Terms of Service

Welcome to www.website.community (“the Website Community Platform”). These Terms of Service govern your use of our website and the services offered herein. You agree to abide by these terms and conditions by accessing or using the Platform. Please read this document carefully before using our services. If you do not agree with any part of these terms, you may not use the Platform. These Terms of Service constitute a legally binding agreement between you and the Website Community. Throughout this document, “we,” “us,” and “our” refer to the Website Community, and “you” refers to the user of the Platform. These terms include important provisions relating to your rights and obligations, so we encourage you to review them thoroughly. If you have any questions or concerns regarding these terms, please get in touch with us.

Introduction

a. Explanation of the Purpose of the Platform

Website Community, herein referred to as “the Platform,” is an online marketplace designed to connect businesses within the web industry with potential clients seeking web-related services. Through this Platform, businesses can showcase their services, portfolios, and expertise, while users can efficiently discover and engage with providers offering tailored web solutions. The Platform’s primary purpose is to facilitate connections, foster collaboration, and enhance the visibility of businesses operating in the web industry.

b. Agreement to Terms

By accessing or using the Platform, you agree to be bound by these Terms of Service. These terms constitute a legally binding agreement between you and the Website Community. If you do not agree with any part of these terms, you must refrain from using the Platform. These Terms of Service govern your use of all features, services, and functionalities the Platform provides, whether as a business listing its services or a user seeking web-related services.

c. Acceptance of Terms by Users

In accessing or using the Platform, you affirmatively acknowledge that you have read, understood, and accepted these Terms of Service. Your use of the Platform indicates your agreement to comply with and be bound by all provisions outlined herein. If you are accessing the Platform on behalf of an entity, you further confirm that you have the authority to bind that entity to these terms. This agreement applies to all users, whether businesses listing services, advertisers, or individuals seeking web-related services.

User Registration and Accounts

a. Eligibility Criteria

To access certain features of the Platform, you must register for an account. By registering, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms of Service. If you are accessing the Platform on behalf of an entity, you further represent and warrant that you have the authority to bind that entity to these terms.

b. Account Creation and Security

You may create an account by providing accurate and complete information upon satisfying the eligibility criteria. You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify Website Community immediately of any unauthorised access to or use of your account or any other security breach. Website Community reserves the right to deactivate any user account at its sole discretion, at any time, for reasons including but not limited to violation of these terms or concerns regarding security.

c. Responsibility for Account Activity

You are solely responsible for all activities that occur under your account. You acknowledge that sharing your account information or allowing others to access the Platform using your credentials may result in unauthorised access to your account and potential harm to you or other users. You agree to indemnify and hold Website Community harmless from any loss, damage, or expense arising from your failure to comply with this section. Website Community is not liable for any loss or damage arising from your failure to comply with these obligations.

Listing Services

a. Free and Featured Listings

Website Community allows businesses within the web industry to list their services through free and featured (paid) options. Free listings allow businesses to showcase their services without charge, while featured listings, subject to an annual recurring fee, offer enhanced visibility and additional promotional features. Including a business in the featured listings is at the discretion of the Website Community and may be subject to additional criteria outlined in our guidelines.

b. Annual Recurring Fees

Businesses opting for featured listings on the Platform are subject to annual recurring fees. These fees contribute to maintaining the Platform and its services and promoting featured listings to a broader audience. The recurring nature of these fees ensures the continuous visibility of the business on the Platform for the agreed-upon duration. The fee structure for featured listings is detailed on the Platform and is subject to change at the discretion of the Website Community. Any changes to the fee structure will be communicated to users in accordance with the “Changes to Terms” clause outlined in these Terms of Service.

c. Payment Terms and Refund Policy

Annual recurring fee payments are processed through the Platform’s designated payment gateway. Users agree to provide accurate and up-to-date payment information and authorise the Website Community to charge the designated fees to the provided payment method. Payment is due in advance of the annual billing cycle. Website Community may, at its discretion, offer a refund within a specified period after the payment, as outlined in our Refund Policy. Refund eligibility criteria, if any, will be communicated on the Platform. Users are responsible for reviewing the payment terms and refund policy before completing transactions on the Platform.

