Agreement To Terms

Agreement to Terms - These Terms of Use ("Terms") constitute a legally binding contract between PluckWalk Technologies Private Limited and our affiliates (collectively, "Chitrakoota", "we" or "us"), and you, with respect to your use of all properties, whether available over the internet or otherwise, that are owned or operated by Chitrakoota (collectively, the "Properties"), and all products and services available from Chitrakoota, SPs (as defined below) or other third parties in connection with the Properties (individually and collectively with the Properties, the "Services"). By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

Changes to Terms - Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of and agreement to such changes. You further waive any right you may have to receive specific notice of such changes.

Consent - You affirm that you are at least eighteen (18) years of age and are fully able and competent to enter into and comply with these Terms. If you are accessing and using the Services on behalf of any legal entity, you represent that you have been duly authorised to bind such legal entity to these Terms. In that situation, "you" and "your" will refer to both you and that entity.

Services

Chitrakoota connects consumers and service providers of all types (individually, a "SP"). We help consumers discover and select a SP based on characteristics that matter most to them.

Chitrakoota will assist the customer to get the project completed as per contract agreed to between the customer and an SP. Once the contract has been approved and submitted to Chitrakoota and the project has commenced, Chitrakoota will assist in tracking the project.

Whilst we will act as an escrow account, (i.e. customers will remit payments to Chitrakoota, and we will release the requisite payment the concerned SP as and when the requisite milestone has been completed as per contract agreed to between the customer and the SP), Chitrakoota shall not be responsible for the timeliness or quality of services delivered by the SP.

Your Account

Initiating Service - You agree that any information you provide in creating your account is complete and accurate, and you agree to keep it up to date. For example, we provide some notices by email to your account, and you agree to keep that email current and valid as a method for providing notices under these Terms.

Accessing and Using Our Site and Services

Restrictions - You will not nor will you allow any third party to: modify, copy, or otherwise reproduce the Services in whole or in part; reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code form or structure of the software used in the Services; provide, lease or lend the Services to any third party; remove any proprietary notices or labels displayed on the Services; modify or create a derivative work of any part of the Services; or use the Services for any unlawful purpose or contrary to these Terms. You will (1) ensure that your Users comply with these Terms; (2) use commercially reasonable efforts to prevent unauthorized access to or use of the Services; and (3) use the Services only in accordance with the User Guide and applicable laws and government regulations.

Charges - You agree that use of any SP’s Services will result in charges to you for the products or services provided by such SP ("SP Charges") and that use of the Chitrakoota Services will result in charges to you for the products or services provided by Chitrakoota ("Chitrakoota Charges") (Chitrakoota Charges and SP Charges, collectively, "Charges"). You will be informed of Charges before products or services are provided by Chitrakoota or SPs, as applicable (including cancellation fees and terms, if any). You should confirm Charges each time you request products or services. Applicable tax will be added to all Charges where required by law.

Payment - Payments for charges are immediately due upon provision/start of applicable products and services. Payments are final and non-refundable and at discretion of Chitrakoota. Chitrakoota will merely facilitate your payment to SP. You acknowledge and agree that your purchases of services and products from any SP are transactions between you and that SP, and not with Chitrakoota.

Our Provision of the Services

Technical Support - As part of our Services, we will make our standard technical support available to you.

Chitrakoota shall be providing access to its business platform to all its registered users (both the SPs and the End Customers) in order to facilitate the provision of services from SP to End Customer and payment from End Customer to SP in accordance with the terms of the agreement between SP and End Customer. Chitrakoota shall neither be considered as a principal or an agent of either of the End Customer nor to that of any SP. Accordingly, Chitrakoota shall not be held liable in any manner pursuant to or for any transaction taking place between the users of Chitrakoota business platform.

Chitrakoota by providing such opportunities to the registered user of its platform strictly prohibits any user from uploading any illegal, defamatory, discriminatory, improper, indecent or objectionable content or materials in any manner whatsoever for any reasons. Amongst other remedies, Chitrakoota may delete the concerned user’s account immediately without any intimation to such user should any such content or materials be uploaded from any user’s account.

Service Cancellation Policy

Please check our service cancellation policy HERE

Compliance With Laws

Compliance with Applicable Laws and Regulations - You agree to comply with all central, state, and local laws, rules, and regulations related to or connected with use of the Services, and you assume all liability and responsibility for your use of the Services. If Chitrakoota reasonably determines that you are not in compliance with applicable laws in your use of the Services, we reserve the right to immediately suspend or terminate your use of the Services, and you will be solely responsible for any penalties and other sanctions for legal noncompliance.

Possible Suspension or Termination of Service for Non-Compliance - If, for any reason, Chitrakoota reasonably believes that your use of the Services is violating central, state, and/or local rules or regulations, or is harassing to consumers or businesses, Chitrakoota may suspend its Service to prevent further calling of those numbers through its Service. In addition, Chitrakoota may review your Service settings

Intellectual Property Rights

Except as expressly stated, these Terms do not grant either party any rights, implied or otherwise, to the other’s intellectual property (“IP Rights”). You own all IP Rights in your User Data and, as between us, Chitrakoota owns all IP Rights in the Site, Services, our trademarks and Chitrakoota Data. We welcome your suggestions and feedback on how to improve the Services. If you provide any suggestions, feedback, or improvements to the Site or Services, we will have the right to use and have others use such suggestions, feedback, and improvements for any purpose. Each party hereby makes any assignments necessary to accomplish the ownership provisions in this paragraph and will provide reasonable assistance to the other for such purposes.

