Terms Of Service

JigyaQ is a brand name owned by WriterBabu Online Services Private Limited, which is an Indian company registered under the Companies Act, 1956, having its registered office at 193A, Pocket J&K, Dilshad Garden, New Delhi, India, PIN 110095 and its operational office at H.No.31, Ward 40, Hari Om Nagar, New Bailey Road, Danapur, Patna, Bihar, India, PIN 801503 (hereinafter referred to as “Company”, which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns).

The is document is being 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 and conditions of Use for access or usage of https://jigyaq.com and it's sub domains.

These Terms and Conditions and the Privacy Policy together constitute a legal agreement (“Agreement”) between the User and JigyaQ in connection with the User’s visit to the Website and use of the Services (as defined below). The domain name jigyaq.com (“Website/JigyaQ”) owns and operates online services provided by this Website to the Users.


Definitions:

  1. “Expert” is a person who has certain certification in a subject or has atleast 5 years of work experience working on that particular subject of which he has enough proof to ascertain that.
  2. “User” is a person, his/her representatives, affiliates, searching for Expert advice, suggestions, information on a particular subject through JigyaQ.
  3. ‘We’, ‘Us’ and ‘Our’ shall mean the Website or the Company as the context so requires.


Eligibility:

The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 187, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.


The Service:

JigyaQ provides an online platform which brings together Experts and Users. Experts can register themselves through a self signup process and set a fees for answering different types of questions related to their expertise on a per question basis. A User can browse through different categories and chose Experts from a listing of experts in that category. They can read the details of that Expert which the expert has submitted to be displayed on the platform. User can ask question to the Expert by paying the fees online through our partner payment gateways. Upon successful payment of fees the question is submitted to the Expert which the Expert can answer in their own time, not exceeding more than 7 working days.

The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Company or any of its affiliates/partners relating to any service availed of by the User on the Website or anything pursuant thereto.

It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Agreement.


Term:

These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:

  1. The User continues to access and use the Website; or
  2. The Transaction between the parties, if any, concludes to the satisfaction of both Parties

Whichever is longer; the Parties agree that certain portions of these Terms shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.


Terms of Use applicable to all Users:

  1. The User acknowledges and agrees that he/she is a restricted user of this Website, and that he/she shall not cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish, or create derivative works from, transfer, or sell any information/document/material or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is expressly prohibited.
  2. The User agrees to not post or upload data/information on the Website which may be offensive or objectionable and is not in accordance with the applicable laws. The User expressly agrees that any such material with applicable laws. The User expressly agrees that any such material that is deemed to be offensive/ objectionable may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked, at the sole discretion of JigyaQ.
  3. The terms “Personal Information” and “Sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy. JigyaQ may by its Services, collect information relating to the devices through which the User accesses the Website, and other anonymous data of its usage. The collected information will be used only for improving the quality of JigyaQ’s services and to build new services. The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
    • The fact that certain information is being collected.
    • The purpose for which the information is being collected.
    • The intended recipients of the information
    • The various rights available to such Users in respect of such information.
  4. The User shall alone be responsible for maintain the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all the usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify JigyaQ of any actual or suspected unauthorized use of the User’s account or password. Jigyaq shall not be liable for any losses that may have occurred to the User by any unauthorized use of account, however, the User may be liable for any losses that JigyaQ may incur due to unauthorized usage of the User’s account.
  5. JigyaQ shall not be responsible for the authenticity of the personal information or sensitive personal information supplied by the User to JigyaQ or to any other person acting on behalf of JigyaQ.
  6. If a User provides information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or JigyaQ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, JigyaQ has the right to discontinue services to the User at its sole discretion.
  7. The User further undertakes to not:
    • Collect or store data about other users of the website;
    • Abuse, harass, threaten, defame, abrogate, demean or violate the legal rights of any other person or entity;
    • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
    • Download any file/posted uploaded by another user of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
    • Use the Website or any material or content therein for any purpose that is unlawful or prohibited by the Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies);
    • Violate any code of conduct or guideline which may be applicable for or to any particular services or consultancy offered on the Website;
    • Violate any applicable laws, rules or regulations currently in force within or outside India;
    • Violate any portion of this Agreement, including but not limited to ay applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
    • Engage in solicitation of, other users of the Website to buy or sell any products or services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Website. It shall be a violation of the Agreement to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Website without the express prior written consent of the Company.