User Conduct

a. Prohibited Activities

Users of the Website Community Platform are expected to conduct themselves in a manner that upholds the integrity of the community and adheres to legal and ethical standards. Prohibited activities include, but are not limited to:

Misrepresentation: Providing false or misleading information, including inaccurate business details or deceptive user profiles.
Unauthorised Access: Attempting to access or use another user’s account without authorisation or engaging in any activity that disrupts, damages, or interferes with the proper functioning of the Platform.
Illegal Content: Uploading, posting, or disseminating any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
Violation of Intellectual Property: Infringing on the intellectual property rights of others, including but not limited to copyrights, trademarks, and trade secrets.
Spam and Unsolicited Communication: Sending unsolicited messages, promotions, or other forms of spam to users of the Platform.
Malicious Software: Introducing or attempting to introduce malicious software, viruses, or any other disruptive technologies that may harm the Platform or its users.

b. Compliance with Laws

Users agree to comply with all applicable laws and regulations while using the Platform. This includes, but is not limited to, laws related to privacy, data protection, intellectual property, and any specific regulations governing the web industry. Users are responsible for understanding and adhering to the legal requirements relevant to using the Platform.

c. Reporting Violations

Website Community encourages users to promptly report violations of these Terms of Service or any suspicious or inappropriate behaviour observed on the Platform. Reports can be submitted through the designated reporting mechanisms available on the Platform. Website Community reserves the right to investigate and take appropriate action in response to reported violations, including, but not limited to, suspending or terminating user accounts and removing offending content. Users who knowingly make false reports may be subject to disciplinary action as outlined in these Terms of Service.

Communications and Transactions

a. Communication between Users

Website Community facilitates communication between users to engage in web-related services. Users agree to communicate in a professional, respectful, and lawful manner. Prohibited communication includes, but is not limited to, harassment, threats, solicitation, and any communication that violates the Platform’s policies or applicable laws. Website Community reserves the right to monitor, moderate, and take appropriate action regarding user communication to maintain a positive and secure environment on the Platform.

b. Transactions and Payments

Users engaging in transactions through the Platform, including but not limited to hiring services, purchasing sponsored content, or subscribing to advertising services, acknowledge and agree to the following:

Payment Authorisation: Users authorise the Website Community to charge the designated fees to the provided payment method by initiating a transaction. Users are responsible for ensuring the accuracy of their payment information.
Transaction Records: The Website Community will maintain records of transactions conducted on the Platform. Users can access transaction history through their accounts.
Currency and Pricing: All transactions are conducted in the currency specified on the Platform. Pricing for services, sponsored content, or advertising services is displayed on the Platform and is subject to change at the discretion of the Website Community. Pricing changes will be communicated to users in accordance with the “Changes to Terms” clause outlined in these Terms of Service.

c. Dispute Resolution

In a dispute between users or between a user and a Website Community, the parties agree to attempt resolution through good-faith negotiations. Users may utilise any dispute resolution mechanisms the Platform provides if a resolution cannot be reached. Website Community may, at its discretion, offer mediation or other alternative dispute resolution methods. In the absence of an amicable resolution, the parties agree to submit the dispute to binding arbitration in accordance with Arbitration Rules. The arbitrator’s decision will be final and binding, and judgment may be entered in any court with jurisdiction.

Using the Platform, users waive their right to participate in class-action lawsuits or class-wide arbitration against the Website Community.

Intellectual Property Rights (IPR)

a. Ownership of Content

Users retain ownership of all their content, including but not limited to text, images, videos, and other materials submitted or displayed on the Website Community Platform. By uploading or providing content, users represent that they have the necessary rights to do so and grant Website Community a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and display the content solely to operate, promote, and improve the Platform.

b. License Grant to the Platform

Users grant Website Community the right to use their business name, trademarks, logos, and other branding materials submitted to the Platform to promote and advertise the user’s services within the Website Community ecosystem. This license is non-exclusive, revocable, and limited to the duration of the user’s engagement with the Platform.

c. Copyright and Trademark Policy

Website Community respects the intellectual property rights of others and expects users to do the same. Users are prohibited from uploading, posting, or otherwise disseminating content infringing on third parties’ copyrights, trademarks, or other intellectual property rights. Website Community has implemented a Copyright and Trademark Policy, as outlined below:

Notice of Infringement: If a user believes that their intellectual property rights have been violated on the Platform, they may submit a notice of infringement to a Designated Contact. The notice should include specific details about the alleged infringement, including the intellectual property rights allegedly infringed, identification of the infringed material, and the user’s contact information.
Counter-notice: If a user believes their content was mistakenly removed or disabled due to a misidentification or misrepresentation of the material, they may submit a counter-notice to a Designated Contact. The counter-notice should include details about the content, identification information, and a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled due to a mistake or misidentification.
Action by Website Community: Upon receiving a notice of infringement or counter-notice, Website Community will review the provided information, take appropriate action, and, if necessary, may remove the allegedly infringing material or restore the disputed content.

