(Updated in May 2019)
This Agreement describes the terms and conditions that govern your use of our website located at www.sherlockzone.com or any part of the rest of the website or the Services. This Terms of Service Agreement (this “Agreement”) is a contract between you (“you” or “User”) and Vevida Consulting LLP. (“Sherlock Zone”, “wе,” or “uѕ,” аnd/оr “our”) (collectively, “WEBSITE”)
By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Agreement. If you do not agree to any of these terms or any future amendments, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
Please read this agreement carefully to ensure that you understand each provision. You understand and agree that the website is not a party to any agreements entered into between the service seekers and the service providers, nor is the website an agent or insurer. The website has no control over the conduct of service providers or other users of the service and disclaims all liability in this regard.
This Service is intended solely for people eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is strictly prohibited. The website reserves the right to limit or restrict access by any person, in our sole discretion.
End User License
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable, license to use the service on the website. The website may terminate this license at any time for any reason or no reason.
Registration and Acceptance
By registering for an account to use the website or website Services (an “Account”), or by clicking to accept the Terms of Service when prompted on the website, you agree to abide by this Agreement and the other Terms of Service.
If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company.
To register as a Service Provider you must, and hereby represent that you (a) have or are an employee or agent of and authorized to act for an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation, limited liability company, or other entity); (b) will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and the provision of Services on the website; and (c) a legal entity or an individual 18 years or older who can form legally binding contracts.
Account Profile and Privacy
To register for an Account to join the website, you must complete a User profile (“Profile”).
You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the website or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading.
Service Provider profiles are visible to all users of the platform. However, Client Profiles are not visible to anyone by default. The privacy status of the client’s profile changes depending on the activity of the client in the marketplace. The below image summarises the status change with each activity.
Privacy of Client Profile in Marketplace
Not visible to anyone
Client contacts the Service Provider
Service Provider(s) with whom contact is initiated can see the Client Profile
Client leaves a comment under any listing
Visible to all users of the marketplace
Client leaves a review on the profile of the Service Provider
Visible to all users of the marketplace
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business. By granting other Users permissions under your Account, including as a Team Member or Agency Member, you represent and warrant that (a) the User is authorized to act on your behalf, (b) you are financially responsible for the User’s actions taken in accordance with those permissions, including, if applicable, entering into binding contracts on behalf of the owner of the Account, and (c) you are fully responsible and liable for any action of any User to whom you have provided any permissions and any other person who uses the Account, including making payments and entering into Service Contracts and the Terms of Service. If any such User violates the Terms of Service, it may affect your ability to use the website. Upon closure of an Account, the website may close any or all related Accounts.
You agree not to have or register for more than one Account without express written permission from us. We reserve the right to revoke the privileges of the Account or access to or use of the website or Services, and those of any and all linked Accounts without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.
Identity and Location Verification
When you register for an Account and from time to time thereafter, your Account may be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on the website. You authorize the website, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business.
Usernames and Passwords
When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. You authorize the website to assume that any person using the website with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the website if (a) you are not authorized to use either or (b) the use would violate the Terms of Service.
Purpose and Relationship
The website is a marketplace where Clients and Professionals (Hereafter collectively called Service Providers) can identify each other and advertise, buy, and sell various services online.
Subject to the Terms of Service, we provide the website services to Users, including hosting and maintaining the website, facilitating the formation of Service Contracts, and assisting Users in resolving disputes which may arise in connection with those Service Contracts.
The website merely makes the services available to enable Service Providers and Clients to find and transact directly with each other. The website does not introduce Service Providers to Clients, find Tasks for Service Providers, or find Service Providers for Clients. Through the website, Service Providers may be notified of Clients that may be seeking the services they offer, and Clients may be notified of Service Providers that may offer the services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any Task, Client or Service Providers on their own. If Users decide to enter into a Service Contract, the Service Contract is directly between the Users and the website is not a party to that Service Contract.
You acknowledge, agree, and understand that the website is not a party to the relationship or any dealings between Client and Service Provider. Without limitation, Users are solely responsible for (a) ensuring the accuracy and legality of any User Content, (b) determining the suitability of other Users for a Service Contract (such as any interviews, vetting, background checks, or similar actions), (c) negotiating, agreeing to, and executing any terms or conditions of Service Contracts, (d) performing Services, or (e) paying for Service Contracts or Services. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Service Contract with another User and for verifying any information about another User.
The website does not make any representations about or guarantee the truth or accuracy of any Service Provider’s or Client’s listings or other User Content on the website; does not verify any feedback or information provided by Users about Servicer Provider or Clients; and does not vet or otherwise perform background checks on Service Providers or Clients. You acknowledge, agree, and understand that the website does not, in any way, supervise, direct, control, or evaluate Service Providers for their work and is not responsible for any Task, task terms or Task Services. The website makes no representations about and does not guarantee, and you agree not to hold us responsible for, the quality, safety, or legality of the services provider by the Service Providers; the qualifications, background, or identities of Users; the ability of Services Providers to deliver the Services; the ability of Clients to pay for Services; User Content, statements or posts made by Users; or the ability or willingness of a Client or Service Provider to actually complete a transaction.
