1. OVERVIEW AND DEFINITIONS
Leveragedint.com/Leve (Website/app is an online marketplace that enables buyers of professional services (“Hirer”) to search for, enter into and manage transactions with providers of professional services (“Bidder” and, collectively with Hirer, “Registered Users”). The Website contains features that enable Bidder and Hirer to do, among other things, the following:
Hirer: Create profiles, post projects, search for Bidder, communicate with Bidder, negotiate with Bidder, award projects to Bidder, manage projects, leave feedback for Bidder, and pay Bidder via Leveraged Integrations Pvt. Ltd.
Bidder (or Performer): Create profiles, advertise capabilities, submit quotes, negotiate with Hirer, obtain project awards, invoice, obtain feedback from Hirer, and receive payment from Hirer via Leveraged Integrations Pvt. Ltd.
We also provide Registered Users with certain services described in, and subject to, these Terms of Service (as further defined below, the “Services”). We may add, delete or modify some or all such Services at any time at our sole discretion with reasonable notice posted in advance on the Website.
A. Eligibility. To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you agree to:
(1) Abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website;
(2) Be financially responsible for your use of the Website and the purchase or delivery of services; and
(3) Perform your obligations as specified by any Project Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. Leveraged Integrations Pvt. Ltd reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.
B. Registration. To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website/Mobile application, and to update this information to maintain its truthfulness, accuracy and completeness.
C. Accounts and Profiles.
General. Once you have registered with the Website as a Registered User, the Website will create your Account with Leveragedint.com/Leve (Website/app) and associate it with an account number. You may create a profile under your Account.
Username and Password. During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize Leveragedint.com/Leve (Website/app) to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.
D. Membership. Leveragedint.com/Leve (Website/app) provides Registered Users several different membership options. The availability of these membership options is dependent upon (i) The Registered User’s status as an Hirer or a Bidder (ii) The selections made during registration, (iii) Any subsequent upgrades or downgrades of membership options after registration.
Hirer. All Hirer have the membership benefits described in our website. Note, membership benefits may change from time to time at the sole discretion of Leveraged Integrations Pvt. Ltd and upon reasonable notice posted in advance on the Website.
Bidder. Bidder can choose from different membership options. The options and differences between these options are listed on our website.
Each membership option includes a certain number of “bids.” As described on the Website, a Bidder uses bids to submit quotes for projects. If a Bidder requires additional bids in a given month, the Bidder has the option to buy additional bids as described in our website. We reserve the right to change membership fees, the monthly number of bids included in the membership options or the price of bids or institute new fees at any time, at the sole discretion of Leveraged Integrations Pvt. Ltd and upon reasonable notice posted in advance on the Website. No refunds of membership fees, bids or skill tests already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.
A. Hirer and Bidder.
B. Registered Users and Leveraged Integrations Pvt. Ltd
1. General. Leveraged Integrations Pvt. Ltd is not a party to the dealing, contracting and fulfillment of any Project between a Hirer and a Bidder. Leveraged Integrations Pvt. Ltd has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of project listings, the qualifications, background, or abilities of Registered Users, the ability of Bidder to perform services, the ability of Hirer to pay for services, or that an Hirer or Bidder can or will actually complete a Project. Leveraged Integrations Pvt. Ltd is not responsible for and will not control the manner in which a Bidder operates and is not involved in the hiring, firing, discipline or working conditions of the Bidder. All rights and obligations for the purchase and sale of services or other deliverables are solely between a Hirer and a Bidder. Leveraged Integrations Pvt. Ltd may provide Bidders with counseling’s, workshops, and special trainings from experienced professionals on selection of special package to equip them complete any Project. Hirer and Bidder must look solely to the other for enforcement and performance of all the rights and obligations arising from Project Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
2. Third-Party Beneficiary of Project Agreement. Hirer and Bidder each acknowledges and agrees that the value, reputation, and goodwill of the Website depend on their performance of their covenants and agreements as set forth in their Project Agreement. Hirer and Bidder therefore appoint Leveraged Integrations Pvt. Ltd as a third-party beneficiary of their Project Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, Leveraged Integrations Pvt. Ltd by these Terms of Service. Hirer and Bidder further agree that Leveraged Integrations Pvt. Ltd has the right to take such actions with respect to the Project Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as Leveraged Integrations Pvt. Ltd in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.
