Shifting Suvidha is the sole owner and operator of the Website www.shiftingsuvidha.com (referred to herein as “Shifting Suvidha”, “Website”, “We”, “Us”, “Our”) and the Mobile Application ‘Shifting Suvidha – Leads for Partner’ (referred to herein as “App”). Shifting Suvidha intends to act only as an online medium or platform through which Users can avail required Services (as defined below) from third-party service providers. Shifting Suvidha operates and manages its activities from its corporate office located at Ahmedabad (Gujarat, India).
ANY PARTICIPATION IN THIS WEBSITE AND/OR APP WILL SIGNIFY YOUR ACCEPTANCE OF THE TERMS DEFINED BELOW. IF YOU DO NOT AGREE TO ABIDE BY OR ACCEPT ANY OF THESE TERMS, PLEASE DO NOT USE OR ACCESS THE WEBSITE AND/OR APP OR ANY INFORMATION PRESENTED THEREIN.
BY ACCESSING, USING OR PARTICIPATING IN THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND QUALIFIED TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT. WE MAY, IN OUR SOLE DISCRETION, REFUSE TO OFFER SERVICES TO ANY PERSON, USER OR ENTITY IF WE FEEL YOU DO NOT SATISFY THE MINIMUM AGE CRITERIA OR IF WE HAVE ANY REASON TO BELIEVE THAT YOU HAVE VIOLATED ANY OF THE TERMS SET FORTH HEREUNDER.
You expressly acknowledge and agree that the use of the Shifting Suvidha Website and/or App, including but not limited to any of the content, information or data presented on the Website is solely at your own risk.
To the maximum extent permitted by applicable law, the Services offered through the Shifting Suvidha Website and/or App, including but not limited to the information delivered as part of the Service, all the content, materials, data, and information (collectively referred to herein as “Content”) and the content or information submitted by other users or Third-Parties (collectively referred to herein as “Third-Party Data”, “Data”), and any other substance of the Shifting Suvidha Website and/or App, are provided on an “AS IS” and “AS AVAILABLE” basis without any warranties, representations or conditions of any kind (express or implied) of non-infringement, merchantability, suitability, and fitness for a particular purpose, to the maximum extent as permitted by applicable law.
You acknowledge and agree that, while using Shifting Suvidha, you may be exposed to Content submitted by Third-Party sources. We are not responsible or liable for the inaccuracy, usefulness or safety of accessing such Content. Shifting Suvidha reserves the right to remove, delete, edit, or move the Content, in part or in whole, without prior notice, and also terminate the User’s access or permission to use the Website and/or App if We feel that the Content submitted by you is inappropriate, does not comply with the provisions mentioned in these Terms, are in violation of Copyright laws, Intellectual Property laws, or are pornographic, obscene, offensive, insensitive, or vulgar. You agree to indemnify and hold Shifting Suvidha free and harmless regarding all matters related to your use of the Shifting Suvidha Website and/or App or the Content presented therein.
Shifting Suvidha and its Directors, Managers, Officers, Employees, Successors, Assigns, Subsidiaries, Service Providers, and Agents (referred to herein, for the sake of these Terms, as “Team”) MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, with respect to the following:
Shifting Suvidha Website and App may contain information and links provided by one or more Third-Parties; and, we cannot have complete control and are not responsible for the information provided by such Third-Parties (Third-Party Data). Shifting Suvidha does not endorse, warrant, guarantee, or assume responsibility for the product, service, or material advertised, offered or provided by a Third-Party, and the placement of such Third-Party Data, links or advertisements in any part of the Website does not constitute endorsement by Shifting Suvidha in any way. Therefore, you acknowledge that you will hold Shifting Suvidha and its Team free of any liabilities arising from your access or use of such Third-Party Data and links to their websites presented on the Shifting Suvidha Website and/or App, or the content presented therein. We would advise you to read the Terms and Conditions of each Third-Party website before you visit or use the same.