You also acknowledge, agree, and understand that Services Providers are solely responsible for determining, and have the sole right to determine, which Task to accept; the time, place, manner, and means of providing any Services; the type of services they provide; and the price they charge for their services or how that pricing is determined or set. You further acknowledge, agree, and understand that: (i) you are not an employee of the website, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (ii) we will not have any liability or obligations under or related to Service Contracts and/or Services for any acts or omissions by you or other Users; (iii) we do not, in any way, supervise, direct, or control any Service Provider or the Services; does not impose quality standards or a deadline for completion of any Services; and does not dictate the performance, methods or process Service Provider uses to perform services; (iv) Service Provider is free to determine when and if to perform the Services, including the days worked and time periods of work, and we do not set or have any control over Service Provider’s pricing, work hours, work schedules, or work location, nor are we involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Service Provider for a Task; (v) Service Provider will be paid at such times and amounts as agreed with a Client in a given Service Contract, and we do not, in any way, provide or guarantee Service Provider a regular salary or any minimum, regular payment; (vi) we do not provide Service Providers with training or any equipment, labor, tools, or materials related to any Service Contract; and (vii) we do not provide the premises at which Service Provider will perform the work. Service Providers are free to use subcontractors or employees to perform Services and may delegate work on fixed-price contracts or by agreeing with their Clients to have hourly contracts for Service provider’s subcontractor(s) or employee(s). If a Service Provider uses subcontractors or employees, Service Provider further agrees and acknowledges that this paragraph applies to our relationship, if any, with Service Provider’s subcontractors and employees as well and Service Provider is solely responsible for Service Provider’s subcontractors and employees.
Nothing in this Agreement is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any User from engaging in any other business activities or providing any services through any other channels they choose. Users are free at all times to engage in such other business activities and services and are encouraged to do so.
Taxes and Benefits
Service Provider acknowledges and agrees that Service Provider is solely responsible (a) for all tax liability associated with payments received from Service Provider’s Clients and through the website, and that the website will not withhold any taxes from payments to Service Provider; (b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that Service Provider is not covered by or eligible for any insurance from Service Provider; (c) for determining whether Service Provider is required by applicable law to issue any particular invoices for the Service Provider Fees and for issuing any invoices so required; (d) for determining whether Service Provider is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Service Provider Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate.
In the event of an audit, Service Provider agrees to promptly cooperate with us and provide copies of Service Provider’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Service Provider is engaging in an independent business as represented to on the website.
Marketplace Feedback and User Content
You hereby acknowledge and agree that Users publish and request us to publish on their behalf information on the website about the User, such as feedback, geographical location, or verification of identity or credentials. However, such information is based solely on unverified data that Service Providers or Clients voluntarily submit to the website and does not constitute and will not be construed as an introduction, endorsement, or recommendation by the website; the website provides such information solely for the convenience of Users.
You acknowledge and agree that User feedback benefits the marketplace, all Users, and the efficiency of the website. You also acknowledge and agree that feedback results for you, including your Job Success Score, wherever referenced, and other User Content highlighted by us on the website or otherwise will include User comments, User ratings, indicators of User satisfaction, and other feedback left exclusively by other Users. You further acknowledge and agree that the website will make Information available to other Users, including compiled feedback. The website provides its feedback system as a means through which Users can share their opinions of other Users publicly, and the website does not monitor, influence, contribute to or censor these opinions. You acknowledge and agree that posted compiled feedback and any other Information relates only to the business advertised in the Profile and not to any individual person. You agree not to use this Information to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User.
We do not generally investigate any remarks posted by Users or other User Content for accuracy or reliability and does not guarantee that User Content is accurate. You are solely responsible for your User Content, including the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content if such User Content is legally actionable or defamatory. We are not legally responsible for any feedback or comments posted or made available on the website by any User(s) or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, we reserve the right (but is under no obligation) to remove posted feedback or information that, in our sole judgment, violates the Terms of Service or negatively affects our marketplace, diminishes the integrity of the feedback system or otherwise is inconsistent with the business interests of the website. You acknowledge and agree that you will notify us of any error or inaccurate statement in your feedback results and that if you do not do so, we may rely on the accuracy of such information.
Disputes and Cancellations
We encourage our Clients and Service Providers to try and settle conflicts amongst themselves.
Eligibility for requests to the website to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the website delivery system.
Please be advised that orders cannot be partially canceled (i.e. we can only cancel the entire order when it is justified).
Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Service Provider if the service was rendered as described in the listing page. Clients may rate their experience with the Service Provider on the order page, including the overall level of service quality received.
To the extent a User provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care. On a User’s written request, the party that received Confidential Information will promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control.
You may not use, or encourage, promote, facilitate, instruct or induce others to use, the website and its services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.
