Terms of Service
SERVICES AGREEMENT
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’.
Please carefully go through these terms and
conditions (“Terms”) and the privacy policy available at the time of
registration as well as website & Apps Page (“Privacy
Policy”) before you decide to access and avail the services made available
on the Platform. These Terms and the Privacy Policy together constitute a legal
agreement (“Agreement”) between you and Orkos Technology in
connection with your visit to the Website and your use of the Services (as
defined below).
By downloading/ accessing/ clicking “I Agree” to use
the Platform in order the Services, you irrevocably accept all the conditions
stipulated in this Agreement and Privacy Policy,
as available on the Platform, and agree to abide by them. If you do disagree
with any part of the Terms and conditions of this Agreement or Privacy policy, then
you may discontinue the access and use of the Platform.
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.
2.
Terms
of Use
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.
vi.
Notwithstanding
anything contained hereinabove, all other clauses specified under “Terms of Use"
shall remain applicable in full force to the Professional who has obtained
services under the Subscription based listing/ Lifetime package.
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.
v.
Notwithstanding
anything contained hereinabove, all other clauses specified under “Terms of
Use" shall remain applicable in full force to the Professional who has obtained
services under the Pay-per-click listing/ Cost per enquiry-based package.
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.
5.
Exclusivity
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:
i.
Breach
of any terms and conditions of this Agreement or Privacy Policy;
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.
14.
Governing Law
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
Privacy
Policy
Orkos appointment respects your privacy as a visitor to our site www.orkosappointment.com
It is important for you to understand what information we collect about you
during your visit and what we do with that information. Your visit to this Site
is subject to this "Privacy Policy" and our Terms of Use, as may be
amended from time to time.
Information Collection and Use
We will not use information provided through your use of this Site
except as set forth in this Privacy Policy.
Active Data Collection
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.
Passive Data Collection
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.
Use of Information
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.
Log Files
We may use IP addresses to analyse usage, administer our site, and
gather demographic information for aggregate use.
Third Parties and Retention of
Information
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.
Transfer and Disclosure of
Sensitive Personal Information
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.
Choices You Have About How We
Use Your Information
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]
You should review this privacy policy carefully, because if you do not
agree with our practices, your ultimate choice is not to use this site.
Remember, by using any part of this Site, you accept and agree to our privacy
practices. If we update this privacy policy, your continued use of this Site
(following the posting of the revised policy) means that you accept and agree
to the terms of the revised privacy policy.
How We Protect Your Information
(Reasonable Security Practices)
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.
Links
This Site may contain links to or from other websites. Please be aware
that we are not responsible for the privacy practices of other websites. This
Privacy Policy applies only to the information we collect on this site. We
encourage you to read the privacy policies of other websites you link to from
our Site or otherwise visit.
Notification of Changes
We may revise this Privacy Policy from time to time. If we decide to
change our Privacy Policy, we will post the revised policy here. As we may make
changes at any time without notifying you, we suggest that you periodically
consult this Privacy Policy. Please note that our rights to use any information
collected will be based on the privacy policy in effect at the time the
information is used.
What We Do About Children
Visiting This Web Site
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.
Comments and Grievances
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.