The Services and information presented on the Shifting Suvidha Website or App may contain Technical Inaccuracies or Typographical Errors. Hence, you agree to use your best judgement and exercise caution while using the Content or Services on the Shifting Suvidha Website and/or App.
The original content, features, and functionality in the Shifting Suvidha Website and App, including without limitations all the information, text, scripts, graphics, images, displays, audio, video and software (collectively referred to herein as “Info”), are owned by Shifting Suvidha; and all the logos and icons (“collectively referred to herein as “Brand”), are trademarks of Shifting Suvidha. The Info and Brand of Shifting Suvidha are protected by copyright, trademark, trade secret, patent, and other intellectual property or proprietary rights laws.
Any and all other trade names, trademarks, logos, and content presented on the Shifting Suvidha Website and/or App are submitted by Third-Party Service Providers or licensors (“Third-Party Info and Brand”); the ownership and rights to which, rest completely with their respective owners. You must ensure not to use the Info, Brand and other materials on the Website and/or App for any other purpose except as expressly permitted herein.
Users of the Shifting Suvidha Website and/or App should make sure that the Content available on the Website and/or App be used for non-commercial, personal, informational, reference and research purposes only. You must not copy, reproduce, alter, modify, create derivative works, redistribute, rebroadcast, republish, publicly display, download, store, loan, rent, sell, or commercially exploit the information or any of the Content on the Website and/or App in any manner, without prior written permission from Shifting Suvidha or the respective owners. The Shifting Suvidha Website and App may contain Third-Party Info and Brand, including but not limited to text, graphics, logos, trade names, and other content, which you shall not misuse in any manner. You also agree not to modify, disable, override, circumvent, or otherwise interfere with any of the security features or interactive features of the Website and/or App, which may prevent, restrict, or enforce limitations on the access or use of the Website and/or App.
These Terms grant you, the User, a personal, non-exclusive, non-transferable, revocable and limited license to access and use the Website and/or App and any Content presented therein; if you download, or print a copy of any of the data, content or information published on the Website, you must do so solely for your personal use only.
Use of any of the Content presented on the Shifting Suvidha Website and/or App for any purpose other than expressly permitted by Shifting Suvidha as per these Terms is prohibited and may invite legal action.
Shifting Suvidha respects the rights of Intellectual Property Owners and expects the same from its Users.
Shifting Suvidha may, at its sole discretion, suspend, block, or terminate the Users of the Website who infringe upon the intellectual property rights of others.
If you are a Copyright holder, or its Agent, and you have reason to believe that any of the content, data, information or any other material owned by you has been copied and posted on the Shifting Suvidha Website or App, or infringes your Copyrighted material, please let us know via email : email@example.com
Please mention the following information, including as much detail as possible to allow us to identify the facts or circumstances:
Shifting Suvidha may post or display Data provided by Third-Parties on the Website and/or App, the rights for which is retained with the Third-Parties themselves. Third-Parties shall be solely responsible for the Data they provide and accept the consequences of displaying or publishing such Data. You hereby acknowledge and agree that you have the necessary permissions, consents, rights and licenses, including but not limited to patent, trademark, trade secret, copyright and other proprietary rights to use, display, reproduce or publish the Data.
However, by submitting such Data to Shifting Suvidha, you hereby grant, and warrant that you have the right to grant, a world-wide, indefinite, non-exclusive, royalty-free and transferable license to use, copy, reproduce, distribute, display, reformat, translate, and create derivative works of the Data submitted by you in the Shifting Suvidha Website and/or App.
You also hereby grant each User of the Shifting Suvidha Website and/or App a personal, non-exclusive and limited license to use or access your Data through the Shifting Suvidha Website and/or App, and to use, reproduce, copy, distribute, display, and create derivative works of your Data as permitted in these Terms hereunder.
You may remove or delete your Data from the Website and/or App at any point of time. The aforementioned license granted by you, to Shifting Suvidha and its Users, stands terminated once you delete or remove the Data from the Website and/or App.
