Terms and Conditions
Following are the user terms and conditions that are to be followed by the user while using www.growthmart.co (Henceforth referred to as the ‘Website’) and/or any of its services.
- As used, User means an individual who uses the Website or any services offered on it.
- As used, Freelancer refers to an individual who has offered to give his or her services on the Website.
- The Website is owned, managed and operated by GrowthMart Technology Labs Private Limited. (Henceforth referred to as ‘GrowthMart’ or the ‘Company’).
GrowthMart retains the right to change or terminate any or all features or services offered on the Website, User or Freelancer terms and conditions. GrowthMart advises Users to read the following terms and conditions thoroughly.
You Agree by Using This Service That You Are Above 18 Years of Age and Can Legally Enter Into a Legally Binding and Enforceable Contract.
Conditions of Service
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services.
This agreement is a contract between the User and GrowthMart for the User’s use of the Website or any services offered by it. By using the Website you are agreeing to and accepting and getting bound by this contract.
GrowthMart conducts background checks on Freelancers in order to make sure that the information supplied by them is correct and up to date however GrowthMart will not be held liable for and makes no representation, warranty or guarantee whatsoever of:
- The exactness and correctness of the information supplied by the Freelancer
- Ability of the Freelancer to provide service
- Service or advice provided by the Freelancer
- Satisfaction of the customer with regard to the services delivered by the Freelancer
- Adequate solution of the User’s question, doubt or query
- Suitability of the service or advice provided by the Freelancer to the User
- Communications between the User and the Freelancer
- Validity, accuracy, completeness, legality, safety, quality, applicability of any content on the Website
The User agrees to hereby release and hold harmless GrowthMart from any and all causes of action, claims of any nature and damages resulting from the advice of Freelancers accessed through the Website or from the content of the Website.
Each User at the time of registration will create a personal account with GrowthMart. This account will be used for all further correspondence regarding the sessions. The customer will also get regular email updates on the email address they have registered with. The customer is responsible for, maintaining the security of their account on the Website and its content, and for all activities that occur under the account and any other actions taken in connection with the Website. The customer must not describe or assign content to their account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and GrowthMart may change or remove any data considered inappropriate or unlawful, or otherwise likely to cause GrowthMart liability. The User must immediately notify GrowthMart of any unauthorised uses of their account or any other breaches of security. GrowthMart will not be liable for any acts or omissions by the customer, including any damages of any kind incurred as a result of such acts or omissions
Terms related to professionals requiring licensure and/or certification
This section contains terms that are in addition to (and not in lieu of) any other terms appearing in this Agreement.
If a User chooses to interact with any Freelancer in a field requiring licensure and/or certification, the User’s relationship, as with other Freelancer, is strictly with the Freelancer. GrowthMart is not involved in any way with the substance of that relationship or the advice or information given therein, and GrowthMart does not validate the information or advice provided.
The advice or services provided by all such professionals given above and other requiring license and/or certification is provided for career growth, development and informational purposes only and for no other purposes.
The User hereby releases and agrees to hold harmless GrowthMart and its affiliated companies and the directors, officers, employees, agents, successors, freelancers, consultants, assigns etc. of any of the foregoing, from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, advice, suggestion, information and/or service of any medical professional, mental health professional, physician, attorney or any other Freelancer in a field requiring licensure and/or certification, who may have been accessed from the Website.
GrowthMart Intellectual Property
The Website and any offline communication to the User or Freelancer contains copyrighted material, trade secrets and proprietary information owned by GrowthMart. This Agreement does not grant to the User any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Website or any communication whatsoever; or any material or information appearing on the Website or any services offered by GrowthMart. The User may not create any derivative work or technology based upon any trade secret, intellectual property, confidential or proprietary information of GrowthMart. Furthermore, the User may not sublicense, assign, transfer, sell or make any other commercial use of his or her membership in the Website.
The Customer may not adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of GrowthMart, or take any other action that infringes upon or impairs GrowthMart’s trademark or other intellectual property rights.