3. Agency. These Terms of Service and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Leveraged Integrations Pvt. Ltd, except and solely to the extent expressly stated.
4. Taxes. Registered Users are responsible for payment and reporting of any taxes. Leveraged Integrations Pvt. Ltd is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes, unless otherwise agreed to by both parties pursuant to the terms of any provision of tax services provided to you by Leveraged Integrations Pvt. Ltd. You agree that you will abide by any and all applicable state and Central tax statutes, regulations and common law. In the event Leveraged Integrations Pvt. Ltd receives a notice of non-compliance with any such statute, regulation or common law, Leveraged Integrations Pvt. Ltd will deem such receipt a breach of this section and will suspend your Account until Leveraged Integrations Pvt. Ltd received a clearance from the authorities.
3. Leveragedint.com/Leve (WEBSITE/APP) FEES
We reserve the right to change membership fees, service fees, processing fees or any other fee that may be charged by Leveraged Integrations Pvt. Ltd at any time, at the sole discretion of Leveraged Integrations Pvt. Ltd and upon reasonable notice posted in advance on the Website. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.
4. BIDDER BILLING AND PAYMENT SERVICES
A. Bidder Invoice Service. The Bidder Invoice Service enables Bidder to issue invoices and enables Hirer to make payments for services.
1. General. When a Bidder completes a Project for a Hirer, the Bidder will complete the electronic invoice form (the “Invoice”) and submit it to Leveraged Integrations Pvt. Ltd via the Website.
A Bidder must complete and submit an Invoice to Leveragedint.com/Leve (Website/app) for each and every Project. The Bidder will provide Leveragedint.com/Leve (Website/app) with a list of items, including, but not limited to, hours worked, payment required and description of Project(s), to be included on the Invoice (“Invoice Details”). Such Invoice Details will not be final until and unless such Bidder has confirmed the accuracy of the Invoice Details or waived the right to review the Invoice Details. If a Professional waives his, her or its right to review the Invoice Details, all items in the Invoice Details will be included on the Invoice as received by Leveragedint.com/Leve (Website/app). Leveraged Integrations Pvt. Ltd ENCOURAGES ALL BIDDERS TO REVIEW INVOICE DETAILS.
Leveragedint.com/Leve (Website/app) will submit the Invoice to the Hirer and the Hirer shall submit the payment specified in the Invoice (“Payment”) to Leveragedint.com/Leve (Website/app). When a Hirer makes a payment through the Bidder Invoice Service, Leveragedint.com/Leve (Website/app) deducts the appropriate Service Charges due Leveragedint.com/Leve (Website/app) as described on the Website and delivers the remainder of the Payment to the Bidder.
2. Invoice Disputes. If a Hirer reasonably disputes any Invoice, the Hirer will pay all undisputed amounts within the time frames specified above and the parties will cooperate to verify any disputed amounts. Any Invoice amounts reasonably disputed by a Hirer will not be payable to a Bidder until such dispute is resolved. Leveragedint.com/Leve Website/app’s obligation to pay any Payment (less applicable Service Charge) is expressly conditioned upon: (a) Leveragedint.com/Leve (Website/app)’s receipt of Payment from the applicable Hirer and (b) resolution of all outstanding disputes with respect to such Invoice and/or Payment.
B. Service. The Leveraged Integrations Pvt. Ltd’s Service enables Hirer to transfer certain payment responsibilities to Leveragedint.com/Leve (Website/app).
1. General. At a Hirer’s request, upon payment to Leveragedint.com/Leve (Website/app) by Hirer for services to be rendered by a Bidder, Leveragedint.com/Leve (Website/app) will assume responsibility for the payment for such Bidder’s services (less applicable Service Charge).