Shifting Suvidha may present advertisements and promotions for or links to Third-Party websites, products and/or services (collectively referred to herein as “Third-Party Ads”, “Ads”), for which Shifting Suvidha receives a percentage of the revenue. Shifting Suvidha disclaims all responsibility and liability for the content, inaccuracy of the content, products and/or services offered by such Third-Party Ads. The presentation or placement of such Ads in any part of the Website and/or App does not imply any sort of warranty, endorsement or guarantee by Shifting Suvidha for the advertised products or services. Before clicking on, accessing, or using any such links to these Ads, you are advised to read the applicable Terms and Conditions of the respective Third-Party website; Shifting Suvidha is not liable to you in any way and we do not provide any warranties, express or implied, against any loss or damages, of any kind, incurred by you as result of your use of or access to such Ads. You acknowledge and agree that if you decide to access the links to such Ads, you do so at your own risk.
Shifting Suvidha does not require Service Users to create an account for the request, use or purchase of Services listed on the Website, but we will require you to furnish your basic details such as Name, Address, Contact Number, and E-mail ID during the posting of your Required Service (herein referred to as “Request”). The details that you provide are completely your responsibility, and Shifting Suvidha is not liable for any of the information provided by you.You also acknowledge and agree that by submitting your contact details, you consent to be contacted through SMS, Phone calls, Emails, or any other form of electronic communications, related to the Services requested by you.
With respect to the use, purchase or posting of Request for a Service you agree NOT TO DO any of the following:
While writing Reviews or Ratings (referred to, herein, as “Reviews”) for a particular Service Provider, you agree to be careful and use good judgement. You SHALL NOT take the following actions:
While purchasing a Service or after booking a Service, you acknowledge and agree to the following:
In the event of your VIOLATION of any of the above referenced rules of conduct, Shifting Suvidha has the right, and in its sole and absolute discretion, may take any of the following actions, with or without notice, for any reason or no reason, or for any action that Shifting Suvidha deems inappropriate or disruptive to the Website or any User of this Website or Service:
We encourage you to notify us via email: firstname.lastname@example.org, in case of any:
Service Providers are required to create an account (“Profile”) to be able to access and use the Shifting Suvidha Website and/or App, provide Services, and to be able to respond, reply to or get in touch with a particular Service User in connection with their posted Request for a Service.
You, as the Service Provider, shall follow certain rules and guidelines with respect to responding, offering, or providing a Service and you shall NOT DO any of the following:
In the event of your VIOLATION of any of the above-mentioned rules and guidelines, Shifting Suvidha has the right, and in its sole and absolute discretion, may take any of the following actions:
As a Service User, you acknowledge and agree that any Agreement or Contract entered into, by you and the Service Provider, directly or indirectly through the use of Our Website, is independent of Shifting Suvidha and that, We are not involved in, party to, or responsible for the same. All Service Users recognize and accept that Shifting Suvidha is only a portal or medium through which you can meet Service Providers for the use or provision of the required Services; and Shifting Suvidha itself has no role in the provision or execution of said Services.
Users of the Website and/or App do not have the right to bind Shifting Suvidha in a partnership, joint venture, employment, or any other respect as a result of these Terms or your use of Our Website or any of the provisions set forth herein. All Service Providers are independent Third-Parties who provide or offer required services relevant to Shifting Suvidha; and Service Users are independent individuals who require, request or use aforementioned Services.
As a User of the Website, whether you are a Service User or Service Provider, deciding whether or not to use or provide Services is your individual decision for which you alone are responsible. Any transactions and agreements made between Service User(s) and Service Provider(s) are solely limited to the two parties involved. As a Service User, you understand and acknowledge that Shifting Suvidha will not be responsible, party to, or involved in any such transactions or dealings carried out by you, directly or indirectly, through the use of Our Website.
