Terms of Service

Effective 20 April 2020

Overview

Introduction. These terms and conditions ("Terms", “Terms of Service”, "Agreement") are an agreement between Bandhu Urban Technologies India Pvt. Ltd. ("Bandhu”, “Mobile Application Developer", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the Bandhu mobile application and any of its products or services (collectively, "Mobile Application", “Application” or "Services").

 

Access and Use. By accessing or using these Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to abide by these Terms, you are not authorized to use or access the Application and its Services.

 

Contractual relationship between you and Bandhu. This agreement defines your rights and obligations regarding content and services available through Bandhu, online transactions between users offering services (“Workers”) and obtaining services (“Employers”) through the Application. As these Terms constitute a legal contract between you and Bandhu, it is imperative that you read and review these Terms carefully and completely.

 

Privacy Policy. Bandhu has established a Privacy Policy that explains to users how their information is collected and used. These Terms shall be read along with Bandhu’s Privacy Policy and is hereby incorporated into the Terms set forth herein. Your use of the Services is governed by this Privacy Policy.

Changes. Bandhu reserves the right to make changes to these Terms at any time, for any reason. Any such changes will take effect immediately once the update is posted on this page. When we do, we will post a notification in the Application. Continued use of the Application and its Services after such changes would be possible only if you have accepted the updated Terms. You agree to periodically review the notifications/communications we may make with you related to such changes. In the case of material revisions, we will attempt to, but are not under obligation to, provide at least 15 days’ notice before any such revisions take effect. The definition of a “material change” is determined at our sole discretion.

The Services

Bandhu definition and services. Bandhu is a technology platform which provides a digital marketplace for Users of the Service to arrange and schedule employment, rental housing, transportation and/or related services with independent third-party providers of such services. You acknowledge that Bandhu does not provide employment, housing, transportation and/or related services or function as an employer, landlord, or transportation service and that all such employment, housing, transportation or related services are provided by independent third-party contractors who are not employed by Bandhu or any of its affiliates.

 

License. As a condition of your acceptance of these Terms, Bandhu shall grant, for your personal/ business use, a limited, non-exclusive, non-sub-licensable, non-transferable license to access and use the Services on your personal device and to access any content and information made available through the Services. Any rights not expressly granted to you are reserved to Bandhu and its affiliates.

 

Backups. We perform regular backups of the Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss, we will restore backups automatically to minimize the impact and downtime. Bandhu will not be held liable for any damages and/or loss in business that may arise as a result of any such process.

 

Ownership. You shall not be granted any rights in or related to the Services except for the limited license granted to you in these Terms, or to use or reference any material related to Bandhu and its affiliates, including but not limited to logos, trademarks, or company names. Such material remains the property of Bandhu and its affiliates.

DEFINITIONS

Third-party employment provider: An Employer seeking to use the Bandhu Application to find/source Workers. This may be an individual, group, or business.

 

Third-party services and content: Any services or content hosted by a third-party—not including an independent employment provider as defined above.

 

Third-party services and content. Bandhu may allow certain third-party services and content, including advertising, to be available or accessed through the Application and its Services. Your access to such third-party services and content is subject to the terms of services of the applicable third-party providers. Any links that Bandhu provides to such services and content are accessed at your own risk. Bandhu does not control these services or content and does not claim any endorsement, approval, or affiliation with any such services or content, unless specifically stated in these Terms. Bandhu is not responsible or liable for any of these services or content, and they are not parties to these Terms unless explicitly stated herein.

 

Apple Inc., Google, Inc., or Microsoft Corporation will be a third-party beneficiary to these Terms if you access Bandhu’s Services using Applications developed for Apple iOS, Android, or Microsoft Windows-powered mobile devices, respectively.

 

Your use of the Services

User Account. You must create a password-protected account to access and use the Services. To create an account, you must submit information which may include, but is not limited to, your name, mobile number, and/or email address, as well as supplemental information for password recovery purposes. You must provide true, accurate, current and complete information when creating your account, and are responsible for ensuring that this information is updated at all times. This includes, but is not limited to, your name and any related family name(s), geographic details, mobile number(s), company name(s) and identifying details, photos, and any other information that can be used to authenticate or uniquely identify you as the account owner and user. You are solely responsible for correctly choosing your role, including, but not limited to, Worker or Employer. Providing false information may result in the suspension or termination of your account.  

