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Terms and Conditions

A. Acceptance of Terms

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. The terms and conditions set forth below (“Terms of Use”) and the Privacy Policy (as defined below) constitute a legally-binding agreement between Gaudrika Digital Labour Chowk (OPC) Private Limited and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in the DLC website and mobile application, including the classified advertisements, forums, various email functions and Internet links, and all content and DLC services available through the domain and sub-domains of DLC located at www.digitallabourchowk.com (collectively referred to herein as the “Website”), The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Website.

The Website is currently owned and operated by Gaudrika Digital Labour Chowk (OPC) Private Ltd.

You acknowledge that the Website serves as a venue for the digital distribution and publication of user submitted information between Service Professionals and Service Seekers, and, by using, visiting, registering for, and/or otherwise participating in this Website, including the Services presented, promoted, and displayed on the Website, and by clicking on “I have read and agree to the terms of use,” you hereby certify that:
(1) you are prospective among these (A) Service Provider (B) Service Seeker,
(2) you have the authority to enter into these Terms of Use,
(3) you authorize the transfer of payment for Services requested through the use of the Website, and
(4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website. By accessing this website, we assume you accept these terms and conditions.

YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.

All references to “you” or “your,” as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner. If you use the Website or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and “you” and “your” herein shall refer to that business. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Yours” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our help to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of India. Your acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy available at www.digitallabourchowk.com . By accepting these User Terms, you also allow DLC to send you promotional emails and SMS alerts from time to time.

1. MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

DLC reserves the right, in its sole discretion, to change, modify, or otherwise alter the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and DLC will post notice of the changes and the altered Terms of Use at the domain of www.digitallabourchowk.com/terms. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. Do not continue to use Digital Labour Chowk if you do not agree to take all of the terms and conditions stated on this page.

2. PRIVACY POLICY

DLC has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy.
The Privacy Policy can be founded at:www.digitallabourchowk.com/privacy-policy .

B. Accessibility

  1. LICENSE TO ACCESSDLC hereby grants you a non-exclusive, fickle license to use the Website as set forth in the Terms of Use; provided, however, that
    (i) you will not copy, distribute, or make derivative works of the Website in any medium without DLC prior written consent;
    (ii) you will not change or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and
    (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.
  2. ELIGIBILITY CRITERIAUse of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that:
    (a) all registration information that you submit is truthful and accurate,
    (b) you will maintain the accuracy of all submitted 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 DLC 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, email address, and certain details through the account registration page on the Website and create a password. You will also have to provide additional optional information, which is not required to register for an account but may be helpful to DLC in providing you with a more customized experience when using the Website.You are solely responsible for safeguarding your DLC password 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 DLC immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without DLC 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 DLC 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 DLC or others due to such unauthorized use.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 DLC 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, 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 DLC prior written approval.
    • You shall not in any manual or automated manner collect Service Providers, 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 any other ways.
    • You shall not in any way that transmits more request messages to the DLC servers, or any server of a DLC 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 catches or archives of such material. DLC 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 DLC without written permission from DLC.
    • You shall not take any action that
      (i) unreasonably restricts or, in DLC sole discretion, may unreasonably restricts 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) surpasses DLC measures that are used to prevent or restrict access to the Website.
    • You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
  3. ADDITIONAL POLICIESYour access to, use of, and participation in the Website is subject to the Terms of Use and all applicable DLC regulations, guidelines and additional policies that DLC may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that DLC publishes on the Website (the “Additional Policies”). You hereby agree to comply with the additional policies and obligation at all times. 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, DLC, 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.

