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Terms and Conditions

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Terms & Conditions

  1. The employer can avail for refund within 5 days of completion of job

  2. The service provider will only get paid after 8 days from the day of completion of service

  3. The transaction between the employer and the service provider should only happen through Sakhyaa's payment gateway

  4. Sakhyaa reserves all the rights to block any employer/service provider/job postings/service postings/ from the website

  5. Employers are required to post only those jobs which come under legitimate jobs in India.

  6. Servicer Providers/Employers  will be blocked from the website on posting sexual/illegal/drugs related  services/jobs.

  7. If any transaction that comes under illegal per-view (in India) will be reported to legal authorities

  8. The service providers are required to post only authentic information and will be banned if the site identifies any false Information.

Website user agreement

This User Agreement describes the terms and conditions which you accept by using our Website or our Services.

Under this agreement:

"Account" means the account associated with your email address and Phone number.

"Buyer" means a User that purchases services or identifies a Service provider through the Website. A User may be both a Buyer and a Service provider under this agreement.

"Dispute Resolution Process" means the process to be followed by Buyers and Service providers in accordance with the Dispute Resolution Services.

"Service providers" are the people who have posted their profiles to take up jobs / projects

"Service providers Verified" Users have been satisfactorily verified under the Know your Customer and Identity Verification Policy.

"Inactive Account" means a User Account that has not been logged into for a 6 months period or other period determined by us from time to time.

"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.

"Project" or "Job Listing" means a job / project offered or awarded by a Buyer/employer/entrepreneur through Service providers website. A Project awarded by a Buyer / employer , a service bought by a Buyer from a service provider and job awarded by a Buyer to a service provider

"Service provider " means a User who offers and provides services or identifies as a service provider through Service providers website. A User may be both a Buyer and a service provider under this agreement.

"Services" means all services provided by a service provider.

"Sakhyaa Services" means all services provided by us to you.

"User""you" or "your" means an individual who visits or uses the Website, including via the API.

"User Contract" means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by both the service provider and Buyer uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; (4) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (5) any other material incorporated by reference from time to time.

"Website" means the Websites operated by Sakhyaa and available at: Sakhyaa.com and any of its regional or other domains or properties, and any related Service providers service, tool or application.

  1. Overview

 

By accessing the Website, you agree to the following terms with Sakhyaa.com.

We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.

The Website is an online venue where Users buy and sell Services and jobs/projects. Buyers and Service providers must register for an Account in order to buy or sell Service Provider Services and/or jobs. The Website enables Users to work together online to complete and pay for Projects, buy and sell service/jobs and to use the services that we provide. We are not a party to any contractual agreements between Buyer and Service Provider in the online venue, we merely facilitate connections between the parties.

We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.

  1. Scope

Before using the Website, you must read the whole User Agreement, the Website policies and all linked information.

You must read and accept all of the terms in, and linked to, this User Agreement, the Code of Conduct, the Sakhyaa Privacy Policy and all Website policies. By accepting this User Agreement as you access our Website, you agree that this User Agreement will apply whenever you use the Website, or when you use the tools we make available to interact with the Website.

  1. Eligibility

You will not use the Website if you:

  1. are not able to form legally binding contracts;

  2. are under the age of 18;

  3. a person barred from receiving and rendering services under the Indian laws or other applicable jurisdiction;

  4. are suspended from using the Website; or

  5. do not hold a valid email address.

All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.

Users may provide a business name or a company name, which is associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.

A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account which pays corporate subscriptions.

We may, at our absolute discretion, refuse to register any person or entity as a User.

You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.

  1. Using Sakhyaa

While using the Sakhyaa Website, you will not attempt to or otherwise do any of the following:

  1. post content or items in inappropriate categories or areas on our Websites and services;

  2. infringe any laws, third party rights or our policies, such as the Code of Conduct;

  3. fail to deliver payment for services delivered to you;

  4. fail to deliver Services purchased from you;

  5. circumvent or manipulate our fee structure, the billing process, or fees owed to Sakhyaa;

  6. post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);

  7. take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);

  8. transfer your Sakhyaa account (including feedback) and Username to another party without our consent;

  9. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;

  10. distribute viruses or any other technologies that may harm Sakhyaa Website, or the interests or property of Sakhyaa users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;

  11. download and aggregate listings from our website for display with listings from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorisation;

  12. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;

  13. copy, modify or distribute rights or content from the Website or Sakhyaa's copyrights and trademarks; or

  14. harvest or otherwise collect information about Users, including email addresses, without their consent.