GrowthMart is the sole owner of all intellectual property, and in particular the copyright, trademarks, database and patents, in the Website and in any software, application, graphics, content and other materials used therein, including the organisation and selection of the materials contained therein. In addition, freelancers as otherwise expressly set forth or provided in this Agreement, GrowthMart shall retain all ownership rights in and to all content displayed on the Website or communicated otherwise including copies of data transferred or received by the User through the Website or otherwise through any offline communication. This section shall survive expiration or termination of this Agreement.
Disclaimer of Warranty
GrowthMart makes no warranty whatsoever for any services offered on the Website. The Website is a service that is offered ‘as is’ and GrowthMart will not be responsible for any error in the services, categorisation of Freelancer on the website or information provided by the Freelancer to the User through the website or any other method. The User must exercise caution in deciding to rely on information provided by the GrowthMart. The User’s use of the Website for any services offered is at their own risk and GrowthMart will not be responsible or liable for any delay, or interruption in or improper use by User, its employees or its agents of the Website and materials. The customer shall not have any claim against GrowthMart or its affiliates, officers, directors, shareholders, employees, managers, members, agents or contractors with respect to any advice or service provided by an Freelancer to the User to the fullest extent of the law, GrowthMart expressly disclaims all warranties or any kind, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy. GrowthMart does not make any guarantees or any representation or warranty regarding the timeliness, reliability, accuracy, completeness, correctness, or usefulness of the Website services or the appropriateness, fitness, or suitability of any activities to which the Website services relate.
Limitation of Liability
GrowthMart is not liable to the User for any direct, indirect, incidental, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, compensatory, special, or other intangible losses connected with or resulting from the User agreement or the User’s (or its employees or agents) use or misuse of the Website or any of its services. Under no circumstance will GrowthMart’s total liability of all kinds arising out of or related to the User’s (or its employees or agents) use or misuse of the Website, regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the total amount paid by the customer to the Freelancer in the past 2 months from the date of claim. The User will be solely responsible for any agreement made with a Freelancer and GrowthMart shall not be liable for enforcing any such agreement. The User hereby releases GrowthMart and its affiliates, and their respective officers, directors, shareholders, employees, managers, members, agents and contractors from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorney’s fees, which the User may have against one or more of the above in connection with any dispute regarding any transaction customer conducted through GrowthMart.
The Customer agrees that while using the services offered on the Website, he or she will abide by the following rules and regulations:
- The User agrees to pay GrowthMart for all services rendered to him or her and abide by the pricing terms set by the Freelancers while using the Website. The customer agrees that all interactions online or offline will be billed through the Website.
- The customer agrees to not make any deal or arrangements outside of the GrowthMart website or platform to have contact with Freelancers contacted through GrowthMart
- Customer agrees to provide GrowthMart an unlimited, irrevocable and royalty free license to use, reproduce, transmit, create derivative works or communicate to the public for publicity purposes, any information or content that he or she posts, transmits, receives or shares on the Website
- The User agrees not to undertake any action to undermine the integrity of the User Feedback & Rating system
- The User agrees to not be involved in any activity to disrupt servers or computers connected to the Website, gain unauthorised access to servers/computers connected to the Website; transmitting unlawful libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind
- The User will not violate any applicable local, state, national or international law
- The User will not upload, post, e-mail, transmit or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application; or (D) any information or material which may constitute or encourage conduct that is a criminal offense, civil wrong or which otherwise violates any applicable law
- The User agrees that opening any files sent or received across the Website is the sole risk of the customer and GrowthMart takes no responsibility of the material or content transferred through these files and any damage that may result from opening these files
- The User will not stalk, threaten or harass Freelancers or other Users or infringe upon or attempt to infringe upon their privacy
- The User shall be responsible for his or her own Internet access, software, and hardware necessary to conduct a consultation with an Freelancer
- The User shall be on time for any meeting scheduled with an Freelancer
- The User will not disobey or breach this agreement or any other instructions issued by GrowthMart through the Website
The User shall indemnify, defend and hold harmless GrowthMart and its members, managers, employees, representatives, agents and affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and attorney’s fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against GrowthMart or such party, to the extent that such a claim, suit, action or other proceeding is based on or arises from:
- Any breach of any representation, warranty, covenant or agreement to be performed by the User according to this Agreement.
