Terms Of Services
‘thank U Gujarati’, (Herein after referred to as ‘TUG’) primarily operates, deals, controls and manages the Services (as defined below) provided by it from its corporate office at Manpasand Naviline No-3, Junavas, Madhapar,Ta.Bhuj-Kutch Pin Code – 370020 (Herein after referred to as ‘Corporate Office’)
- Acceptance of Terms
YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER THE INDIAN CONTRACT ACT, 1872 AND ALL OTHER APPLICABLE LAWS TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.
- Collection of Your Personal Information
- COLLECTION OF PERSONAL INFORMATION
“Personal information” is defined to include information that whether on its own or in combination with other information may be used to readily identify or contact you such as: name, address, email address, phone number etc.
We collect personal information from Service Professionals offering their products and services. This information is partially or completely accessible to all visitors using TUG’s website or mobile application, either directly or by submitting a request for a service. Service Professionals and customers are required to create an account to be able to access certain portions of our Website, such as to submit questions, participate in polls or surveys, to request a quote, to submit a bid in response to a quote, and request information. - Service Professionals, if and when they create and use an account with TUG, will be required to disclose and provide to TUG information including personal contact details, bank details, personal identification details (such as PAN card, Aadhar card, phonebook, call logs etc.) and participate in polls or surveys or feedbacks etc. Such information gathered shall be utilized to ensure greater customer satisfaction and help a customer satiate their needs. The type of personal information that we collect from you varies based on your particular interaction with our Website or mobile application.
Consumers: During the Account registration process and during your usage of TUG’s website or application, we will collect information such as your name, postal code, telephone email address and other personal information. You also may provide us with your, mailing address, and demographic information (e.g., gender, age, political preference, education, race or ethnic origin, and other information relevant to user surveys and/or offers). We may also collect personal information that you post in your Offer, Profile, Wants, or Feedback, and any comments or discussions you post in any blog, chat room, or other correspondence site on the Website or mobile application, or any comments you provide during dispute resolution with other users of the Website or mobile application.
Service Professionals: If you are a Service Professional and would like to post any information about yourself, we will require you to register for an Account. During the Account registration process, we will collect your business name, telephone number, address, zip code, travel preferences, a description of your services, a headline for your profile, first and last name, and email address. Other information may also be required to be provided to TUG whilst you avail and use TUG’s website or application. In addition, you may, but are not required to, provide other content or information about your business, including photographs and videos. We also may collect payment information, such as credit card information, from you.
Background Verification: The Service Professional acknowledges that as part of the on-boarding process, the Company or an entity /agency appointed or nominated by the Company (“Verifier”), may undertake background verification checks of the Service Professional in order to authenticate inter alia the genuineness and competency of the Service Professional. In light of the above, the Service Professional expressly consents to and acknowledges the following:
- i) The Service Professional does not and will not have any objection to TUG sharing the Service Professional’s personal information and documents, including but not limited to name, gender, date of birth, addresses, mobile number, email, education record, employment record, Aadhaar number, other government issued IDs such as Voter ID, PAN card, driving license etc. (collectively “Proprietary Information”) with the Verifier for the purpose of background checks and verification.
- ii) The Service Professional authorizes the Verifier to securely store the Service Professional’s Proprietary Information on their platform and understands that the Verifier shall endeavour to ensure confidentiality of the same.
- iii) The Service Professional acknowledges that the digital record of the Proprietary Information on the Verifier’s platform shall be accessible to TUG and TUG and their authorized users/partners/affiliates/contractors shall be entitled to access and update such digital record on the Verifier’s platform, including data, documents, certificates, verification reports, references, testimonials, etc. and shall be entitled to use the related services provided via the Verifier’s platform.
- iv) The Service Professional acknowledges that if the Service Professional is desirous of editing and/or deleting its digital record from the Verifier’s platform, it shall be entitled to do so by sending an email to such email address of the Verifier which shall be immediately provided by the Company to the Service Professional, and in such a manner as the Verifier requires the same.
- v) TUG reserves its right to take appropriate actions (in its sole discretion) pursuant to the outcome of the background check and verification.
TUG reserves the right to record the conversations between service professionals and consumers facilitated by TUG through the messaging/chat mechanism on the platform or the calls made through the virtual numbers provided to safeguard the privacy of consumers and service professionals. All the chat/messaging logs or call recordings can be used to but not limited to monitor and prohibit abuse, safeguard the rights of consumers and service professionals, resolve disputes.
If we deem it necessary, in our sole and absolute discretion, we may also ask for and collect supplemental information from third parties, such as information about your credit from a credit bureau (to the extent permitted by law), or information to verify any identification details you provide during registration.
