Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and VeriHelp. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. VeriHelp may immediately terminate these Terms or any Services with respect to you, or generally cease offering, or deny access to, the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
VeriHelp may amend the Terms related to the Services from time to time. Amendments will be effective upon VeriHelp’s posting of such updated Terms at this location on the amended policies of supplemental terms of the applicable Service. Your continued access or use of the Services after such posting consitutes your consent to be bound by the Terms, as amended.
The Services constitute a technology platform that enables users of VeriHelp’s mobile applications, or websites provided as part of the Services, (“Application”) to manage independent third party informal workers, including but not limited to requesting background verification of the informal workers with the consent of such workers, assisting informal workers in applying for benefits such as insurance cover and loans, advertising job opportunities for informal workers, and advertising availability of information workers for additional work. Unless otherwise agreed by VeriHelp in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT THE INFORMAL WORKERS YOU ENGAGE USING VERIHELP’S TECHNOLOGY PLATFORM ARE INDEPENDENT THIRD PARTIES(“THIRD PARTY PROVIDERS”) WHO ARE NOT EMPLOYED BY VERIHELP OR ANY OF ITS AFFILIATES AND THAT VERIHELP IS NOT RESPONSIBLE IN ANY WAY FOR THE ACTIONS OF SUCH THIRD PARTY PROVIDERS.
Subject to your compliance with these Terms, VeriHelp grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) acces and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your pesonal, noncommercial use. Any rights not expressly granted herein are reserved by VeriHelp and VeriHelp’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by VeriHelp; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applciable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content
The Services and all rights therein are and shall remain VeriHelp’s property or the property of VeriHelp’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner VeriHelp’s company names, logos, product and service names, trademarks or services marks or those of VeriHelp’s licensors.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to VeriHelp certain personal information, such as your name, address and mobile phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or VeriHelp’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by VeriHelp in writing, you may only possess one Account.
User Requirements and Conduct
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from third party informal workers. You may not engage with third party informal workers under the age of 18 through the app. You may not assign or otherwise transfer your Account to any other pesron or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, make unsubstantiated or maliciously false statements or ratings against informal workers, or seed the Services with false profiles and data to mislead other users of the Services. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
Email and Text Messaging
By creating an Account, you agree that the Services may send you emails or text (SMS) messages as part of the normal business operation of your use of the Services.
User Provided Content
VeriHelp may, at VeriHelp’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to VeriHelp through the Services textual, audio, and/or visual content and information, including commentary, rating, and feedback related to the Services, initiation of support requests, and submission of your informal worker’s details (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to VeriHelp, you grant VeriHelp a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and VeriHelp’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant VeriHelp the licnese to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor VeriHelp’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawsful, or otherwise offensive, as determined by VeriHelp at its sole discretion, whether or not such material may be protected by law. VeriHelp may, but shall not be obligated to, review, monitor, or remove User Content, at VeriHelp’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. VeriHelp does not guarantee that the Services, or any portion thereof, will function or any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for Services or goods you receive from a Third Party Provider (“Compensation”). After you have received services or goods obtained through your use of the Service, VeriHelp will facilitate your payment of the applicable Compensation on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Compensation in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Compensation will be inclusive of applicable taxes where required by law. Compensation paid by you are final and non-refundable, unless otherwise determined by VeriHelp. In addition to the Compensation, VeriHelp may charge a nominal service fee (“Processing Charges”) at its sole discretion.
THE SERVICES ARE PROVIDE “AS IS” AND “AS AVAILABLE.” VERIHELP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, VERIHELP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. VERIHELP DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability
VERIHELP SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF VERIHELP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VERIHELP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF VERIHELP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VERIHELP SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND VERIHELP’S REASONABLE CONTROL. IN NO EVENT SHALL VERIHELP’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CUASE OF ACTION EXCEED ONE THOUSAND INDIAN RUPEES.
VERIHELP’S SERVICES MAY BE USED BY YOU TO MANAGE THIRD PARTY PROVIDERS AND THEIR SERVICES, BUT YOU AGREE THAT VERIHELP HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
You agree to indemnity and hold VeriHelp and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorney’s fees) arising out of or in connection with: (i) your use of the Serivces or services or goods obtained through your use of the Serivces; (ii) your breach or violation of any of these Terms; (iii) VeriHelp’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be resolved via arbitration by one (1) arbitrator appointed by VeriHelp. The existence and content of arbitration proceedings, including documents and briefs submitted by the parties including correspondence between either party and the arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party, unless (i) the disclosure to the third party is reasonably required in the context of conducting the arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
VeriHelp may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to VeriHelp by written communication to VeriHelp’s address at No. 26/1, 1st and 2nd Floor, IBIS Hotel, Hosur Road, Bommanahalli, Bangalore, Karnataka 560068, India.
You may not assign or transfer these Terms in whole or in part without VeriHelp’s prior written approval. You give your approval to VeriHelp for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of VeriHelp’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, VeriHelp or any Third Party Provider as a result of the contract between you and VeriHelp or use of the Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”