TERMS AND CONDITIONSLast updated: 11 January, 2023
(i) OyeBusy Technologies Pvt Ltd website and mobile application, including the classified advertisements, forums, various email functions, and Internet links, and all content and OyeBusy Technologies Pvt Ltd services available through the domain and subdomains of OyeBusy located at www.oyebusy.com.
Use our site and App:-
a. Access to our site is permitted on a temporary basis only, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
b. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
d. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and that they comply with them.
You agree to always provide us with accurate and complete info, including if you provide us with your names, address of you or your property, date of birth, email address and/or any credit or debit card information or bank account details. We shall use this information according to our
You agree not to share your account or login credentials with anyone. You shall not sell, transfer or allow any other person to access your account or login credentials. You shall be entirely responsible for maintaining the confidentiality of your account and login credentials.
You agree to notify us immediately if you become aware of any breach of security, including any loss, theft or unauthorized access or disclosure of your account or login credentials.
You may terminate or suspend your account at any time by contacting us at firstname.lastname@example.org
We may terminate or suspend your account if we determine, at our absolute discretion that:
You have violated or are violating any term of this Agreement;
OyeBusy have stopped or will stop offering any or all services in your area or country;
Terminating your account would be in best interest for OyeBusy, the service providers or any third parties;
If your account is terminated, you will no longer have access to it, including not limited to, any of the data associated with the account, its contents, information, history or services. In case your account is terminated, OyeBusy, any of our subsidiaries, partners, Service Provider / Vendor / Partner have to provide us your government identity proofs like an Aadhar card, PAN card, Driving license, Voter ID Card, Birth certificate, etc for your verification and also provide your bank details for your order related transactions. licensors or any other third parties related to us shall have no liability to you. We also reserve the right to terminate any other accounts you may have created or created in the future.
You hereby acknowledge that you have read, understood, considered and agree that creating and using any and all accounts that you created with OyeBusy involves the risk that your account may be terminated or suspended and that, whenever you use the OyeBusy websites or apps, you will bear the risk in mind and esteem to always adhere to the rules set forth in this Agreement and conduct yourself appropriately.
If you submit any creative ideas, suggestions or materials to us (the ‘Unsolicited Ideas’), you grant OyeBusy , any of our subsidiaries, partners, service providers, licensors and/or any other third parties related to us a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive, and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make available to the public, communicate to the public, sell, offer for sale, and import any and all Unsolicited Ideas, including all copyrights, trademarks, trade secrets, patents, designs, industrial rights, and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including sharing the Unsolicited Ideas with others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to us as specified above are valid, effective, and enforceable. Additionally, you give up any claim that the use by OyeBusy , any of our subsidiaries, partners, service providers, licensors, licensees or any other third parties related to us, of your Unsolicited Ideas and violations of any of your rights, including moral rights, privacy rights, rights to publicity, proprietary or other rights, and rights to credit for the material or ideas set for therein.
While using our websites, apps and account systems, you must comply with all applicable laws, rules and regulations in the jurisdiction in which you reside, as well as the additional rules set out by our Agreement with you and the rules that govern your use of our services.
(i) you will not copy, distribute, or make derivative works of the Website in any medium without OyeBusy's prior written consent;
(ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and
(a) all registration information that you submit is truthful and accurate,
(b) you will maintain the accuracy of such information, and
(c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations. You need not register with OyeBusy to simply visit and view the Website, but to access and participate in certain features of the Website, you will need to create a password-protected account ("Account"). To create an account, you must submit your name and email address through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to OyeBusy in providing you with a more customized experience when using the Website. You may also register for an Account using your existing Facebook account and log-in credentials (your "Third-Party Site Password").
