Terms and Conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Parth Infosystems Pvt. Ltd (Owner of Nearlancer) relationship with you in relation to this website and the Process (as described below). The term "Nearlancer" or "us" or "we" refers to the owner of the website whose registered office is PARTH INFOSYSTEMS PRIVATE LIMITED, 565, Top Floor, shiv plaza, Sec-4, Gurgaon(Haryana) PIN - 122001, India. The term "you" refers to the user or viewer of our website. NOTE: Nearlancer does not provide the processs listed and nearlancer is not a process provider. It is a SOFTWARE or a Technology nearlancer which enables the user to book freelancers. It is upto the Third-Party Processmen or Process Providers to offer the processs which may be scheduled through the use of the Software or Process. Nearlancer offers information and a method to obtain such third party processs, but does not and does not intend to provide the processs or act in any way as a process provider and has no responsibility or liability for any processs provided to you by such Third parties.

 

I. USER(S) ELIGIBILITY

User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the process provided by NEARLANCER. The Processs provided by NEARLANCER are technology based.  Our Processs  are available only to those individuals or companies who can form legally binding contracts under the applicable law.. NEARLANCER advises its users that while accessing the web site, they must follow/abide by the related laws. NEARLANCER is not responsible for the possible consequences caused by your behaviour during use of the web site. NEARLANCER may, in its sole discretion, refuse the process to anyone at any time.

 

II. USER(S) AGREEMENT

 

This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the web site for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority.

This agreement applies to all NEARLANCER process offered on the web site, collectively with any additional terms and condition that may be applicable to the specific process used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular process, the provisions of the terms and conditions applicable to such specific Processs shall prevail.

III. AMENDMENT TO USER(S) AGREEMENT

 

NEARLANCER may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the process. Your continuous use of the Processs will signify your acceptance of the changed terms.

 

IV. INTELLECTUAL PROPERTY RIGHTS

 

NEARLANCER is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video, etc. The web site content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with NEARLANCER, its affiliates or licensor"s of NEARLANCER content, as the case may be.

 

All rights, not otherwise claimed under this agreement or by NEARLANCER.co.in, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. NEARLANCER does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the Processs contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Process.We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "AS IS " with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall NEARLANCER be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Process. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk. NEARLANCER reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the process or the web

 

All related icons and logos are registered trademarks or trademarks or process marks of NEARLANCER in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

 

Copyright

All content on this web site is the copyright of NEARLANCER except the third party content and link to third party the website on our website. Systematic retrieval of NEARLANCER content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from NEARLANCER is prohibited. In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of NEARLANCER Processs, you agree that you will not use the web site process to infringe the intellectual property rights of others in any way. NEARLANCER reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the NEARLANCER process, or if NEARLANCER believes that user(s) conduct is harmful to the interests of NEARLANCER, its affiliates, or other users, or for any other reason in NEARLANCER"s sole discretion, with or without cause.

 

V. USER ACCOUNTS, OFFERS AND PROMOTIONS

Nearlancer reserves the right to collect user data including name, contact information and other details to facilitate process or use of  its platform to avail process. All information collected from the user is on a bonafide basis. Misuse and misrepresentation of identity or contact details will lead to automated termination of processs or the use of the platform without prior notice to such users.  User accounts bearing contact number and email IDs are created and owned by Nearlancer. Any promotional discounts, offers and reward points accumulated can be revoked without prior notice in the event of suspicious account activity or malafide intent of the user.  In the case where the system is unable to establish unique identity of the user against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. Nearlancer  reserves  the full discretion to suspend a user"s account in the above event and does not have the liability to share any account information whatsoever.

VI. LINKS TO THIRD PARTY SITES

Links to third party sites are provided by web site as a convenience to user(s) and NEARLANCER does not have any control over such sites i.e content and resources provided by them. NEARLANCER may allow user(s) access to content, products or Processs offered by third parties through hyper links (in the form of word link, banners, channels or otherwise) to such Third Party"s web site. You are cautioned to read such sites" terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. NEARLANCER believes that user(s) acknowledge that NEARLANCER has no control over such third party"s site, does not monitor such sites, and NEARLANCER shall not be responsible or liable to anyone for such third party site, or any content, products or Processs made available on such a site.