Account Security. You are solely responsible for safeguarding your password and any third-party passwords at all times. You shall notify Bandhu immediately if there is any breach of security or unauthorized use of your Account; you are solely responsible for any activity occurring on your Account.

User Submitted Content. Any content you publish, display or provide to Bandhu through the Application or transmit to other users is your sole responsibility. Bandhu is not liable for any acts or omissions, including damages. Please refer to Bandhu’s Privacy Policy for more information regarding User Submitted Content.

Restrictions. You may not: remove any copyright or other proprietary notices from any part of the Services; copy, make, or change any derivative works based on Bandhu; copy or distribute any part of the Services without Bandhu’s express written consent; perform any manual or automated operations related to data mining, scraping, mirroring, reverse-engineering, decompiling, or framing any part of the Services, or which limits or impairs the Service’s operation and/or functionality; infringe upon the privacy of other users, present false or misleading information; harass, insult, or otherwise harm another user based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; circumvent Bandhu’s established procedures for Services including, but not limited to, contacting or recruiting users for Services-related purposes outside the Application, using any part of the Service to promote services not offered through Bandhu and/or prohibited services, or giving yourself any undue advantage including undermining feedback or ratings systems; charge or accept fees for Services that are not the exact amounts offered through Bandhu; fail to deliver payment to a User, to Bandhu, and/or any third party entity as obligated at the time of submitting a request, unless the User has materially changed their offerings after finalization of the agreement for the service or you cannot authenticate the user’s identity after reporting the issue to Bandhu and receiving a response; or otherwise misuse or misappropriate Application information or content. This includes, but is not limited to, any options related to the Services that Bandhu may make available now or in the future.

Age Restriction. Bandhu’s Services are only available to persons aged 18 years and older, and who are competent under law to enter into a legally binding and enforceable contract. If you do not meet these requirements, you may not avail our Services. Bandhu has the right to deny access to the Services if we learn that you are accessing the Services but do not meet these requirements, and all liabilities rest on the user who has misrepresented such information or has impersonated another individual. In such a situation, Bandhu is not liable and would consider any contract to be null and void.

Feedback. After the completion of a particular Service, Users will have the opportunity to provide feedback through a ratings and/or comments system. Users of the Service must exercise honest, relevant, and careful feedback when rating another User. Inappropriate feedback includes, but is not limited to: misleading feedback related to any services, content or behaviour, whether positive or negative; threatening a user in any way to influence a rating or any other form of reputation management; or restricting another user from leaving feedback or pursuing a related complaint in any way.

 

Please also read carefully the following role-specific responsibilities.

As a Worker, you are responsible for: accurately representing all information submitted and contained in your Profile; applying to a job with the intention and commitment to follow through with it if accepted and with no malicious or harmful intent to any other User; only applying for those jobs which meet an Employer’s terms as specified; selecting an appropriate Employer, while agreeing that Bandhu cannot guarantee neither the accuracy of this process nor the quality of an employer thereof and the employer’s self-declared credentials and offerings; showing up at the correct meeting point and time, while coordinating directly with the Employer with any questions or concerns, and escalating any concerns with Bandhu if such concerns cannot be resolved in the above described interactions; ensuring correct check-in with the Employer using Bandhu’s supplied authentication methods within the Application, and notifying the employer of any change in arrival time or cancellation; ensuring a stable network connection which may alter the project status or the Worker’s ability to interface over the Services; confirming payment with the Employer upon completion of the work; and rating the Employer while following our feedback guidelines. You may choose to cancel your Service offer at any time prior to the commencement of the Service, with the understanding that your rating may be affected.

