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Ground Floor Tower B, Building No 5,
DLF Cyber City , Phase 3,Gurugram,
Haryana,122002
  • India +91 9205268052
  • Email contactus@flexc.work

Terms of Use

These terms of use (this “Agreement” or “Terms of Use”) set forth the standards of use of Encubate Tech Private Ltd. and its affiliates and subsidiaries (referred to herein as “Encubate Tech Private Ltd.”, “the Company”, “we”, “our” or “us”) located at https://www.flexC.work and all of its associated pages, related sub-domains, websites, services and tools or any successor site collectively referred to herein as the “Website”.

The words “You” or “User” as used herein refer to all individuals and/or entities accessing or using the Website for any reason.

By using/browsing the Website, THE USER represents that THE USER has read and agree to be bound by the terms of this Agreement, as well as any other guidelines, privacy policy, rules and additional terms referenced herein, collectively referred to as “Terms of Use”. These Terms of Use set out the legally binding terms with respect to THE USER’s access and use of the Website provision of the Services (as defined below).

Please read these Terms of Use carefully. THE USER’s access to Website and/or THE USER’s use of the Service constitutes THE USER’s acceptance of all the provisions of these Terms of Use. If THE USER is unwilling to be bound by these Terms of Use, do not access the Website and/or use the Services.

  1. Definitions

(i) “Account” means the account successfully registered by the User on the Website by inserting information such as name, registration details (if a juristic person), contact details, user name, password as required to be filled in the webpage during the Registration Process and includes any further changes and additions to the information from time to time.

(ii) “Skill Provider” means any USER who accesses the Website or uses the Services with an intention to secure projects/assignments/jobs.

(iii) “Opportunity-Provider” means any USER, company or any other entity which accesses the Website or uses the Services with an intention to provide projects / assignments / jobs to the eligible Skill Providers in its own organisation or in facilitating Skill Providers to get projects/assignments/jobs in any other organisation for a term as detailed by it.

(iv) “Member” means the USER who has completed the Registration Process successfully as per Clause 6 of this Agreement. The USER may be an individual or an Agency (Agency being defined as a registered company, partnership or a Limited Liability Partnership offering its services through its employees/representatives)

  1. Eligibility.

By checking any acceptance boxes, clicking any acceptance buttons, submitting any text or content or simply by making any use of the Website and accessing/browsing our Website THE USER (i) accepts the Terms of Use that appear below and agrees to be bound by each of its terms, and (ii) represents and warrants to Encubate Tech Private Ltd. that:

(a) THE USER, if, any individual, is at least eighteen (18) years of age, or the required legal age in the USER’s jurisdiction, and has the authority to enter into this Agreement;

(b) this Agreement is binding and enforceable against the USER;

(c) to the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity;

(d) THE USER has read and understand Encubate Tech Private Ltd.’s Privacy Policy, the terms of which are posted at the Website and incorporated herein by reference (the “Privacy Policy”), and agrees to abide by the Privacy Policy.

This Agreement between THE USER and Encubate Tech Private Ltd. shall come into effect on the date on which THE USER uses/browses the Website. If membership or use of this Website is void where prohibited by applicable law, the right to access the Website will be deemed to be revoked in such jurisdictions ab initio.

  1. Services.

3.1 The use of this Website entitles the USER, whether a Skill Provider or an Opportunity Provider, to avail certain services as provided in the following clauses (“Services”) and interpretation of the term “Services” shall be done accordingly depending upon the context.

3.2 If the Skill Providers have completed registration as per Clause 6.1, they shall be entitled to search for a project/assignment/job and view project/assignment/job listings and snapshots of the projects/assignments/jobs.

3.3 If the Opportunity-Providers have completed the registration as per Clause 6.2, they shall be entitled for listing projects/assignments/jobs after the screening, verification and approval of the same.

3.4 The Website reserves the right to change the nature of Services at its sole discretion. Such change may be notified to the User by publishing the same on the Website.