- COLLECTION OF PERSONAL INFORMATION FROM SOCIAL NETWORKING SITES
You may log into our Website through your Facebook / gmail account. If you do so, you must enter the email address and password that you use for your Facebook / gmail account. We will ask that you grant us permission to access and collect your Facebook / gmail basic information (this includes your name, profile picture, gender, networks, user IDs, list of friends, date of birth, email address, and any other information you have set to public on your Facebook / gmail account). If you allow us to have access to this information, then we will have access to this information even if you have chosen not to make that information public.
We store the information that we receive from Facebook / gmail with other information that we collect from you or receive about you.
We may obtain your device ID, which is sent to TUG's servers and used in fraud prevention efforts.
Cookies. We and our third party service providers collect information from you by using cookies. A cookie is a small file stored on user's computer hard drive containing information about the user. The cookie helps us analyze web traffic or informs you about your use of a particular website. Cookies allow web applications to respond to you as an individual, tailoring its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. When you visit the Website, we may send one or more cookies (i.e., a small text file containing a string of alphanumeric characters) to your computer that identifies your browser.
Disabling Cookies. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you disable cookies you may be prevented from taking full advantage of the Website because it may not function properly if the ability to accept cookies is disabled.
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer's hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Website to, among other things, track the activities of Website visitors, help us manage content, and compile statistics about Website usage. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
- How TUG Uses the Information We Collect
- HOW PERSONAL INFORMATION IS USED
- We collect your personal information and aggregate information about the use of our Website and Services to better understand your needs and to provide you with a better Website experience. Specifically, we may use your personal information for any of the following reasons:
- To provide our Services to you, including registering you for our Services, verifying your identity and authority to use our Services, and to otherwise enable you to use our Website and our Services;
- For customer support and to respond to your inquiries;
- For internal record-keeping purposes;
- To process billing and payment, including sharing with third party payment gateways in connection with Website and/or TUG's products and Services;
- To improve and maintain our Website and our Services (for example, we track information entered through the "Search" function; this helps us determine which areas of our Website users like best and areas that we may want to enhance; we also will use for trouble-shooting purposes, where applicable);
- To periodically send promotional emails to the email address you provide regarding new products from TUG, special offers from TUG or other information about TUG that we think you may find interesting;
- To contact you via email, telephone, facsimile or mail, or, where requested, by text message, to deliver certain services or information you have requested;
- For TUG's market research purposes, including, but not limited to, the customization of the Website according to your interests;
- We may use your demographic information (i.e., age, postal code, residential and commercial addresses, and other various data) to more effectively facilitate the promotion of goods and services to appropriate target audiences and for other research and analytical purposes;
- We also may compare personal information collected through the Website and Services to verify its accuracy with personal information collected from third parties; and
- We may combine aggregate data with the personal information we collect about you.
- Electronic Newsletters, Invitations, Polls and Surveys
At our sole discretion, TUG may offer any of the following free services on the Website, which you may select to use or receive at your option. Certain of the following services may require you to provide additional personal information as detailed below:
- ELECTRONIC NEWSLETTERS
We may offer a free electronic newsletter to users. We will gather the email addresses of users who sign up for TUG for the newsletter mailing list. Users may remove themselves from this mailing list by opting out of receiving newsletters during the registration process, by following the link provided in each newsletter that points users to a subscription management page where the user can unsubscribe from receiving newsletters or by changing their preferences in their Profile Settings page.
- "SEND TO A FRIEND"
Our Website users can voluntarily choose to electronically forward a link, page, or document to someone else by clicking "send to a friend." To do so, the user must provide his or her email address, as well as the email address of the recipient. The user's email address is used only in the case of transmission errors and, of course, to let the recipient know who sent the email. The information is not used for any other purpose.
We may offer interactive polls to users so they can easily share their opinions with other users and see what our audience thinks about important issues, Services, and/or the Website. Opinions or other responses to polls are aggregated and are not identifiable to any particular user. We may use a system to "tag" users after they have voted, so they can vote only once on a particular question. This tag is not correlated with information about individual users.
We may conduct user surveys from time to time to better target our content to our Website users. We will not share individual responses from these surveys with any third party. We will share aggregate data with third party service providers, partners, and other third parties. We also will post aggregate data containing survey responses on our Website; that data may be viewed and downloaded by other users of our Website.
We employ procedural and technological security measures, which are reasonably designed to help protect your personal information from unauthorized access or disclosure. TUG may use encryption, passwords, and physical security measures to help protect your personal information against unauthorized access and disclosure. No security measures, however, are 100% complete. Therefore, we do not promise and cannot guarantee, and thus you should not expect, that your personal information or private communications will not be collected and used by others. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. TUG is not responsible for the unauthorized use of your information or for any lost, stolen, compromised passwords, or for any activity on your Account via unauthorized password activity.
