TERMS OF USE

Last Updated: 01 Sept 2024

Solvza Technologies Private Ltd (hereinafter referred to as "Company") operates the https://needsshout.com ("Website and Mobile Application").

Please read these terms of use (these "Terms of Use" & “Disclaimer”) carefully. By accessing or using the https://needsshout.com/ domain, any subdomain of this website (the "Website") and Mobile Application, and other services hosted by or on behalf of NeedsShout or its affiliated companies (including without limitation the Website and Mobile Application, the "Services"), you agree that you have read, understand and agree to comply with and be bound by these Terms and Conditions, whether or not you are a registered member of the Website and Mobile Application or other Services. Please also read our Privacy Policy, and Disclaimer carefully to understand what we do with the personal information that we collect as part of your interaction with the Services. These Terms and Conditions, including without limitation the Terms of Use, Privacy Policy, and Disclaimer, govern your use of the Services and constitute a legal contract between you and NeedsShout ("Company” or," "we" or "us").

This document is an electronic record in terms of The Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of NeedsShout Website/ Mobile Application https://needsshout.com/. 

NeedsShout (“Our”, “Us”, “We”, “Website”, “Site”, “Mobile Application”) Website and Mobile Application iis a community, networking and a hyper-local business listing platform and community forum, thereby connecting customers with merchants/ sellers/ freelancers of goods or services from marketplace. That NeedsShout in no manner endorses products/ services of the businesses listed on their platform. That the company does not have a joint venture or partnership with any of the business service providers listed on the platform.

The expressions “You”, “Your” or “User”, whenever the context so requires, for the purposes of these Terms of Use, shall mean any natural or legal person who may create by registration, membership account on this Website and Mobile Application or agree to avail Our Services through this Website and Mobile Application, or otherwise access Our Website and Mobile Application.

By accessing and/or using the website and/or Mobile Application, you signify your agreement to accept these Terms of Use. If you do not agree with any or all of the following terms, please do not access and/or use the website and Mobile Application. 

We reserve the right, at our sole discretion, to change or modify these Terms of Use at any time without prior notice. Such changes and/or modifications shall become effective immediately upon being posted/published on the website and Mobile Application herein.

Please review the Terms of Use from time-to-time. Your continued use of the website and Mobile Application following the posting of changes and/or modifications will constitute your acceptance of any revised Terms of Use. The company retains the right at any time to deny or suspend access to all or part of the website and Mobile Application to anyone who the company believes has violated any condition of this Terms of Use.

Restrictions; Use of Services

The following restrictions apply to your use of the Services: (i) you will not engage in any activity related to the Services that is contrary to applicable law, regulation or the terms of any agreements you have with the Company; (ii) you will not commercially exploit any part of the Services, except as expressly permitted by the Company; and (iii) all information and materials contained in the Services, except where otherwise expressly indicated, are owned and controlled by the Company. You may not use, modify, copy, distribute, frame, reproduce, republish, download, scrape, publicly display, publicly perform, post, transmit, sell or otherwise exploit any intellectual property or Content appearing on or through the Services, or create derivative works based on such Content or of website and Mobile Application, in any form or by any means, in whole or in part, without the Company’s prior written permission, unless expressly permitted elsewhere under these Terms and Conditions. You may not circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content.

Any unauthorized use of the Services, including but not limited to misuse or any other use in violation of these Terms and Conditions of any information or Content, is strictly prohibited. If you violate any of your obligations or restrictions set forth in these Terms and Conditions, your permission to use and access the Services and the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the information or content.

You have to create an account in order to use the website and Mobile Application. You are obligated not to gain unauthorized access to the Services, or any account, computer system or network connected to the Services, for example, through hacking, password mining or any other illicit or unauthorized means.

When accessing or using the Services, you are strictly prohibited from and you are hereby obligated NOT to:

a. Write any unsolicited communications or social media reviews or defamatory statements or advertising not expressly authorized by the Company in writing, including without limitation promotional materials, affiliate marketing, junk mail, spam, link referral code, chain letters, or pyramid schemes, or post links to external websites, unless integral to the conversation, as determined by the Company in the Company’s sole discretion;

b. try to upload any material that contains software viruses, worms, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

c. use the Services to impersonate any person or entity, including but not limited to an employee of the Company or its affiliated companies, or falsely state or otherwise misrepresent yourself, your age or your affiliation with a person or entity;

d. instigate or encourage others to commit illegal activities or cause injury or property damage to any person;

e. intentionally or unintentionally violate any applicable local, state, national or international law;

f. violate the terms of any third party website or service, or the terms of any other agreement with any third party;

g. Authorize others to use your account;

h. Assign or otherwise transfer your account to any third person or legal entity;

i. Use the Service or Website or Mobile Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;

j. Use the Service or Website or Mobile Application to cause nuisance, annoyance or inconvenience;

