NRIWAY- Terms and Conditions

 

This Terms of Use Agreement was last updated: October 31st, 2018. This Terms of Use agreement is effective as of October 1, 2018.

OrangeLeaf Services Private Limited primarily operates controls and manages the Services (as defined below) provided by it from its corporate office at Shop No. 3, 9 - Khankoje Nagar Manewada Road Nagpur - 440024).

A. Acceptance of Terms

These Terms of Use enclose provisions that identify your limits, obligations and legal rights with respect to your use of and participation in (i) the OrangeLeaf Services Private Limited website and mobile application, including the classified advertisements, forums, various email functions and Internet links, and all content and OrangeLeaf Services Private Limited services available through the domain and sub-domains of OrangeLeaf Services Private Limited located at www.nriway.com, and (ii) online transactions between the website users who are providing services (each, a "Service Professional") and website users who are acquiring services through the Website.

The Website is owned and operated by OrangeLeaf Services Private Limited.

You acknowledge that the Website serves as a venue for the online distribution of user-submitted info connecting Service Professionals with the Service Users. Also, by visiting, registering, using or otherwise involving yourself in nriway.com, together with the Services offered, promoted, and displayed here. Furthermore, by clicking on "I have read and agree to the terms of use," you officially state that: (1) you are either a Professional or a potential User of the service, (2) you take the authority to go through the Terms of Use, (3) you authorize the transfer of payment for Services requested through the use of the Website, and (4) you consent to be bound by the terms and conditions of in addition to other credentials included by reference herein.

1. MODIFICATIONS

OrangeLeaf Services Private Limited reserves the right to amend, change, or else make improvements to the Terms of Use, and any other credentials integrated by reference herein to act in accordance with an authorized and regulatory framework and for other legal business functions. And OrangeLeaf Services Private Limited will post the amended Terms of Use at the domain of https://nriway.com/page/terms-of-service , at any time.

B. Membership and Accessibility

1. LICENSE TO ACCESS

OrangeLeaf Services Private Limited awards you a non-exclusive, revocable license to make use of the Website provided, that (i) you will not copy, distribute, or make derivative works of the Website in any medium without OrangeLeaf Services Private Limited's prior written consent; (ii) you will not change or amend any element of the Website other than as may be logically needed to use the Website for its proposed purposes; and (iii) you will proceed in agreement with the terms and conditions of the Terms of Use and in agreement with the entire applicable laws.

2. MEMBERSHIP ELIGIBILITY CRITERIA

Use of the website is accessible only to persons who are at least 18 years old and can form officially binding contracts under appropriate regulation. You signify, admit and consent 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 uphold the accurateness of such info, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation.

You need not register with OrangeLeaf Services Private Limited to simply visit and view the Website, but to access and participate in certain features of the Website; you will need to create a password-protected account ("Account"). To create an account, you have got to put your name and email address forward through the account registration page on the Website and generate 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 OrangeLeaf Services Private Limited in offering you a more personalized experience when making use of the Website. You may also register for an Account using your existing Google and Facebook account and log-in credentials (your "Third-Party Site Password").

You are solely responsible for safeguarding your NRIWAY website 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 OrangeLeaf Services Private Limited immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without OrangeLeaf Services Private Limited’s permission. You consent that you will not fake yourself or misrepresent yourself as somebody else.

You hereby expressly acknowledge and agree that you yourself and not OrangeLeaf Services Private Limited will be liable for your losses, damages etc. caused by an unofficial use of your Account. Notwithstanding the foregoing, you may be liable for the losses of OrangeLeaf Services Private Limited or others due to such unauthorized use.

An Account holder is at times referred to as a "Registered User" herein.

You accept and consent that you shall act in accordance with the following policy (the "Account Policies"):

You will not copy or distribute any part of the Website in any medium without OrangeLeaf Services Private Limited's prior written authorization.

You will not change or revise any element of the Website other than as may be logically required to use the Website for its proposed purpose.