- Refusal by the User to pay for services provided by the Freelancer.
- Any material/content shared by User whether through the Website or otherwise.
Fees and Payment
The User will pay the fees for the Freelancer Services offered through the Website as set forth on an Freelancer’s profile page on the Website, plus any applicable taxes. All Fees will be collected by GrowthMart prior to any service with a Freelancer.
The User may be asked to provide customary billing information, such as name, billing address and credit or debit card information, either to GrowthMart or its third party payment processor. The User agrees to pay GrowthMart for any scheduled Freelancer Services by one of the methods described on the Website. The User hereby authorises the collection of such amounts by charging the credit or debit card provided as part of requesting the Freelancer Services, whether charged directly by the Freelancer or indirectly, via a third party online payment processor or by any other payment method described on the Website.
Modifications to this Agreement
GrowthMart may change this Agreement or any part thereof at any time according to its absolute discretion and without any prior notice. Therefore, the User is encouraged to check the terms of this Agreement frequently. By using the website after any changes, the User agrees to be bound by such changes to this Agreement.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
Following are the Freelancer terms and conditions that are to be followed by the Freelancer while using www.growthmart.co (Henceforth may be referred to as the ‘Website’) and/or providing any service through www.growthmart.co.
As used, a Session is described as an interaction between a User and a Freelancer; pre-booked by the User on the Website for engagement being offered by such Freelancer. Said session is undertaken through one of the modes of communication with certain terms and conditions as described below.
GrowthMart retains the right to change or terminate any or all features or services offered on the Website, User or Freelancer terms and conditions.
YOU AGREE BY USING THIS SERVICE THAT YOU ARE ABOVE 18 YEARS OF AGE AND CAN LEGALLY ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.
Conditions of Service
By accepting to be a Freelancer on GrowthMart you agree that you have read, understood and are bound by the Terms, regardless of how you use this platform; if you do not wish to do the same then your only option is to discontinue the use of this Website.
This agreement is a contract between the Freelancer and GrowthMart for the Freelancer’s use of the Website or offering any services through it.
GrowthMart conducts no background checks on Users in order to make sure that the information supplied by them is correct and up to date and GrowthMart will not be held liable for and makes no representation, warranty or guarantee whatsoever of:
- The exactness and correctness of the information supplied by the User
- Communications between the User and the Freelancer
- Validity, accuracy, completeness, legality, safety, quality, applicability of any content on the Website
The Freelancer agrees to hereby release and hold harmless GrowthMart and all its members & officers from any and all causes of action, claims of any nature and damages resulting from the advice of Freelancer accessed through the Website or from the content of the Website.
It would be the duty of every Freelancer to:
- Make sure that the information given in their profile is true to his or her knowledge.
- Provide prompt updates to GrowthMart for any changes in the GrowthMart’s Profile
- Ensure that the information in his or her profile is updated as per current state of affairs.
Pricing the Service
GrowthMart Team will be charging a fee of 20% of the total project size to the Freelancer, which can be increased over time depending on their performance on the platform.
Cancelling a Service
In the event of the cancellation of a confirmed service by the Freelancer, it is the duty of the Freelancer to notify the GrowthMart as soon as possible.
Reviews & Ratings
The User will have an option to review and rate an Freelancer post having a session with them, based on their session experience
The ratings and reviews will be visible to all Users on the Website as a means to help them select the best Freelancer for their doubts.
Remuneration to the Freelancer will include pay per hour model based price for service delivered minus the GrowthMart Fee, TDS to the government and any discounts due to cancellations. GrowthMart will maintain a monthly tab on this due amount.
The amount due to the Freelancer will be paid on the last working day of each month through a bank transfer.
Non Availability of Freelancer
The Freelancer should notify GrowthMart if he or she would not be available to reply to users or hold service for a considerable amount of time which is a period greater than 15 days.
