tos

TERMS OF SERVICE

These Terms of Service (the “Terms of Service”) govern your use of all Web sites owned or operated by (“digitazon”), including, without limitation, the Web site currently located at www.digitazon.com (collectively, the “Site”) and any and all associated services provided by digitazon in connection with the Site (together with the Site, the “Services”). The Services comprise a platform that enables individuals and entities who have Projects/Vacancy that need to be performed (“Clients” and such Projects/Vacancy or tasks, “Projects/Vacancy”) to retain individuals who may be willing to perform such Projects/Vacancy (“freelancers”). Please read these Terms of Service carefully. These Terms of Service constitute a binding agreement between you and digitazon regarding your use of the Services. By using the Services, you agree to be bound by these Terms of Service and the digitazon Privacy Policy. If you do not agree to any provision of these agreements, you may not use the Services.

1. CLIENT TERMS AND CONDITIONS

In order to use the Services as a Client and list Projects/Vacancy on the Site (the “Client Service”), you must agree to be bound by additional terms and conditions applicable to the Client Service contained in a separate User Agreement. In the event of any conflict between the User Agreement and these Terms of Service, the User Agreement will control.

2. TERMS OF SERVICE CHANGES

digitazon may, in its sole and absolute discretion, change these Terms of Service from time to time, including, without limitation, in order to offer new features and services on or through the Site. digitazon will post a copy of these Terms of Service as changed on the Site under Terms and Conditions. Your continued use of the Services constitutes your agreement to abide by these Terms of Service as changed. If you object to any such changes, your sole recourse shall be to cease using the Services.

3. ELIGIBILITY TO USE THE SERVICES

Except as expressly provided below, the Services may only be used by individuals and entities who can form legally binding contracts under applicable law. No person under the age of 14 may use the Services without the supervision of a parent or legal guardian. Your use of the Services will be deemed to be a representation that you are of the age of majority or older or are using the Services with the permission of your parent or guardian.

4. ACCOUNT AND PASSWORD SECURITY

You may create your own account with digitazon by completing the online registration process on the Site, and you must do so if you would like to be considered for a Project/Vacancy. As part of the registration process, you will be asked to provide certain personal information. If you elect to provide information to digitazon, you agree to provide information that is true and accurate, and to update such information if it changes. If you elect to not provide that information, or if the information you provide is not complete, current, true and accurate, you may not be able to use some or all of the Services, including, without limitation, the ability to be considered for a Project/Vacancy and to get paid for your Projects/Vacancy you perform. You may also be required to choose a username and password. Your username and password will be your identity for purposes of interacting with digitazon and third parties through the Site. You shall use your account, username and password solely in accordance with these Terms of Service. You are solely responsible for maintaining the security of your username and password and any activity that occurs under your account. You will promptly notify digitazon via e-mail support@digitazon.com, if you learn of or suspect any unauthorized use of your account, username or password.

5. USER INTERACTIONS

Clients and freelancers may communicate with each other through the Services. The Services may also facilitate communications, including with other people that do not use the Services, via email and other means that are not part of the Services. digitazon is not responsible or liable for any damage or loss related to your interactions with anyone else. You are responsible for complying with all applicable laws, rules and regulations in the conduct of your business and/or your performance of any Project.

6. digitazon’S ROLE

digitazon makes the Services available to enable freelancers themselves to identify and determine the suitability of Clients and Projects/Vacancy and to enable Clients themselves to identify and determine the suitability of freelancers. digitazon does not direct, has no control over, makes no representations and does not guarantee the quality, safety or legality of advertised freelancers services, the truth or accuracy of Project listings, the qualifications, background, or identities of freelancers, the ability of freelancers to deliver freelancers services, the ability of Clients to pay for freelancers services, or that a Client or freelancers can or will actually complete a transaction. digitazon is not required to, but may, verify any information provided by freelancers or Clients or perform background checks on freelancers or Clients. You authorize us to make any inquiries we consider necessary to validate your identity by any legal means. Information provided or made available by digitazon is based solely on data that a freelancers or Client submits and digitazon provides such information solely for the convenience of its users and is not an introduction, endorsement or recommendation by digitazon.

7. PAYMENT; NON-CIRCUMVENTION

All work performed on Projects/Vacancy shall be compensated through the Services in accordance with our payment policies. You will not do anything to circumvent the foregoing, including by negotiating terms outside of the Services, underbidding on Projects/Vacancy or any other means that would cause the value of transactions processed through Services to be minimized or understated.

8. OWNERSHIP

The content on the Site and all aspects of the Services, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, “digitazon Content”), and the digitazon word marks and design marks, as well as certain other of the names, logos and materials displayed on the Site or through the Services that constitute trademarks (collectively, “Marks”), are owned by or licensed to digitazon and are subject to copyright, trademark and other intellectual property rights Indian laws.

9. USE OF THE SERVICES

You may not reproduce, duplicate, copy, sell, resell or exploit for any purposes the Services, or any portion of the Services, including, without limitation, digitazon Content and Marks, except as authorized by these Terms of Service. You must abide by all copyright notices, information or restrictions contained in or associated with any digitazon Content.