  15. use Sakhyaa to facilitate money exchange including, but not limited to, cryptocurrency (e.g. bitcoin, ethereum, etc).

  16. Intellectual Property Rights Infringement

It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us through email and we will investigate.

6. Fees and Services

. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post a temporary promotional event or new service on the Websites, or as notified through promotional correspondence.

Unless otherwise stated, all fees are quoted in United States Dollars.

Sakhyaa Interface:

Sakhyaa is not a party to the dealing, contracting and fulfillment of any Project between an Employer and a Service Provider. Sakhyaa has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of project listings, the qualifications, background, or abilities of Registered Users, the ability of Service Providers to perform services, the ability of Employers to pay for services, or that an Employer or Service Provider can or will actually complete a Project. Sakhyaa is not responsible for and will not control the manner in which a Service Provider operates and is not involved in the hiring, firing, discipline or working conditions of the Service Provider. All rights and obligations for the purchase and sale of services or other deliverables are solely between an Employer and a Service Provider. Sakhyaa will not provide any Service Provider with any materials or tools to complete any Project. Employers and Service Providers must look solely to the other for enforcement and performance of all the rights and obligations arising from Project Agreements and any other terms, conditions, representations, or warranties associated with such dealings.

Sakhyaa Fees

  • Project Fee: Sakhyaa charges all Service Providers a Project Fee. The fee is deducted from the total amount paid by an Employer for a Project. Service Provider’s are charged a 12 % Project Fee.

(2) Dispute Resolution Service Fee. For use of Dispute Resolution Service, irrespective of the nature of resolution and any resulting disbursements, Sakhyaa charges a Dispute Resolution Service Fee, equal to or 5% of the total amount paid by an Employer to Sakhyaa for the applicable project to which such payment relates.

  • Sakhyaa shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

    (2) Authorized Payments are Final. Your use of the Sakhyaa Billing and Payment Services constitutes your agreement to pay for any amounts which you authorize us to retain from transactions and, as appropriate, charge to your credit card, bank account, or PayPal account. Such payments, once authorized, are final. When an Employer’s Acceptance of Services has occurred, (i) Sakhyaa shall have no further liability to any party with respect to Payment for such services, (ii) Employer acknowledges that Sakhyaa has provided a complete service in respect of the payment made by Employer for the Assumed Payment Liability or Invoice, as applicable and (iii) Employer hereby releases Sakhyaa from any and all liability with respect to such Payment.

  • 4) Currency. The Sakhyaa Billing and Payment Services operate in INR and therefore Sakhyaa is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than INR, nor is Sakhyaa responsible for currency fluctuations that occur when receiving or sending payment via check , NEFT Transfer , credit card account or PayPal account.

  • (5) Exclusivity and Non-Circumvention. Employers agree to use the Sakhyaa Billing and Payment Services to make all payments to service providers, whether first-time, repeat, or follow-on. You also agree not to take any action directly or indirectly to circumvent the Sakhyaa Billing and Payment Services or any associated fees. As a Service Provider, you agree to use Sakhyaa Billing and Payment Services to receive all payments from Employers identified through the Website, whether first-time, repeat, or follow-on. Additionally, you agree not to circumvent the Sakhyaa Billing and Payment Services or any associated fees

Notification. As an Employer, you agree to notify Sakhyaa immediately if your Service Provider solicits payment from you outside the Website. As a Service Provider, you agree to notify Sakhyaa immediately if your Employer seeks to pay you outside the Website. If you are aware of a breach of the foregoing prohibitions, or any potential circumvention of the Sakhyaa Billing and Payment Services, please submit a confidential report to Sakhyaa by sending an email to contact@sakhyaa.com

(5) Agreement to Pay. If, for any reason, Sakhyaa does not receive payment for any amounts that you have authorized to be paid through your use of the Sakhyaa Billing and Payment Services, you agree to pay such amount immediately upon demand by Sakhyaa. You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by Sakhyaa in collecting from you the authorized but unpaid amount. In such case, Sakhyaa may, at its option, stop processing any further payments made by you and apply any amounts then held by Sakhyaa on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the Sakhyaa Billing and Payment Services. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.

8. Payment Administration Agent

You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate, affiliates, or any other third party to act as our agent to accept or make payments from or to Users on our behalf.

Such a third party will have the same rights, powers and privileges that we have under this User Agreement and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent's negligence and/or acts beyond the authority given by Sakhyaa.

