of service professionals registered on El Red. We also specifically disclaim liability concerning any illegal, infringing, duplicate, counterfeit, expired, or spurious good purchased by the buyer from the seller, notwithstanding anything to the contrary specified by the latter on the Platform.  

10.3  Your compliance with laws: You will be responsible for Your access to the Platform and agree to use Our Platform in accordance with Applicable Laws, including but not limited to laws in relation to intellectual property, advertising, professional service regulations, payment, consumer protection, and information technology, among others. 

10.4  Frauds and cyber-attacks: While We try our best to deploy industry best practices in securing the Platform and Your User Account, instances of fraud, cyberattacks, and counterfeiting are common practice in the digital world. Any such frauds or cyberattacks may result in total loss of Your User Account and We shall not be liable for the same. Except in the case of fraud or intentional wrongdoing on the part of Company, We shall not be liable for User losses on account of any of the foregoing circumstances or compromised account credentials.

10.5  Technological risks: You understand and agree that Your access and use of the Platform is subject to certain risks. The policies, standards, systems, and procedures are regularly reviewed and updated. Our Services rely on the availability of internet and continual operation of Our servers, which include third-party hardware and software, all of which may suffer communication failures, disruptions, errors, distortions, or delays that might affect Your ability to access and use the Services.

11. LIMITATION OF LIABILITY AND INDEMNITY

11.1  You understand and agree that to the extent not prohibited by Applicable Laws, We, Our parent, subsidiaries, affiliates and licensors shall in no event be liable for any incidental, indirect, punitive, special or consequential damages which You may incur, however caused, regardless of the theory of liability (contract, tort or otherwise), including without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, diminution of value or any other intangible loss and even if We have been advised of, or might have anticipated, the possibility of such damages. 

11.2  You agree that to the extent not prohibited by Applicable Laws, Our total, aggregate liability to You for any and all claims arising out of or relating to these Terms of Use or Your access to or use of (or your inability to access or use) any portion of the Platform, whether in contract, tort, strict liability, or any other legal theory, shall be limited to the total cost of the Services rendered and would be capped at a maximum amount of INR 25,000.

11.3  To the fullest extent permitted by Applicable Laws, We disclaim all liability arising out of or in connection with the Platform and/or Services. We shall not be held liable for:

• • Your reliance on any statement, information and/or data made available on the Platform, the Service, and/or any social media platform or blog operated by Us;
  • temporary or permanent User Account suspensions;
  • direct or indirect damage resulting from the use of the Services;
  • interruptions in the Platform or Services, and/or any losses caused by errors, bugs, breaches and/or malfunctions;
  • technologies provided by third parties;
  • a malfunction or cyberattack;
  • the actions of any third party or by a User’s use of the Platform and/or Services;

11.4  You understand and accept the risks inherent in the provision of information on online internet exchanges, and agree that We shall not be liable for any failure of the foregoing technologies and/or breach of the security of the Platform and/or Services, except in relation to any liability that cannot be excluded or limited by Applicable Laws.

11.5  Any content exchanged between Users is neither attributable to Us nor does it represent Our opinion. We cannot be held liable for any third-party and User Content. We disclaim all responsibility for any and all content as well as the nature of such content exchanged between Users on El Red.

11.6  You acknowledge and agree that We have made the Platform available to You and entered into these Terms of Use in reliance upon the representations and warranties, disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between Us and You and form an essential basis of the bargain between Us and You. We would not be able to provide the Platform to you without these limitations.

11.7  You agree to hold harmless and indemnify, to the fullest extent permitted by Applicable Laws, Us and Our parent, subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost and attorneys’ fees arising out of or in any way related to: (a) Your breach of these Terms of Use, (b) Your misuse of the Platform, (c) Your violation of Applicable Laws, rules or regulations in connection with Your access to or use of the Platform, or (d) Your violation of any third-party rights or Your obligations to any third-party. You shall solely be liable if the Service is accessed, installed, displayed, or used in a manner that is inconsistent with these Terms of Use and will indemnify and hold Us harmless from all loss, damage, cost, expense, or liability in connection therewith.

11.8  For the purposes of this clause, “Claim” means any claim, liabilities, damages, awards, judgments, losses, obligations, penalties, fees, expenses (including, without limitation, attorneys’ fees), and demands arising under or in connection with the Users.