Term And Termination

Suspension of Services - We may suspend or terminate your use of the Services if we have reason to believe: (i) you are using the Services in a manner that may cause harm to us or to a third party, including actions that violate any applicable laws, rules or regulations, (ii) your use is compromising the security of the Services or the privacy of our other customers; or (iii) you are engaging in other activity that could cause harm to us or a third party.

Warranties; Disclaimer

Warranty - Each party represents and warrants to the other party that (i) it has the power and authority to enter into and perform all obligations under these Terms, and (ii) it will comply with all applicable laws in its performance under these Terms.

No Endorsement; Estimates - Chitrakoota does not sponsor, endorse, recommend or approve of any SP who offers products or services through the Services. While we try to confirm that SPs meet certain requirements, we cannot and do not represent or warrant that any SP is licensed, qualified, bonded, insured or capable of performing any service. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by us. All non-Chitrakoota trademarks, product names and logos appearing on our Services are property of their respective owners. Any estimate provided in connection with the Services is only a guide, it is not a guarantee of the actual cost of your specific project. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Chitrakoota shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you agree that Chitrakoota is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Chitrakoota, its affiliates, and their respective officers, directors, employees, agents, advertisers, shareholders, licensors, licensees and suppliers from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You acknowledge and agree that this waiver is an essential and material term of these Terms, and that without such waiver, these Terms would not have been entered into by Chitrakoota.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, Chitrakoota DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, THIRD-PARTY SERVICES, OR MATERIALS PROVIDED BY Chitrakoota, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW, REPRESENTATION STATEMENTS, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. EACH PARTY WILL BE SOLELY AND INDIVIDUALLY RESPONSIBLE TO COMPLY WITH ALL LAWS AND REGULATIONS RELATING TO ITS RESPECTIVE BUSINESS OPERATIONS. You agree that the Services may be inaccessible or inoperable due to scheduled periodic maintenance and upgrades or for reasons beyond our reasonable control including but not limited to (i) equipment malfunctions, or (ii) service interruptions caused by independent telecommunications providers that provide voice and data connectivity to your or our data centers.

Indemnity; Release

Indemnity - You will defend, indemnify and hold us harmless against any claims, liabilities, expenses (including reasonable and all attorney’s fees) or damages arising from or relating to a third-party claim related to or arising from your use of the Services, unless otherwise expressly agreed to between us in writing.

RELEASE - YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO AND DO HEREBY RELEASE Chitrakoota, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVERTISERS, SHAREHOLDERS, LICENSORS, LICENSEES AND SUPPLIERS (COLLECTIVELY, THE "Chitrakoota PARTIES") FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, YOUR USE OF, OR TRANSACTIONS WITH, Chitrakoota, SPS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.

Limitation of Liability

IN NO EVENT WILL Chitrakoota BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, HOWSOEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING IN ANY WAY OUT OF THESE TERMS, EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE. IN ANY EVENT, Chitrakoota AGGREGATE LIABILITY ARISING UNDER OR PURSUANT TO THESE TERMS, REGARDLESS OF THE FORM OF THE ACTION (AND WHETHER IN CONTRACT OR IN TORT) WILL BE LIMITED TO THE GREATER OF (I) INR 100 (Indian Rupee - One Hundred Only), OR (II) TOTAL AMOUNTS ACTUALLY PAID BY YOU TO Chitrakoota UNDER THESE TERMS.

General

Assignment - You may not assign or otherwise transfer your rights or obligations under these Terms of Use. Chithrakoota may assign our rights and duties under these Terms without any such assignment being considered a change to the Term of Use and without any notice to you.

Dispute Resolution - Unless you have entered into an additional agreement with Chitrakoota that provides for an alternative dispute resolution mechanism, you agree that any dispute arising between you and Chitrakoota which cannot be resolved amicably, shall be conclusively resolved by a sole arbitrator. The Arbitration shall be conducted as per the Arbitration rules laid down under the Arbitration and Conciliation Act, 1996, and any modification/amendment effected thereafter from time to time. The arbitration shall be conducted in the English language and the award passed by the Arbitrator shall be final and binding on both parties. The cost of arbitration shall be borne by you, unless awarded otherwise.

Force Majeure - Chitrakoota will not be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond it’s reasonable control.

Entire Agreement - These Terms constitute the entire agreement between you and Chithrakoota concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Chitrakoota with respect to the Services.

Severability - If any provision of these Terms is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.

Waiver - No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Chithrakoota failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Modification of Services - We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.

Termination - We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Services, in whole or in part, and to block or prevent future access to and use of the Services. Third Party Beneficiaries. These Terms do not create any right of action on the part of any third party, except for the Chitrakoota Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights.

Attorney Fees - If the Chitrakoota Parties take legal action against you as a result of your violation of these Terms, the Chitrakoota Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to the Chithrakoota Parties. Contact Us.

If you have questions on these Terms, please contact us by email at contact@chithrakoota.com.