As an Employer, you are responsible for: accurately representing all information submitted and contained in your Profile and in a project; not listing any projects whose locations, content, and/or descriptions are fraudulent, misleading, or illegal; reviewing project requirements in the summary page (“Roster” in Application) and making any necessary changes to a project before submission; viewing and, if applicable, customizing an Application-provided group of workers; selecting an appropriate worker, while agreeing that Bandhu cannot guarantee neither the accuracy of this process nor the quality of a Worker thereof and the Worker’s self-declared credentials and offerings; showing up at the correct meeting point and time, while coordinating directly with the Worker with any questions or concerns, and escalating any concerns with Bandhu if such concerns cannot be resolved in the above described interactions; ensuring correct check-in with the Worker using Bandhu’s supplied authentication methods within the Application, and notifying the Worker of any change in arrival time or cancellation; confirming a Worker’s cancellation within the application, while agreeing that Bandhu is free from responsibility should you not confirm the cancellation and/or be short on Worker(s); ensuring a stable network connection which may alter the project status or the Employer’s ability to interface over the Services; confirming payment with the Worker upon completion of the work; and rating the Worker while following our feedback guidelines.

As a Contractor, you are responsible for: sharing the correct referral link to the intended mobile number of a user to be referred/onboarded (“Recruit”), or, if onboarding the Recruit in person: accurately representing and inputting the account information of a user to be referred/onboarded (“Recruit”), while agreeing that Bandhu takes no responsibility for the sharing of this account information or any errors that may occur as a result of incorrect input; confirming with the Recruit that the Recruit’s information is accurate and complete; ensuring that the profile and link to the Application has been shared with the Recruit via SMS. You are additionally responsible for periodically reviewing a Recruit’s performance via information contained in your Profile on the Application, and contacting a Recruit (Worker) via SMS or phone call or in person as necessary to understand/resolve their issues, if the Worker’s rating falls below acceptable minimums. Acceptable minimums may be updated by Bandhu at any time and shall be communicated to the employer through means such as, but not limited to, in-app notifications, SMS, Whatsapp, etc.

Violations. If Bandhu deems you to have violated any of the provisions of these Terms, including the above restrictions and guidelines on appropriate feedback, or that your conduct and/or content related to the Services may damage Bandhu in any way, we may suspend, disable, delete, or remove, limit or modify any part of your account, alter your rating, cancel a posting and/or cause you to forfeit any fees earned. We may also prohibit your re-registration for the Services, including blocking your email address and IP address. You may report any feedback, unwanted experiences, false or misleading presentation, transaction, behavior or any other related violations you become aware of via email at info@bandhu.work.

Messaging. You agree that Bandhu may contact you by telephone, text messages, or any other prevalent means of communication that you have provided in connection with a Bandhu account, for any reason including marketing purposes. You are not required to provide this consent as a condition for using the Service, and you may opt out of such correspondence at any time by notifying us directly at info@bandhu.work. If you do not opt out, all correspondence between you and Bandhu is governed by the details found in our Privacy Policy, available here. Any such correspondence is considered to be confidential and proprietary material for Bandhu, moreover, Bandhu can use the response of the User to improve the Service. Bandhu may contact the User for the proposed feature in the Service which shall not be shared or divulged to any person.

Network access. You are solely responsible for obtaining and maintaining data network access and any compatible hardware or devices required to use the Services, and for allowing any updates as needed. Bandhu cannot and does not guarantee that any part of the Services will function on any particular devices, and is not responsible for any malfunctions and delays occurring as a result of the network or your device. Your network’s data and messaging rates may apply when accessing and using the Services.  

Payment

General. Bandhu reserves the right to initiate, remove, and/or modify the system of charges for Services at any time and in its sole discretion, and without requiring prior notification of the User. You acknowledge that any such action is immediately binding and effective on the User.

Pricing scheme. As between you and Bandhu, Bandhu reserves the right to initiate, remove and/or modify pricing/salary/incentive/offering schemes for any or all Services obtained through the use of the Services at any time in Bandhu’s sole discretion. Bandhu’s platform enables employers to indicate acceptable tranches of salary offerings for a given service and skill level. You acknowledge and agree that pricing schemes applicable in certain geographical areas may vary substantially according to demand and supply scenarios.

Promotional offers and discounts. Bandhu may at times provide certain users with promotional offers and discounts that may result in different salary offerings found through the use of the Services. You acknowledge and agree that such offers and discounts shall not affect your use of the Services, irrespective of them being explicitly made available/unavailable to you.

Please also read carefully the following role-specific pricing terms.