The said Freelancer would be obliged to hold all pending sessions in the leave duration failing which conditions of cancellation will apply. The Freelancer profile would accordingly be edited to inform potential customers that the Freelancer is temporary unavailable.
The Freelancer can terminate his or her association with GrowthMart at any point of time, without any notice period.
GrowthMart can terminate association with an Freelancer without any prior notification, notice period and reason. Any dues pending to the Freelancer (in the form of remuneration or any such amount) will be duly paid within one month of termination.
On termination of association, the profile of the GrowthMart will be removed from the Website within 7 working days.
At no point will the Freelancer’s personal information (including contact number, email address and other such information) be revealed by GrowthMart to any third party.
Official accounts assigned by GrowthMart shall be used for conducting of service and related communications.
Disclaimer of Warranty
GrowthMart and its associated vendors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. GrowthMart does not make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. Usage of the Website is at the Freelancer’s own discretion and risk.
Limitation of Liability
In No Event Shall GrowthMart Be Liable for Any Damage, Claim or Loss Incurred by a Freelancer, Including Without Limitation Compensatory, Incidental, Direct, Indirect, Special, Consequential or Exemplary Damages, Irrespective of Whether GrowthMart Has Been Informed of, Knew of, or Should Have Known of the Likelihood of Such Damages. This Limitation Applies to All Causes of Action in the Aggregate Including Without Limitation Breach of Contract, Breach of Warranty, Defamation, Negligence, Strict Liability, Misrepresentation, and Other Torts, as Well as Third-party Claims. If the Warranty Exclusions or Limitations of Liability Set Forth in This Use Agreement Are for Any Reason Held Unenforceable or Inapplicable, the Freelancer Agrees That Our Aggregate Liability Shall Not Exceed INR 5,000.
The Freelancer will indemnify, defend and hold harmless GrowthMart, and its members, managers, employees, representatives, agents and Affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against GrowthMart or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by the Freelancer according to this Agreement; (b) The Freelancer’s provision of service any third party, regardless of whether or not they are Users of GrowthMart; or (c) any materials that the Freelancer has posted to the Website and/or any content on Freelancer’s Website or otherwise provided to Users.
The Freelancer shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of GrowthMart. Any purported assignment by the Freelancer without the appropriate prior written approval of GrowthMart will be null and void and of no force or effect.
GrowthMart grants the Freelancer a nonexclusive, revocable right to use the Website provided that the Freelancer does not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement.
The Freelancer is responsible for, maintaining the security of their account on GrowthMart and its content, and for all activities that occur under the account and any other actions taken in connection with the Website. The Freelancer must not describe or assign content to their account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and GrowthMart may change or remove any data considered inappropriate or unlawful, or otherwise likely to cause GrowthMart liability. The Freelancer must immediately notify GrowthMart of any unauthorised uses of their account or any other breaches of security. GrowthMart will not be liable for any acts or omissions by the Freelancer, including any damages of any kind incurred as a result of such acts or omissions
The Freelancer hereby agrees to:
- Maintain such skills, qualifications and licenses, including remaining in good standing as licensed professional in any jurisdiction, as may be required by that jurisdiction, where the Freelancer practices his or her profession
- Provide only true and correct information to Users and not to mislead Users to believe that Freelancer can provide advice, consultation or counselling which is outside Freelancer’s field of expertise
- Respond to each service request and by the User within 48 hours of such request being submitted to the Freelancer
- Maintain appropriate equipment and internet connections in order to fulfil the service through email, audio and web chat conferences through accounts hosted by the GrowthMart
- Endeavour to accept as many requests for service as reasonably possible, provided, however, that GrowthMart shall not be expected to accept requests for services in situations that may place Freelancer’s business at risk, including competitive risks. GrowthMart will not be responsible for the verification of the identities of customers
- All contact between Freelancers, Users and any other users who are introduced through the GrowthMart website must be conducted only through GrowthMart. Any exchange of contact information or communication outside of the GrowthMart, whether via personal email, phone, in person or any other means, is strictly prohibited and is a violation of this Agreement
- The Freelancer will not take any actions which may undermine, disrupt or manipulate the integrity of the User feedback (rating) system on the Website.
