This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
“Affiliate” means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with Gig4u.
“Client/Customer” means any authorized User utilizing the Site to seek and/or obtain Freelancer Services from another User.
“Deep Fake” means media that is altered in order to replace a person in an existing image or video with someone else’s likeness in a realistic manner without permission or authorization of the person whose likeness is used.
“Freelancer” Means any authorized User which includes service provider or customers who utilizing the Site to advertise and/or provide Freelancer Services or service providers who provide services to Clients/Customers using this Site, including Freelancer Accounts that are Agency Accounts or Agency Members
“Freelancer Services” means any services provided by Freelancers through this website.
“Public Site Services” means, collectively, all services, applications and products that are accessible by any Site Visitor who has not become a User through the Site.
“Site Services” means, collectively, all services (except the Freelancer Services defined above), applications and products that are accessible through the Site, including the Public Site Services.
“User Content” means any comments, remarks, data, feedback, content, text, photographs, images, video, music, or other information that you or any Site Visitor or User post to any part of the Site or provide to Gig4u, including such information that is posted as a result of questions.
REGISTRATION AND ACCEPTANCE
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 you had an Account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms of Service.
Gig4u offers the Site and Site Services for your business and commercial purposes only and not for personal benefit or gain. To register for an Account or use the Site and Site Services, you must, and hereby represent that you:
are an employee or agent of and authorized to act for and bind an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation, limited liability company, or other entity);
will use the Site and Site Services for business purposes only;
will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and the provision of Freelancer Services;
are either a legal entity or an individual who is 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) in each case who can form legally binding contracts.
The website is operated by GIGFLEX PRIVATE LIMITED and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the website, our servicesand you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you access content that is appropriate for you. If you are below this age of consent to use online services, you may not create a Gig4u account. If we discover that you have created an account that violates these rules, we will terminate your account.
To register for an Account to join the Site, you must complete a User profile (“Profile”), which you consent to be shown to other Users and, unless you change your privacy settings, to be shown to the public. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading.
ACCEPTANCE OF TERMS.
Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Site. By using the Site and agreeing to these terms and conditions. Your access to and use of the Site or Services is subject (unless expressly stated otherwise) exclusively to these terms and conditions. You will not use the Site for any purpose that is unlawful or prohibited by these terms and conditions. By using the Site you are fully accepting the terms, conditions and disclaimers contained in these terms and conditions.
MODIFICATION TO 'THE SERVICE'
We reserve the right to Terminate/modify or discontinue, temporarily or permanently, 'The Service' (or any part of 'The Service') with or without notice to the user at any time and from time to time. 'The User' agrees that the Siteshall not be liable to the User or any third-party for any modification or discontinuance of the Service.
REGISTRATION DATA AND ACCOUNT SECURITY.
Need for registration:
Users must register in the Site with their true and correct information including but not limited to Full name, Age, Full address, Services Details, Mobile number, educational details, Email Id, etc. Users will create, maintain and use only one Member account and password on the Site for your use. Users will not create multiple Member accounts and passwords for their use on the Site.
Users can find the specific details regarding your subscription with Gig4u at any time by accessing Gig4u website, The website has provided with some standard plans and it may vary from time to time.
satisfy any applicable law, rule, regulation, legal process, subpoena or governmental request;
enforce the T&C, and/or;
protect the rights, property or safety of Gig4u, its Third Party Providers, the Subscribed Members, its other subscribed members, its Users and/or the public.
You agree to pay all fees through Gig4u only. As of today, Gig4u is having 3 methods of payments, the first one is project-based payment. In project mode the entire project value will be charged and kept in escrow wallet and the payment is released at one go as and the service provider sends a completion instruction which is duly accepted by the Client/ Customer and when it is accepted Castler releases the payment. The Second type of payment has been decided on the basis of Milestone. In Milestone the payment has been released on instalment basis, there are few types of milestones templates like 20:80, 80:20, 50:50, 50:30 etc., In this method it has been decided upon the condition which both the parties have accepted. On Milestone Service Provider sends all milestones that the Client/Customer has agreed to accept in advance, after which all milestones are transferred to Gig4u escrow wallet and released as Service Provider completes the milestone. The third type of payment is task based payment On a task-based basis, the service provider needs to claim in advance and then the Customer/Client will pay, which will be stored in Gig4u secure escrow wallet and the payment has been released once the service provider will complete their work.