You will provide accurate, precise, up to date and complete info when generating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain precise, factual, up to date 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 OrangeLeaf Services Private Limited's prior written approval.

You shall not in any way that transmits more request messages to the OrangeLeaf Services Private Limited servers, or any server of a OrangeLeaf Services Private Limited subsidiary or affiliate, in a given time frame than a person can logically generate in the same time period by making use of a conventional online web browser. OrangeLeaf Services Private Limited 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 OrangeLeaf Services Private Limited without express written permission from OrangeLeaf Services Private Limited.

You shall not take any action that (i) unreasonably encumbers or, in OrangeLeaf Services Private Limited'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 OrangeLeaf Services Private Limited's measures that are used to prevent or restrict access to the Website.

You consent not to gather or harvest any individually identifiable information from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

3. ADDITIONAL POLICIES

Your access to, use of, and participation in the Website is subject to the Terms of Use and all applicable OrangeLeaf Services Private Limited regulations, guidelines and additional policies that OrangeLeaf Services Private Limited may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that OrangeLeaf Services Private Limited publishes on the Website (the "Additional Policies").

C. Member Conduct

1. PROHIBITIONS ON SUBMITTED CONTENT

You must not post, upload, transfer, transmit, distribute, disseminate, or facilitate distribution of any content, together with text, pictures, sound, video, data, info, or software, to any component of the Website, together with your profile, your Offer, your preferred Service, or any outlooks or reviews associated with the Website, service, professional, or the user of the service that:

Misrepresent the source of anything you post, together with imitation of another person or individual or any fake or imprecise biographical info for any Service Professionals; generate links to external websites that breach the Terms of Use; is proposed to hurt or abuse any person under the age of 18 ("Minor") in any way; is intended to importune, or collect personally identifiable info of any Minor, including, but not restricted to, name, home address, email address, phone number, or the name of his or her school.

Invade somebody's privacy by making an effort to harvest, gather, store, or publish private or personally identifiable info, like names, phone numbers, email addresses, passwords, account info, credit card numbers, home address, or other contact info without their knowledge and permission.

Contains falsehoods or misrepresentation that might harm OrangeLeaf Services Private Limited or any third party

Is pornographic, harassing, vile, against the law, obscene, offensive, libelous, malicious, bullying, prejudiced, culturally, racially or ethnically hateful; provokes, advocates, or conveys pornography, obscenity, offensiveness, profanity, disgust, prejudice, racism, or unwarranted violence; encourages conduct that would be considered an illegal crime, give rise to civil accountability or infringe any law; promotes racial discrimination, hate or physical harm of any kind in opposition to any group or person; contains nudity, aggression or improper subject matter; or is otherwise out of place;

Is copyrighted, protected by trade secret or else subject to third-party proprietary rights, together with privacy and advertising rights, unless you are the proprietor of such rights or have authorization from the legal owner to post the content and to grant OrangeLeaf Services Private Limited all of the license rights approved herein;

Contains or promotes an prohibited or illegal copy of another person's copyrighted work, like pirated computer programs or links to them, info to avoid manufacture installed copy-protection campaign, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, education tools, or any other item the copy, display, use, presentation, or sharing of which infringes on another's exclusive rights, intellectual property right, or some other proprietary right;

Is proposed to intimidate, stalk, insult, deceive, degrade, victimize, or threaten an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity or sexual orientation, to provoke or encourage anybody else to do so;

Intends to damage or disturb another user's computer or would permit others to unlawfully access software or bypass security on websites or servers, including but not restricted, to spamming; impersonates, uses the identity of, or try to impersonate a OrangeLeaf Services Private Limited employee, agent, manager, host, another user, or any other person though any means;

Advertises or request a business not associated with or suitable for the Website (as determined by OrangeLeaf Services Private Limited in its sole discretion).

Has or can be considered "spam", "junk email", "pyramid schemes", "chain letters”, “affiliate marketing", or unsolicited commercial advertisement.