  1. Use of the Website.

4.1 THE USER agrees, undertake and confirm that THE USER of the Website shall be strictly governed by the following binding principles:

(i) THE USER shall not host, display, upload, modify, publish, transmit, update or share any

information or item that:

(a) belongs to another person and to which the USER does not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene & pornographic,

(c) pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

(d) harms minors in any way;

(e) infringes any patent, trademark, copyright or other proprietary rights;

(f) violates any law for the time being in force;

(g) deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(h) impersonates another person;

(i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(j) 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 cognizable offence or prevents investigation of any offence or is insulting any other nation;

(k) shall not be false, inaccurate or misleading;

(l) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

(ii) THE USER enables Encubate Tech Private Ltd. to use the information THE USER supplies us with (“Information”)

so that we are not violating any rights THE USER might have in the USER information, THE USER agrees to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) the USER has in the USER Information, in any media now known or not currently known, with respect to THE USER’s Information. Encubate Tech Private Ltd. will only use THE USER’s Information in accordance with this Agreement and Encubate Tech Private Ltd.’s Privacy Policy.

4.2 As a condition of use, THE USER promises not to use the Service for any purpose that is prohibited by these Terms of Use. THE USER is responsible for all of the activity in connection with the Service. Encubate Tech Private Ltd. has no obligation to monitor the Website, Content, or User Submissions. However, Encubate Tech Private Ltd. reserves the right to:

(i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to THE USER and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Encubate Tech Private Ltd. is concerned that THE USER may have violated these Terms of Use), or for no reason at all;

(ii) to remove, suspend or block any User Submissions from the Website. Encubate Tech Private Ltd. also reserves the right to access, read, preserve, and disclose any information as Encubate Tech Private Ltd. reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Use, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Encubate Tech Private Ltd., its users and the public.

4.3 Users shall not use the Website in order to transmit, distribute, store or destroy material, including without limitation content provided by the Website:

(i) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or

(ii) that harasses or advocates harassment of another person.

4.4 Users shall not use the Website to collect any information about other Users including Members (including usernames and/or email addresses) for any purpose other than to solicit applications for project/assignment/job listings; or modify, adapt, translate, or reverse engineer any portion of the Website and/or Services.

4.5 Users are also prohibited from violating or attempting to violate the security of the Website, including, without limitation the following activities:

(i) accessing data not intended for such User or logging into a server or account which the User is not

authorized to access;

(ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;

(iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (iv) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in Legal action.

  1. Remedies with the Website.

5.1 THE USER understands and agrees that the Website may review any content or project/assignment/job listing and in case the Website finds, in its sole discretion, that the User violates any terms of this Agreement especially Clause 4, the Website reserves the right to take actions to prevent/control such violation including without limitation, removing the offending communication or content from the Website and/or terminating the Membership of such violators and/or blocking their use of the Website and/or Service.

5.2 The Website shall also be entitled to investigate occurrences which may involve such violations and take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.

5.3 In order to ensure a safe and effective experience for all the Users, the Website reserves the right to limit the amount of data (including resume views) that may be accessed by them in any given time period. These limits may be amended in the Website’s sole discretion from time to time.

  1. Registration and Acceptance Process.

6.1 By registering for an account to use the Site or Site Services (an “Account”), by using the Site or Site Services after the Effective Date if the USER had an Account on the Effective Date, or by clicking to accept the ”User Agreement” when prompted on the Site, THE USER agrees to abide by this Agreement.

To access and use certain portions of the Site and the Site Services, THE USER must register for an Account. Subject to the Site Terms of Use, certain portions of the Site are available to Site Visitors, including those portions before THE USER Account registration is accepted. Encubate Tech Private Ltd. reserves the right to decline a registration to join Encubate Tech Private Ltd. or to add an Account of any type, for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.

If THE USER creates an Account as an employee or agent on behalf of an Agency, THE USER  represents and warrants that THE USER is authorized to enter into binding contracts, including the ”User Agreement”, on behalf of the Agency. THE USER’s privacy is important to Encubate Tech Private Ltd. and THE USER’s information will be handled in accordance with our Privacy Policy, which is part of the ”User Agreement”, and applicable law.

6.2 For the purpose of this User Agreement, Account means the account successfully opened by the User on the Website by inserting information such as but not limited to name, contact details, user name and password as required to be filled in the registration process and include any further changes and additions to the information from time to time.