VII. TERMINATION

Most content and some of the features on the web site are made available to visitors free of charge. However, NEARLANCER reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice. NEARLANCER also reserves the universal right to deny access to particular users to any/all of its Processs without any prior notice/explanation in order to protect the interests of NEARLANCER and/or other visitors to the web site. NEARLANCER reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.

VIII. Terms & Conditions for use of freelancers

The following Terms & Conditions shall apply to employerss utilizing the Processs offered by the Nearlancer for the hiring of freelancers:

The employers shall pay the process or labour cost, visit or transportation cost (if applicable) , convenience cost (if applicable) and any fee or levy presently payable or herein after imposed by the law or required to be paid for availing of the Local Processs. The employers shall ensure that he/she will not indulge in any of the following activities:

  • Misusing, soiling or damaging any of the devices (technical/non-technical) of the freelancers.
  • Asking the freelancers  to break any government rules for any purpose. The Freelancers has the right to refuse such a request by the employers. The Freelancers also has the right to refuse such a work or leave such employers"s office.
  • Misusing the Process or the Software for unlawful purposes or for causing nuisance, annoyance or inconvenience.
  • Sharing of confidential information such as your password, etc.

The employers agrees and acknowledges that the use of the Processs offered by Nearlancer is at the sole risk of the employers and that Nearlancer disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law. Without prejudice to the above, the Nearlancer makes no representation or warranty that:

  • The Processs will meet the employers"s requirements
  • The Processs will be uninterrupted, timely, secure, or error-free
  • The Nearlancer shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Employers arising out of the use of process offered by Nearlancer or due to the failure of Nearlancer to provide Processs to the Employers for any reason whatsoever including but not limited to the Employers"s non-compliance with the Processs" recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Nearlancer or any person or any organization involved in the above mentioned systems.
  • The Nearlancer will not be liable for any damages of any kind arising from the use of the Process offered by the Nearlancer, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

The Employers shall indemnify Nearlancer from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Nearlancer may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Processs by the Employers and shall pay such sums on demand on the Nearlancer. The Nearlancer is hereby authorized to use the location based information provided by any of the telecommunication companies when the Employers uses the mobile phone to make a Freelancers hiring. The location based information will be used only to facilitate and improve the probability of locating a Freelancers for the Employers. The Nearlancer shall be entitled to disclose to all companies within its group, or any government body as so required by the law or by directive or request from any government body, the particulars of the Employers in the possession of Nearlancer in any way as Nearlancer, in its absolute discretion, deems fit or if it considers it in its interests to do so. The Nearlancer shall be entitled at any time without giving any reason to terminate the hiring of Processmen done by the Employers. The Nearlancer encourages all its  employers  to take full responsibility of his/her items. In case of lost items inside the Nearlancer during the journey, Nearlancer will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same. If the Employers suspects any Freelancers of any wrongdoing (legal or illegal) or has any complaint in respect of the Processs or the use of the Processmen, the Employers has to inform Nearlancer of the same in writing within 24hours of using the Processs of Nearlancer. The Nearlancer shall not be liable for any conduct of the Processmen. However, the Nearlancer encourages you to notify it of any complaints that you may have against any Freelancers i that you may have hired using the Nearlancer"s Processs. The Nearlancer shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Employers shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at Nearlancer"s website at www.Nearlancer.co.in on the date that Nearlancer may indicate that such addition, variation or amendment is to come into effect. All the calls made to the Nearlancer"s call center are recorded by the Nearlancer for quality and training purposes. All Processmen registered with the Nearlancer could be continuously tracked using GPS for security reasons only. It is expressly made clear to you hereby that the Nearlancer does not own any process providers nor does it directly or indirectly employ any Processmen. Processmen are all supplied by third parties and the Nearlancer disclaims any and all liability in respect of the Processmen and processs provided alike. The Nearlancer has the right to use the employers contact information for its own marketing purposes. The Nearlancer may send regular SMS updates to the mobile numbers registered with it. . The above mentioned terms and conditions of use and/or Agreement and the Privacy Policy constitute the entire agreement between the User(s) and NEARLANCER with respect to access to and use of the web site and the Processs offered by NEARLANCER, superseding any prior written or oral agreements in relation to the same subject matter herein.

Disclaimer

The information contained in this website is for general information purposes only. The information is provided by NEARLANCER and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, processs, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of Nearlancer. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Nearlancer takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.