Shifting Suvidha does not warrant or accept responsibility for the accuracy of the Content provided by the Service Providers in their Profiles and/or the fitness or suitability of any individual or organization you may decide to interact with. Service Users must exercise caution while interacting with the Service Providers and be aware of the person, individual or organization they are dealing with.You understand, acknowledge and agree that Shifting Suvidha only acts as a medium through which Service Users and Service Providers can meet each other to use or provide the Services; Shifting Suvidha ITSELF has no role in providing or executing the said Services.
Shifting Suvidha will make every effort to verify the background and reliability of the Service Provider(s) referred by us, by validating via telephonic and in-person discussion. However, you understand that Shifting Suvidha cannot guarantee a comprehensive investigation of the previous unlawful conducts of the Service Providers. Hence, it is the responsibility of the Service Users to take necessary precautions and conduct investigations from your end before getting into any such transactions or dealing with aforementioned Service Provider(s).YOU HEREBY AGREE THAT SHIFTING SUVIDHA SHALL NOT BE LIABLE TO THE SERVICE USER FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, INCURRED BY YOU AS A RESULT OF YOUR USE OF THE CONTENT OR SERVICES THROUGH OUR WEBSITE, OR ARISING FROM YOUR TRANSACTIONS OR DEALINGS WITH THE SERVICE PROVIDERS. IF THERE IS A DISPUTE BETWEEN THE SERVICE USER(S) AND SERVICE PROVIDER(S), YOU UNDERSTAND THAT SHIFTING SUVIDHA IS UNDER NO OBLIGATION TO BECOME INVOLVED AND YOU AGREE TO RELEASE SHIFTING SUVIDHA AND ITS TEAM FROM ANY DAMAGES AND CLAIMS, OF ANY KIND, ARISING OUT OF OR RELATED IN ANY WAY TO THE AFOREMENTIONED DISPUTES.
You may communicate with Shifting Suvidha, either through email or telephone, regarding any comments, ideas, suggestions, or related materials (collectively referred to herein as “Proposals”), proposing changes to the Website including but not limited to new functionalities or features therein. All such Proposals are, and will be treated as, non-confidential and non-proprietary. You hereby acknowledge and agree that Shifting Suvidha is free to use any ideas, suggestions, concepts, or technical properties contained in the Proposals submitted by you, for any purpose whatsoever including but not limited to licensing, marketing and selling (directly or indirectly) products and/or services, without providing any acknowledgment or compensation to you.
However, you understand and acknowledge that Shifting Suvidha is not obligated to use, display or implement the ideas, techniques, suggestions, or concepts contained in your submitted Proposals and you have no right to demand, enforce or require Shifting Suvidha to do so, or expect due recognition or compensation in the event that such Proposals are, in reality, implemented.
Accessing, using, or participating in the Shifting Suvidha Website, is free of cost for the Service Users, and will remain the same in the future as well, to find, use, or avail the desired Services.
To display, publish or post about the Services offered by You (Service Provider), on the Shifting Suvidha Website and/or App, a minimum chargeable fee is applicable.A. FEES
Shifting Suvidha requires Service Providers to make payments (“Fees”) to be able to respond or reply to Lead Requests posted, and to contact Service Users, irrespective of whether the Lead Request eventually results or converts into a confirmed transaction or not.
Shifting Suvidha requires Service Providers to make at least 1 Lead Request purchase every month (4 weeks).B. CREDITS
Service Providers are required to make advance payments (“Credits”) from which the Fees will be deducted as and when necessary.
Shifting Suvidha also requires Service Providers to maintain a minimum Credit limit in the Profile, failing which, the Service Providers will not be able to respond to any Lead Requests until they replenish the Credits. Therefore, Service Providers must ensure to refill Credits regularly, to be able to follow up on Service User Requests unhindered in the future.