Reporting and Correcting Violations
You agree to defend, indemnify and hold harmless us and our subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service or Products; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of India or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
No guarantees of the functioning of the website service(s) are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage or loss that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.
Limitation of Liability
In no event shall we, our affiliates, agents, directors, employees, supplier, or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use this service, including without limitation any payments.
To the maximum extent permitted by applicable law, we assume no liability or responsibility for any (I) Errors, mistakes, or inaccuracies of content; (II) Personal injury or property damage of any nature whatsoever, resulting from your access to or use of our service or products; (III) Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (IV) Any interruption or cessation of transmission to or from the service; (V) Any bugs, viruses, or the like that may be transmitted to or through our service by any third party; (IV) Any errors or omissions in any content or for any loss or damage incurred as a result of the us of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (VII) User content or the defamatory, offensive, or illegal conduct of any third party. In no event shall we, our affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs. The limitations of damages set forth above are fundamental elements of the basis of the bargain between the website and you. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. The forgoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Records of Compliance
Users will each (a) create and maintain records to document satisfaction of their respective obligations under this Agreement, including, without limitation, their respective payment obligations and compliance with tax and employment laws, and (b) provide copies of such records to us upon request. Nothing in this subsection requires or will be construed as requiring us to supervise or monitor a User’s compliance with this Agreement, the other Terms of Service, or a Service Contract. You are solely responsible for creation, storage, and backup of your business records. This Agreement and any registration for or subsequent use of the website will not be construed as creating any responsibility on our part to store, backup, retain, or grant access to any information or data for any period.
Some of the services on the website are delivered physically. For these types of services, Service providers may decide to add shipping charges. Service providers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else). Clients who purchase services that require physical goods to be delivered, will be asked to provide a shipping address. Service providers are responsible for all shipping arrangements once the Client provides the shipping address. The website does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping. A tracking number is a great way to avoid disputes related to shipping. It is recommended to enter the tracking number if available in the order page when delivering your work.
In addition to the recognition that we are not a party to any contract between Users, you hereby release us, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers 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 any dispute you have with another User, whether it be at law or in equity that exist as of the time you enter into this agreement. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Service Provider’s Services provided to Client by a Service Provider and requests for refunds based upon disputes.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Service Fees for Service Providers
Service Providers pay the website a Service Fee for the use of the website. The website charges service fees to Service Providers for using the website’s communication, reporting, dispute resolution and payment services, including facilitating arbitration services. The Service Fees (to use the website and website Services) are paid solely by the Service Provider.
The website charges a 15% transaction fee for each paid transaction on the platform. This fee is charged automatically after each transaction.
Service Provider hereby irrevocably authorizes and instructs us to deduct the Service Fee from the payment received and pay us on Service Provider’s behalf.
Payment Gateway Fees and Foreign Currency Conversion
The website and the website Services operate in Indian Rupee.
The website uses PayPal as the payment gateway service provider.
PayPal’s processing fees and currency conversion fees (where applicable) apply while conducting a transaction on the website. PayPal’s fees and charges are available on its website.
You acknowledge and agree that a substantial portion of the compensation we receive for making the website available to you is collected through the Service Fee. The website only receives this Service Fee when a Client and a Service Provider pay and receive payment through the website. Therefore you agree to use the website as your exclusive method to request, make, and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party.
You agree to notify us immediately if a User suggests to you making or receiving payments outside of the website in violation of this terms. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to us by sending an email message to: email@example.com.
Paying and Communicating
Paying and communicating through the website helps ensure that you’re protected under our Terms of Service, cancellation and refund policies, dispute management and other safeguards. It also makes it easy to find and reference important order details like a listing’s details, and other useful information for our team to intervene. We can’t provide these benefits if your purchase isn’t done and paid for directly through the website.
Paying or communicating outside of the website also makes it harder for us to protect your information and puts you at greater risk of fraud and other security issues.
The Removal/Termination of a User
We may terminate your participation in the Service at any time, for any reason or no reason, without explanation. We maintain sole discretion to bar your use of the Service in the future, for any reason that we determine or for no reason. This Agreement will remain in effect after your participation in the Service terminates.
This Agreement, together with all amendments, all documents referenced in this Agreement, and any other legal notices and agreements published by us via the Service, shall constitute the entire agreement between you and us. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
We may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim must be arbitrated on an individual basis and must be brought in the party’s individual capacity, and not as a class member in any purported class or representative proceeding. To carry out the arbitration proceedings, the arbitrator shall be appointed by us and the place of arbitration shall be in Bengaluru, India. The judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or We may seek any interim or preliminary relief from a court of competent jurisdiction in Bengaluru, India, necessary to protect the rights or the property of you or our (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.
Complaints and Grievance Redressal
1. Level 1
2. Level 2
If the issue is not resolved even after contacting our support team, he/she can reach out to our grievance officer at:
Vevida Consulting LLP
#811,10th A Main,
Indiranagar, Bangalore – 38