Contains advertising for online surveys, Ponzi schemes, credit counseling, discount cards, or online contests.

Distributes or includes viruses or any other technologies that might damage OrangeLeaf Services Private Limited or the interests or property of OrangeLeaf Services Private Limited users.

Contains links to marketable services or websites, except for those that allow pursuant to the Terms of Use is non-local or inappropriate content.

Contains one and the same content to other open Postings you have posted before now, or makes use of any type of automated device or computer program that permit the submission of Postings without the express written agreement of OrangeLeaf Services Private Limited

2. PROHIBITIONS ON SENDING MESSAGES

You must not mail messages to other users containing:

Offers to make nationwide or global money transfers for amounts more than the asking price of a service, with an intention to request a repayment of any portion of the payment; or

Unsolicited advertising or advertising of a service not presented on the Website or an external website.

3. NO DISCRIMINATION

1. Discriminatory Postings. Indian laws forbid any preference, restraint or bigotry based on race, color, religious conviction, sex, national origin, age, handicap or other protected class. OrangeLeaf Services Private Limited will not intentionally agree to any Posting that is in infringement of the law. OrangeLeaf Services Private Limited has the right, in its sole discretion and without previous notice to you; to right away remove any posting that shows discrimination or is any way in violation of any law.

2. PROHIBITIONS WITH RESPECT TO SERVICES

While using the Website, you must not:

Post content or matter of any improper kind or areas on the Website;

Infringe any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above

Fail to convey payment for Services acquired by you, unless the Service Professional has considerably changed the description of the Service description after you consult a contract for such Service, an apparent typographical error is made, or you cannot validate the Service Professional's identity.

Fail to perform Services obtained from you, unless the Service User fails to essentially meet the terms of the mutually settled upon contract for the Services, refuses to recompense a clear typographical error is made, or you cannot authenticate the Service User's identity; manipulate the cost of any Service or impede with other users' Postings.

circumvent or manipulate our fee structure, the billing process, or fees owed to OrangeLeaf Services Private Limited; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user);

Take any action that may challenge the Feedback or rating systems;

3. FEEDBACK

As a contributor to the Website, you consent to use cautious, careful, and good decision when leaving Feedback for a new user. The following actions make up unsuitable uses of Feedback: (a) intimidating to leave negative or unbiased Feedback for another user unless that user offers services not included in the original Posting or not approved to as part of the Service to be provided; (b) leaving comment in order to make the Service Professional or Service User materialize better than he or she actually is or was; and (c) including conditions in an Offer or Want that control a Service Professional or a Service User from leaving Feedback.

1. Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, OrangeLeaf Services Private Limited, in its sole discretion, may take any of the following actions: (i) call off your Feedback or any of your Postings; (ii) restrict your Account privileges; (iii) hang up your Account; and/or (iv) drop off your status earned via the Feedback page.

2. Reporting Inappropriate Use of Feedback. You may contact OrangeLeaf Services Private Limited regarding any inappropriate use of Feedback via-email at support@nriway.com.

3. Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning Feedback, OrangeLeaf Services Private Limited shall be the final arbiter of such dispute.

The prior lists of prohibitions offer instances and are not complete or limited. OrangeLeaf Services Private Limited reserves the right to (a) terminate your access to your Account, your ability to post to this Website (or the Services) and (b) decline, delete or take away, 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 OrangeLeaf Services Private Limited determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services. OrangeLeaf Services Private Limited 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 OrangeLeaf Services Private Limited deems appropriate in OrangeLeaf Services Private Limited's sole discretion. OrangeLeaf Services Private Limited 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 OrangeLeaf Services Private Limited's discretion, OrangeLeaf Services Private Limited will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet. OrangeLeaf Services Private Limited does not and cannot review every Posting posted to the Website. These prohibitions do not require OrangeLeaf Services Private Limited to monitor police or remove any Postings or other information submitted by you or any other user.