Worker: Currently, the platform is free to post on and use. Salaries offered and published through Bandhu are owed directly to you, the Worker, and you will be responsible for confirming that you have been paid directly, timely, and exactly as per promised terms for the promised nature, risk and duration of work by the Employer. Bandhu’s payment structure is intended to fully and transparently compensate you for the services or goods obtained in connection with your use of the Services. Bandhu does not designate any portion of your compensation as a tip or gratuity, and in order to ensure transparency and fairness to all Users on the platform, you may not request or accept such tips or gratuities.

 

Employer: Currently, the platform is free to post on and use. Salaries offered and published through Bandhu will be owed directly to Workers, and you, the Employer, will be responsible for the direct, timely and exact payment to the Worker. Bandhu’s payment structure is intended to fully and transparently compensate the Worker for the services you obtain in connection with your use of the Services. Bandhu does not designate any portion of your compensation to the Worker as a tip or gratuity to the Worker, and in order to ensure transparency and fairness to all Users on the platform, you may not engage in such practices. The Employer shall maintain and disclose the status of Bandhu being a non-beneficiary platform in the transaction to the Workers at all times.

Contractor: Currently, the platform is free to refer Workers and use. Bandhu currently does not compensate Contractors for their referral of Workers, but reserves the right to do so in the future. Upon activation of such a scheme, Bandhu is under no obligation to back-compensate Contractors for the Workers they have already referred. The commission scheme will be effective only for Workers that have been referred after the activation of the scheme takes effect on the platform, and is at Bandhu’s sole discretion. However, it may so occur that as a promotional offer/ incentive to select users, Bandhu may choose to back-compensate contractors on an ad-hoc lump sum or a commission basis.

Intellectual Property Rights

All intellectual property and proprietary rights (which are not limited to Trademark, Copyright, Design, Patent) that are unregistered, registered or capable of registration, or related to the author of the content made available via the Services, rests solely and exclusively with Bandhu. Any intellectual property used on the Services that has been sourced from a third-party shall continue to be the property of that third-party. Unless indicated otherwise through the Services, all content provided on the Services is our property and is protected by applicable laws regarding intellectual property rights. This includes, but is not limited to, logos, icons, images, video clips, text, and graphics. The assembly of such content on the Application is the exclusive property of Bandhu and shall not be copied or used without Bandhu’s explicit written consent. If Bandhu deems that you have violated this clause, we have the right to terminate your engagement with Bandhu. Any content provided to you within the Application and related Services shall be provided to you for your own personal use, and may not be reproduced, used, and/or transmitted for any other purposes without Bandhu’s explicit written consent. Bandhu reserves all rights not expressly granted in and to the Services.

You agree that any User Content you provide does not violate any intellectual property or proprietary rights belonging to a third-party. Please see our Privacy Policy for more specific information regarding user content.

Disclaimers/Limitation of Liability/Dispute Resolution

You agree that the Application and Services provided by Bandhu are under no warranties of any kind, whether explicit or implicit, to the maximum extent permitted by applicable law. There are no other warranties claimed by these Terms including, but not limited to, non-infringement of intellectual property, implied warranties, or other violation of rights. Bandhu does not claim any guarantees on the accuracy, completeness, currency, uninterrupted access to, security, results, or reliability of using materials provided through our Services, which are provided “as-is.” This disclaimer extends to such materials or any related sites that link to the Services. Any information you obtain through the Services does not provide you with any warranty not explicitly stated in these Terms. Any content you download or access through Bandhu is accessed and downloaded at your own risk; Bandhu and its affiliates are not responsible for any damages and/or loss of data incurred as a result, and Bandhu and its affiliates shall not be responsible for compensating you for such damages and/or loss of data. Bandhu does not claim any guarantee on the accuracy and completeness of third-party website content or link shown or available on the Mobile App. Any use of such third-party website content or link shall be at your own risk.

As previously expressed in these Terms, Bandhu does not claim any warranty on third-party services or content, user generated or otherwise, available through the Services. This includes the services of third-party providers identified in these Terms as Contractors, Employers, and Workers; Bandhu does not assume any responsibility or liability for any aspect or behaviour of such providers.