You are solely responsible for safeguarding your OyeBusy password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify OyeBusy immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without OyeBusy’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website. You hereby expressly acknowledge and agree that you yourself and not OyeBusy will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of OyeBusy or others due to such unauthorized use. An Account holder is sometimes referred to herein as a "Registered User." You acknowledge and agree that you shall comply with the following policies (the "Account Policies"): You will not copy or distribute any part of the Website in any medium without OyeBusy's prior written authorization. You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose. You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete. You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose without OyeBusy's prior written approval.
You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a "mirrored", competitive, or third party site.
You shall not in any way that transmits more request messages to the OyeBusy servers, or any server of a OyeBusy subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. OyeBusy reserves the right to revoke these exceptions either generally or in specific cases.
You shall not recruit, solicit, or contact in any form Service Professionals or Service Users for employment or contracting for a business not affiliated with OyeBusy without express written permission from OyeBusy. You shall not take any action that
(i) unreasonably encumbers or, in OyeBusy's sole discretion, may unreasonably encumber the Website's infrastructure;
(ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or
(iii) bypasses OyeBusy's measures that are used to prevent or restrict access to the Website.
You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, OyeBusy, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.
2) You will not send messages to other users containing: offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or unsolicited advertising or marketing of a service not offered on the Website or an external website.
Property Intellectual Rights:-
OyeBusy is the trademark of OyeBusy Technologies Private Limited. We are the owner or the licensee of all intellectual property in our websites and apps, and of the material published on it. Those works are protected by copyright laws and treaties around the world. We, OyeBusy, any of our subsidiaries, partners, service providers, licensors or any other third parties related to us own and reserve all intellectual property rights and other rights and title in and to the OyeBusy, and all data and content included therein, including, user accounts, computer and/or app code, titles, objects, chat logs, phone recordings, artwork, graphics, designs, photos, pictures, sounds, musical compositions and recordings, and methods of operation.
We grant you a limited, non-exclusive, non-transferable, revocable license to use and enjoy the OyeBusy website, apps, for your individual, non-commercial purposes only and expressly conditioned upon your compliance with the terms of this Agreement. Unless otherwise expressly authorized by us in a signed writing, you may not sell, copy, exchange, loan, reverse engineer, decompile, derive script from, translate, lease, grant security interest in, transfer, publish, assign or otherwise distribute any of the OyeBusy (OyeBusy Technologies Pvt Ltd) intellectual property.
You acknowledge and agree that unless we grant you a license, in a signed written contract, you may never use any of our trademarks, service marks, trade names, logos, domain names, taglines, or trade dress. Any reproduction, redistribution, or modification of the OyeBusy and its properties, or use of the OyeBusy or its properties, not in accordance with this Agreement, is expressly prohibited and may result in civil and/or criminal penalties.
You acknowledge and agree that you shall have no ownership or other property interest in your account, and that all rights in and to your account are and shall forever be owned by and inure to the benefit of OyeBusy.
You acknowledge and agree that you have no claim, right, title, ownership, or other proprietary interest in the contents of the websites and/or the apps, and/or any other credits accumulated through any OyeBusy’ websites, apps or account systems, regardless of any consideration offered or paid in exchange.
You acknowledge and agree that OyeBusy , any of our subsidiaries, partners, service providers, licensors or any other third parties related to us, shall not be liable in any manner for the deletion, modification, impairment, hacking, or any other damage or loss of any kind caused to content of the websites, apps, accounts and/or account systems, including deletion of any and all of the websites, apps, accounts, account systems and/or any and all accumulated credits.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organization to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.
If you’re a copyright owner or agent thereof and believe that content posted on our websites or in our apps or elsewhere, infringes upon your copyright, please submit a notice to the Legal Department with:
1. An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
2. A description of the copyrighted work that you claim has been infringed;
3. The URL of the location on the website or a screenshot of the location in the app containing the material you claim is infringing;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or the person authorized to act on the copyright owner’s behalf.
Mail:OyeBusy Technologies Private Limited
Bachan Singh Colony Street No 4 Muzaffarnagar 251001
1. Discriminatory Postings:- Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. OyeBusy will not knowingly accept any Posting which is in violation of the law. OyeBusy has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is in any way in violation of any law.