D. Rules for Service Professionals

1. PROFILES AND OFFERS MUST NOT BE FRAUDULENT

Subject to any exceptions set forward in these Terms of Use, if any, Service Professionals should not: (a) list Services or offers involving any Service in a category that is unsuitable for the Service they are providing; (b) fake the place at which they will offer a Service; (c) incorporate brand names or other inapt keywords in their Profile (d) use misleading titles that do not accurately describe the Service; or (e) include any information in their Profile that is fraudulent.

2. PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT ORANGELEAF SERVICES PRIVATE LIMITED FEES

Subject to any exceptions put forward in these Terms of Use, if any, Service Professionals must not: (a) provide a catalog or a link to a third-party website from which Service Users or any Registered User or user of the Website may obtain the Service directly; (b) exceed multiple Posting limits; (c) post a single Service but offer additional identical services in the Service description; (d) charge fees for traveling further than desired to provide the Service; (e) offer the opportunity through OrangeLeaf Services Private Limited to purchase the Service or any other service outside of OrangeLeaf Services Private Limited; (f) use their Profile page or username to promote services not offered on or through the Website and/or prohibited services.

In case we realize that any professional is involved in any of the above activities, OrangeLeaf Services Private Limited holds the sole discretion to blacklist the professional and withhold any outstanding credits or payments to the professional.

3. PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL WEBSITE USERS

Subject to any exceptions put forward in these Terms of Use, if any, Service Professionals should not: (a) solicit Service Users to mail cash or use other payment methods not specifically permitted by OrangeLeaf Services Private Limited as approved payment methods; (b) incorporate links that do not match to OrangeLeaf Services Private Limited's guidelines with respect to third-party links; (c) make use of certain kind of HTML and JavaScript in Postings, your Offer page, your Profile page, or your Wants page; (d) endorse raffles, prizes, bonuses, giveaways, games of chance, or arbitrary drawings; (e) make use of vulgarity in any Posting; (f) accept or credit a third-party service professional for services or products straight connected with your particular Posting (1) with more than 10 words of text at HTML font size greater than 3 and/or a logo of 88X33 pixels (2) with any promotional matter in association with that third-party corporation, and/or (3) with a link to the third-party's website with any info in addition to the Service provided by means of OrangeLeaf Services Private Limited; (g) incorporate third-party support in a Posting; or (h) generate a Posting that does not propose a Service.

4. CONSENT FOR REACHING OUT VIA PHONE CALL, SMS, EMAIL OR ANY OTHER FORM OF ELECTRONIC COMMUNICATION

It is further spelled out that your registration on the Website must be deemed to be your permission to be contacted for the reason mentioned above, (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have chosen out of receiving advertising calls and messages and (ii) by way of SMS or correspondence notifications or messages in any other electronic form

5. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS

If a Service Professional infringes any of the above-referenced rules in association with his or her Posting, OrangeLeaf Services Private Limited, in its sole discretion, may take any of the following proceedings: (a) call off the Posting; (b) limit the Service Professional's Account privileges; (c) hang up the Service Professional's Account; (d) cause the Service Professional to surrender any cost earned on a cancelled Posting; and/or (e) reduce the Service Professional's position earned by means of the Feedback page.

E. Rules for Service Users

1. SERVICE USERS SHOULD NOT TAKE ANY OF THESE ACTIONS:

(a) commit to buying or using a Service without making a payment; (b) sign up for, consult a fee for, use, or else solicit a Service with no aim of following through with your use of or compensation for the Service; (c) agree to buy a Service when you do not meet the Service Professional's terms as outlined in the Posting, or agree to buy a Service with the purpose of disturbing a Posting; or (d) abuse any choices made available at the moment or in the future by OrangeLeaf Services Private Limited in connection with the use or acquisition of any Service.