2. Disputes. If a Hirer or Bidder reasonably disputes the quality or completion of services provided by such Bidder, then both Hirer and Bidder agree that Leveragedint.com/Leve (Website/app) shall have no payment obligations to any party related to relevant fees until such dispute is resolved in accordance with Section 6 below. Leveragedint.com/Leve (Website/app)’s obligation to pay any Payment (less applicable Service Charge) is expressly conditioned upon resolution of all outstanding disputes with respect to such Payment.
C. Funds Transfer.
1. General. To receive funds due to you, you must request such funds and indicate your selection of the funds transfer methods available on the Website. Any such requests shall be subject to the conditions and restrictions contained on the Website and in these Terms of Service. Notwithstanding any other provision of these Terms of Service, if Leveraged Integrations Pvt. Ltd determines in its sole discretion that a Registered User has violated the conditions and restrictions of the Website or Terms of Service, Leveraged Integrations Pvt. Ltd has the right to refuse to process such request.
2. Hold on Transfers. Leveraged Integrations Pvt. Ltd reserves the right, at its sole discretion, to place a hold on requested transfers if Leveraged Integrations Pvt. Ltd suspects’ monies may be subject to charge back, bank reversal, failure to clear or fraud. Leveraged Integrations Pvt. Ltd will release a hold as soon as practical.
D. Legal Relationship.
1. Leveraged Integrations Pvt. Ltd is not your agent with respect to any funds that have been transferred to Leveraged Integrations Pvt. Ltd for any Assumed Payment Liabilities.
2. Leveraged Integrations Pvt. Ltd acts as a payment provider by creating, hosting, maintaining, and providing the Bidder Billing and Payment Services to you via the Internet. Leveraged Integrations Pvt. Ltd does not have any control over the services invoiced or paid for with the Bidder Billing and Payment Services. Additionally, Leveraged Integrations Pvt. Ltd does not control whether a Hirer or Bidder will actually complete the underlying transaction. Leveraged Integrations Pvt. Ltd is not responsible in any way for the timeliness or accuracy of the invoices or the timeliness, accuracy, completion or workmanship of any work product produced by a Bidder as a result of an awarded Project. Nothing in these Terms of Service will be deemed to constitute Leveraged Integrations Pvt. Ltd as your agent with respect to any service purchased and sold by Registered Users through the Website, or expand or modify any warranty, liability or indemnity stated in these Terms of Service.
3. By using the Bidder Billing and Payment Services, you expressly acknowledge that
E. Miscellaneous Payment Terms.
1. Authorized Payments are Final. Your use of the Bidder Billing and Payment Services constitutes your agreement to pay for any amounts which you authorize us to retain from transactions and, as appropriate, charge to your credit card, or bank account. Such payments, once authorized, are final. When a Hirer’s Acceptance of Services has occurred,
2. Fraudulent Transactions; Erroneous or Duplicate Transactions; Charge Backs. Leveraged Integrations Pvt. Ltd reserves the right to seek reimbursement from you, and you will reimburse Leveraged Integrations Pvt. Ltd, if Leveraged Integrations Pvt. Ltd discovers a fraudulent transaction, erroneous or duplicate transaction, or if Leveraged Integrations Pvt. Ltd receives a charge back or reversal from any Hirer’s Credit Card Company, bank, or for any reason. You agree to and acknowledge Leveraged Integrations Pvt. Ltd’s right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by Leveraged Integrations Pvt. Ltd in an effort to investigate fraud. You agree that Leveraged Integrations Pvt. Ltd has the right to obtain such reimbursement by charging your Account, deducting amounts from future transfers, charging your credit card or any bank account associated with your Account, or obtaining reimbursement from you by any other lawful means, including using a third party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of your Account.
3. Currency. The Bidder Billing and Payment Services operate in Indian Rupees and therefore Leveraged Integrations Pvt. Ltd is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than Indian Rupees, nor is Leveraged Integrations Pvt. Ltd responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or automated clearinghouse to and from your bank account.
4. Exclusivity. Hirer agree to use the Leveraged Integrations Pvt. Ltd Billing and Payment Services to make all payments to Bidder, whether first-time, repeat, or follow-on. As a Bidder, you agree to use Leveraged Integrations Pvt. Ltd’s billing and Payment Services to receive all payments from Hirer identified through the Website, whether first-time, repeat, or follow-on.