9. Promotion

We may display your company or business name, logo, images or other media as part of the Sakhyaa Services and/or other marketing materials relating to the Website, except where you have explicitly requested that we do not do this and we have agreed to such a request in writing.

You acknowledge that we may use the public description of your Projects and the content of your profile information on the Website for marketing and other related purposes.

  1. Content

When you give us content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of User content. We make no warranty that User content is made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.

You represent and warrant that your content:

  1. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;

  2. will not violate any law or regulation;

  3. will not be defamatory or trade libelous;

  4. will not be obscene or contain child pornography;

  5. will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons

  6. will not contain material linked to terrorist activities

  7. will not include incomplete, false or inaccurate information about User or any other individual; and

  8. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of India. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and Sakhyaa Services and may close your Account.

Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.

We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.

The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.

In relation to deletion or hiding of any information or content, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations.

11. Feedback, Reputation and Reviews

You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) together. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User.

You may not do (or omit to do) anything that may undermine the integrity of the Sakhyaa feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.

Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Service providers via the Website.

12. Advertising

Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a job listing, bid, job listing description, clarification or the message ,must relate to a Project / Job  listed, user or service being performed on the Website.

We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by Sakhyaa or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.

13. Communication With Other Users

Communication with other users on the Website must be conducted through medium and platform at Sakhyaa website.

You must not post your email address or any other contact information (including but not limited to Skype ID or other identifying strings on other platforms) on the Website, except in the "email" field of the signup form, at our request or as otherwise permitted by us on the Website.

Unless you have a prior relationship with a User, you must only communicate with Users via the Website. You must not, and must not attempt to, communicate with other Users through any other means including but not limited to email, telephone, Skype, Google meet, zoom, Microsoft teams  MSN Messenger, WeChat, SnapChat, GTalk, GChat or Yahoo or any other communication devices.

In relation to video chat and audio chat, any terms agreed to between any Users must be confirmed in writing using the chat or direct message function.

Sakhyaa may use information such as your name, location, display or username, and or your image, in relation to the provision messaging services on the Website or in the mobile apps.

We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.

14. Identity / Know Your Customer

You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.

You must also, at our request, provide copies of identification documents (such as your Aadhar card passport or driver's licence). We may also ask you to provide photographic identification holding your identification together with a sign with a code that we provide as an additional identity verification step. We also reserve the right to request a video interview with you to validate this information, your identity, your background and your skills.

We reserve the right to close, suspend, or limit access to your Account, the Website and/or Sakhyaa Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.

We reserve the right to update your particulars on the website in order to match any identity documentation that has been provided. Disbursements such as wire transfers from the website may only be made to the beneficiary matching your provided identity documents and account information.

If you are not Sakhyaa Verified you may not be able to withdraw funds from your Sakhyaa Account, and other restrictions may apply. See the Know Your Customer and Identity Verification Policy for more details

15. User Services

Upon the Buyer awarding a Project / job to the service provider, and the service provider’s acceptance on the Website, or the purchase of an Job by a Buyer from the service provider, the Buyer and Service provider will be deemed to have entered into a User Contract under which the Buyer agrees to purchase, and the Service Provider agrees to deliver the Service Provider Services. You agree not to enter into any contractual provisions in conflict with the User Agreement.

You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User..

If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.

Depending on their jurisdiction, Service Providers and Buyers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded. Nothing in this User Agreement is intended to violate any laws relating to unfair contracts, and this agreement has been specifically redrafted to ensure compliance with unfair contracts legislation. To the extent that any component of this User Agreement is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further.

Each User acknowledges and agrees that the relationship between Buyers and Service Providers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Sakhyaa and any User.

  1. Sakhyaa provides matchmaking and platform services only. Users agree that Sakhyaa has no liability for any other aspect of service delivery or interaction between Buyer and Service Provider. Sakhyaa is not a party to any disputes between Buyer and Service Provider, although we provide a dispute resolution mechanism to assist the parties in resolving issues;

A User must never disclose, in any Project posted, personal details such as the User's name, street number, phone number or the email address in any Project description for a Local Job or in any other public communication on the Website

  1. Upon completion of a Job / Project, Service provider/ User must log on to the Website and click the "Complete" button for that Job, as soon as practicable.

  1. Failure to complete the service or task will constitute a breach of this User Agreement; and

  2. Our fees are applied to the amount of the awarded service providers bid to perform the services for the Job. Any items purchased by the Service provider as part of performing the service are between the Buyer and Service provider.