    Prohibited activities include, without limitation, the following:

  1. violating any local, state, national or international law or regulation or any provision of these digitazon Terms of Service;
  2. knowingly transmitting any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  3. collecting personal information, including, without limitation, account names or e-mail addresses, of other users from the Services through automated means or otherwise;
  4. impersonating any person or entity or otherwise misrepresenting your affiliation with a person or entity;
  5. interfering with or disrupting the Services or servers or networks connected to the Services, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Services;
  6. attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising any part of the Services;
  7. attempting to interfere with any security feature of the Services, or circumvent, disable or interfere with any copyright management or other technological measure that effectively controls access to, use or copying of content of the Services; and
  8. launching any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Services in a manner that sends more request messages to the Services in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser.

10. PRIVACY POLICY

You agree that digitazon may use any information digitazon obtains about you in accordance with the provisions of the digitazon Privacy Policy.

11. INTELLECTUAL PROPERTY INFRINGEMENT PROCEDURE

digitazon respects the intellectual property rights of others. Upon proper notice, digitazon will, in its discretion, remove Content or other applicable content that violates intellectual property rights under applicable law, suspend access to the Services (or any portion thereof) to any user who uses the Services in violation of such law, and/or terminate the accounts of repeat infringers. If you believe your work has been copied in a way that constitutes intellectual property rights infringement, please send digitazon’s intellectual property agent (listed below) a written notification of claimed infringement with all of the following information:

Prohibited activities include, without limitation, the following:

  1. identification of the intellectual property right (e.g., copyright, trademark, etc.) and the work claimed to have been infringed, or, if multiple rights and works are covered by a single notification, a representative list of such rights and works;
  2. identification of the claimed infringing material and information reasonably sufficient to permit digitazon to locate the material on the Services;
  3. information reasonably sufficient to permit digitazon to contact you, such as an address, telephone number, and, if available, an email address;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property rights owner, its agent, or the law;
  5. a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the intellectual property rights owner or authorized to act on the owner’s behalf; and
  6. your physical or electronic signature.

Please send all of the above-enumerated information to the following digitazon intellectual property agent:

digitazon IP Agent

Email: copyright@digitazon.com

12. LINKS TO OTHER WEB SITES

The Services may contain links to third party Web sites or Internet resources that are not owned or controlled by digitazon. digitazon’s provision of a link to any other Web site or Internet resource is for your convenience only and does not signify digitazon’s endorsement of such other Web site or resource or its contents. digitazon SHALL NOT BE RESPONSIBLE FOR THE AVAILABILITY OF ANY THIRD PARTY WEB SITES OR RESOURCES, AND digitazon DOES NOT WARRANT, ENDORSE GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY SUCH THIRD PARTY WEB SITES OR RESOURCES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THROUGH ANY LINKED WEB SITES OR FEATURED IN ANY ADVERTISING.

13. DISCLAIMER

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, digitazon AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). digitazon MAKES NO REPRESENTATIONs OR WARRANTIES ABOUT THE ACCURACY, QUALITY, RELIABILITY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

  1. USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICES;
  2. PERSONAL INJURY OR OTHER HARM, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR IN CONNECTION WITH ANY PROJECT;
  3. THE QUALITY, RELIABILITY, SAFETY, COMPLETENESS, FITNESS OR NATURE OF A PROJECT OR ANY SERVICES PROVIDED BY A freelancerS;
  4. ACT OR OMISSION OF A CLIENT OR freelancerS, INCLUDING ANY FAILURE TO COMPLY WITH ANY APPLICABLE LAW, RULE OR GOVERNMENTAL REGULATION;
  5. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN;
  6. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; AND
  7. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY.

14. LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL digitazon BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).

15. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent digitazon may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of digitazon’s liability shall be the minimum permitted under such applicable law.

16. INDEMNITY

You agree to indemnify, defend, and hold harmless digitazon and its Affiliates (the “digitazon Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (a) any information you provide to digitazon; (b) your use of the Services and the use of the Services under your account; or (c) your violation of these Terms of Service. digitazon reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with digitazon in asserting any available defenses.

17. FORCE MAJEURE

Without limiting the foregoing, under no circumstances will digitazon be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

18. TERMINATION

digitazon may terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any provision of these Terms of Service or, if applicable, a User Agreement. In the event of any such termination, the indemnification provisions set forth above shall survive.

19. MODIFICATIONS TO THE SERVICES

digitazon reserves the right to modify or discontinue the Services with or without notice to you. digitazon shall not be liable to you or any third party should digitazon exercise its right to modify or discontinue the Services.

20. ARBITRATION

You and digitazon agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and digitazon hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and digitazon relating to the Services or these Terms of Service (each a “Claim”) shall be submitted for binding arbitration in accordance with to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitrator’s decision shall be controlled by these Terms of Service and any of the other agreements governing your use of the Services. The arbitrator shall not have the power to award punitive damages against any Party. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

You may not act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or digitazon’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR digitazon WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

21. GENERAL PROVISIONS

These Terms of Service shall be governed by and construed in accordance with the laws of the Indian Govt., without giving effect to any conflict of laws rules or provisions. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. The failure of digitazon to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. These Terms of Service, the digitazon Privacy Policy and, if applicable, the User Agreement, together with and any other policies, rules or guidelines posted in connection with the Services, constitute the entire and exclusive agreement between digitazon and you regarding the Services, and the foregoing, as applicable, supersedes and replaces any prior agreements between digitazon and you regarding the Services.