- The Freelancer will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code
- The Freelancer will not participate in GrowthMart in any manner that is in violation of the rules, regulations or code of conduct of his or her current employer(s), including not divulging any restricted, confidential or otherwise proprietary information of any sort
- GrowthMart will not upload, post, e-mail, transmit or otherwise make available: (a) any information or material that infringes a third party right, especially copyright or other intellectual property rights; (b) any third party advertisements; (c) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law
- The Freelancer will not impersonate any person or entity, or make any false statement regarding the Freelancer’s employment, agency or affiliation with any person or entity.
- The Freelancer will not harm, stalk, threaten or harass Users or other Freelancers or invade or attempt to invade their privacy
- The Freelancer will not disclose any information that was provided to the Freelancer by a User and will use his or her best efforts to guard the User’s privacy
- GrowthMart may, in its absolute discretion, record calls for quality and assessment purposes.
- GrowthMart may review the Freelancer’s personal profile and amend any typing or spelling errors. GrowthMart may, in its absolute discretion, remove or refuse to post or transmit in part or full any content uploaded by the Freelancer. In such case, GrowthMart may, but is under no obligation to, notify the Freelancer of such removal or refusal. Without limiting the foregoing, Freelancer may remove any content violating this Agreement. The Freelancer will bear all the risks associated with uploading and transmitting material utilising the Website, including reliance on its accuracy, reliability or legality.
Use of Site
The Freelancer agrees not to use the site to:
- Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site
- Upload, post, transmitted it or otherwise make available any unsolicited or unauthorised advertising, promotional materials or any other form of solicitation
- Upload, post, transmit or otherwise make available any material that contains software viruses 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
- Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website
- Collect or store personal data about other users in connection with the prohibited conduct and activities set forth above
- GrowthMart assumes no responsibility for monitoring the Website for inappropriate Content or conduct. If at any time GrowthMart chooses, in its sole discretion, to monitor the Website, GrowthMart nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content
- The Freelancer is solely responsible for their use of the Website, the Content that the Freelancer posts on or through the Website, and any material or information that the Freelancer transmits to other Members and for their interactions with other Users.
- The Freelancer will not attempt to gain unauthorised access to other computer systems or networks connected to the Website, and will not transmit “junk mail”, or any unsolicited mass distribution of e-mail or bulletin board postings.
- The Freelancer agrees to comply with all applicable laws regarding use of the Website. The Freelancer may not use the Website to solicit the performance of any illegal activity or other activity which infringes the rights of GrowthMart or others.
- The Freelancer agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any other person’s use of the Site
- The Freelancer may not attempt to gain unauthorised access to any portion or feature of the Website by hacking, password “mining” or other illegitimate method of gaining access to restricted data.
The Freelancer will not conduct sessions or arrange services with customers gained through GrowthMart outside the purview of GrowthMart.
The Freelancer shall not, without prior written authorisation of GrowthMart, disclose to anyone outside GrowthMart or use in other than GrowthMart any information, documentation or materials provided by GrowthMart. Such materials shall be considered confidential and proprietary, including without limitation, these Freelancer Terms and Conditions and any other information, documentation and materials not generally disclosed by GrowthMart outside the GrowthMart Facility. The Freelancer shall use information received from GrowthMart only to exercise rights and perform obligations under the GrowthMart Terms and Conditions.
GrowthMart may produce advertising material for publication detailing the GrowthMart Facility and particular Freelancers. This material may include a particular Freelancer’s full name, location, image(s) and job title/business name in conjunction with GrowthMart marketing materials, including the Website. The Freelancer hereby permits the use of such information as is reasonably necessary for these purposes and consents to the publication of relevant text and images in GrowthMart’s materials and publicity.
If the Freelancer fails to comply with the any of the above sections, GrowthMart may terminate the Freelancer Agreement immediately without prior notice and withhold any payments due to such Freelance
GrowthMart Technology Labs Pvt Ltd,
Flat No A-003, Euphoria Apartment
Ashwini Layout, Ejipura,
Bangalore – 560047,
By email: [email protected]