Terms of Service
Orkos Technology, on behalf of itself and its affiliates/group companies under the brand ‘Orkosappointment.com’ and ‘Orkostraining.com’ is the author and publisher of the online marketplace www.orkosappointment.com and www.orkostraining.com as also mobile applications ‘orkosappointment’ and ‘orkostraining’.
THIS AGREEMENT is made by and between Orkos Technology having its office at Firpos Market , Ground Floor,18 A, B & C Jawaharlal Nehru Road, Kolkata 700013, and the person/entity/company who shall be providing its Services )hereinafter referred to as the "Professional)
WHEREAS Orkos Technology (hereinafter referred to as “We” or “Our” or “Us” is facilitating to provide a platform for consultation wherein services are rendered by Lawyer/Doctor/Professional/Trainer/ etc. collectively referred to as “Platform Services” via website, m-web and mobile application (collectively referred to as the “Platform”) to users. Orkos Technology only provides the platform to facilitate meetings between the Professional and the User.
WHEREAS the Professional (hereinafter referred to as “You” or “Your” or “Yourself”) is a reputable Lawyer/Doctor/Professional trainer/any other Professional and is willing to and capable of providing Services at the Platform to users by taking one on one consultation appointments/phone appointments/ sessions / Conferences/ Meetings/ Live Trainings or Video recorded trainings on the Platform.
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the premises, mutual covenants and agreements herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. General Terms
a) Professional participating in any aspect on the Platform acknowledge that rules of professional conduct apply to all aspects of your participation and that you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of your respective profession, and misrepresentations of fact. We disclaim all responsibility for your compliance with these rules.
a) It shall be the responsibility of the Professional to ensure that the information provided by User is accurate and not incomplete and understand that Orkos Technology shall not be liable for any errors in the information included in any communication between the Professional and User. In case Orkos Technology fails to ascertain the identity of the User by not requesting for a valid ID proof or KYC, the Professional shall be responsible to ascertain the identity of such User and proceed to provide Platform services at its own risk and peril.
b) The Professional understands that Orkos Technology makes no promise or guarantee for the number of consultations that will be allocated to a Professional on the Platform. The consultations allocated to a Professional will depend upon various factors, which inter-alia includes, User response time, User feedback and number of Professionals available, etc.
d) The Professional shall indemnify and hold harmless Orkos Technology and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to litigation fees and attorney fees) arising due to the Services provided by the Professional including but not limited to any kind of advice rendered by such Professional which may result in any loss including health/business/financial/mental loss, violation of any law, rules or regulations by the Professional or due to such other actions, omissions or commissions of the Professional that gave rise to the claim. In no circumstance shall Orkos Technology be liable to the User for the actions, omissions or commissions of the Professional.
e) It shall be the responsibility of the Professional to access the correct domain name of the Platform. The Professional shall indemnify and hold harmless Orkos Technology in case it accesses a different/incorrect domain name on its own or due to a possible fraudulent activity by a third party.
f) For the purpose of holding one on one consultation appointments/phone appointments/ appointments / sessions / Conferences/ Meetings on the Platform, the Professional shall ensure that they respond to User's concern within a maximum of One hour of the Professional receiving the message. However, the time frame for response shall be between 0-5 minutes. Further, the Professional shall ensure that they strictly adhere to the time allocated by them to User for holding such appointments / sessions / Conferences/ Meetings on the Platform.
g) In a scenario where a User does not connect with the Professional at the given time due to technical errors, the Professional shall ensure that another time slot is made available to the User without charging of any extra fees from such User.
3. Professional Listings:
This refers to the various kinds of Listings Service that can be selected by the Professional. Orkos Technology provides the following kinds of listings Service ("Listings"): (a) Subscription based Listing/ Lifetime package (b) pay-per-click Listing/ Cost per enquiry-based package (iii) Other Services as may be introduced by Orkos Technology from time to time.
ii. Orkos Technology for a consideration as determined and paid by the Professional shall provide the listing services under Subscription based listing/ Lifetime package for a period up to one (1) year.
iii. The Professional opting services under this package shall also get the visibility preference over other free listings.The visibility under the lifetime services in relation to providing Platform Services to the Users shall be made available on the Platform provided that the Professional’s business listing is active on the Platform as per applicable terms of service & as per Orkos Technology’s business policy revised from time to time.
iv. Orkos Technology, at its discretion, shall not be liable in any manner to provide the services or otherwise in the event of failure on the part of Professional to honour the payment for the aforesaid package. Orkos Technology reserves its right to determine the listing in the event of non-payment for its services and as per its business requirement.
v. Orkos Technology does not guarantee that enquiries/leads will be generated by it for the Professional or that any of such enquiries/leads will be converted into business for the Professional.