The USER shall not:

(i) create any Account for anyone other than THE USER without such person’s prior written permission;

(ii) use a User Name that is the name of another person with the intent to impersonate that person;

(iii) use a User Name or Account that is subject to any rights of a person other than THE USER without appropriate written authorization; or

(iv) use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

6.3 Encubate Tech Private Ltd. reserves the right to refuse registration of, or cancel a User Name in its sole discretion. THE USER is solely responsible and liable for all activity that occurs on THE USER’s Account and shall be responsible for maintaining the confidentiality of THE USER’s Encubate Tech Private Ltd. User’s Name and password. THE USER shall never use another USER’s account without such other USER’s prior express permission. THE USER will immediately notify Encubate Tech Private Ltd. in writing of any unauthorized use of YOUr Account, or other Account related security breach of which THE USER is aware.

6.4 Any conduct by a User that in Encubate Tech Private Ltd.’s exclusive discretion is in breach of the Terms of Use or which restricts or inhibits any other User from using or enjoying the Services is strictly prohibited. THE USER represents that THE USER is solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to THE USER and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, THE USER agrees not to use or access the Website or Services in any way.

The User to be entitled to avail the Services shall have to complete the registration process (“Registration Process”) as provided below:

6.5 For Skill Providers

The Registration Process may involve a simple registration and/or complete skill profile creation depending on the need of the Skill Provider. After the registration, the Skill Provider needs to fill in the details in the complete skill profile. The Skill Provider understands and agrees that the Website will screen and verify the information provided by the Skill Provider in the complete skill profile and at its sole discretion, increase the amount or number of information for the Registration Process and may ask for further information even after Registration Process. The Website may in its sole discretion, close the Account, if any information provided is found to be false or the information provided is not sufficient. After the screening and verification of the information provided by the Skill Provider, the Website may allow the Skill Provider apply for listings of projects/assignments.

6.6 For Opportunity-Providers:

The Registration Process requires the Opportunity-Provider to provide certain basic information about itself such as company name, name of the authorised person and industry description and accordingly create an Account.

Registration entitles the Opportunity Providers to avail Services as provided in Clause 3.3 of this Agreement. After the registration is completed, the Opportunity-Provider is required to fill listings of projects/assignments any time within the term of this Agreement by providing detailed information as requested in the Account for screening and verification and after such screening and verification,

the Opportunity Provider’s listings of projects/assignments will be listed. The Opportunity-Provider understands and agrees that the Website may screen and verify the information provided by the Opportunity-Provider and at its sole discretion, increase the amount or number of information for the Registration Process and may ask for further information even after Registration Process. Once

the Opportunity Provider has completed the Process Registration Process the USER is assigned a unique id and information such as THE USER’s name, contact details and resume are only shared when THE USER applies for an opportunity or provide consent to be contacted. The Website may in its sole discretion, close the Account, if any information provided is found to be false or the information provided is not sufficient.

Notwithstanding anything contained in clause 6.6 of this Agreement, the Website may at its sole discretion, post the details of the Opportunity Provider, for any of its promotion scheme.

  1. Modification of Terms of Use.

THE USER understand’s and agree that these Terms of Use, the Website and the Services can be modified by the Website at its sole discretion, at any time without prior notice, and shall be immediately effective. The USER agrees to review the Terms of Use periodically so that THE USER is aware of any such modifications and the Website shall not be liable for any loss suffered by THE USER on the USER’s failure to review such modified Terms of Use. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Website or Service implemented after THE USER’s initial access of Website or use of the Service shall be subject to these Terms of Use.

  1. Maintenance.

The Website may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s access to the Website and/or the Services (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Website shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Website shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.

  1. Term and Termination.

9.1 These Terms of Use, with modifications as contemplated, shall remain in full force and effect during the use of the Website for all Users.

9.2 For Members, the Terms of Use shall commence from the start of the Registration Process as per Clause 6 of this Agreement and shall be valid till such time the account is not deleted by such Member from such commencement, unless terminated earlier by Encubate Tech Private Ltd. or the User.

9.3 These Terms of Use, with modifications as contemplated, shall remain in full force and effect during the use of the Website for all Users.

9.4 Encubate Tech Private Ltd. may terminate THE USER’s access to all or any part of the Service, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with the USER’s Account. If THE USER wishes to terminate the Account, the USER may do so by following the instructions on the Website. Any fees paid hereunder are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9.5 Notwithstanding anything contained in the Terms of Use, Clauses 4, 5, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 shall survive any termination or expiration of these Terms of Use.