5. Notification. As a Hirer, you agree to notify Leveraged Integrations Pvt. Ltd immediately if your Bidder solicits payment from you outside the Website. As a Bidder, you agree to notify Leveraged Integrations Pvt. Ltd immediately if your Hirer seeks to pay you outside the Website. If you are aware of a breach of the foregoing prohibitions, or any potential circumvention of the Bidder Billing and Payment Services, please submit a confidential report to legal team @ email@example.com.
6. Agreement to Pay. If, for any reason, Leveraged Integrations Pvt. Ltd does not receive payment for any amounts that you have authorized to be paid through your use of the Bidder Billing and Payment Services, you agree to pay such amount immediately upon demand by Leveraged Integrations Pvt. Ltd. You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by Leveraged Integrations Pvt. Ltd in collecting from you the authorized but unpaid amount. In such case, Leveraged Integrations Pvt. Ltd may, at its option, stop processing any further payments made by you and apply any amounts then held by Leveraged Integrations Pvt. Ltd on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the Bidder Billing and Payment Services. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
5. Leveragedint.com/Leve Membership Refund/Cancellation Policy
Leveraged Integrations Pvt. Ltd (Leveragedint.com/Leve) reserves the right to refuse/cancel a membership in the Leveragedint.com/Leve. If Leveragedint.com/Leve refuses a new or renewing membership, registrants will be offered a refund. Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider. In the event that the parties encounters an issue related to the service provided, they are encouraged to use the Site's dispute resolution tools to attempt to resolve the matter. Leveragedint.com/Leve reserves the right to cancel withdrawals or place funds on hold for any suspected fraudulent transactions made on the Site. All transfer and assignment of intellectual property to the parties shall be subject to full payment for the services availed and the delivery may not be used if payment is cancelled for any reason. If an work order is cancelled (for any reason), the funds paid will be refunded to the Hirer’s payment provider. Revisions to deliveries can be performed by bidders based on the Hirer’s work order and customer care. Bidders may determine the amount of revisions offered to them, including no revisions. Requesting to gain more services from bidders beyond the agreed requirements by using leve is not allowed without further payment.
If you submit for Cancellation of work posted, the following process will apply:
a) If the other party approves your request, then the work is cancelled.
b) If the other party submits a Dispute Notice Form during the Approval Period, then you are required to use the Fixed Price Dispute Resolution Policy or the Hourly Dispute Resolution Policy, depending on the work type.
c) If the other party fails to submit Dispute Notice Form during the Approval Period, then the work will be cancelled and: (i) if the work is a Fixed Price assignment, funds will be released from the Fixed Price Escrow Account and returned to the applicable Client Escrow Account to the extent of any funded balance and subject to the terms and conditions of the other Terms of Service; (ii) for any remaining balance, and for Hourly Engagements, you are required to use the Fixed Price Dispute Resolution Policy or the Hourly Dispute Resolution Policy, depending on the Engagement type; and (iii) Leveragedint.com/Leve may suspend or cancel the other party’s Account. (iv)If a Bidder submits a Refund Request Form, the request is deemed approved and Bidder will be deemed to have issued the applicable Refund Escrow. (v) If a Client submits a Refund Request Form, then the following process will apply: a) If Freelancer approves Client’s request for all or part of the requested amount, then Freelancer will have issued the applicable Refund Escrow Instruction below. For any unapproved refund balance, Client must use the Fixed Price Dispute Resolution Policy or the Hourly Dispute Resolution Policy, depending on the Engagement type. b) If Freelancer submits a Dispute Notice Form during the Approval Period, then Freelancer and Client are required to follow the Fixed Price Dispute Resolution Policy or the Hourly Dispute Resolution Policy, depending on the Engagement type. c) If Freelancer fails to submit a Dispute Notice Form during the Approval Period, then: (i) the request is deemed approved and Freelancer will be deemed to have issued the applicable Refund Escrow Instruction below; (ii) for any remaining balance, and for Hourly Engagements, you are required to use the Fixed Price Dispute Resolution Policy or the Hourly Dispute Resolution Policy, depending on the Engagement type; and (iii) Leveragedint.com/Leve may suspend or cancel the other party’s Account. Previously Paid work Refunds to a Client of amounts previously released to a bidder are subject to the availability of funds in the applicable Escrow Account. Leveragedint.com/Leve will not remove funds from the bidder’s Escrow Account without authorization and instructions from the bidder. Processing refunds in this case might take up to 10 days.