b) Pay-per-click listing/ Cost per enquiry-based package
i. The Professional listing must identify the business category in which he/she wants to be listed (“Category”) and agrees to pay either per enquiry or for the total number of enquiries.
ii. An enquiry is generated when (i) Orkos Technology disseminates information about the Professional’s listings to a User upon the request by User for information (ii) Orko’s Technology provides facilities via Platform Services made available to Users who decide to avail such Platform Services.
iii. The cost per enquiry shall be determined based on the total number of enquiries divided by total amount as paid by the Professional. To clarify, upon each enquiry being generated through Orkos Technology, an amount equal per enquiry shall be deducted from the total amount paid by the Professional. Upon threshold being reached on a given day, no more enquiries shall be shared under the contract however; the Professional may have an option to renew the services as per the prevailing rates.
iv. Orkos Technology does not guarantee that enquiries/leads will be generated by it for the Professional or that any of such enquiries/leads will be converted into business for the Professional.
4. Pricing and Refund Policy
- Orkos Technology and the Professional shall have the right to terminate relationship with You unilaterally without any reason, and applicable amount or cash back (if any) or pro-rata refund, deducting the applicable portal charges decided by Orkos Technology or any other charges as the case may be, shall be refunded to You subsequently.
- Paid appointment can be cancelled 24 hrs before the set date & time by the user only. The entire consultation amount as mentioned on the Website will be refunded after deducting the applicable portal charges decided by Orkos Technology or any other charges as the case may be, to the User within the next five (5) to six (6) business days from the date of cancellation in the original mode of payment done by the User while booking.
- In the event that, the Professional with whom User has booked a paid appointment via the Website, has not been able to meet the User and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the services from the said Professional. The appointment can be reschedule or User can cancel the appointment within same days from the occurrence of such even by the call center team / registration desk or User can write to us at email: [email protected] The entire consultation amount as mentioned on the Website will be refunded after deducting the applicable portal charges decided by Orkos Technology or any other charges as the case may be, to the User within the next five (5) to six (6) business days from the cancellation request in the original mode of payment done by the User while booking.
- In case where the User, does not show up for the appointment booked with a Professional, without cancelling the appointment beforehand. The amount will not be refunded.
- With regards to payments, the Platform shall not be responsible for any unauthorised transactions conducted on Orkos Technology Platform using your payment card or internet banking. The Platform shall not be obligated to refund any money to you in such or like instances.
Any attempt by the Professional to interact with the User through any other external means of communication will amount to violation of this Agreement by the Professional.
6. Confidentiality and Non-Disclosure
a) It is understood by the Professional that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Professional privilege. Orkos Technology will not be privy to such information and shall not be liable to either the Professional or the User in case of any breach of this clause.
b) The Professional will take all precautionary measures to ensure that all personal information and all personally identifiable information shared by the User, through the Platform in the due course of appointments / sessions / Conferences/ Meetings are not shared with any one for any cause, be it commercial or otherwise.
c) The Professional agrees that they will not record/ copy /store/ distribute/ transfer/ transmit appointments / sessions / Conferences/ Meetings held with the User on the Platform. The Professional understands and agrees that any kind of violation on this count may lead to immediate termination of his services. Further, considering Orkos Technology would not be privy to the information exchanged between the Professional and the User, the Professional unconditionally agrees that in case of any breach of privacy of a User, the Professional will be held liable and also agree that the Professional will indemnify Orkos Technology in case of any claims arising out of the Professional’s act or omission leading to such privacy breach.
d) In the event, Orkos Technology receives any court order or notification from a government agency that any information posted by the Professional amounts to a breach of this provision, Orkos Technology will take such steps necessary as required under law to remove or disable access to such information and may suspend or terminate Professional’s access at its sole discretion. The Professional agrees that any information provided to the government agency for the aforesaid purpose by Orkos Technology will not amount to breach of Confidentiality on its part.
e) The Professional agrees to keep confidential all deliverables and all data, technical, product, business, financial, and other information regarding the business and software programs of Orkos Technology, its affiliates, customers, employees, investors, contractors, vendors and suppliers (the “Confidential Information”), including but not limited to programming techniques and methods, research and development, computer programs, documentation, marketing plans, customer identity, personal information of the user, user engagement models and business methods. Without limiting the generality of the foregoing, Confidential Information includes all information and materials disclosed orally or in any other form, regarding the Orkos Technology’s and/or its affiliates’ software products or software product development including, but not limited to, the configuration techniques, data classification techniques, user interface, applications programming interfaces, data modelling and management techniques, data structures, and other information of or relating to the Orkos Technology’s and/or its affiliates’ software products or derived from testing or other use thereof.