  1. Grievance Officer.

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are as under:

Name – Girish Kukreja

Email – contactus@Encubate Tech Private Ltd..com

In the event THE USER  wishes to make a complaint regarding any violation of the provisions of these Terms of Use, the USER may send a written complaint to the Grievance Officer, who shall redress the complaint within 30 days

  1. Ownership.

Except for the content submitted by the Members or the Users, any material, content or logos, marks, software on or part of the Website and all aspects thereof, including all copyrights and other intellectual property or proprietary rights therein, is owned by the Company or its licensors. THE USER acknowledge’s that the Website and any underlying technology or software on the Website or used in connection with rendering the Services are proprietary information owned or duly licensed to the Company, except where it is indicated otherwise. THE USER is prohibited to modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, marks, logos, and/or materials available on the Website in whole or in part except as expressly allowed under the Terms of Use.

THE USER has no other express or implied rights to use, in any manner whatsoever, the content, software, marks, logos, and/or materials available on the Website.

  1. Copyright Dispute Policy.

The Website has adopted the following general policy towards copyright infringement. The contact details of the Website’s Grievance Officer to receive notification of claimed infringement is provided in Clause 10. The policy followed by us is as follows:

12.1 Website’s Policy.

(i) It is the Website’s policy to block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of the Website’s advertisers, affiliates, content providers, Members or Users; and remove and discontinue Services to repeat offenders.

(ii) Procedure for reporting purported copyright infringements: If the USER believes that THE USER’s copyrighted material or content is posted, uploaded or made accessible through the Website or Services, please inform the Grievance Officer of such material or content and provide us with the following information (“Bona Fide Infringement Notification”):

(iii) Details of the ownership of the copyright and if applicable, a physical or electronic signature of a person authorised to act on behalf of the owner of the copyright that has been allegedly infringed;

(iv) Details of works or materials that the USER believes are being infringed;

(v) Identification of the material or content on the Website that is claimed to be infringing THE USER’s copyrighted works including information regarding the location of such materials with sufficient detail to enable the Website to find and verify such materials;

(vi) THE USER’s contact information including address, telephone number and, if available, email address;

(vii) A statement by THE USER that the USER has a bona fide belief that the publication or uploading of the copyrighted material has not been authorised by either by (a) the copyright owner; (b) his authorised agent, or (c) the law; and (viii) A statement by the USER setting out either that the USER is the owner of the copyrighted work or has been authorised by the owner to communicate with the Website with regard to the use, publication, uploading of the copyrighted work on the Website.

12.2 Once the Website has received a Bona Fide Infringement Notification, the Website shall have the right to, at its sole discretion, to: (i) remove or disable access to the material claimed to having breached the notifier’s copyrighted works; and (ii) to notify the Content provider, Member or User that it has removed or disabled access to the material.

12.3 Procedure to Supply a Counter-Notice to the Grievance Officer: If the content provider, Member or User believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, Member or User believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, Member or User must send a counter-notice containing the following information to the Grievance Officer listed below:

(i) A physical or electronic signature of the content provider, Member or User;

(ii) Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;

(iii) A statement that the content provider, Member or User has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and

(iv) The provider’s, Member’s or User’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the competent court in Delhi.

12.4 Removal: If a counter-notice is received by the Grievance Officer, the Website may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 (ten) business days. Unless a court of competent jurisdiction gives direction against removal of such material, the removed material may be replaced or access to it restored at any time at the sole discretion of the Website, after receipt of the counternotice.

12.5 It is clarified that the role of the Website is to facilitate consultation between the Skill Provider and the Opportunity-Provider and it shall not take responsibility or be liable for any copyright infringement.

 

  1. No Liability and Contractual Relationships

13.1 If THE USER enter’s into correspondence or engage in commercial transactions with third parties in connection with THE USER’s  use of the Services, such activity would be solely between THE USER and the third party. The Website shall have no liability, obligation or responsibility for any such activity.

13.2. Contractual Relationship between Skill Provider and Opportunity Provider

If an Opportunity Provider and Skill Provider decide to enter into a Service Contract, the Service Contract is a contractual relationship directly between the Opportunity Provider and Skill Provider. Opportunity Provider and Skill Provider have complete discretion both with regard to whether to enter into a Service Contract with each other and with regard to the terms of any Service Contract. The USER acknowledges, agrees, and understands that Encubate Tech Private Ltd. is not a party to any Service Contract, that the formation of a Service Contract between Users will not, under any circumstance, create an employment or other service relationship between Encubate Tech Private Ltd. and any User or a partnership or joint venture between Encubate Tech Private Ltd. and any User.