Dispute Resolution

In the event of a dispute related to feedback, Bandhu will be the final arbiter of such a dispute. Bandhu may remove feedback or take any reasonable action without being held liable in the event of a dispute between registered users. Such reasonable actions include, but are not limited to, altering or removing content deemed by Bandhu to be inappropriate or offensive; restricting the number of messages sent in any format related to the Application and in the use of its Services; and reporting or cooperating with relevant law enforcement agencies in the event of suspected illegal activities. As all Users on the Application are defined in these Terms as independent third-party service providers, Bandhu does not warrant or vouch for the suitability of individuals you may interact with through the Application or outside it. You agree that such interactions are your choice and that Bandhu will not be held liable for any loss or damages incurred as a result, and that Bandhu is under no obligation to become involved in disputes between users as Bandhu is only providing the platform, and is not involved in transactions between the users. Additionally, Bandhu cannot review every posting, and will not be held liable for monitoring and/or removing any postings that a User submits. The user shall take full responsibility for any posting made through their account and shall be held liable if the posting is deemed to be in contravention of any domestic or international law/s.

In the event of a dispute between you and Bandhu, Bandhu may, in its sole discretion, provide a neutral method of resolving the dispute in a timely manner. These methods may include, but are not limited to, mediation, arbitration, or litigation.

Termination

Bandhu may modify, discontinue, limit, remove, suspend, or terminate the Application and/or any part of the Services without notice for any reason, including but not limited to the following conditions: your account is inactive; you breach the Terms of Service, or you request the removal of your account. Bandhu may also block your email or IP address or otherwise remove your access to the Application and/or any part of the Services. Bandhu is not liable to you or to any third-party for such actions. Any ownership provisions, warranty disclaimers, limitations of liability and indemnity conditions which supersede termination will do so and remain in effect.

 

You can cancel your use of the Application and its Services at any time, for any reason, by notifying us at info@bandhu.work. Upon termination of your Account, your Account will be disabled, and you will immediately lose access and licenses to any Bandhu Services and Content. Bandhu will notify you of the termination/cancellation via any valid method of contact you have supplied, including mobile number and/or email address; such termination/cancellation is effective upon delivery of the notice.

 

Residual data may remain in Bandhu’s system, and may be used for internal analysis and archival purposes. Please see the Privacy Policy for more detail regarding account termination and the handling of your data.

 

Indemnity

You agree to indemnify and hold Bandhu and its affiliates, directors, officers, employees, and agents harmless from and immune to any liabilities, losses, damages or costs, including reasonable legal costs/fees that may be incurred in connection to any third-party allegations, claims, actions, disputes, or demands asserted against any of them, as a consequence of or regarding your submitted content, your use of the Application/Services, or any misconduct on your part.

 

Severability

If any part of this agreement is held to be invalid, illegal, or unenforceable under any applicable laws in a court of competent jurisdiction, the remaining portion or provision of these Terms shall be unaffected and remain in full force.

Governing Law

These Terms shall be governed and construed in all respects by the laws of India. Courts in Ahmedabad, Gujarat, India, shall have exclusive jurisdiction over any and all disputes arising from these Terms.

Other Provisions

These Terms constitute the whole of the agreement between you and Bandhu regarding the Application and its Services, unless otherwise specified within these Terms. This document also supersedes all previous written and oral agreements between you and Bandhu, if any, including previous Terms of Service for which these Terms shall be an updated version. If any part of these Terms is held to be unenforceable for any reason, such a provision shall be modified or removed from the Terms to make these Terms modified, legal and enforceable to the maximum extent permissible under applicable laws.

No Agency. Nothing in this Agreement shall be construed as making either Party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither Party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

No Waiver. No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other Party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).

Assignment. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the Parties hereto.

Amendment. 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.

Grievance redressal. If you have any grievances against Bandhu or its affiliates that stem from the terms of these Terms or those contained in our Privacy Policy, you may contact us at info@bandhu.work.

Notices. You agree that Bandhu may provide you with notices, including those regarding changes to the Terms of Use, by either registered/certified mail; hand-delivery; email; notices within the Application; or nationally / internationally recognized courier service, provided receipt acknowledged and sent to the address or means specified by Bandhu.

 

Contact. If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to info@bandhu.work.

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