f) The Professional shall at all times protect and safeguard the Confidential Information and agrees not to disclose, give, transmit or otherwise convey any Confidential Information, in whole or in part, to any other person.
g) The Professional agrees that it will not use any Confidential Information for its own purpose or for the benefit of any third party and shall honour the copyrights and other intellectual property rights of Orkos Technology and will not copy, duplicate, or in any manner reproduce any such copyrighted materials.
h) Upon request of Orkos Technology or upon termination of the Agreement, Professional shall promptly deliver to Orkos Technology any and all documents, notes, or other physical embodiments of or reflecting the Confidential Information (including copies thereof), if any that are in possession or control of the Professional.
i) Nothing in the Agreement will be construed as conveying to the Professional any right, title or interests or copyright or Trademark or any Intellectual Property Rights or to any Confidential Information of Orkos Technology; or to convey any license as to use, sell, exploit, copy or further develop the same.
j) The confidentiality obligations of the Professional as mentioned herein will survive termination or expiration of the Agreement. ‘Orkosappointment.com’ and ‘Orkostraining.com’ has the right to take such action it deems necessary to protect its rights hereunder, including, without limitation, injunctive relief and any other remedies as may be available at law or equity.
7. Representations and Warranties
The Professional represents and warrant that: (a) Their Services and all aspects of their offer, sale, and performance will comply with all applicable laws, including any applicable licensing, registration, or filing requirements; and (b) They and Their Personnel are authorized to lawfully provide their Services, including under any applicable laws.
8. Express Disclaimers:
a) The opinions, statements, answers provided by the Professional via the Platform are solely their individual and independent opinions and statements of such Professional and do not reflect the opinions of Orkos Technology. Any harm or damage caused to the User as a result of the aforesaid opinions or statements by the Professional shall render the Professional solely responsible for the same. Orkos Technology shall not be liable to the Professional or User under any circumstances whatsoever.
b) Orkos Technology is not a party to the dealings between User and the Professional, including posts, proposals, screening selection, contracting, and performance of Services. Orkos Technology does not introduce/advertise Professionals to Users. It merely makes the Platform Services available to enable Users to identify and determine the suitability of Professionals for themselves. Orkos Technology does not, in any way, supervise, direct, or control the Professional or Professional’s work.
c) Orkos Technology does not set Professional’s work hours, work schedules, or location of work, nor is it involved in determining the Professional's Fees for a Service.
d) Orkos Technology will not provide the Professional with training or any equipment, labour, or materials needed for a particular Service. Orkos Technology does not provide the premises wherein the Professional will perform the work.
e) Orkos Technology makes no representations about and does not guarantee the quality, safety, or legality of the Professional Services; the qualifications, background, or identities of Users; the ability of Professional to deliver Services; the ability of Users to pay for the Services; or that a User or Professional can or will actually complete a transaction.
9. Limitation Of Liability
a) In no event, including but not limited to negligence, shall Orkos Technology, or any of its directors, officers, employees, agents or content or service providers, affiliates and group companies (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Platform or the content, materials and functions related thereto, the Services, User’s provision of information via the Platform, lost business or lost End-Users.
b) In no event shall the Protected Entities, inter alia, be liable for:
i. provision of or failure to provide all or any Service by the Professional to End- User contacted or managed through the Platform;
ii. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Platform;
iii. any unauthorized access to or alteration of their transmission or data;
iv. Personal injury or property damage, of any nature whatsoever, resulting from their access to or use of Orkos Technology’s service or website;
v. Any unauthorized access to or use of Orkos Technology’s secure servers and/or any and all personal information stored therein;
vi. Any interruption or cessation of transmission to or from the Platform;
vii. Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform by any third party;
viii. Any errors or omissions in any requests or content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the website;
ix. The defamatory, offensive, or illegal conduct of any third party; and/or
x. Any transaction or relationship between the Professional and any third party provider including its breach thereof;
xi. any other matter relating to the Platform or the Service.
c) Orkos Technology does not represent or warrant that the Platform will be error-free, free of viruses or other harmful components, or that defects will be corrected. Orkos Technology does not warrant or represent that the information available on or through the Platform will be correct, accurate, timely, or otherwise reliable. Orkos Technology may (but are not obligated to) make improvements and/or changes to its features, functionality or content of the Site at any time. In no event shall Orkos Technology be liable for any such errors or defects.
10. Right to Use Logos And Trademarks
Orkos Technology is entitled to use the Professional’s name, logo, photo, video including trademarks (collectively, “Marks”) on the Platform/Third Party Websites and its marketing materials. Orkos Technology will be permitted to issue press releases of any kind referencing the Professional and the Marks. However, the Professional shall seek a written permission from Orkos Technology to participate in any press releases or for using trade names, trademarks, or service marks of Orkos Technology in any of its advertisement, publicity, or promotion.