With respect to any Service Contract, Opportunity Providers and Skill Providers may enter into any written agreements that they deem appropriate (e.g., confidentiality agreements, invention assignment agreements, assignment of rights, etc.) provided that any such agreements do not conflict with, narrow, or expand Encubate Tech Private Ltd.’s rights and obligations under the ”User Agreement”, including this Agreement and the applicable Payment Instructions.

13.3 RELATIONSHIP WITH ENCUBATE TECH PRIVATE LTD.

Encubate Tech Private Ltd. merely makes the Site and Site Services available to enable Skill Providers and Opportunity Providers to find and transact directly with each other. Encubate Tech Private Ltd. does not introduce Skill Providers to Opportunity Providers, find Projects for Skill Providers, or find Skill Providers for Opportunity Providers. Through the Site and Site Services, Skill Providers may be notified of Opportunity Providers that may be seeking the services they offer, and Opportunity Providers may be notified of Skill Providers that may offer the services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any Project, Opportunity Provider or Skill Provider on their own. If Users decide to enter into a Service Contract, the Service Contract is directly between the Users and Encubate Tech Private Ltd. is not a party to that Service Contract.

THE USER acknowledge’s, agree, and understand that Encubate Tech Private Ltd. is not a party to the relationship or any dealings between Opportunity Provider and Skill Provider. Without limitation, Users are solely responsible for: (a) ensuring the accuracy and legality of any User Content; (b) determining the suitability of other Users for a Service Contract (such as any interviews, vetting, background checks, or similar actions); (c) negotiating, agreeing to, and executing any terms or conditions of Service Contracts; (d) performing Skill Provider Services; or (e) paying for Skill Provider Services. The USER further acknowledges, agrees, and understands that the USER is solely responsible for assessing whether to enter into a Service Contract with another User and for verifying any information about another User, including Composite Information (defined below). Encubate Tech Private Ltd. does not make any representations about or guarantee the truth or accuracy of any Skill Provider’s or Opportunity Provider’s listings or other User Content on the Site; does not verify any feedback or information provided by Users about Skill Providers or Opportunity Providers; and does not vet or otherwise perform background checks on Skill Providers or Opportunity Providers. The USER acknowledges, agrees, and understands that Encubate Tech Private Ltd. does not, in any way, supervise, direct, control, or evaluate Skill Providers or their work and is not responsible for any Project, Project terms or Work Product. Encubate Tech Private Ltd. makes no representations about and does not guarantee, and the USER agrees not to hold Encubate Tech Private Ltd. responsible for, the quality, safety, or legality of Skill Provider Services; the qualifications, background, or identities of Users; the ability of Skill Providers to deliver Skill Provider Services; the ability of Opportunity Providers to pay for Skill Provider Services; User Content and statements or posts made by Users; or the ability or willingness of a Opportunity Provider or Skill Provider to actually complete a transaction.