6. DISPUTE SERVICES
If any dispute and/or difference that has arisen between the Parties hereto during the subsistence of this terms and conditions or thereafter, in connection with the validity, interpretation, implementation or alleged material breach of any provision of these terms and conditions or regarding any question arising out of this terms and conditions or otherwise, the Parties hereto shall endeavor to settle such dispute/difference amicably by negotiation.
If the dispute is not settled by mediation within 7 (Seven) days of the appointment of the mediator, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the India Arbitration Rules.
The Arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 or any amendment thereto.
The language to be used in the mediation and in the arbitration shall be English.
Notwithstanding anything contained above, dispute either judicial or quasi judicial the same will be subject to the exclusive jurisdiction of the courts in Delhi.
In any arbitration commenced pursuant to this clause,
(i) The number of arbitrators shall be [one/three]; and
(ii) The seat, or legal place, of the arbitration shall be [City and/or Country].”
A. Eligibility. Leveraged Integrations Pvt. Ltd offers the Dispute Resolution Service to those Registered Users that have requested Leveraged Integrations Pvt. Ltd to assume all or a portion of the payment liability for services and who are engaged in a dispute over a Project that is
(i) Pursuant to a project posting by an Hirer through the Website/Mobile app,
(ii) Pursuant to a bid for by a Bidder through the Website/Mobile app for such job posting and
(iii) Pursuant to an acceptance through the Website by the Hirer for such bid. Hirer and Bidder agree and acknowledge that, with respect to Assumed Payment Liabilities, any and all disputes relating to the underlying fees shall be governed by the terms of this Section 6.
1. Negotiation. In any dispute between Registered Users relating to a Project that is eligible for Dispute Resolution Service, you agree to negotiate such dispute in good faith. If the result of such negotiation is acceptable to both parties in a dispute, you agree to indicate your approval of such negotiation through the Website and Leveraged Integrations Pvt. Ltd will disburse funds in accordance with the results of such negotiation. If you are dissatisfied with the progress, you agree to submit your dispute to binding arbitration as further set forth below.
2. Arbitration. In any dispute between an Hirer and a Bidder which cannot be resolved through negotiation, you expressly agree to and acknowledge that Leveraged Integrations Pvt. Ltd or a third party chosen by Leveraged Integrations Pvt. Ltd will arbitrate the dispute in accordance with these Terms of Service and the Website.
(a) You acknowledge and agree that Leveraged Integrations Pvt. Ltd will construe any Project Agreement based on the transaction’s course of dealing and common industry practices. Specifically, in rendering its decision, the arbitrator shall only be obligated to consider the following:
(i) The Project Agreement,
(ii) The parties’ course of dealings, as evidenced by activity on or communications through the Website,
(iii) The Project itself and
(iv) Any information or communication that the Hirer and the Bidder agree should be considered.
(b) Leveraged Integrations Pvt. Ltd shall render its decision within five (5) business days of escalation. During this time, you are encouraged to continue to negotiate an amicable settlement with the Bidder with which you are engaged in a dispute.
(c) You agree that the decision of Leveraged Integrations Pvt. Ltd, acting as an arbitrator, shall be final, binding, and not subject to appeal. Accordingly, within a reasonable time after we have rendered a decision, we will transfer funds in accordance with the arbitrator’s decision.
(d) In the event that you are the prevailing party in its arbitration decision, you agree that you shall have no right, title to, interest in or license to the Project that is the subject matter of the dispute. In such case, you agree to return any physical copies of such Project in your possession and destroy any electronic copies that you have.