  1. Funds

You may have positive funds in your Account if you have prepaid for fees or charges or for services to be provided to you via the Website. If you are a Service Provider, you may have positive funds if you have successfully completed a Project, and funds have been released to you. There are also circumstances where funds may have been credited to your Account in relation to an affiliate program or a referral program.

Funds in your Account are held by us in our operating accounts held with financial institutions. Funds in your Account are not held separately by us, and may be commingled with our general operating funds, and/or funds of other User's Accounts.

You are not entitled to any interest, or other earnings for funds that are in your Account.

We may receive interest on funds held by us in our operating accounts from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds.

If your Account has negative funds, we may:

  1. set-off the negative amount with funds that you subsequently receive into your Account;

  2. if you have funds in multiple currencies in your Account and one of the currencies becomes negative for any reason, we may set-off the negative amount against funds you maintain in a different currency (at an exchange rate applied by us);

  3. reverse payments you have made from your Account to other User Accounts on the Website;

  4. deduct amounts you owe us from money you subsequently add or receive into your Account; or

  5. immediately suspend or limit your Account until such time as your Account no longer has a negative amount.

In the event that we offset a negative amount of funds pursuant to this section, it may be bundled with another debit coming out of your Account.

We reserve the right to collect any funds owed to us by any other legal means.

You acknowledge and agree that:

  1. we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;

  2. the funds shown in your Account represents our unsecured obligations to you with respect to your rights to direct us to make payment in relation to the purchase and sale of Service provider Services through the Website and provision of the Sakhyaa Services;

  3. if you were a User acquired in an acquisition and your account was migrated to the Website, we are responsible for your positive funds only to the extent of the legal documentation between us and any acquired marketplace, along with this agreement, and you acknowledge specifically that the onus is on you to confirm the validity of your fund, and that any understatement or misstatement in relation to this is not a claim against us, and belongs with the counterparty of any prior user agreement to which you agreed;

  4. to the extent that we are required to release funds from your Account to you, you will become our unsecured creditor until such funds are paid to you;

  5. we are not acting as a trustee or fiduciary with respect to such funds or payments;

  6. the amount of funds showing in your Account is not insured and is not a guaranteed deposit;

  7. funds may only loaded into your Account, or released from your Account, by us and you must only use the mechanisms available on the Website to pay for, or receive funds in respect of Service provider Services;

  8. any refunds required to be processed in your favour will be returned only to the source of the original deposit, and cannot be redirected to any other payment source;

  9. we will hold funds in respect of the amount of your Account in an account held by us with a financial institution (or in any manner that we decide in our sole discretion from time to time) and such funds are not segregated into a separate account; and

  10. we may commingle your funds with funds of other Users and our own funds and such commingled funds could be used to pay other Users or for our general corporate purposes or otherwise, however, we will remain obliged to release or refund funds at your direction in accordance with this User Agreement.

  1. Limits & Fraud Prevention

We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.

If we become aware that any funds received into an Account from another Account as a result of a fraudulent transaction, this will be reversed immediately. If those funds have already been released to you, you must pay the funds into your Account. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those funds.

We may, in our sole discretion, place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if:

  1. we believe there may be an unacceptable level of risk associated with you, your Account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback;

  2. we believe that the beneficiary of the payment is someone other than you;

  3. we believe that the payment is being made to a country where we do not offer our Service; or

  4. we are required to do so by law or applicable law enforcement agencies.

If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favour, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favour, we may remove the funds from your Account. We may also place a limit on your account in circumstances where we suspect you of fraudulent or other unacceptable behaviour, while we investigate any such matter.

  1. Refunds

 

You may ask for a refund at any time for any funds that you have paid into your Account

If we agree to the refund, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us.

We may refund funds to Users irrespective of whether a User has requested funds be refunded if: (1) we are required by law or consider that we are required by law to do so; (2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs; (3) we refund funds to the User in accordance with any refund policy specified by us from time to time; (4) we find out that the original payment made by the User is fraudulent; (5) the User made a duplicate payment in error; or (6) we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.

You can request a refund by using our customer support website or emailing us at contact@sakhyaa.com. Once you have made a Payment, you expressly agree to use the dispute resolution process in this agreement, expressly agree to be bound by its ruling and expressly agree not to initiate any chargeback request with your card issuer.

If you initiate any chargeback request or other "Request for Information" or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.

If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.

If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.

19. Withdrawals

Your first withdrawal of funds earned may be delayed for up to TEN days for security and fraud purposes.

Subsequent withdrawals may be delayed for up to TEN days where our fraud prevention policies require a delay.