THE USER also acknowledges, agrees, and understands that Skill Providers are solely responsible for determining, and have the sole right to determine, which Projects to accept; the time, place, manner, and means of providing any Skill Provider Services; the type of services they provide; and the price they charge for their services or how that pricing is determined or set. THE USER  further acknowledges, agrees, and understands that: (i) THE USER is not an employee of Encubate Tech Private Ltd., and the USER is not eligible for any of the rights or benefits of employment; (ii) Encubate Tech Private Ltd. will not have any liability or obligations, including under or related to Service Contracts and/or Skill Provider Services for any acts or omissions by the USER or other Users; (iii) Encubate Tech Private Ltd. does not, in any way, supervise, direct, or control any Skill Provider or Skill Provider Services; does not impose quality standards or a deadline for completion of any Skill Provider Services; and does not dictate the performance, methods or process Skill Provider uses to perform services; (iv) Skill Provider is free to determine when and if to perform Skill Provider Services, including the days worked and time periods of work, and Encubate Tech Private Ltd. does not set or have any control over Skill Provider’s pricing, work hours, work schedules, or work location, nor is Encubate Tech Private Ltd. involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Skill Provider for a Project; (v) Skill Provider will be paid at such times and amounts as agreed with a Opportunity Provider in a given Service Contract, and Encubate Tech Private Ltd. does not, in any way, provide or guarantee Skill Provider a regular salary or any minimum, regular payment; (vi) Encubate Tech Private Ltd. does not provide Skill Providers with training or any equipment, labour, tools, or materials related to any Service Contract; (vii) Encubate Tech Private Ltd. does not provide the premises at which Skill Providers will perform the work. Skill Providers are free to use subcontractors or employees to perform Skill Provider Services and may delegate work on fixed-price contracts or by agreeing with their Opportunity Providers to have hourly contracts for Skill Provider’s subcontractor(s) or employee(s); and (viii) Encubate Tech Private Ltd. does not provide shipping services for any physical Work Product. If a Skill Provider uses subcontractors or employees, Skill Provider further agrees and acknowledges that this Section applies to Encubate Tech Private Ltd.’s relationship, if any, with Skill Provider’s subcontractors and employees as well and Skill Provider is solely responsible for Skill Provider’s subcontractors and employees.

Without limiting the foregoing paragraph, if THE USER is an Agency or Agency Member, THE USER expressly acknowledge’s, agrees, and understands that: (1) the Agency is solely responsible for paying its Agency Members for work performed on behalf of the Agency and that such payments will not be made through the Site; (2) Encubate Tech Private Ltd. is not a party to any agreement between the Agency and its Agency Members and does not have any liability or obligations under or related to any such agreement, even if the Agency or Agency Member defaults; (3) neither Agencies nor Agency Members are employees or agents of Encubate Tech Private Ltd.; (4) Encubate Tech Private Ltd. does not, in any way, supervise, direct, or control the Agency or Agency Members; (5) Encubate Tech Private Ltd. does not set Agencies’ or Agency Members’ contract terms amongst themselves or with Opportunity Providers (including determining whether the contract will be hourly or fixed price), fees, pricing, work hours, work schedules, or location of work; (6) Encubate Tech Private Ltd. does not provide Agencies or Agency Members with training or any equipment, labor, tools, or materials needed for any Service Contract; (7) Encubate Tech Private Ltd. does not provide the premises at which the Agency or Agency Members will perform the work; and (8) Encubate Tech Private Ltd. makes no representations as to the reliability, capability, or qualifications of any Agency or Agency Member or the ability or willingness of any Agency to make payments to or fulfil any other obligations to Agency Members, and Encubate Tech Private Ltd. disclaims any and all liability relating thereto.

 

  1. NON-CIRCUMVENTION

Section 14 discusses the USER’s agreement to transact, make and receive payments only through Encubate Tech Private Ltd. for five years from the date the USER first identifies or meets the USER’s Skill Provider or Opportunity Provider on the Site, unless the USER pays a Conversion Fee; violating this Section 14 is a serious breach and THE USER’s Account may be permanently suspended for violations and the USER would be liable to pay a penalty, as detailed below.

14.1 THE USER acknowledges and agrees that a substantial portion of the compensation Encubate Tech Private Ltd. receives for making the Site available to the USER is collected through the Service Fee described on the website, http://www.flexC.work and that in exchange a substantial value to THE USER is the relationships the USER makes with other USER’s when they identify or are identified by another USER through the Site or Site Services. Encubate Tech Private Ltd. receives the Service Fee when a Skill Provider and an Opportunity Provider pay and receive payment through the Site. Therefore, except as set out in Section 14, for 5 years from the start of an Encubate Tech Private Ltd. relationship (the “Non-Circumvention Period”), THE USER agrees to use the Site as he USER’s exclusive method to request, transact, make, and receive all payments for work directly or indirectly with that person or arising out of THE USER’s  relationship with that person and not to circumvent the Payment Methods offered on the Site unless the USER pays a fee to take the relationship off of the Site (the “Conversion Fee”).