3. FEEDBACK:- As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback:
(a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided;
(b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and
(c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.
1. Sanctions for Inappropriate Use of Feedback.:- If you violate any of the above-referenced rules in connection with leaving Feedback, OyeBusy , in its sole discretion, may take any of the following actions:
(i) cancel your Feedback or any of your Postings;
(ii) limit your Account privileges;
(iii) suspend your Account; and/or
(iv) decrease your status earned via the Feedback page.
2. Reporting Inappropriate Use of Feedback.:- You may contact OyeBusy regarding any inappropriate use of Feedback via-email at support@OyeBusy .com.
3. Resolving Disputes in Connection with Feedback:-. In the event of any dispute between users of the Website concerning Feedback, OyeBusy shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE CONCERNING FEEDBACK, OYEBUSY HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM. The foregoing lists of prohibitions provide examples and are not complete or exclusive. OyeBusy reserves the right to
(a) terminate your access to your Account, your ability to post to this Website (or the Services) and
(b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that OyeBusy determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services. OyeBusy reserves the right to restrict the number of emails or other messages that you are allowed to send to other users to a number that OyeBusy deems appropriate in OyeBusy’s sole discretion. OyeBusy may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at OyeBusy 's discretion, OyeBusy will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet.OyeBusy does not and cannot review every Posting posted to the Website. These prohibitions do not require OyeBusy to monitor, police or remove any Postings or other information submitted by you or any other user.
D. Rules for Service Professionals:-
(a) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering;
(b) misrepresent the location at which they will provide a Service;
(c) include brand names or other inappropriate keywords in their Profile, Offer, Want, Feedback, or any other title or description relating to a Service;
(d) use misleading titles that do not accurately describe the Service; or
(e) include any information in their Profile that is fraudulent.
(a) offer a catalog or a link to a third-party website from which Service Users or any Registered User or user of the Website may obtain the Service directly;
(b) exceed multiple Posting limits;
(c) post a single Service but offer additional identical services in the Service description;
(d) charge fees for traveling further than desired to provide the Service;
(e) offer the opportunity through OyeBusy to purchase the Service or any other service outside of OyeBusy ;
(f) use their Profile page or user name to promote services not offered on or through the Website and/or prohibited services. In case we realize that any professional is involved in any of the above activities, OyeBusy holds the sole discretion to blacklist the professional and withhold any outstanding credits or payments to the professional.
(a) solicit Service Users to mail cash or use other payment methods not specifically permitted by OyeBusy as approved payment methods;
(b) include links that do not conform to OyeBusy 's policies with respect to third-party links;
(d) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings;
(e) use profanity in any Posting;
(f) acknowledge or credit a third-party service professional for services or products directly connected with your particular Posting (1) with more than 10 words of text at HTML font size greater than 3 and/or a logo of 88X33 pixels (provided that you represent and warrant that you have the necessary rights, licenses, permissions and/or authorizations from the applicable third party to use that third party's name and/or logo), (2) with any promotional material in connection with that third-party company, and/or(3) with a link to the third-party's website with any information in addition to the Service provided via OyeBusy ;
(g) include third-party endorsements in a Posting; or
(h) create a Posting that does not offer a Service. It is further clarified that your registration on the Website shall be deemed to be your consent to be contacted for the purposes mentioned above,
(i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and
(ii) by way of SMS or email notifications or messages in any other electronic form
5. PRODUCTS UTILIZED WHILE RENDERING SERVICES TO THE SERVICE USER(S) The Service Professional will procure the Products from OyeBusy only for rendering the Services facilitated through the OyeBusy ’s Platform. Any Product purchased by the Service Professional from OyeBusy shall only be used for the sole purpose of rendering services booked through OyeBusy Platform. Products sold by OyeBusy to the Service Professional should not be used for personal consumption by the Service Professional under any circumstances.
6. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, OyeBusy , in its sole discretion, may take any of the following actions:
(a) cancel the Posting;
(b) limit the Service Professional's Account privileges;
(c) suspend the Service Professional's Account;
(d) cause the Service Professional to forfeit any fees earned on a cancelled Posting; and/or
(e) decrease the Service Professional's status earned via the Feedback page.
E. Rules for Service Users
1. SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to purchasing or using a Service without paying;
(b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service;
(c) agree to purchase a Service when you do not meet the Service Professional's terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or
(d) misuse any options made available now or in the future by OyeBusy in connection with the use or purchase of any Service.
2. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS If a Service User violates any of the above-referenced rules in connection with his or her Posting, OyeBusy , in its sole discretion, may take any of the following actions:
(a) cancel the Posting;
(b) limit the Service User's Account privileges;
(c) suspend the Service User's Account; and/or
(d) decrease the Service User's status earned via the Feedback page. The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, OyeBusy does not guarantee any confidentiality with respect to any Submitted Content. You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non-confidential basis. You agree that OyeBusy shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services. You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a doctor or a lawyer) is not extended to OyeBusy . OyeBusy may also disclose user information including personal information if OyeBusy reasonably believes that disclosure
(i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority,
(ii) would potentially mitigate OyeBusy’s liability in an actual or potential lawsuit,
(iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity,
(iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or
(v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
2. YOUR REPRESENTATIONS AND WARRANTIES You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices. You may remove your Submitted Content from the Website at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
2. You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that OyeBusy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against OyeBusy with respect thereto, and agree to indemnify and hold OyeBusy , its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
3. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that OyeBusy may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
5. SUGGESTIONS.:- If you send or transmit any communications, comments, questions, suggestions, or related materials to OyeBusy , whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and OyeBusy is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that OyeBusy is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
J. Copyright Infringement:-
Take Down Procedure OyeBusy has high regard for intellectual property and expects the same level of standard to be employed by its users. OyeBusy may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at help@OyeBusy .com
4 Upon termination of your Account:-
1.OyeBusy offers premium services to Service Professionals for a fee and may in the future offer additional services, like tax preparation and bookkeeping that Service Professionals can also choose to purchase. OyeBusy reserves the right to charge fees for these services at its sole discretion. For the invoice to be raised by Service Professional with respect to the services to be provided to the Service User, OyeBusy shall prepare such invoice.
3. You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Professional who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that OyeBusy shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Professional. In case of unregistered Housekeeping services OyeBusy shall pay taxes under Section 9(5) of Central Goods and Services Tax Act, 2017, on behalf of the Service Professional.
Liability for the material on the site:-
7.1. The OyeBusy and the materials displayed on our site are provided to you on ‘as is’ and ‘as available’ basis, without any guarantees, warranties or representations of any kind, express or implied. To the fullest extent permitted by applicable law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our websites or in connection with the use, inability to use, or results of the use of our websites, apps, account systems and/or any websites linked to it and any information and/or materials posted on it, including:
Loss of income or revenue;
Loss of business;
Loss of profits or contracts;
Loss of anticipated savings;
Loss of data;
Loss of goodwill;
Wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site:-
By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Uploading material to our site:-
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in these terms. You warrant that any such contribution does comply with those standards. In cases where any such contribution does not comply with those standards and is a cause for a claim or a dispute you agree and undertake to indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and nonproprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
You are responsible and liable for any and all communications, information, images, material, their contents and accuracy transmitted, uploaded or posted to our websites, apps or account systems by you to us and any third party.
You hereby acknowledge and agree that none of the communications, information, images, material and their contents will not be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of OyeBusy , any of our subsidiaries, partners, service providers, licensors, licensees or any other third parties related to us won’t be liable for any and all use or disclosure of the communications, information, images, material and their contents. You waive any moral rights you may have in the content that you have posted to the maximum extent permitted by the laws of your jurisdiction.