Terms of Use applicable to all Experts:

  1. The Expert shall promptly reply to the User after receiving the User’s communication and the fees. The threshold time for an Expert to answer the query received is within seven working days. The User can request for refund by sending an email to care@jigyaq.com for the questions which remain unanswered even after the threshold time until and unless otherwise specified by the Expert.
  2. The Expert understands and agrees that, JigyaQ at its sole discretion, at any time be entitled to show other Experts available for consultation.
  3. The Expert understands and ensures that it shall treat the User in the same way as it would have otherwise treated the User on a physical one-on-one consultation model.
  4. The Expert promises to comply with the applicable laws, rules, regulations, norms, guidelines, directions, notifications. In case of non-compliance with regard to adherein to the applicable laws, rules, regulations, directions or notifications by the Expert, JigyaQ shall have the right to replace such Expect for the purpose of consultation to the User or remove such Expert from the platform/JigyaQ/Website.
  5. It is also understood by the Expert that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws.


Charges

The use of this Website by the User, including browsing the Website is free of cost. The User is only required to pay for the service availed by it from the Expert. The Website will deduct its commission while paying the same to the experts.


Mode of Payment:

The following payment options are available on the Website, through our payment gateways:

  1. Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card and Amex Card networks;
  2. Visa and Master Card Debit cards;
  3. Netbanking/Direct Debit payments from select banks in India. A list of available options will be made available at the time of ‘checkout’.

The User and the Expert understand and accept that the process of payments options available at JigyaQ shall be regulated as per the guidelines, directions, notifications, circulars prescribed by the Reserve Bank of India and the financial institutions issuing the debit or credit cards. (Please explain here as to how the payment mechanism would work)


Security:

Transactions on the website shall be secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit card and debit card information is not received, stored by or retained by JigyaQ/ Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.


Refund and Cancellation:

Users can request for refund by sending an email to care@jigyaq.com for questions which remain unanswered after the threshold time which is 7 days until and unless specified otherwise by the Expert. The threshold time will be displayed on the Expert profile page and the Users are advised to check that to set the expectation appropriately. Once the refund request is raised via email the refund will be initiated within 7 working days and the amount shall be received by the User depending upon the banks involved the process.


Termination:

JigyaQ reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law. In cases where:

  1. such User breaches any terms and conditions of this Agreement including the Privacy Policy;
  2. a third party reports violation of any of its right as result of the User’s use of Service;
  3. JigyaQ is unable to verify or authenticate any information provided to it by the User;
  4. JigyaQ has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such user;
  5. JigyaQ believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for JigyaQ or are contrary to the interests of the Website.


Limitation of Liability

In no event, including but not limited to negligence, shall JigyaQ, or any of its directors, officers, employees, agents or content or service providers be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of , or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users.


Indemnity:

The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Company, its directors, affiliate service providers, consultant, recruiters, employees, officers, agents and their successors and assigns, against any and all claims, liabilities, damages, losses, costs and expenses, including consultant/ attorney’s fees, caused by or arising out of claims based upon the User’s actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfillment of any of the User’s obligations under this Agreement, or arising out of the User’s infringement of any applicable laws, rules and regulations, including but not limited to the infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.


Intellectual Property Rights:

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of WriterBabu Online Services Private Limited, its affiliates or its content suppliers and is protected by the copyright and trademark laws of India. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to sue any of Website’s brand names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, images and other distinctive brand features.

The User agrees to not create and/ or publish it’s own database that features substantial (eg: expert listings, fees) parts of this Website/JigyaQ without WriterBabu Online Services Private Limited and / or its affiliate's (as may be applicable) express written consent.

The User is aware that the products displayed on the Website are the artistic creations of their respective owners, and that all intellectual property, including but not limited to copyrights, relating to the said products resides with the said owners, and that at no point any such intellectual property stand transferred from the aforementioned creators to the Website/Company, or to the User.

The User/Expert undertakes to not use any of the intellectual property displayed on the Website in any manner that may cause or is likely to cause any confusion among existing or prospective Users of the Website.

The User is further aware that any reproduction or infringement of the Intellectual Property of the aforementioned owners by the User will result in legal action being initiated against the User by the Respective owners of the intellectual property so reproduced/infringed upon.


Applicable law and dispute settlement:

It is expressly agreed by the User that this Agreement and any contractual obligation between JigyaQ and User shall be governed by the laws of India.

Any dispute, claim or controversy arising out of or relating to this Agreement to arbitrate, including determination of the scope or applicability of this Agreement to arbitrate, or User’s use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator to be jointly appointed by such User and the Company. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

Courts at New Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, User’s use of the Website or the Services or the information to which it gives access.