C. Communication. You agree and acknowledge that
(1) Leveraged Integrations Pvt. Ltd will use the e-mail address corresponding with your Account registered at the time a dispute arises to notify and communicate with you with regard to any dispute and
(2) You are solely responsible for the receipt of any notification or communication sent by Leveraged Integrations Pvt. Ltd using the e-mail address corresponding with your Account registered at the time a dispute arises.
D. Acknowledgements. You agree and acknowledge that
(1) Leveraged Integrations Pvt. Ltd is not providing legal services to you,
(2) Leveraged Integrations Pvt. Ltd will not advise you regarding any legal matters and
(3) If you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on Leveraged Integrations Pvt. Ltd for any such counsel. You agree to indemnify and hold harmless Leveraged Integrations Pvt. Ltd and any of our affiliates against any damages or liability you may suffer as a result of using the Dispute Resolution Service. If you do not agree to use this Dispute Resolution Service under these terms, you should not request Leveraged Integrations Pvt. Ltd to assume the Assumed Payment Liabilities.
At the request of a Hirer, Leveraged Integrations Pvt. Ltd shall issue each individual Bidder whom you have engaged through the Website a summary on Form reflecting Payments (less fees) paid to each Bidder. You hereby acknowledge that, although Leveraged Integrations Pvt. Ltd may provide the Service to Hirer, the Hirer’s Project Agreement to obtain services and make payments is an agreement between a Hirer and a Bidder.
8. TERM; TERMINATION AND SUSPENSION
A. These Terms of Service shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is terminated at your request to Leveraged Integrations Pvt. Ltd or as provided for under the terms of this section.
B. Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms of Service at any time upon notice to the other party. In such event, your Account is automatically terminated and (1) Leveraged Integrations Pvt. Ltd shall continue to perform those services necessary to complete any open transaction between you and another Registered User; and (2) you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to Leveraged Integrations Pvt. Ltd for any service and to any Bidder for any services.
C. Any termination of an Account will automatically lead to the termination of all related profiles.
D. Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Project, and refuse to provide any or all services to you if: (1) you breach the letter or spirit of any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for Leveraged Integrations Pvt. Ltd or are contrary to the interests of the Website. Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or register under a new Account.
E. In addition, violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
F. Without limiting our other remedies, to the extent you engage in actions or activities which circumvent the Bidder Billing and Payment Services or otherwise reduce fees owed Leveraged Integrations Pvt. Ltd under these Terms of Service, you must pay us for all fees owed to Leveraged Integrations Pvt. Ltd and reimburse us for all losses and costs and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
G. When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website. The material may be deleted along with all your previous posts and proposals.
9. PRIVACY AND CONFIDENTIALITY.
10. INTELLECTUAL PROPERTY.
B. Registered User Content.
1. You are solely responsible for information posted on our Website, including but not limited to (a) any audio, video or photographic content (collectively, “Multimedia Content”), (b) any posting or listing made in any public message area, through any email feature or through Leveragedint.com/Leve (Website/app)’s feedback feature (collectively, “Non-Multimedia Content”) and (c) any other content of a personal nature including but not limited to your resume, biography, work history and work product produced for another Registered User including Companies (“Personal Content”). You retain ownership of all Multimedia Content and Personal Content, subject to the licenses granted herein.
2. You hereby assign to Leveraged Integrations Pvt. Ltd your rights in any Non-Multimedia Content. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing Leveraged Integrations Pvt. Ltd products and services and you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to use the Personal Content for the purpose of providing Services.
3. Your information must not: (a) infringe any third party’s rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography.
4. We do not endorse any information posted by Registered Users and we are not liable for any such information posted on the Website, including but not limited to any information posted about you. We reserve the right to take any action, in our sole discretion, with respect to information posted on the Website which we believe is inappropriate, including but not limited to termination of your Account. However, we cannot, nor do we, control the information provided by you or other Registered Users or other content providers which is made available through our system.
C. Removal of Content for which Copyright Infringement Is Claimed.
1. If you believe your copyrights are being infringed by a User of the Website, please fill out a Notice of Infringement form and mail it to Leveraged Integrations Pvt. Ltd Copyright Infringement Notices at firstname.lastname@example.org.