If the payment is received in Escrow account from Client, in that case when Gig4u receives the approval, Gig4u transfer the payment to the Freelancer account after exclusion of Gig4u’s commission. Service providers Invoices are Generated and sent to Client when the project is approved and at the same time Gig4u Invoices also raised to Service Provider and the Client for their share of commission. When a client pays a Freelancer for a Project or when funds related to a Project are otherwise released to a Freelancer as required by the applicable Escrow Instructions, Gig4u Escrow will credit the Freelancer Escrow Account for the full amount paid or released by the Client, and then subtract and disburse to Gig4u the Service Fee.
ADDITIONAL PAYMENT TERMS
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered by you.Gig4u may revise the pricing for the goods and services it licenses to you through the Services at any time. While using the Debit or Credit card to make payments, the additional process charges or API using charges etc., would be separate and that would be entirely bare by the Client/Customer.
Gig4u offers solutions in two categories:
Platform Solution: Gig4u acts as an agent between Service Provider/Freelancer and Client/Customer. As a custodian, it participates in maintenance of Tri-Party Escrow Account comprising of Gig4u, Customer/Client and Service Provider/Freelancer. The basic services under this solution are provided by Service Provider to Customers directly and Gig4u charges its commission for providing interface and securing payments through participating in Escrow Account.
Under Platform Solution, following services are offered:
Project based: Invoices by Service Provider and Gig4u is generated upon completion of Given Project
Milestone based: Invoices / Payments are released in Instalment based upon completion/development of Project
Task based: Invoices / Payments are released based on efforts put in like hours involved
Enterprise Solution: Gig4u undertakes the contract from its Client/Customer to get any assignment completed through engagement of Service Provider. The Service Provider/Freelancer provides services to Gig4u and Gig4u provides consolidated services to Customer/Client. In other words, the Service Provider/Freelancer does not provide services directly to Customer/Client.
Under Enterprise Solution, following services are offered:
Completed Contract Project: Invoices by Gig4u shall be issued upon completion of Task. Progress payments shall be received by Gig4u depending upon efforts engaged as advance
Proportionate Progress Project: Invoices by Gig4u shall be issued as and when part of assignment is completed. Progress payments shall be received by gig4u depending upon efforts engaged as advance or consideration against Invoices raised.
The Service may invite you to open chat or participate in blogs, share your experience, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Gig4u and/or to or via the Service, including, without limitation, text, writings, comments, suggestions or personally identifiable information or other material (collectively "User Content"). Any material you transmit to Gig4u will be treated as non-confidential and non-proprietary.
You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms without Gig4u incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
You grant to Gig4u the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
Gig4u has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but Gig4u does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
Gig4u has no obligation to accept, display, review, monitor, or maintain any User Content. We have the right to delete User Content from the Service without notice for any reason at any time. Gig4u may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that Gig4u reserves the right to treat User Content as content stored at the direction of users for which Gig4u will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to Gig4u's attention.
You acknowledge that you do not rely on Gig4u to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
RULES ABOUT USE OF OUR SERVICES:
Gig4u will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that our services will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at our Customer care no_+918048766777__.
By using this Site services User hereby granting full permission to us to use any photographs, motion pictures, text, video tapes recordings or any other record of users chat box or any other related activities for any purpose including, without limitation, commercial use.
Create user accounts by automated means or under false pretences or mislead others as to the origins of your communications.
We do not warrant that your use of the Services or the Sitewill be uninterrupted. Notwithstanding that we will try to allow uninterrupted access to the Services and the Site, access to the Services and the Sitemay be suspended, restricted or terminated at any time.
We do not give any warranty that the Services and the Siteare free from viruses or anything else which may have a harmful effect on any technology.
We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Sitefrom time to time. Your access to the Siteand/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or services from the Siteat any time.
You may not make any commercial use of any of the information provided on the Siteor make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. Subject to the terms and conditions of this Agreement, our Sitehereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, or otherwise exploit this Site content or any portion of it unless expressly permitted by us in writing.
You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. Our Site reserves the right to refuse service, terminate accounts in its discretion, including without limitation, if we believe that user conduct violates applicable law or is harmful to Site interests or customer stores data which is illegal by law on the server.
It is Agreed by both the parties that they will not work outside the Gig4u platform for any business gain, and if it parties infringe this clause in that case Gig4u will terminate the parties account immediately and take a legal action, unless it is a service provider introduces a customer using our Introduce customer use platform or vice versa when customer gets their service providers to use the platform.