2. AUTHORIZATIONS FOR VIOLATING ANY OF THE RULES

If a Service User infringes any of the above-referenced rules in connection with his or her Posting, OrangeLeaf Services Private Limited, in its sole tact, may take any of the following actions: (a) call off the Posting; (b) limit the Service User's Account rights; (c) hang up the Service User's Account; and/or (d) drop off the Service User's status earned via the Feedback page.

F. Use of Submitted Content

1. NO CONFIDENTIALITY

The Website might now or in the future allow the submission of videos or other communications submitted by you and other users, together with or without restraint, your Offer, you’re Profile, your Wants, all Submitted Content, and any Feedback and the hosting, sharing, and/or publishing of such Submitted Content. You realize that whether or not such Submitted Content is published, OrangeLeaf Services Private Limited does not promise any privacy with respect to any Submitted Content.

You consent that any Submitted Content provided by you for which you approve to be searchable by Registered Users who have a way into the Website is provided on a non-proprietary and non-confidential basis. You agree that OrangeLeaf Services Private Limited should be free to use or distribute such freely searchable Submitted Content on an unhindered basis for the purpose of offering the Services.

You are conscious that any info provided by you in the Submitted Content towards locating a professional who normally is bound to uphold confidentiality under the law with his/her client is not extended to OrangeLeaf Services Private Limited.

OrangeLeaf Services Private Limited may also disclose user information including personal information if OrangeLeaf Services Private Limited 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 requirements of any governmental authority, (ii) would potentially mitigate OrangeLeaf Services Private Limited’s liability in an actual or prospective proceedings, (iii) is otherwise essential or suitable to defend our rights or property, or the rights or property of any individual or person, (iv) to implement this contract, or (v) as may be necessary or required to put off unlawful behavior.

2. YOUR OWNERSHIP RIGHTS AND LICENSE TO ORANGELEAF SERVICES PRIVATE LIMITED

By submitting the Submitted Content to OrangeLeaf Services Private Limited for posting on the Website, you hereby grant, and you represent and warrant that you have the right to grant, to OrangeLeaf Services Private Limited a perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Website and OrangeLeaf Services Private Limited's (and its successor's) business operations.

3. ORANGELEAF SERVICES PRIVATE LIMITED'S DISCLAIMERS AND RIGHT TO REMOVE

1. OrangeLeaf Services Private Limited does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and OrangeLeaf Services Private Limited expressly disclaims any and all liability in connection with all Submitted Content. OrangeLeaf Services Private Limited reserves the right to remove any Data or Submitted Content without prior notice. OrangeLeaf Services Private Limited will also terminate a user's access to the Website if he or she is determined to be a repeat infringer. OrangeLeaf Services Private Limited may remove such Submitted Content and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.

2. You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources.

3. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users.

5. SUGGESTIONS.

If you send or transmit any communications, comments, questions, suggestions, or related materials to OrangeLeaf Services Private Limited, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), signifying or advocating modifications to the Website, including, without restriction, new features or functionality connecting thereto, all such proposals are and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and OrangeLeaf Services Private Limited is free to use, without any attribution or compensation to you, any ideas, know-how, theories, procedures, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, advertising, and promotion, directly or in a roundabout way, products and services using such Suggestions. You understand and agree that OrangeLeaf Services Private Limited is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or procedures enclosed in the Suggestions, and you have no right to force such use, demonstration, reproduction, or distribution or look for acknowledgment if the Suggestions are in fact put into practice.

J. Copyright Infringement Take Down Procedure

OrangeLeaf Services Private Limited has high regard for intellectual property and expects the same level of standard to be employed by its users. OrangeLeaf Services Private Limited may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.

If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at support@nriway.com

(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;

(ii) classification of the material that is asserted to be infringing or to be the subject of infringing goings-on and that is to be removed or access to which is to be disabled at the Website, and info logically enough to allow OrangeLeaf Services Private Limited to locate the material.;

(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;

(iv) information reasonably sufficient to permit OrangeLeaf Services Private Limited to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

 

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