We may share the information that we collect about you, including your personal information, as follows:
- INFORMATION DISCLOSED TO PROTECT US AND OTHERS
- INFORMATION DISCLOSED TO THIRD PARTY SERVICE PROVIDERS AND BUSINESS PARTNERS
We may contract with various third parties for the provision and maintenance of the Website, Services and our business operations, and TUG may need to share your personal information and data generated by cookies and aggregate information (collectively, "information") with these vendors and service agencies. For example, we may provide your information to a credit card processing company to process your payment. The vendors and service agencies will not receive any right to use your personal information beyond what is necessary to perform its obligations to provide the Services to you. If you complete a survey, we also may share your information with the survey provider; if we offer a survey in conjunction with another entity, we also will disclose the results to that entity.
- DISCLOSURE TO NON-AFFILIATED THIRD PARTIES IN FURTHERANCE OF YOUR REQUEST
Your request for services may be shared with third party websites with whom we have a contractual relationship in order to provide your request with maximum exposure. The post on the third party website will include the details of your request, including your location, and other contact details. Interested bidders, however, will be able to click on your request on such third party site, and will be directed to our Website where they will have access to your contact details (Partial or complete), as would any other service provider on our Website interested in bidding on your request.
- DISCLOSURE TO OTHER USERS OF OUR WEBSITE
If you are a Service Professional, the information that you post (other than your payment information) is available to other users of our Website and our Services. Comments that users post to our Website also will be available to other visitors to our Website (see our discussion of User Generated Content below). In addition, we will post the results (in aggregate form) of surveys to our Website. If you are a consumer, name, and location, as well as the details of your request, are available to all visitors to our Website. Bidding professionals also will be permitted to see the consumer's full name, telephone number, email address and the -location
- INFORMATION DISCLOSED TO LAW ENFORCEMENT OR GOVERNMENT OFFICIALS
We will disclose your information, including, without limitation, your name, city, state, telephone number, email address, user ID history, quoting and listing history, and fraud complaints, to law enforcement or other government officials if we are required to do so by law, regulation or other government authority or otherwise in cooperation with an investigation of a governmental authority.
- IN THE EVENT OF A CHANGE OF CONTROL OR BANKRUPTCY
In the event that TUG undergoes a change in control, including, without limitation, a merger or sale of all or substantially all of TUG's assets to which this Website relates or other corporate reorganization in which TUG participates, and is thus merged with or acquired by a third party entity (a "Successor"), TUG hereby reserves the right to transfer the information we have collected from the users of the Website and/or Services to such Successor.
In addition, in the event of TUG's bankruptcy, reorganization, receivership, or assignment for the benefit of creditors, or the application or laws or equitable principles affecting creditors' rights generally, TUG may not be able to control how your information is transferred, used, or treated and reserves the right to transfer the information we have collected from the users of the Website and/or Services to non-affiliated third parties in such event.
- INFORMATION DISCLOSED AT YOUR REQUEST
We may share your personal information with other Registered Users to whom you explicitly ask us to send your information or if you explicitly consent to such disclosure upon receipt of a specific Service. For instance, when you contract for a specific Service with another Registered User, TUG will send that Registered User a notice that includes the personal information that you have chosen to allow TUG to reveal to users with whom you contract.
- Links to External Websites
- Updating, Deleting and Correcting Your Personal Information
You may choose to restrict the collection or use of your personal information in the following ways:
- What Choices Do I Have Regarding Use of My Personal Information?
We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your Account or any Services you have requested or received from us.
- Third-Party Ad Networks
- Your Full Name and Use of TUG Information
- YOUR FULL NAME
As a Registered User of the Website you will select a Full Name during the registration process. All of your activities on the Website will be traceable to your Full Name. Certain other people, including other Registered Users with whom you have transacted business via the Website, can see a large part of your activity on the Website. If you book a service with a Registered User, cancel a scheduled service with a Registered User, receive an offer on your posted service from a Registered User, or have posted a service, TUG may send a notice to you or the appropriate Registered User that includes your Full Name. Thus, if you associate your real name with your Full Name, the people to whom you have revealed your name may be able to personally identify your Website activities.
- USING INFORMATION FROM TUG
The Website facilitates your sharing of personal information with others in order to negotiate, provide, and use the Services. If you agree to contract for a service with another Registered User, you may need to reveal your name, email, phone number, or personal address to that individual so that the service may be performed. Please respect the privacy of others. You agree to use the information of other users solely for the following purposes: (a) TUG-transaction-related purposes; and (b) using Services offered through the Website.