12. GRIEVANCE REDRESSAL MECHANISM

12.1  In case You have any complaints or grievance pertaining to (a) any content that You believe violates these Terms of Use (other than violation of intellectual property, which has been specifically addressed in clause 12.3 below), (b) Your access to the Platform, or (c) any User Content which You believe is, prima facie, in the nature of any material which is obscene, defamatory towards the complainant or any person on whose behalf You are making the complaint, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, please share the same with Us by writing to the Grievance Redressal Officer. 

12.2  In Your complaint or grievance, please include Your name, address, contact number and email address and the description of the complaint or grievance with clear identification of the User Content in relation to which such complaint or grievance is made.

12.3  You are requested to send Us a written notice/intimation by writing to the Grievance Redressal Officer if You notice any act of intellectual property infringement on the Platform, which must include Your name address, contact number and email address and the description of the complaint or grievance with clear identification of the content in relation to which such complaint or grievance is made.

12.4  On receiving such complaint, grievance or notice, We reserve the right to investigate and/or take such action as We deem appropriate. We may reach out to You to seek further clarification or assistance with the investigation, or verify the statements made in Your complaint, grievance or notice, and You acknowledge that Your timely assistance with the investigation would facilitate the redressal of the same.

12.5  You may write to the Grievance Redressal Officer at feedback@elred.io.

12.6  The Company reserves the right to replace the Grievance Redressal Officer at its discretion through publication of the name and title of such replacement on the Platform, which replacement shall come into effect immediately upon publication.

13. DISPUTE RESOLUTION 

You hereby agree to attempt to settle any disputes in connection to the Terms of Use through mutual discussion for a period of 30 (thirty) days from the receipt of a notice of the existence of a dispute. The Terms of Use shall in all respects be governed by and construed in all respects in accordance with the laws of India without giving effect to conflict of laws principles and shall be subject to the exclusive jurisdiction of the courts in Mumbai, Maharashtra. 

14. GOVERNING LAW 

These Terms of Use, Your access to and use of the Platform and/or Services shall be governed by and construed and enforced in accordance with the laws of India.

15. MISCELLANEOUS 

15.1  Privacy Policy: All information collected from Users on the Platform is subject to Our Privacy Policy which is hereby incorporated in these Terms of Use by reference.

15.2  Additional Terms of Use: The Company may from time-to-time issue additional terms of use on Your use of the Platform and our Services (“Additional Terms of Use”). These Additional Terms of Use will be available on the Platform and are hereby incorporated in these Terms of Use by reference.

15.3  Force Majeure: The Company is not liable for any failure or delay in its performance under these Terms of Use due to Force Majeure events beyond its reasonable control. In the event of any such delay or failure, the Company will use reasonable efforts to promptly notify You about the Force Majeure event, stating the time-period till which the occurrence is expected to continue. We will resume the performance of Our obligations as soon as reasonably practicable after the cessation of the Force Majeure event.

15.4  Entire Understanding: These Terms of Use contain the complete and integrated understanding between You and the Company and supersedes any prior understanding, agreement, representation, or negotiation. These Terms of Use are intended solely for the benefit of Users and do not confer third-party beneficiary rights upon any other person or entity. 

15.5  Equitable Remedy: Notwithstanding anything to the contrary in these Terms of Use, We may seek and obtain injunctive relief in any court of competent jurisdiction. You agree that these Terms of Use are specifically enforceable by Us through injunctive relief and other equitable remedies without proof of monetary damages.

15.6  Assignment: You will not transfer or assign Your rights or obligations under these Terms of Use, whether in whole or part, by delegation, subcontracting, operation of law, or otherwise, except with Our prior written consent. We shall have the right to sub-contract ancillary matters relating to its Services or/and operation of the Platform for efficient and timely delivery of Services.

15.7  Notices: Notices to You would be sent to Your relevant contact details available with Us. The Platform may also provide notices to You regarding Your use of Our Services or for other matters connected therewith or incidental thereto.

15.8  Severability: If any term, clause, or provision of these Terms of Use is held invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms of Use and will not affect the validity or enforceability of any remaining part of that term, cause, or provision, or any other terms, clause, or provision of these Terms of Use.

15.9  Survival: These Terms of Use incorporated herein by their nature extend beyond their expiration or termination, including, without limitation, sections pertaining to indemnification, use of the Platform, and general provisions, shall survive the termination or expiration of these Terms of Use.

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