k. Use the Service or Website or Mobile Application with an incompatible or unauthorized device;

l. Impair the proper operation of the network and/or interfere with or disrupt the integrity or performance of the Website and Mobile Application;

m. Reverse engineer or access the Service or Website or Mobile Application in order to design or build a competitive product or service, design or build a product using similar ideas, features, functions or graphics of the Website or Mobile Application or copy any ideas, features, functions or graphics of the Website or Mobile Application,

n. Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website or Mobile Application or Service;

o. Try to harm the Service or Website or Mobile Application in any way whatsoever;

p. Prior written consent; and

q. Disclose information designated as confidential by the Company, without Company’s Copy or distribute the Service or Website or Mobile Application or other Company content without written permission from the Company.

r. Disclose the information shared by the Customer other than that for providing the service.

 

You are solely responsible for any breach of your obligations under this agreement (including financial obligations or insufficient service provided to the customer) and for the consequences (including any loss or damage which the Company may suffer) of any such breach and the Company shall be at discretion to take necessary legal action against you.

NeedsShout shall act on the basis of the information that may be submitted by you, believing the same to be true and accurate even if the information is provided during the registration by any of your representative on your behalf under your express consent. NeedsShout is under no obligation to verify the accuracy or genuineness of the information submitted by you. You shall not make multiple accounts or fake accounts. The minimum age for registering in NeedsShout is 18 years. You represent and warrant that you have the right, authority and legal capability to enter into this Agreement and that you are neither prohibited nor disabled by any law in force from entering into a contract. If at any time NeedsShout, in its sole discretion, is of the opinion or has any reason to believe that You are not eligible to become a member or that you have made any misrepresentation about your eligibility or the details provided by you found to be incorrect, NeedsShout hereby reserves the right to forthwith terminate your membership and/or your right to use the services of NeedsShout without any refund of any monies paid to NeedsShout. It is expected that you would complete the registration process with fairness and honesty while furnishing your personal information. You further undertake that you alone shall be responsible or liable for any information provided in this application form. It is expressly provided that NeedsShout or its officers or any of its affiliates shall not be liable for any act or deed committed by any person on basis of any information or data provided by you in NeedsShout and you shall keep NeedsShout unconditionally indemnified at all times against all and any proceedings that may be initiated by any person on account of any act, deed on the basis of information provided by you in NeedsShout. In order to serve you better if NeedsShout requires additional details you agree to provide it.

NeedsShout further recommends the user to verify the identity of the service provider before availing any of the service from them. NeedsShout shall be not be held liable on the grounds of false or inaccurate information provided by the service provider and shall not be held liable for the authenticity of the service provider.

Your membership will automatically be suspended if you send "abusive, obscene or sexually oriented or discriminatory" message/s to other members. Messages sent to members of the opposite gender should be only for the lawful purpose. You are not allowed to misuse the services of NeedsShout and its community in the name of "Dating", "Flirting", "Friendship" etc.

Content and Intellectual Property

The content provided through the Services by the Company and its licensors or suppliers, including but not limited to anytext, graphics, software, photos, data, video, audio-visual combinations, interactive features, and other materials you may view on, or access through the Service (“Content”) is available on the Website and Mobile Application and all underlying software or technology used in connection with the Services ("Technology"), including but not limited to all intellectual property rights in and to the Content and Technology, is and remains at all times the property of NeedsShout. Nothing in these Terms and Conditions shall be interpreted as granting any license of intellectual property rights to you other than as explicitly set forth in these Terms and Conditions. If you would like to use any of our Content, you must first obtain written permission from Us by contacting us at [email protected]. The Company reserves the right to refuse permission for any reason or no reason.

Any use of the Content other than as expressly authorized herein, without the prior written permission of the Company, is strictly prohibited and shall immediately terminate your right to access and use the Services and all rights and licenses granted to you by these Terms and Conditions. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.

The trademarks, service marks, trade names and logos, including without limitation NeedsShout™ and any third party marks used and displayed through the Services are trademarks of NeedsShout or its licensors or affiliated companies or sponsors.

The animations, music, page headers, custom graphics, button icons, style sheets and scripts that contribute to the "look and feel" of the Services are service marks, trademarks or trade dress of the Company and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not expressly authorized by the Company in writing, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits the Company, its affiliated companies or its or their sponsors, licensors, partners, customers or suppliers.

The Company may also uses third-party user-generated content including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and branding, and the Company has no control over such third-party user-generated content as the Company is merely a fair user for the purposes of this Terms of Use. You may use such third-party user- generated information on the products and services purposely made available on the Website and Mobile Application, provided that you use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media and make no modifications to any such information. Your use of these third-party user generated content may be subject to the separate policies, terms of use, and fees of these third parties.