You shall not upload, distribute, or otherwise publish through this Site any of the Content, video, information, or other material that –
Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Indian law;
includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties;
criminal or tortuous activity, including pornography, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
Using any information obtained from the Website or appin order to harass, abuse, or harm another person;
Obstruct or hinder the use and enjoyment of "The Service" by other Users;
Intentionally or unintentionally violate any applicable local, state, national, and international laws and regulations;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Interfere with or disrupt the Service or servers or networks connected to the Service, or challenge any requirements, regulations or guidelines of networks connected to "The Service";
Transmit or otherwise make available any material in connection with surveys, chain letters, junk email, spamming, contests, pyramid schemes, or any duplicative or unsolicited messages (commercial or otherwise);
Upload, post, email, transmit or otherwise make available any content that is unlawful, damaging, intimidating, hostile, offensive, harassing, defamatory, improper, obscene, vulgar, invasive of another's privacy, caste related, ethnically or otherwise objectionable;
Upload, post, email, transmit or otherwise make available any content protected by any patent, trademark, copyright or other intellectual proprietary laws unless you own or control the rights thereto or have received all necessary consents to do the same;
Upload files that contain viruses, worms, corrupted files or any other similar software or programs designed to disrupt, damage or limit the operation of any computer or telecommunications equipment or property of another;
"Stalk" or otherwise harass other users; collect or store personal data about other users;
Advertise, Promote or offer to sell or buy any goods or services for any business purpose unless the service specifically allows such messages or transactions;
Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion, use or access of the Service;
harm minors in any way;
upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software.
disguise the source of your User Content or other information you submit to the Service or use tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service.
disguise the source of your User Content or other information you submit to the Service or use tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service.
interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Collaborative Content or the User Content.
IT ACT, 2000 COMPLIANCE
Under Rule 3 of Rules made under IT Act, 2000 vide powers conferred by clause (zg) of sub-section (2) of section 87 read with sub-section (2) of section 79:
Users of computer resource not to host, display, upload, modify, publish, transmit, update or share any information that —
belongs to another person and to which the user does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, 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;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defense, 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.
In view of the global nature of the world wide web, the user understands and agrees that technical processing of tools of communication is (and may be) required to send and receive messages, to correspond / conform to the technical requirements of connecting networks, to correspond / conform to the limitations of the Service, or to correspond / conform to other, similar technical requirements.
The Information and services provided on this websiteare provided "as is" and without warranty of any kind, express or implied. Gig4u disclaims all express and implied warranties with regard to the information and services provided through this Site, including without limitation implied warranties of merchantability, fitness for a particular purpose and non-infringement. Gig4umakes no representations whatsoever about any other Siteor Sitewhich you may access through this one or which may link to this Site.
GIG4U'S INTELLECTUAL PROPERTY
YOUR OBLIGATIONS AND YOUR INDEMNIFICATION OF GIG4U
You are responsible for your use of the Site and anything you post on the Site. If someone makes a claim against Gig4u because of anything you put on the Site, you agree to pay Gig4u for our fees and expenses and to indemnify Gig4u.
When you post User Content on or through the Site or provide Gig4u with User Content, you understand and acknowledge that you are solely responsible for such User Content. Further, you agree to only post or provide User content that does not violate the law or anyone’s rights (including intellectual property rights). You also represent that you have the right, power, and authority to grant the licenses specified below.
You acknowledge and agree that the poster of User Content, and not Gig4u, is responsible for any User Content including any harms caused to anyone by such User Content.
You will indemnify, defend, and hold harmless Gig4u, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, actions, suits, proceedings, damages, liabilities, costs, losses, and expenses (including attorneys’ fees) relating to or arising out of any User Content you post.
YOUR RIGHTS AND LICENSE TO GIG4U AND OTHER SITE VISITORS
By posting content on the Site, you give others some rights to that content.
You retain all ownership rights in any User Content you post on Gig4u. You also grant to Gig4u and our successors and Affiliates a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content for use in connection with the Site and Gig4u’s businesses. You also hereby grant each User and each Site Visitor a non-exclusive license to access your User Content through the Site and to use, reproduce, distribute, and display such User Content as permitted through the normal functionality of the Site and subject to all applicable confidentiality and other provisions of the Terms of Service and applicable law.
We have the right, without compensation to you or others, to serve ads near your content and information. Subject to choices you make within your Gig4u Profile, we may also mention your use of a feature of the Services, along with your name or photo to promote that feature.
THIRD-PARTY INTELLECTUAL PROPERTY
Third parties, including other Users, are responsible for anything posted or linked on the Site.
Any information or content expressed or made available by a third party is that of the respective author(s) or distributor(s) and not ofGig4u.Gig4u neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other thanGig4u’s authorized agents acting in their official capacities.
LIMITATION OF LIABILITY
The Gig4u is playing the role of intermediaries only. Our Site is not responsible for any service error from the Freelancer to the Customer or User. Gig4u provides you only platform to contact the freelancer and user or the customer who needs the services.
To the fullest extent permitted by law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort and that the Gig4u parties shall not be liable for any direct, indirect, incidental, special, exemplary or consequential damages in any way whatsoever arising out of the use of, or inability to use, the service.