C. Member Conduct

  1. CONSTRAINTS ON SUBMITTED CONTENTYou shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile (“Profile”), the posting of your Service (“Offer”), the posting of your desired Service (“Want”), or the posting of any opinions or reviews in connection with the Website, the Service, the Service Professional, or the Service User (“Feedback”) (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:
    • Misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any Service Professionals; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 (“Minor”) in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;
    • Trespassed anyone’s privacy by attempting to collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
    • Contains falsehoods or misrepresentations that could damage DLC or any third party;
    • Is pornographic, harassing, hateful, illegal, obscene, defamatory, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
    • Is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant DLC all of the license rights granted herein;
    • Contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right;
    • Is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
    • Intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a DLC employee, agent, manager, host, another user, or any other person though any means;
    • Advertises a business not related to or appropriate for the Website (as determined by DLC in its sole discretion);
    • Contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
    • Distributes or contains viruses or any other technologies that may harm DLC, or the interests or property of DLC users
    • Contains links to commercial services or websites, except as allowed pursuant to the Terms of Use is non-local or irrelevant content;
    • Contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of DLC
  2. PROHIBITIONS ON SENDING MESSAGESYou 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;
    • Unsolicited advertising or marketing of a service not offered on the Website or an external website.
  3. NO DISCRIMINATION1. Discriminatory Postings.Indian laws prohibit any preference, limitation or discrimination based on race, colour, religion, sex, national origin, age, handicap or other protected class. DLC will not knowingly accept any Posting which is in violation of the law. DLC has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.2. PROHIBITIONS WITH RESPECT TO SERVICESWhile using the Website, you shall not:
    • Post content or items in any inappropriate category or areas on the Website;
    • Violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;
    • Fail to deliver payment for Services purchased by you, unless the Service Professional has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Professional’s identity;
    • Fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User’s identity; manipulate the price of any Service or interfere with other users’ Postings;
    • Circumvent or manipulate our fee structure, the billing process, or charges owed to DLC; post false, inaccurate, misleading or defamatory content (including personal information about any Website user);
    • Take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website);
    3. FEEDBACKAs a participant in the Website, you agree to use careful and good judgement 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, DLC, 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 DLC.3. Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning Feedback, DLC shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE CONCERNING FEEDBACK, DLC 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. DLC 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 DLC determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services. DLC reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that DLC deems appropriate in DLC sole discretion. DLC 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 DLC discretion, DLC will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet. DLC does not and cannot review every Posting posted to the Website. These prohibitions do not require DLC to monitor, polish or remove any Postings or other information submitted by you or any other user.

D. Rules for Service Providers

  1. PROFILES AND OFFERS MUST NOT BE FRAUDULENTSubject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Providers shall not:
    (a) list Services or offers relating to any Service in a category that is inappropriate to the Service which are asked to deliver
    (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.
  2. PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR OUTWIT DLC FEESSubject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Providers shall not:
    (a) offer a catalogue 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 DLC to purchase the Service or any other service outside of DLC;
    (f) use their Profile page or user name to promote services not offered on or through the Website and/or any kind of other services.In case we realize that any professional is involved in any of the above activities, DLC holds the sole discretion to blacklist the professional and withhold any outstanding credits or payments to the professional.
  3. PROFILES AND OFFERS SHOULD BE COMPETETIVE IN MARKET AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL WEBSITE USERSSubject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Providers shall not:
    (a) plea Service Users to mail cash or use other payment methods not specifically permitted by DLC as approved payment methods;
    (b) include links that do not conform to DLC policies with respect to third-party links;
    (c) use certain types of HTML and JavaScript in Postings, your Profile page, your Offer page, or your Wants page;
    (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 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 DLC;
    (g) include third-party endorsements in a Posting; or
    (h) create a Posting that does not offer a Service.
  4. SERVICE PROVIDER’S CONSENTService Provider’s should kindly provide consent on these points and accept the terms of DLC or else don’t accept the terms the delivery of services accordingly as after accepting the terms, creating any obscene situation would result in legal actions. Entitled terms are
    (1) DLC would charge Convenience Fee or Access Fee for the Service which would be determined and amended at the sole and absolute discretion of DLC. The Convenience Fee or Access Fee shall be payable by service seeker to DLC 
    (2) At the end of the work you have full authority to receive the wages amount from “Service Seeker” who has hired you at the entitled rate as DLC will not entertain any kind of wage disputes between service “Seeker and Provider”. 
    (3) If the distance is more than 2 km then you can also take T.A at public rate maximum not more than 15 rupees for one side from service seeker only. 
    (4) Total wages will be collected by you in any mode in which you desire to receive DLC will only deduct its nominal charges.
  5. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROVIDERSIf a Service Provider violates any of the above-referenced rules in connection with his or her Posting, DLC, in its sole discretion, may take any of the following actions:
    (a) cancel the Posting;
    (b) limit the Service Provider’s Account privileges;
    (c) suspend the Service Provider’s Account;
    (d) cause the Service Provider’s to forfeit any fees earned on a cancelled Posting; and/or
    (e) decrease the Service Provider’s status earned via the Feedback page, which would result in further work acquisitions;
    (f) can take legal actions against service providers.If DLC deems you to have violated any of the provisions of these Terms, including the above restrictions and guidelines on appropriate feedback, or that your conduct and/or content related to the Services may damage DLC in any way, we may suspend, disable, delete, or remove, limit or modify any part of your account, alter your rating, cancel a posting and/or cause you to forfeit any fees earned. We may also prohibit your re-registration for the Services, including blocking your email address and IP address. You may report any feedback, unwanted experiences, false or misleading presentation, transaction, behaviour or any other related violations you become aware of via email at info@digitallabour.com