The Company owns, has licensed, or otherwise has rights to use all of the Content that appears in the Service, Website and Mobile Application, including content which may be created by the User herein. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any Content that appears in the Service, Website and Mobile Application.

The Company complies with all applicable Indian intellectual property laws. If you believe that your work has been copied in a way that constitutes intellectual property infringement, or your intellectual property rights have otherwise been violated, please provide the following information to the the Company:

1. a description of the copyrighted work or other intellectual property that you claim has been infringed;

2. a description of where the material that you claim is infringing is located on the Website and Mobile Application or other Services;

3. your address, telephone number and email address;

4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

5. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest, as applicable; and

6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on such owner’s behalf.

The Company can be reached as by e-mail: [email protected]

The Company will investigate the matter and, after such investigation and in its sole discretion, the Company may remove any infringing content from the Website and Mobile Application.

Similarly, if you believe that any content (reviews/ rating) on the Website or Mobile Application or Services violates any proprietary or other rights of yours (other than your copyrights), please contact us using the above contact information and describe your concerns or complaints.

Pricing Terms

The price for services mentioned by the service provider are soley based on their terms and conditions and NeedsShout not charging any commission for the service from service providers and buyers.

Suggestions and Feedback

Please note that we do accept or consider ideas, suggestions or materials. If you send us suggestions, ideas, notes, drawings, concepts or feedback related to the Services, all such submissions shall be and are hereby deemed to be confidential, and the Company shall not be and hereby is not liable for any use or disclosure of any such submissions. Without limitation of the foregoing, the Company shall be entitled to unrestricted use of any suggestions, ideas, notes, drawings, concepts or feedback related to the Services for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person or entity.

Third-Party Sites

These Terms and Conditions only relate to your use of the Services and do not relate to any other website and Mobile Application or Internet-based services, including websites and Mobile Application to which the Services may link ("Third-Party Sites"). We are not responsible or liable for any content, advertising, products, services, information or other materials on or available on Third-Party Sites. We also are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, products, services, information or other materials on Third-Party Sites. We have no control over Third-Party Sites, their content or their terms of use, and therefore we encourage you to review such content and terms of use prior to utilizing any Third-Party Sites or submitting any personal information to them.

The Company may provide experiences on social media platforms such as Pinterest®, Facebook®, Instagram® or Twitter® (X), etc. that enable online sharing and collaboration among users who have registered to use them. Users agree not to post any such defamatory statements on such social media platforms. Any content you post is subject to the terms of use and privacy policies of those platforms and related services. The Company has no control over such social media platforms or related services.

Termination

The Company reserves the right, in its sole discretion, to refuse, suspend, restrict or terminate your access to the Services, or any portion thereof, without notice and for any reason or no reason. Furthermore, the Company has the right, but not the obligation, to suspend or terminate your access to all or part of the Services:

a. At the request of law enforcement or other government agencies;

b. If the Services are discontinued or materially modified;

c. Upon the occurrence of any technical or security issues or problems; or

d. If you engage in any conduct that the Company believes, in its sole discretion, violates any provision of these Terms and Conditions or other incorporated agreements or guidelines or violates the rights of the Company or third parties.

In addition, the Company may terminate individual user accounts due to inactivity. You agree that upon termination the Company may delete all information related to you. You agree that none of the Released Entities will be liable to you or any third party for any termination or suspension of your account or for blocking your access to the Services.

CREDITS REFUND POLICY

Miscellaneous

If any provision of these Terms and Conditions is found to be invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

These Terms and Conditions, which includes the Privacy Policy and Disclaimer, represent the entire agreement between you and the Company relating to your right to access and use the Services, and supersedes any and all prior or written or oral agreements between you and the Company with respect to such subject matter.

Any failure on Our part to exercise any provision or right under these Terms of Use, shall not constitute a waiver by Us of that provision or right.

No waiver by the Company of any breach or default by you under these Terms and Conditions shall be deemed to be a waiver of any preceding or subsequent breach or default. Any waiver by the Company must be in writing signed by the Company.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms and Conditions must be filed within six months after such claim or cause of action arose or will be forever barred.

The User expressly undertakes to provide to the Company only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall dis-entitle the User from availing the services from Us.

In case the Company discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, the Company in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of any pending orders, etc. without any prior intimation to the User. In such an event, we shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of orders or any other booking confirmed on the website and Mobile Application.

The User unequivocally indemnifies the Company/ NeedsShout of any such claim or liability and shall not hold Us responsible for any loss or damage arising out of measures taken by Us for safeguarding its own interest and that of its genuine customers. This would also include Us denying/cancelling any bookings on account of suspected fraud transactions.

No provision of these Terms and Conditions provides any person or entity not a party to these Terms and Conditions with any remedy, claim, liability, reimbursement or cause of action, or creates any other third party beneficiary rights, except as expressly set forth in these Terms and Conditions.