Shifting Suvidha will not be liable to any Service Provider in the event that the Service Provider is unable to convert the Service User Request into a confirmed transaction for any reason or if the Service Provider is unable to respond or contact the Service User due to an exhausted Credit limit.C. SMS CHARGES
Shifting Suvidha will apply SMS charges to Service Providers if their Profile remains inactive for 4 weeks or more. SMS charges will be applied to Service Providers based on the duration of Their Profile inactivity. Charges will also vary according to the city in which the Service Provider is based out of.D. REACTIVATION CHARGES
⦁ Suspended Profile: If the Service Provider remains Inactive for a period of more than 3 months (12 weeks), the Profile will be suspended. Reactivation charges of Rs 1000/- will be imposed and the Service Provider will have to go through the complete Verification process and submit the full documents as required.
⦁ Blocked Profile: If the Service Provider has outstanding complaints, the Profile will be Blocked. Reactivation will be done only once the Service Provider resolves all pending complaints, provides all documents, completes verification, and pays the Security Deposit.
The Refund Policy is applicable only to Service Providers who are a part of Shifting Suvidha, as we do not charge Service Users for posting, requesting, or availing the Services through Us.
The Fees shall be reimbursed to the Service Providers in the form of Credits. The Service Provider is eligible for a refund of the Fees/Credits paid by them to respond to the Service User’s request, only in the following situations:
Shifting Suvidha reserves the right to change, modify, or discontinue the Website and/or App (in part or as a whole) from time to time or at any time, either temporarily or permanently, with or without prior notice; and you agree that Shifting Suvidha shall not be liable to you or to any other Third-Party for the same.
Shifting Suvidha, in its sole discretion, has the right to delete, suspend, terminate or deactivate your Profile, block your Email or IP Address, terminate your access to the Website and/or App (in part or as a whole), and can remove, delete, edit, or modify any content submitted by you or published in the Shifting Suvidha Website and/or App, immediately, with or without prior notice, for any reason or no reason. To the maximum extent permitted by law, Shifting Suvidha is not obligated to return to you, any of the content or data you submitted to us.
All provisions of these Terms, which by nature should survive termination, shall survive termination, including without limitation, Disclaimers of Warranty and Limitation of Liability, Copyright and Intellectual Property Rights and Indemnification. You further acknowledge and agree that Shifting Suvidha shall not be liable to you or any Third-Party for the termination of your access to the Website and/or App.
Any content or information submitted by You on the Shifting Suvidha Website and/or App, including without limitation, Names, Contact details, Requests, Profile details, Reviews, and any other information or material published by you, is solely your responsibility and you agree to take the complete responsibility of posting, displaying or publishing such content on the Shifting Suvidha Website and/or App. Shifting Suvidha does not provide any warranties, assurance or guarantee regarding the Confidentiality of such Content submitted by you.
You agree that the Content submitted by you is provided on a non-confidential and non-proprietary basis and that Shifting Suvidha is free to use, display, and produce the Content on an unrestricted basis, on its Website and/or App for the purpose of providing the Services. You authorize that such Content is available to all the Users of the Shifting Suvidha Website and/or App.
Shifting Suvidha has the right to disclose such information including your personal information under the circumstances that:
You agree to defend, hold harmless and indemnify Shifting Suvidha from and against any and all Third-Party Claims, and Demands, Damages, Allegations, Obligations, Liabilities, Losses, Costs or Debt, and Expenses (including but not limited to Reasonable Advocate Fees and Costs) arising from or related to:
Pertaining to disputes arising between you and any Service Provider(s), you agree that Shifting Suvidha will not be party to, involved in or responsible for the same and you hereby release Shifting Suvidha from any and all Claims, Demands, Liabilities and Damages (special, exemplary, consequential, punitive, direct or indirect) of every kind and nature, known or unknown, resulting from or related to your use of our Website and/or any Services through the Website.
Before filing a formal lawsuit, we encourage you to first contact us directly via email: email@example.com, to seek a resolution through Alternative Dispute Resolution (ADR) which typically includes neutral evaluation, conciliation, negotiation, mediation and arbitration in lieu of courtroom trial.