You hereby represent, warrant and agree that the communications, information, images, materials and their contents shall not violate any third-party rights.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in these terms.
Viruses, hacking and other offences:-
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site and removal of links:-
You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association or in misleading context.
Appropriate link text should always be used in links pointing to our website.
Our site must not be framed on any other site or use any similar technology in relation to the content of the website. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms.
If you wish to make any use of material on our site other than that set out above or to link to us for commercial purposes, please address your request to email@example.com.
You agree that, should we request the deletion of a link to our website that is within your control, you will delete the link promptly.
If you would like us to remove a link to your website that is included on this website, please contact us. Unless you have a legal right to demand removal, such removal will be at our discretion.
Links from our site;-
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
For other damage arising from a grossly negligent breach of duty by OyeBusy or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of OyeBusy ;
For intentional misconduct;
For damage arising from a negligent breach of an obligation that is essential for the performance of the contract by OyeBusy to the extent that is typical and foreseeable;
For any guarantee given by OyeBusy to you; and
For any liability under a jurisdiction’s applicable services liability legislation.
Because certain states or jurisdictions do not allow for exclusion or limitation of liability for certain types of losses or damages, in such states or jurisdictions, the liability of OyeBusy shall be limited to the fullest extent permitted by applicable law.
Jurisdiction and applicable law:-
The Indian courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND OYEBUSY AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
OYEBUSY DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. OYEBUSY DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT.
OYEBUSY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
1) IN NO EVENT SHALL OYE BUSY , OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY:-
(I) ACCESS TO OR USE OF THE WEBSITE OR ANY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS VIA THE WEBSITE, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE WEBSITE IS IN EFFECT;
(II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT;
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY;
(V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
(VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT;
(VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE WEBSITE;
(VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROFESSIONAL; OR
(IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OYEBUSY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
2) IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF OYE BUSY , OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE WEBSITE, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO OYEBUSY BY YOU HEREUNDER. YOU HEREBY ACKNOWLEDGE AND AGREE THAT OYEBUSY SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT OYEBUSY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN WEBSITE USERS ENTERED INTO INDEPENDENTLY OF THE WEBSITE.
THE WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY OYEBUSY . OYEBUSY DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES.
We provide our services using reasonable skill and care. If we don’t meet the quality level described in this warranty, you agree to tell us and we’ll work with you to try to resolve the issue.
The only commitments that we make about our services (including the content in the services, the specific functions of our services or their reliability, availability or ability to meet your needs) are
(1) described in the Warranty section,
(2) stated in the service-specific additional terms or
(3) provided under applicable laws. We don’t make any other commitments about our services.
And unless required by law, we don't provide implied warranties, such as the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
By accepting these User Terms, you agree that you shall defend, indemnify and hold the Company, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
(a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein;
(b) your violation of any rights of any third party, including Service Providers arranged via the Application, or
(c) your use or misuse of the Website.
Excusable Delays (Force Majeure)
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
1. In the event of any dispute or difference between the Parties in respect of this Agreement, the construction of any provision of this Agreement or the rights, duties or liabilities of the Parties hereto under this Agreement, the same shall be referred to arbitration by a sole arbitrator to be appointed by the Company and the arbitration shall be conducted in accordance with the provisions of Arbitration and Conciliation Act, 1996. The venue of arbitration shall be at NOIDA. The arbitration proceedings shall be conducted in English. Any award made in such arbitration will be final and binding on the parties. The arbitrator shall have the authority to order specific performance of this agreement. Subject to the foregoing, the Courts at NOIDA, Uttar Pradesh only shall have exclusive jurisdiction.
2. The Courts of Delhi shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the services offered by the Company or the agreement or arrangement between the Service provider and the Customer. All claims and disputes arising under this Terms and Conditions should be notified to the Service Provider or Company within 30 days from the service date after which no claim shall be entertained.