11. Amendment and Termination
a) Orkos Technology has the right to suspend or terminate services of the Professional provided through the Platform and under this Agreement, without notice in addition to exercising any other remedy available under law, in case of the occurrence of the following events:
ii. Violation of any applicable laws;
iii. If any third-party reports violation of any of its right as a result of the Services rendered by the Professional.
12. General Provisions
a) Notice: All notices from Orkos Technology will be served by email to registered email address of the Professional or by general notification on the Platform. Any notice provided to Orkos Technology pursuant to the Agreement shall be sent to [email protected] and [email protected] simultaneously.
b) Assignment: This Agreement and any rights and licenses granted hereunder shall not be transferred or assigned by the Professional. Any attempted transfer or assignment in violation hereof shall be null and void. Orkos Technology shall have the right to assign the same by without any restriction.
c) Severability: In the event any portion of this Agreement is deemed to be invalid or unenforceable, such portion shall be deemed severed and the parties agree that the remaining portions of this Agreement shall remain in full force and effect.
d) Waiver: No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Orkos Technology. Any consent by Orkos Technology to, or a waiver by Orkos Technology of any breach by the Professional, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
13. Force Majeure
Neither party hereto shall be responsible for any losses or damages to the other occasioned by delays in the performance or non-performance of any of said party’s obligations when caused by Acts of God, strike, acts of war, inability of supplies or material or labor or any other cause beyond the reasonable control of the said party at any time for performance of any services or shall be extended by the period of such delay.
a) The parties agree that this Agreement and any contractual obligation between the Orkos Technology and Professional will be governed by the laws of India.
15. Entire Agreement
We collect information from our visitors both by asking specific questions on this site and by permitting you to communicate directly with us via e-mail/ phone/ live chat or another channel. Some information that you submit may be personally identifiable/personal information (that is, information that can be uniquely identified with you, such as your name, address, e-mail address, phone number, License No and other documents) and/or sensitive personal information (that is, information which relates to the following - usernames/ passwords or financial information such as bank account or credit card or debit card or other payment instrument details. All such information is stored or used for processing orders and under no circumstance are any of these details made available in the public domain. We may use this information to send you further information regarding our services.
We may collect, store or accumulate certain non-personally identifiable information concerning your use of this Site, such as information regarding which of our pages are most often visited. We may share with or transfer to third parties such non-personally identifiable information for the purpose of maintaining the Site, responding to direct inquiries or measuring traffic and traffic trends on this Site. We do not otherwise provide or sell any of this information to third parties. We currently also store "cookies" - files written to the visitor's computer that are used by some sites for record-keeping or to remember certain information about visitors. Information stored in such cookies is only for temporary use to help in the proper functioning of the site. Information stored in cookies is not shared with any third party.
Orkos appointment uses your personal information and sensitive personal information to enhance the operation of this site, allowing you to use all of its features and respond to your requests for information. We may contact you about new features or services in which we believe you may be interested.
We may disclose any information we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request.
We may use IP addresses to analyse usage, administer our site, and gather demographic information for aggregate use.
We may retain other companies and individuals to perform functions on our behalf. Examples include data analysis firms and web hosting companies. Such third parties may be provided with the information described above. A list of such third parties may be provided under circumstances warranted under applicable law. Further, we will not retain any personal information or sensitive personal information for longer than is necessary for the purposes for which it has been collected.
We may transfer or disclose your sensitive personal information to other third parties provided they implement the same level of security practices as we do i.e. not below the standards of IS/ISO/IEC 27001. Such transfer or disclosure shall be for lawful purposes.
We strive to provide you with as many choices and as much control as possible regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
You may send us an e-mail message at [email protected] to request access to, correct or delete any personal information and sensitive personal information that you have provided to us.You may also opt out of the consent so given to us to collect, use, transfer and/or disclose your personal information and/or sensitive personal information and of receiving marketing messages from us by notifying us at [email protected]
We work hard to protect your personal information. We use both technical and procedural methods to maintain the integrity and security of our databases, including firewalls. We have implemented security standards not lower than IS/ISO/IEC 27001 to protect your personal information and/or sensitive personal information.
This Site is not intended for minors. We will not knowingly collect information from Site visitors in the age group of minors, as per applicable law.
We have taken great measures to ensure that your visit to our Site is a satisfying one and that your privacy is constantly respected. If you have any questions, comments or concerns about our privacy practices, please contact our grievance officer by e-mail at [email protected] or telephone at +91 033 4181 7000.