Data Protection and Privacy

a. Collection and Use of Personal Information

Website Community is committed to safeguarding the privacy and security of user information. Users consent to collecting, processing, and using their personal information using the Platform outlined in the Privacy Policy. Personal information may include but is not limited to, names, contact details, business information, and any other information voluntarily provided by users. Website Community will process personal information to operate and improve the Platform, providing customer support and facilitating transactions.

b. Cookies and Tracking Technologies

The Platform utilises cookies and similar tracking technologies to enhance user experience, personalise content, and gather information about user interactions. Users may adjust their browser settings to manage cookie preferences; however, disabling cookies may impact certain features and functionalities of the Platform. Using the Platform, users consent to using cookies and tracking technologies as described in the Cookie Policy.

c. GDPR Compliance (if applicable)

If users are located in the European Union (EU) or the European Economic Area (EEA), the Website Community is committed to compliance with the General Data Protection Regulation (GDPR). In accordance with GDPR principles, users have the right to access, rectify, erase, or restrict the processing of their data. Users also have the right to data portability and the right to object to the processing of their data. To exercise these rights or for inquiries related to GDPR compliance, users may contact the Data Protection Officer at [Designated Contact].

Website Community is a data controller for the personal information collected through the Platform. The legal basis for processing personal data includes:

The necessity for the performance of the agreement.
Compliance with legal obligations.
The legitimate interests pursued by the Website Community.

Personal information is retained for as long as necessary to fulfil the purposes outlined in the Privacy Policy or as required by applicable law.

Users are encouraged to review the Privacy Policy for a detailed explanation of how Website Community handles personal information, including information on the lawful bases for processing, data retention, and user rights.

Liability and Disclaimers

a. Limitation of Liability

Website Community, its officers, directors, employees, affiliates, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

The use or inability to use the Platform.
Unauthorised access to or use of user information.
Statements or conduct of any third party on the Platform. iv. Any content posted on the Platform or transmitted to users.
Any errors or omissions in any content or for any loss or damage incurred due to the use of any content posted, emailed, transmitted, or otherwise made available on the Platform.

The total liability of Website Community for any claim arising out of or relating to these Terms of Service or the use of the Platform shall not exceed the amount paid by the user to Website Community within the twelve (12) months preceding the claim.

b. Disclaimer of Warranties

The Platform is provided “as is” and “as available” without any express or implied warranties. To the fullest extent permitted by applicable law, Website Community disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Website Community does not warrant that the Platform will be uninterrupted or error-free, that defects will be corrected, or that the Platform or the server that makes it available are free of viruses or other harmful components. Users acknowledge and agree that using the Platform is at their own risk.

c. Indemnification

Users agree to indemnify and hold Website Community, its officers, directors, employees, affiliates, and agents harmless from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:

The user’s access to or use of the Platform.
The user’s violation of these Terms of Service.
The user’s violation of any third-party right, including any intellectual property right or privacy right, without limitation.
Any claim that the user’s content caused damage to a third party.

Termination and Suspension

a. Grounds for Termination

Website Community reserves the right to terminate or suspend user accounts and access to the Platform, in whole or in part, for any reason or no reason, including but not limited to:

Violation of these Terms of Service.
Conduct that Website Community, in its sole discretion, deems harmful to other users, the Platform, or third parties.
Violation of applicable laws or regulations. iv. Conduct that the Website Community believes is fraudulent, deceptive, or involves the misuse of the Platform or other users’ information. v. Failure to pay fees for featured listings, sponsored content, or advertising services.

b. Process for Termination

In the event of a violation of these Terms of Service or any other grounds for termination, Website Community may take the following actions:

Provide the user with notice of the violation and an opportunity to remedy the situation within a specified timeframe.
Suspend the user’s access to the Platform while investigating the alleged violation.
Terminate the user’s account and access to the Platform if, at the sole discretion of the Website Community, the violation persists or is deemed irreparable.

Users may terminate their accounts anytime by following the account closure process provided on the Platform.

c. Effect of Termination

Upon termination of a user account, whether initiated by the user or the Website Community, the following effects will apply:

All rights and licenses granted to the user under these Terms of Service will immediately cease.
The user’s access to the Platform will be terminated.
Any outstanding fees or obligations owed to Website Community will become immediately due and payable. iv. Website Community may, at its discretion, retain or delete the user’s account information and content, subject to applicable laws and regulations.

Terminating an account does not relieve the user of any obligations incurred before termination or limit Website Community’s rights to pursue legal or equitable remedies for any breach of these Terms of Service.