We may require you to be Sakhyaa Verified before you can withdraw funds from your Sakhyaa Account, irrespective of whether or not a delay has been enforced.

You acknowledge and agree that we may seek to verify your identity or request additional information from you as part of our anti-fraud and Know Your Customer policy.

20. Inactive Accounts

User Accounts that have not been logged into for a period of time will incur a.

We reserve the right to close an Inactive Account.

We reserve the right to close an account with nil or negative funds.

Right to Refuse Service

We may close, suspend or limit your access to your Account without reason. We may also close, suspend or limit your access to your Account:

  1. if we determine that you have breached, or are acting in breach of this User Agreement;

  2. if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;

  3. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;

  4. you do not respond to account verification requests;

  5. you do not complete account verification when requested within 3 months of the date of request;

  6. to manage any risk of loss to us, a User, or any other person; or

  7. for other reasons.

Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially will lead to cancellation of account / legal action.

If we close your Account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.

In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

  1. Payments

Subject to the User Contract, the Buyer can make a Payment which will be locked from the Buyer's Account and cannot be claimed by the Service provider until:

  1. the Buyer and Service Provider agree that the funds can be claimed by the Service Provider;

  2. if there is a dispute, the Buyer and Service Provider have concluded the Dispute Resolution Process and the Dispute is resolved in the Service Provider's favour;

  3. the Buyer instructs us to pay a Service Provider for services performed by the Service Provider in respect of a Project or job

  4. the Buyer acknowledges that the Service Provider has completed the services fully and satisfactory.

If a Buyer does not approve of the Service Provider's work product, the parties may elect to resolve the issue under the Dispute Resolution Process.

You agree and acknowledge that: (i) Sakhyaa is not providing legal services; (ii) Sakhyaa will not advise you regarding any legal matters; and (iii) if you desire to have legal counsel, you will seek an independent legal counsel from those licensed to practice law in your jurisdiction. You will not rely on Sakhyaa for any such counsel.

Disputes with users

You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any Project that you will first attempt to resolve any differences that you have in relation to such Project, including in relation to the quality of the services provided.

You agree that any dispute that is not related to a payment arising between you and another User will be handled in accordance with this clause. Sakhyaa will have full rights and powers to make a determination for all such disputes. Upon receipt of a dispute, Sakhyaa shall have the right to request the Service provider and the Buyer to provide documentation in support of their claim or position in relation to the dispute. You agree that Sakhyaa has absolute discretion to accept or reject any document provided. You also acknowledge that Sakhyaa is not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person. In addition, we do not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold Sakhyaa and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading

The Sakhyaa Code of Conduct applies to all the services offered by Sakhyaa. It is agreed by you that you will make every endeavour at fair play and post reasonable and fair demands/offers on your dispute. No conduct relating to threats, blackmail, intimidation or inducement of users to leave positive feedback will be tolerated, in particular any refusal to provide either deliverables or payment in relation to the provision of feedback.

A User found to be in breach of the Code of Conduct during the Dispute Resolution Service process may automatically lose the dispute in favour of the other party involved, regardless of the origin of the dispute. The User who breached the Code of Conduct may also incur further disciplinary action

22. Disputes With Sakhyaa

If a dispute arises between you and Sakhyaa, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by  emailing us at contact@sakhyaa.com.

For any claim, Sakhyaa may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Sakhyaa elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that Sakhyaa will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All claims you bring against Sakhyaa must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, Sakhyaa may recover its legal fees and costs (including in-house lawyers), provided that Sakhyaa has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Sakhyaa will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.

Sakhyaa's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Website Damage : You will not

  1. interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

  2. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the websites without the prior express written permission of Sakhyaa and the appropriate third party, as applicable;

  3. interfere or attempt to interfere with the proper working of the Websites, services or tools, or any activities conducted on or with the Websites, services or tools

Closing Sakhyaa Account

You can as per your wish but Account closure is subject to:

  1. not having any outstanding listings on the Website;

  2. resolving any outstanding matters (such as a suspension or restriction on your Account); and

  3. paying any outstanding fees or amounts owing on the Account

 

Limitations of Liability

In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty,  or any other form of liability, for:

  1. any indirect, special, incidental or consequential damages that may be incurred by you;

  2. any loss of income, business or profits (whether direct or indirect) that may be incurred by you;

  3. any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.

The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.

Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities.

To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the Sakhyaa services again or the payment of the cost of having the Sakhyaa services supplied again.