14.2 EXIT CLAUSE

THE USER may opt out of the obligations in Section 14.1 with respect to each Encubate Tech Private Ltd. Relationship only if the Skill Provider and/or Opportunity Provider pays Encubate Tech Private Ltd. a Conversion Fee of Rs 25,00,000 INR for each Encubate Tech Private Ltd. relationship

THE USER understands and agrees that if Encubate Tech Private Ltd. determines, in its sole discretion, that THE USER has violated Section 14, Encubate Tech Private Ltd. or its Affiliates may, (x) Send THE USER an invoice for the Conversion Fee (including interest), which THE USER

 agrees to pay within 30 days, and (y) close THE USER’s Account and revoke THE USER’s authorization to use the Site and Site Services, and/or (z) charge THE USER for all losses and costs (including any and all time of Encubate Tech Private Ltd.’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees.

  1. Disclaimer.

15.1 THE WEBSITE IS ON AN “AS IS” BASIS. THE WEBSITE AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE WEBSITE, PROVISION OF SERVICES OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE OR IN ASSOCIATION WITH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WEBSITE AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE WEBSITE AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE. THE WEBSITE IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE WEBSITE. THE WEBSITE DOES NOT WARRANT OR COVENANT THAT THE SERVICES WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND ACCESS TO THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR THE WEBSITE IS ACCESSED AT THE USERS OWN DISCRETION AND RISK AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’s COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE WEBSITE, THE WEBSITE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

15.2 ALL THE CONTENTS OF THIS WEBSITE ARE ONLY FOR GENERAL INFORMATION OR USE. THEY DO NOT CONSTITUTE ADVICE AND SHOULD NOT BE RELIED UPON IN MAKING (OR REFRAINING FROM MAKING) ANY DECISION. ANY SPECIFIC ADVICE OR REPLIES TO QUERIES IN ANY PART OF THE WEBSITE IS/ARE THE PERSONAL OPINION OF SUCH EXPERTS/SKILL PROVIDERS/PERSONS AND ARE NOT SUBSCRIBED TO BY THIS WEBSITE. FURTHER IT SHALL BE THE SOLE RESPONSIBILITY OF THE USERS TO UPDATE INFORMATION AND/OR RESUME AND THE WEBSITE DOES NOT TAKE ANY RESPONSIBILITY OF THE ACCURACY OR VALIDITY OR TRUTH OF THE INFORMATION POSTED ON THE WEBSITE AND THE WEBSITE SHALL NOT BE LIABLE ON THIS ACCOUNT.

15.3 SINCE THE WEBSITE ACTS ONLY AS A PROJECT/ASSSIGNMENT/JOB SEARCHING AND PUBLISHING PORTAL FOR THE USERS, IT SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY ASPECT OF THE ARRANGEMENTS BETWEEN OPPORTUNITY PROVIDER AND THE SKILL PROVIDER AS REGARDS THE TERMS OF PROJECT/ASSSIGNMENT/JOB OFFERED BY THE OPPORTUNITY PROVIDERS. IN NO CIRCUMSTANCES SHALL THE WEBSITE BE LIABLE FOR THE ANY ARRANGEMENTS BETWEEN THE OPPORTUNITY PROVIDER AND THE SKILL PROVIDER.

15.4 IN NO EVENT SHALL THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM:

(A) THE USE OR THE INABILITY TO USE THE SERVICES;

 (B) THE LOSS OF JOB OPPORTUNITY RESULTING FROM ANY INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED, OR ARRANGEMENTS ENTERED INTO THROUGH THE SERVICES;

(C) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER’S TRANSMISSIONS OR DATA;

(D) ANY OTHER MATTER RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR OPPORTNUTIES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE.

15.5 NEITHER SHALL THE WEBSITE BE RESPONSIBLE FOR THE DELAY ORINABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, THE WEBSITE SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE WEBSITE’S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

15.6 THESE LIMITATIONS, DISCLAIMER OF WARRANTIES AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM

(A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

ACTION GIVING RISE TO LIABILITY.

  1. Indemnity.

THE USER agrees to indemnify and hold the Website, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of

  • the USER’s access to the Website
  • the USER’s use of the Services,
  • the USER’s violation of these Terms of Use by THE USER
  • the infringement by THE USER, or any third party using THE USER’s account or User ID or password, of any intellectual property or other right of any person or entity.
  1. Privacy.