Under no circumstances will the Gig4u parties be liable to you for more than the amount you have paid Gig4u in the Thirty (30) days immediately preceding the date on which you first assert any such claim. If at any point the customer raises the Dispute Raise Button, in that case Gig4u holds the freelancer or service provider's payment until the Customer requests to release the holding amount.
All conditions, terms, representations and warranties relating to the websiteServices supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under Indian laws.
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Siteservices shall be limited to the charges paid by you in respect of the services which are the subject of any such claim.
Under no circumstances shall Sitebe held liable for an delay or failure or disruption of the content or services delivered through the Siteresulting directly or indirectly from acts of nature, pandemic, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, pandemic, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
It is our policy to terminate Membership privileges of any User who once infringes the copyright rights of others upon receipt of prompt notification to Site by the copyright owner or the copyright owner's legal agent/Advisor. Without limiting the foregoing, if you believe that your work has been copied and posted on the services in a way that constitutes copyright infringement, please provide us with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Website or app Services;
your address, telephone number, and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You "The User" comprehend and agree to indemnify and Gig4u and its affiliates, officers and employees, harmless from any claim or demand, including attorneys' fees, made by any freelancer or customer due to or arising out of your use of the Service, your connection to the Service, your violation of the Service or any other provision of the Agreement, or the infringement or misappropriation by the user, or a third party using user's computer, account or password to access and/or use the services, of any Intellectual Property Rights of any person or entity, or the use or misuse by the user or third parties of user's passwords or accounts, or your violation of any rights of another.
This Agreement shall remain in full force and effect while you use our services through Site. However, Gig4ureserves the right to terminate access to certain areas or features of the Siteat any time for any reason, with or without notice.
We also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of our services and/or other visitors to our Site. Gig4u withholds the right to temporary or permanent termination of any user for any of the following reasons:
If it concludes that the user(s) have provided any false information at the time of registration or are engaged in fraudulent or illegal activities.
The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of the services.
Utilize our services to send spam and defamatory messages or repeatedly publish the same product information.
ASSOCIATION / LINKS TO THIRD PARTY
All notices or demands shall be effective if in writing and shall be duly made when sent to GIGFLEX PRIVATE LIMITED having addressed at:-8 Moulavi Mujibur Rahman Sarani, Kolkata - 700017.
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s).
In accordance with Information Technology Act, 2000 and The Information Technology (Intermediaries Guidelines) Rules, 2011 made there under, the name and contact detail of the Grievance Officer is provided below:
CHIEF COMPLIANCE OFFICER
In accordance with Information Technology Act 2000 and The Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 made there under, the name and contact detail of the Chief Compliance Officer is provided below:
GOVERNING LAW / WAIVER OF INJUNCTIVE RELIEF
This Agreement and all aspects of the Service shall be governed by and construed in accordance with the internal laws of the India and the State of Maharashtra governing contracts entered into and to be fully performed in Kolkata (i.e., without regard to conflict of law’s provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), User agree not to commence or prosecute any action in connection therewith other than in the courts located in Kolkata, West Bengal, and User hereby consent to, and waive all defences of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction in the courts located in Kolkata.
User acknowledge that the rights granted and obligations made hereunder to Gig4u are of a unique and irreplaceable nature, the loss of which shall irreparably harm Gig4u and which cannot be replaced by monetary damages alone so that Gig4u shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by User. User irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit User claims to claims for monetary damages (if any).
Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Terms ("Dispute"), User and Gig4u agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. User will send your notice to Gig4u or contact our Grievance Officer.
Restrictions. User and Gig4u agree that any arbitration shall be limited to the Dispute between Gig4u and you individually. To the full extent permitted by law,
no arbitration shall be joined with any other;
there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration. User and Gig4u agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
any Disputes seeking to enforce or protect, or concerning the validity of, any of User or Gig4u's intellectual property rights;
any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and
any claim for injunctive relief.
The failure of Gig4u to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of Gig4u's right to assert or rely upon any such provision or right in that or any other instance.
User and Gig4u agree that if any portion of these Terms, except any portion of this Agreement, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
If any provision(s) of the Agreement is/are held by a court of competent jurisdiction to be contrary to law, or otherwise invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
STATUTE OF LIMITATIONS
User and Gig4u agree that any cause of action arising out of or related to these Services must commence within one (1) month after the cause of action arose; otherwise, such cause of action is permanently barred. If you do not agree with any of our Terms and conditions mentioned above please do not read the material on any of our pages or do not accept our services.
Any rights not expressly granted herein are reserved.
Date Last Modified
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