- ACCOUNT PROTECTION
Your password is the key to your Account. When creating your password you should use unique numbers, letters, special characters, and combinations thereof. In addition, DO NOT disclose your password to anyone. If you do share your password or your personal information with others, you are solely responsible for all actions taken via your Account. If you lose control of your password, you may lose substantial control over your personal information and be subject to legally binding actions taken on your behalf. Thus, IF YOUR PASSWORD HAS BEEN COMPROMISED FOR ANY REASON, YOU MUST IMMEDIATELY NOTIFY TUG TO CHANGE YOUR PASSWORD.
- User Generated Content
We invite you to post content on our Website, including your comments, feedback, pictures, and any other information that you would like to be available on our Website. If you post content to our Website, all of the information that you post will be available to all visitors to our Website. If you post your own content on our Website or Services, your posting may become public and TUG cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.
THIS POLICY IS CURRENT AS OF THE EFFECTIVE DATE SET FORTH ABOVE. TUG MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, CHANGE THIS POLICY FROM TIME TO TIME BY UPDATING THIS DOCUMENT. TUG WILL POST ITS UPDATED POLICY ON THE WEBSITE ON THIS PAGE. TUG ENCOURAGES YOU TO REVIEW THIS POLICY REGULARLY FOR ANY CHANGES. YOUR CONTINUED USE OF THIS WEBSITE AND/OR CONTINUED PROVISION OF PERSONAL INFORMATION TO US WILL BE SUBJECT TO THE TERMS OF THE THEN-CURRENT POLICY.
- Membership and Accessibility
- LICENSE TO ACCESS
- MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.
For gaining access and participate in certain features of the Website, you will need to create a password-protected account ("Account"). To create an account, you must submit your name and email address / phone number through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to ‘TUG’ in providing you with a more customized experience when using the Website. You may also register for an Account using your existing Facebook / gmail account and log-in credentials (your "Third-Party Site Password").
You are solely responsible for safeguarding your ‘TUG’ password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify ‘TUG’ immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without ‘TUG’’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.
You hereby expressly acknowledge and agree that you yourself and not ‘TUG’ will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of ‘TUG’ or others due to such unauthorized use.
An Account holder is sometimes referred to herein as a "Registered User."
You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):
- You will not copy or distribute any part of the Website in any medium without ‘TUG’'s prior written authorization.
- You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
- You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
- You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose without ‘TUG’'s prior written approval.
- You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a "mirrored", competitive, or third party site.
- You shall not in any way that transmits more request messages to the ‘TUG’ servers, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. ‘TUG’ reserves the right to revoke these exceptions either generally or in specific cases.
- You shall not recruit, solicit, or contact in any form Service Professionals or Service Users for employment or contracting for a business not affiliated with ‘TUG’ without express written permission from ‘TUG’.
- You shall not take any action that (i) unreasonably encumbers or, in ‘TUG’'s sole discretion, may unreasonably encumber the Website's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses ‘TUG’'s measures that are used to prevent or restrict access to the Website.
You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
- Member Conduct
- i) PROHIBITIONS ON SUBMITTED CONTENT
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile ("Profile"), the posting of your Service ("Offer"), the posting of your desired Service ("Want"), or the posting of any opinions or reviews in connection with the Website, the Service, the Service Professional, or the Service User ("Feedback") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:
- invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
- contains falsehoods or misrepresentations that could damage ‘TUG’ or any third party;
- is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
- is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant ‘TUG’ all of the license rights granted herein;
- contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
- is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
- intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a ‘TUG’ employee, agent, manager, host, another user, or any other person though any means;
- advertises or solicits a business not related to or appropriate for the Website (as determined by ‘TUG’ in its sole discretion);
- contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
- contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
- distributes or contains viruses or any other technologies that may harm ‘TUG’, or the interests or property of ‘TUG’ users
- contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of ‘TUG’
- ii) PROHIBITIONS ON SENDING MESSAGES
You will not send messages to other users containing:
- offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or
- unsolicited advertising or marketing of a service not offered on the Website or an external website.
iii) NO DISCRIMINATION
- Discriminatory Postings. Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. ‘TUG’ will not knowingly accept any Posting which is in violation of the law. ‘TUG’ has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.
- PROHIBITIONS WITH RESPECT TO SERVICES
While using the Website, you shall not:
- post content or items in any inappropriate category or areas on the Website;
- fail to deliver payment for Services purchased by you, unless the Service Professional has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Professional's identity;
- fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User's identity; manipulate the price of any Service or interfere with other users' Postings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to ‘TUG’; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user);
- take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website);
As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.
- Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, ‘TUG’, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.
- Reporting Inappropriate Use of Feedback. You may contact ‘TUG’ regarding any inappropriate use of Feedback via-email at support@’TUG’.com.
- Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning Feedback, ‘TUG’ shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE CONCERNING FEEDBACK, ‘TUG’ HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.
The foregoing lists of prohibitions provide examples and are not complete or exclusive. ‘TUG’ reserves the right to (a) terminate your access to your Account, your ability to post to this Website (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that ‘TUG’ determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services. ‘TUG’ reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that ‘TUG’ deems appropriate in ‘TUG’'s sole discretion. ‘TUG’ may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at ‘TUG’'s discretion, ‘TUG’ will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet. ’TUG’ does not and cannot review every Posting posted to the Website. These prohibitions do not require ‘TUG’ to monitor, police or remove any Postings or other information submitted by you or any other user.
- iv) Rules for Service Professionals
- PROFILES AND OFFERS MUST NOT BE FRAUDULENT
- PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT ‘TUG’ FEES
In case we realize that any professional is involved in any of the above activities, ‘TUG’ holds the sole discretion to blacklist the professional and withhold any outstanding credits or payments to the professional.
- PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL WEBSITE USERS
- CONSENT FOR REACHING OUT VIA PHONE CALL, SMS, EMAIL OR ANY OTHER FORM OF ELECTRONIC COMMUNICATION
It is further clarified that your registration on the Website shall be deemed to be your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form
- PRODUCTS UTILIZED WHILE RENDERING SERVICES TO THE SERVICE USER(S)
The Service Professional will procure the Products from ‘TUG’ only for rendering the Services facilitated through the ‘TUG’’s Platform. Any Product purchased by the Service Professional from ‘TUG’ shall only be used for the sole purpose of rendering services booked through ‘TUG’ Platform. Products sold by ‘TUG’ to the Service Professional should not be used for personal consumption by the Service Professional under any circumstances.
- PRECAUTIONS AND LIABILITY OF THE SECOND PART
‘TUG’ would not be responsible for any physical damage, loss of property or of any valuables, injury to any human being, animals etc. while performing or executing or dealing with the services by the ‘Service Professional’.
It would be the utmost responsibility of the ‘Service Professional’ to duly take care of the same.
- SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS
If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, ‘TUG’, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Professional's Account privileges; (c) suspend the Service Professional's Account; (d) cause the Service Professional to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Professional's status earned via the Feedback page.
- Rules for Service Users
- SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) directly dealing with the ;’Service Professional’; (d) agree to purchase a Service when you do not meet the Service Professional's terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (e) misuse any options made available now or in the future by ‘TUG’ in connection with the use or purchase of any Service.
- SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above-referenced rules in connection with his or her Posting, ‘TUG’, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User's Account privileges; (c) suspend the Service User's Account; and/or (d) decrease the Service User's status earned via the Feedback page.
- OTHER RULES
1) In case of any violation of rules, all warranties and service assurance will lapse with immediate effect.
2) Service user is required to inform the pre existing issues / potential risks to the ‘Service Professional’.
3) ‘TUG’ does not provide any warranty on the appliances / tools which are older than 4 years at the time of service. Further, the ‘Service Professional’ has a right to deny the service if the appliance / tools is in old condition or in non-repairable condition. The minimum fees as prescribed in the mentioned services will be still be responsibility of the ‘Service User’.
4) Warranty on the consumables, parts will be of the manufacturer only and TUG will not be responsible for the same.
5) ‘TUG’ will not provide any material bill, it will be provided by the ‘Service Professional’ directly.
- Use of Submitted Content
- NO CONFIDENTIALITY
The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, ‘TUG’ does not guarantee any confidentiality with respect to any Submitted Content.
You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non confidential basis. You agree that ‘TUG’ shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a doctor or a lawyer) is not extended to ‘TUG’.
‘TUG’ may also disclose user information including personal information if ‘TUG’ reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate ‘TUG’’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
- YOUR REPRESENTATIONS AND WARRANTIES
- YOUR OWNERSHIP RIGHTS AND LICENSE TO ‘TUG’
You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You may remove your Submitted Content from the Website at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
- ‘TUG’'S DISCLAIMERS AND RIGHT TO REMOVE
- ‘TUG’ does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and ‘TUG’ expressly disclaims any and all liability in connection with all Submitted Content. ‘TUG’ does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and ‘TUG’ will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the "take down" notification procedure described in Section J below, that such