2. Additionally, you are required to provide a Notice of Infringement form each time you wish to report alleged acts of infringement and Mail it to the address provided above.
11. REPRESENTATIONS, DISCLAIMERS, LIMITATIONS AND EXCLUSIONS
A. Registered User Representations and Warranties. All Registered Users represent, warrant, and agree:
1. Not to grant access to an Account only to users authorized to act on behalf of the Registered User and only in accordance with these Terms of Service.
2. To be fully responsible and liable for any action of any user who uses your Account.
3. Not to use your Account, username, or password of another Registered User that you are not expressly authorized to use.
4. Not to allow any third party who is not authorized to do so to use your Account at any time.
5. Not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website.
6. Not to intercept or expropriate any system, data or personal information from the Website.
7. Not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques.
8. That it has the right and authority to enter into the Terms of Service and to transact business hereunder.
9. That they are using the Website solely for the purpose of entering into a bona fide business transaction with other Registered Users.
10. That they will not use the Website or its services to defraud or mislead any person or entity, including without limitation Leveraged Integrations Pvt. Ltd or any Register User.
11. That they will not use the Website to violate any law or regulation of INDIA or any international law or treaty.
A. Warranty Disclaimer. THE SERVICES PROVIDED BY Leveraged Integrations Pvt. Ltd OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
B. General Release. If you have a dispute with another Registered User, you release Leveraged Integrations Pvt. Ltd (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
C. Indemnity. You agree to defend, hold harmless and indemnify Leveraged Integrations Pvt. Ltd from and against any and all losses, costs, expenses, damages or other liabilities incurred by Leveraged Integrations Pvt. Ltd from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Leveraged Integrations Pvt. Ltd: (1) in connection with your use of the Services including any payment obligations incurred through use of the Bidder Billing and Payment Services; or (2) resulting from: (a) your use of the Website/ Application (b) your decision to supply credit information via the Website, including personal financial information; (c) your decision to submit postings and accept offers from other Registered Users; (d) any breach of contract or other claims made by Registered Users with which you conducted business through the Website; (e) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User; (h) any act or omission of yours with respect to the payment of fees to any Bidder; (i) your dispute of or failure to pay any Invoice or any other Payment; or (j) your obligations to a Bidder. Any such indemnification shall be conditioned on our: (i) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defense or settlement thereof; and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
G. Links. The Website may contain links to third-party web sites not under the control or operation of Leveraged Integrations Pvt. Ltd. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.
H. Data. You are responsible for creation, storage, and backup of your business records. These Terms of Service and any registration for or subsequent use of this Website will not be construed as creating any responsibility on Leveraged Integrations Pvt. Ltd’s part to store, backup, retain, or grant access to any information or data for any period.
12. MISCELLANEOUS TERMS AND CONDITIONS
A. Compliance with Law. You are responsible for compliance with applicable Indian Laws as well as international laws, regulation and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.
B. Modification and Waiver. Leveraged Integrations Pvt. Ltd will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of Leveraged Integrations Pvt. Ltd. No delay or omission by Leveraged Integrations Pvt. Ltd in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
C. Severability. If any part of these Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
D. Assignment or Transfer. You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission of Leveraged Integrations Pvt. Ltd, and any attempt to do so will be null and void. Leveraged Integrations Pvt. Ltd may assign these Terms of Service in its sole discretion.
F. Force Majeure. Except for the payment of fees to Leveraged Integrations Pvt. Ltd, neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
G. Notice. All notices required or permitted to be given under these Terms of Service, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by mailed, or speed post/Register post to the addresses set forth below or to such other address as any party shall designate by notice in writing.
If to Leveraged Integrations Pvt. Ltd: Contact +91-971-144-2222 D-318, First Floor, Sector 10 - Noida - U.P - 201301 INDIA
If to Registered User:
To the address associated with Registered User’s access or login information.
H. Headings and Labels. The boldface paragraph headings in these Terms of Service are included for ease of reference only and have no binding effect.
J. Survival. In the event that any individual provisions contained in these Terms & Conditions shall be deemed invalid or unenforceable or incomplete, this shall have no bearing upon the validity of the remaining provisions.