Governing Law and Dispute Resolution

a. Choice of Law

These Terms of Service shall be governed by and construed in accordance with the laws of India. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts located in Mumbai, India.

b. jurisdiction

Users agree that any legal action or proceeding related to these Terms of Service or using the Website Community Platform shall be brought exclusively in Mumbai, India’s state or federal courts. Users consent to the jurisdiction of such courts and waive any objection to the venue or claim that the forum is inconvenient.

c. Dispute Resolution Mechanisms

In the event of any dispute, claim, or controversy arising out of or relating to these Terms of Service or the use of the Platform, the parties agree to engage in good faith negotiations to resolve the matter amicably. If a resolution cannot be reached through negotiations, the parties agree to submit the dispute to mediation in accordance with the rules of [Mediation Organization]. If mediation is unsuccessful, the parties agree to submit the dispute to binding arbitration in accordance with the rules of [Arbitration Organization]. The arbitrator’s decision (s) shall be final and binding, and judgment may be entered in any court with jurisdiction.

The parties further agree that dispute resolution proceedings will be conducted individually, not as a class or representative action. Users waive the right to participate in any class action or class-wide arbitration against the Website Community.

Modifications and Updates

a. Right to Modify Terms

Website Community reserves the right to modify, amend, or update these Terms of Service at any time, in its sole discretion. Changes may include, but are not limited to, updates to account functionalities, service offerings, fees, and the introduction of new features. Users should review these terms periodically to stay informed about any changes. The continued use of the Platform after the effective date of any modifications constitutes acceptance of the updated terms.

b. Notification of Changes

Website Community will make reasonable efforts to notify users of any material changes to these Terms of Service. Notifications may be provided through the Platform, via email, or other communication channels as deemed appropriate by the Website Community. Users acknowledge that they are responsible for reviewing these terms regularly to be aware of any modifications.

c. User’s Continued Use as Acceptance

Users signify their acceptance of the updated terms by continuing to use the Platform after the effective date of any modifications to these Terms of Service. If a user disagrees with any changes, their sole recourse is discontinuing using the Platform. Website Community is not liable for any loss or damage arising from a user’s failure to review and acknowledge updates to these terms.

Miscellaneous

a. Force Majeure

Website Community shall not be liable for any failure or delay in the performance of its obligations under these Terms of Service if such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, labour disputes, governmental actions, war, acts of terrorism, power outages, or network failures.

b. Entire Agreement

These Terms of Service constitute the entire agreement between the user and Website Community and supersede any prior agreements, understandings, or representations, whether oral or written. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Website Community’s failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

c. Severability

Suppose a court or other tribunal of competent jurisdiction finds any provision of these Terms of Service invalid, illegal, or unenforceable for any reason. In that case, that provision will be removed or limited to the minimum extent necessary so that the remaining provisions of these Terms of Service will remain in full force and effect.

Contact Information

a. Platform Contact Information

Users may contact us on the Contact Us page for general inquiries, feedback, or concerns related to the Website Community Platform.

b. User Support Channels

Website Community is committed to providing excellent user support. Users experiencing technical issues, seeking assistance, or requiring support may contact our dedicated support team through the Platform’s support channels or by email at [email protected].

c. Legal Contact Information

For matters related to legal inquiries, including but not limited to notices of infringement, claims, or other legal concerns, users may contact our legal team at [[email protected]].

15. Additional Policies

a. Community Guidelines

Users are required to adhere to the Community Guidelines outlined by Website Community. These guidelines set forth expectations for user conduct, content standards, and acceptable behaviour within the Platform. Violation of these guidelines may result in the termination of user accounts.

b. Review and Rating Policies

Website Community encourages users to provide honest and constructive feedback through reviews and ratings. However, users are required to adhere to the Review and Rating Policies to ensure fair and respectful evaluations. Website Community reserves the right to moderate and, if necessary, remove reviews or ratings that violate these policies.

c. Other specific policies relevant to the Platform

In addition to the above, the Website Community may have specific policies relevant to the nature of the Platform or the services offered. Users are encouraged to familiarise themselves with these policies, which may be accessible through the Platform.

These Terms of Service constitute a legally binding agreement between you and the Website Community governing your use of the Platform. By accessing or using our services, you acknowledge that you have read, understood, and agreed to abide by these terms and any additional policies referenced herein. We value the trust you place in us and are committed to providing a secure and transparent online environment.

If you have any questions or concerns or require assistance, please get in touch with us through the contact information provided in Section 14. We appreciate your cooperation in adhering to the outlined terms, community guidelines, and policies that collectively contribute to a positive and inclusive user experience.

Website Community reserves the right to modify these terms, and users are encouraged to review them periodically for updates. Your continued use of the Platform following any modifications indicates your acceptance of the revised terms.

Thank you for choosing Website Community. We look forward to facilitating meaningful connections and collaborations within the web industry through our Platform.

Sincerely,

Website.Community

Last Updated On: 2024/01/02