Use of the Website and/or the Services is also governed by the Website’s Privacy Policy. We do not sell or rent THE USER’s personal information to third parties for their marketing purposes without THE USER’s explicit consent and we only use THE USER’s information as described in the Privacy Policy. We view protection of users’ privacy as a very important community principle. We understand clearly that THE USER’s personal information is one of our most important assets. THE USER’s Information which is stored and processed by us is protected by physical as well as reasonable technological security measures and procedures. If THE USER object’s to the Privacy Policy in any way please do not use the Website.

  1. Consent.

By using the Service and/or by providing THE USER’s Information, THE USER consents to the collection and use of the Information YOU disclose on the Service by Encubate Tech Private Ltd. in accordance with Encubate Tech Private Ltd.’s Privacy Policy.

  1. Confidentiality.

20.1 For the purpose of this Agreement and attachments thereto and all renewals, “Confidential Information” means all financial, commercial, technical, operational, staff, management and other information, methods developed for analysis, verification and recruitment, data and know-how relating to the Website or to a party (the “Disclosing Party” either the Skill Provider or the Opportunity-Provider) or, which may be supplied to or may otherwise come into the possession of the other (the “Receiving Party”, herein the User), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party to be confidential and is not generally available to the public.

20.2 The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information or any part of it and upon prior permission in writing from the Disclosing Party. The Receiving Party agrees to take all possible precautions with regard to protecting confidential information from any third party.

20.3 Further no use, reproduction, transformation or storage of the Confidential Information shall be made by the User without the prior written permission of the Website, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.

20.4 All information and data submitted by the User shall become the property of the Website and all such information shall be disclosed in accordance with the Terms of Use.

20.5 The User has access to only his own data and information stored in the database at Website (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time.

20.6 All Confidential Information (including name, e-mail address etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. The Website shall not be responsible for misuse of any such information, collected by a third party, or any unsolicited messages from such third parties.

20.7 If the User is an unintended recipient, even if registered as a Skill Provider or Opportunity Provider and is using or accessing the Website to gain Confidential

Information and if such a User has obtained access to the Confidential Information, it shall be a breach of this Agreement. Such unintended recipient shall be under strict obligation to keep the Confidential Information so acquired absolutely confidential.

The Website in such an event, be entitled to inquire and investigate and seek legal remedy against such unintended recipient including to seek temporary and  permanent injunction.

  1. Jurisdiction

21.1 Governing law and Dispute Resolution- This Agreement and Terms of Use shall be governed by and constructed in accordance with the JURIDICION OF INDIAN LAWS only.

  1. Miscellaneous

22.1 Assignability-The Website may assign any of its responsibilities/obligations to any other Person without notice to the User, at its sole discretion. However, THE USER shall not assign, sub-licence or otherwise transfer any of THE USER’s rights under these Terms of Use to any other party, unless a written consent is taken from the Website.

22.2 Severability- If any provision of these Terms of Use is found to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

22.3 Waiver- Failure by the Website to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy.

22.4 Force Majeure- The Website is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

22.5 Interpretation- In this Agreement, unless the context otherwise requires references to recitals, clauses and sub-clauses are to recitals, clauses and sub-clauses of this Agreement; headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of this Agreement; references to the singular number shall include references to the plural number and vice versa; words denoting one gender include all genders; any reference in this Agreement to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of this Agreement; and any reference to a time limit in this Agreement means the time limit set out in the relevant clause or Sub-clause or such other time limit which may be mutually agreed by the parties in writing.

  1. Links to Third Party Sites.

22.1 The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Website and the Website is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Website is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. The Website is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.

22.2 The Website is not responsible for any errors, omissions or representations on any Linked Site. The Website does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

  1. Arbitration.

If any dispute arises between THE USER and Encubate Tech Private Ltd. during the course of business THE USER’s use of our Services or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and a neutral third party identified by Encubate Tech Private Ltd.. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

  1. Controller.

In accordance with the Indian legal regulations the name and contact details of the controller are as under:

Name of Controller – Encubate Tech Private Ltd.  

Email: contactus@flexc.work

In the event the USER has any complaints about the Website, its contents or anything related thereto or if THE USER wishes to make a complaint regarding any violation of the provisions of the Privacy Policy, THE USER may send us a written complaint.

These “Terms of Use” and “Privacy Policy” of the Website constitute a binding agreement between THE USER and the Website, and is accepted by THE USER upon the USER’s use of the Website.

This Agreement was last updated on 05th July 2020