E. Rules for Service Seeker

  1. SERVICE SEEKER 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 Provider’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 DLC in connection with the use or purchase of any Service.
  2. SERVICE SEEKERS CONSENTService Provider’s should kindly provide consent on these points and accept the terms of DLC or else don’t accept the terms the delivery of services accordingly as after accepting the terms, creating any obscene situation would result in legal actions. Entitled terms are;
    (1) You understand and acknowledge that You can register on the Site only after complying with the requirements and by entering Your Registration Data; 
    (2) You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by you;
    (3) You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through your account, whether initiated by you or any third party. Your account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without your knowledge;
    (4) We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason we may find equitable.
    (5) Except for the Registration Data or any other data submitted by you during the use of any other service offered through Site (“Permitted Information”), DLC does not want you to, and you should not, send any confidential or proprietary information to DLC on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms you agree that any information or materials that you or individuals acting on your behalf provide to DLC other than the permitted information will not be considered confidential or proprietary.
    (6) It is your responsibility to check to ensure that you download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if you download the wrong version of the application for your mobile device. We will not be liable for any unauthorised transactions.
  3. SERVICE SEEKERS RESPONSIBILITY TOWARDS SERVICE PROVIDERSREGARDING PAYMENT(1). In relation to DLC services, service seeker will have to give TA to worker if he will hire worker who is 2 km far from his work place & you shall pay such Additional Fee.(2). Service seeker will be responsible from our side to pay the wages, total wages will be distributed by the service seeker by any mode in which worker desires to receive.(3). We are only mediator and we only charge fees to deliver your required people at your workplace for job and we also have checked the detail of selected person on the basis of government proof in case of all mistake which will be done from hired person side then solely selected/hired person will be liable and company will not be liable to any person in any case. For labour we will hold the right to cancel the job anytime in all cases and company will not liable to any person.(4). DLC shall provide a receipt of the Total service charges payable by You at the end of the making payment. All applicable taxes in respect of the Fare, Convenience Fee, Additional Fee, Cancellation Fee shall be borne and payable by You to the DLC, as the case will be.(5). Any payment related issue, except when such issue is due to an error or fault in the Site, shall be resolved between You and the Payment Processor.(6). In case of urgent booking, company can charge high price as compare to normal price. Except service charges all charges will be applied in same way for urgent booking.
  4. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE SEEKERS:If a Service User violates any of the above-referenced rules in connection with his or her Posting, DLC, in its sole discretion, may take any of the following actions:
    (a) cancel the Posting;
    (b) limit the Service seeker’s Account privileges;
    (c) suspend the Service seeker’s Account; and/or
    (d) decrease the Service seeker’s status earned via the Feedback page
    (e) can take legal actions for violation of rules.FORCE MAJEUREWe shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.

F. Use of Submitted Content

  1. NO CONFIDENTIALITYThe Website may 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, DLC 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 DLC shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.DLC may also disclose user information including personal information if DLC 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 DLC 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 behaviour (including, but not limited to, fraud).
  2. YOUR REPRESENTATIONS AND WARRANTIESYou 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) you own or have the necessary licenses, rights, consents, and permissions to use and authorize DLC to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use; and
    (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Website.
  3. YOUR OWNERSHIP RIGHTS AND LICENSE TO DLCYou retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to DLC for posting on the Website, you hereby grant, and you represent and warrant that you have the right to grant, to DLC a perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Website and DLC (and its successor’s) business operations, including without limitation, for the promotion and redistribution of any part or all of the Website, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your Submitted Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete the Submitted Content from the Website.You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve
    (a) transmissions over various networks; and
    (b) changes to confirm 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.
  4. SUGGESTIONSIf you send or transmit any communications, comments, questions, suggestions, or related materials to DLC, 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 DLC 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 DLC 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.

G. Copyright Infringement Take Down Procedure

DLC has high regard for intellectual property and expects the same level of standard to be employed by its users. DLC 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@digitallabourchowk.com

(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;

(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit DLC to locate the material.;

(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;

(iv) information reasonably sufficient to permit DLC to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and

(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice.”

Only the intellectual property rights owner is permitted to report potentially infringing items through DLC reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

H. Modifications to or Termination of Website

  1. MODIFICATION OR CESSATION OF WEBSITEDLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that DLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of DLC services.
  2. TERMINATION BY DLCYou hereby acknowledge and agree that DLC, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content on the Website (“Termination of Service”), immediately and without notice, for any reason, including without limitation, Account inactivity or if DLC believes or has reason to believe that you have violated any provision of the Terms of Use.
  3. TERMINATION BY YOUYou may cancel your use of the Website and/or terminate the Terms of Use with or without cause at any time by following the link in your Account under “Account Preferences” to “Deactivate Account.”
  4. EFFECT OF TERMINATIONUpon termination of your Account, your right to participate in the Website, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Website, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Website. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the DLC system.Unless DLC has previously cancelled or terminated your use of the Website (in which case subsequent notice by DLC shall not be required), if you provided a valid email address during registration, DLC will notify you via email of any such termination or cancellation, which shall be effective immediately upon DLC delivery of such notice.Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of DLC Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that DLC shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, DLC retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted DLC hereunder shall remain in effect for the foregoing purpose. In no event is DLC obligated to return any Submitted Content to you.You agree to indemnify and hold DLC, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Service.

I. Intellectual Property Rights

  1. DLC OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITEThe content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by DLC. Other trademarks, names and logos on this Website are the property of their respective owners.Data on the Website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. DLC reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
  2. DLC LICENSE TO YOU FOR THE USE OF DATA AND MARKSThe Website contains DLC Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and DLC owns and retains all rights in the DLC Data and Marks. Subject to these Terms of Use, DLC hereby grants you a limited, revocable, non-transferable, non-sublicensable license to reproduce and display the DLC Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Website.The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.

J. Taxation

All charges and fee are inclusive of taxes. You understand that we are acting solely as an intermediary for the collection of 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 DLC shall not be responsible or liable in any manner in relation to tax liability of a Service Seeker or a Service Provider.

K. Negotiation of Terms of Service

  1. NEGOTIATION WORKSHEET AND CONTRACT TEMPLATEAs a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, DLC provides a general framework for negotiating the terms of Service (e.g., rate) (“Negotiation Worksheet”). Registered Users acknowledge and agree that
    (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and
    (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Negotiation Worksheet.You should not rely on the any information or resources contained on the Website, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any professional, financial, legal or other advice or counsel. DLC makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Websites, including, without limitation, the Negotiation Worksheet. In no way will DLC be responsible for any actions taken or not taken based on the information or resources provided on this Website. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Website, however provided.
  2. DLC IS NOT A PARTY TO ANY SERVICE CONTRACTEach Registered User hereby acknowledges and agrees that DLC is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website. Each Registered User acknowledges, agrees and understands that DLC only seeks to provide a platform wherein the Service Seeker and Service Provider can be brought together and DLC itself has not role in the execution or provision of Services.
  3. NO AGENCY OR PARTNERSHIPNo agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Website, including without limitation, the Negotiation Worksheet or Agreement for Service. You do not have any authority whatsoever to bind DLC in any respect. All Service Professionals are independent contractors. Neither DLC nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SINCE DLC only seeks to provide a platform wherein the Service Seeker and Service Provider can be brought together and DLC itself has no role in the execution or provision of Services ITSELF, DLC SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE WEBSITE, OR BETWEEN REGISTERED USERS OR ANY WEBSITE USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT DLC IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE WEBSITE USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE DLC, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER.

L. Dispute Resolution

If a dispute arises between you and DLC, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and DLC hereby agree that we will resolve any claim or controversy at law and equity that arises out of the Terms of Use or the Website in accordance with this section or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at support@digitallabourchowk.com . The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  1. GOVERNING LAWThe Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in New Delhi, India.

M. Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND DLC 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 “WHEREIS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. DLC 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. DLC 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. DLC 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.

N. Limitations of Liability

  1. IN NO EVENT SHALL DLC, 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 DLC 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 DLC, 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 DLC BY YOU HEREUNDER.YOU HEREBY ACKNOWLEDGE AND AGREE THAT DLC 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 DLC 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 DLC. DLC DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. IN ADDITION, DLC WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE DLC FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRDPARTY WEBSITE. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE WEBSITE.

O. Indemnification and Release

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS DLC, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE WEBSITE; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE.

IF YOU HAVE A DISPUTE WITH ONE OR MORE WEBSITE USERS, YOU FOREVER RELEASE DLC (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR ANY SUBMITTED CONTENT.

THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY DLC WITHOUT RESTRICTION.

P. No Third-party Beneficiaries

You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

Q. Notice

You agree that DLC may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website.

R. General Information

  1. ENTIRE TERMS OF USEThe Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by DLC on the Website, shall constitute the entire agreement between you and DLC concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and DLC failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
  2. STATUTE OF LIMITATIONSYou agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
  3. SECTION HEADINGSThe section headings in the Terms of Use are for convenience only and have no legal or contractual effect.