ACCEPTANCE OF TERMS

Please read the Terms of Use thoroughly and carefully before proceeding with the use of this Website and/or App. These Terms of Use set forth legally binding terms between shiftingbazar and You, whether you are simply visiting or browsing the Website for information; providing or offering Services; availing, using or purchasing said Services. By accessing or using the Website and/or App, you accept and agree to be bound by the terms and conditions of this Terms of Use Agreement (“Terms”).

These Terms described below includes and incorporates by this reference, the Privacy Policy (as defined below) and guidelines related to the use of this Website and/or App; and constitutes as a legally binding agreement between shiftingbazar and You. When using this Website, you shall be subject to all posted guidelines or rules applicable to the use of this Website.

ANY PARTICIPATION IN THIS WEBSITE AND/OR APP WILL SIGNIFY YOUR ACCEPTANCE OF THE TERMS DEFINED BELOW. IF YOU DO NOT AGREE TO ABIDE BY OR ACCEPT ANY OF THESE TERMS, PLEASE DO NOT USE OR ACCESS THE WEBSITE AND/OR APP OR ANY INFORMATION PRESENTED THEREIN.

For the purpose of these Terms, all references made to:

• “Service” collectively refers to the services offered through the Website;
• “Service Provider” refers to users of the Website providing or offering aforementioned services;
• “Service User” refers to the user requesting for, purchasing, or using the services;
• “User”, “You”, “Your” means the person accessing, viewing, using, or participating, in the Website in any manner, irrespective of whether you are a Service User, Service Provider, or simply visiting or browsing through the Website;

BY ACCESSING, USING OR PARTICIPATING IN THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND QUALIFIED TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT. WE MAY, IN OUR SOLE DISCRETION, REFUSE TO OFFER SERVICES TO ANY PERSON, USER OR ENTITY IF WE FEEL YOU DO NOT SATISFY THE MINIMUM AGE CRITERIA OR IF WE HAVE ANY REASON TO BELIEVE THAT YOU HAVE VIOLATED ANY OF THE TERMS SET FORTH HEREUNDER

PRIVACY POLICY

shiftingbazar acknowledges and understands the importance of your Privacy; and hence, has a Privacy Policy put in place, to explain to you how your personal information is collected and used by us. You can refer to the Privacy Policy referenced above and incorporated into these Terms set forth herein.

MODIFICATION OF TERMS OF USE AND/OR PRIVACY POLICY

shiftingbazar reserves the right to amend, revise, modify or change these Terms of Use or the Privacy Policy from time to time, without providing prior notice. Such revised Terms will take effect 30 days from the time it is posted on the Website. We will indicate or alert you of the changes, modifications, revisions or amendments that have been made to either the Terms or Privacy Policy by updating the date on which it was last revised (on the first line, at the top of this document). You acknowledge and agree that it is your responsibility to review or check the Terms regularly for any amendments.

YOUR CONTINUED USE OF THIS WEBSITE AND/OR APP, AFTER REVISION OF TERMS, WILL CONSTITUTE YOUR ACCEPTANCE OF THE REVISED TERMS. IF YOU DO NOT AGREE TO ABIDE BY OR ACCEPT ANY OF THESE OR THE FUTURE TERMS, PLEASE DO NOT USE OR ACCESS THIS WEBSITE OR ANY INFORMATION PRESENTED ON THIS WEBSITE.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

You expressly acknowledge and agree that the use of the shiftingbazar Website and/or App, including but not limited to any of the content, information or data presented on the Website is solely at your own risk.

You acknowledge and agree that, while using shiftingbazar, you may be exposed to Content submitted by Third-Party sources. We are not responsible or liable for the inaccuracy, usefulness or safety of accessing such Content. shiftingbazar reserves the right to remove, delete, edit, or move the Content, in part or in whole, without prior notice, and also terminate the User’s access or permission to use the Website and/or App if We feel that the Content submitted by you is inappropriate, does not comply with the provisions mentioned in these Terms, are in violation of Copyright laws, Intellectual Property laws, or are pornographic, obscene, offensive, insensitive, or vulgar. You agree to indemnify and hold shiftingbazar free and harmless regarding all matters related to your use of the shiftingbazar Website and/or App or the Content presented therein.

shiftingbazar and its Directors, Managers, Officers, Employees, Successors, Assigns, Subsidiaries, Service Providers, and Agents (referred to herein, for the sake of these Terms, as “Team”) MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, with respect to the following:

• That you will have continuous, uninterrupted or secure access to our Website and/or App at all times or at any particular time;
• That the Content or Third-Party Data will be free of errors, inaccuracies, mistakes or defamatory material;
• That the Content, or any of the services offered on or through this site; our servers; or any electronic communication sent from us; or the Website and/or App itself will be free of viruses, bugs, Trojan Horses or similar harmful components;
• That the use of the shiftingbazar Website and/or App or availing any Services through shiftingbazar will meet, fulfil or satisfy your requirements completely;
• That the Services will be secure and available at any particular time and location;

shiftingbazar and its Team DO NOT PROVIDE ANY WARRANTIES AGAINST and DISCLAIMS ALL LIABILITIES FOR:

• Errors, mistakes, incorrectness, incompleteness, falsity, deceitfulness, inaccuracy, omissions, or quality of any information presented on the shiftingbazar Website or App, including but not limited to any of the Content or Third-Party Data;
• Any form of loss or damages incurred by you, whether direct, indirect, special, incidental, punitive, consequential, or exemplary, as a result of your use of the Website and/or App, its Content, or Services provided or offered on or through the shiftingbazar Website and/or App
• Any bugs, viruses, Trojan Horses, or other similar harmful components that may be transmitted through the use of Our Website and/or App, through any Third-Party website or link;
• Any interruptions caused in transmissions to or through the Website and/or App while being used;
• Failing to provide any requested information which may or may not be available on the Website or App; or if you have obtained or not obtained desired information from all the Content presented on the shiftingbazar Website and/or App;
• Any illegal, offensive, abusive or defamatory conduct of any Service User(s), Service Provider(s) or other Third-Party individual(s);
• Any disputes arising from or as a result of the transactions or dealings made between Service User(s) and Service Provider(s);

shiftingbazar will not be involved in, party to or responsible for any transaction, or disputes, that takes place between Service User(s) and Service Provider(s), and disclaims all liabilities related to the same.

shiftingbazar Website and App may contain information and links provided by one or more Third-Parties; and, we cannot have complete control and are not responsible for the information provided by such Third-Parties (Third-Party Data). shiftingbazar does not endorse, warrant, guarantee, or assume responsibility for the product, service, or material advertised, offered or provided by a Third-Party, and the placement of such Third-Party Data, links or advertisements in any part of the Website does not constitute endorsement by shiftingbazar in any way. Therefore, you acknowledge that you will hold shiftingbazar and its Team free of any liabilities arising from your access or use of such Third-Party Data and links to their websites presented on the shiftingbazar Website and/or App, or the content presented therein. We would advise you to read the Terms and Conditions of each Third-Party website before you visit or use the same.

The Services and information presented on the shiftingbazar Website or App may contain Technical Inaccuracies or Typographical Errors. Hence, you agree to use your best judgement and exercise caution while using the Content or Services on the shiftingbazar Website and/or App.

COPYRIGHTS AND INTELLECTUAL PROPERTY RIGHTS

The original content, features, and functionality in the shiftingbazar Website and App, including without limitations all the information, text, scripts, graphics, images, displays, audio, video and software (collectively referred to herein as “Info”), are owned by shiftingbazar; and all the logos and icons (“collectively referred to herein as “Brand”), are trademarks of shiftingbazar. The Info and Brand of shiftingbazar are protected by copyright, trademark, trade secret, patent, and other intellectual property or proprietary rights laws.

Any and all other trade names, trademarks, logos, and content presented on the shiftingbazar Website and/or App are submitted by Third-Party Service Providers or licensors (“Third-Party Info and Brand”); the ownership and rights to which, rest completely with their respective owners. You must ensure not to use the Info, Brand and other materials on the Website and/or App for any other purpose except as expressly permitted herein.

Users of the shiftingbazar Website and/or App should make sure that the Content available on the Website and/or App be used for non-commercial, personal, informational, reference and research purposes only. You must not copy, reproduce, alter, modify, create derivative works, redistribute, rebroadcast, republish, publicly display, download, store, loan, rent, sell, or commercially exploit the information or any of the Content on the Website and/or App in any manner, without prior written permission from shiftingbazar or the respective owners. The shiftingbazar Website and App may contain Third-Party Info and Brand, including but not limited to text, graphics, logos, trade names, and other content, which you shall not misuse in any manner. You also agree not to modify, disable, override, circumvent, or otherwise interfere with any of the security features or interactive features of the Website and/or App, which may prevent, restrict, or enforce limitations on the access or use of the Website and/or App.

These Terms grant you, the User, a personal, non-exclusive, non-transferable, revocable and limited license to access and use the Website and/or App and any Content presented therein; if you download, or print a copy of any of the data, content or information published on the Website, you must do so solely for your personal use only.

Use of any of the Content presented on the shiftingbazar Website and/or App for any purpose other than expressly permitted by shiftingbazar as per these Terms is prohibited and may invite legal action.

COPYRIGHT INFRINGEMENT

shiftingbazar respects the rights of Intellectual Property Owners and expects the same from its Users.

shiftingbazar may, at its sole discretion, suspend, block, or terminate the Users of the Website who infringe upon the intellectual property rights of others.

If you are a Copyright holder, or its Agent, and you have reason to believe that any of the content, data, information or any other material owned by you has been copied and posted on the shiftingbazar Website or App, or infringes your Copyrighted material, please let us know via email: support@shiftingbazar.in.

Please mention the following information, including as much detail as possible to allow us to identify the facts or circumstances:

• A physical or electronic signature of the owner, or the person who is authorized to act on behalf of the owner, of the Copyrighted work that is allegedly infringed;
• An identification of the material that is claimed to be infringed upon and required to be removed;
• Description of where the infringed material is located on the shiftingbazar Website to help us locate the same;
• Information reasonable sufficient to contact the complaining party, such as Name, Phone Number, Address, and Email ID;
• A written statement by the complaining party, Copyright Owner or Copyright Agent that you have good faith belief that the manner in which the material is used, is not authorized by the Copyright Owner or Copyright Agent;
• A written statement that the information regarding the infringement of the Copyrighted material is in fact accurate and that the complaining party is the rightful owner, or authorized to act on behalf of the owner, of the material that is infringed upon;

THIRD-PARTY RIGHTS AND LICENSE TO shiftingbazar

shiftingbazar may post or display Data provided by Third-Parties on the Website and/or App, the rights for which is retained with the Third-Parties themselves. Third-Parties shall be solely responsible for the Data they provide and accept the consequences of displaying or publishing such Data. You hereby acknowledge and agree that you have the necessary permissions, consents, rights and licenses, including but not limited to patent, trademark, trade secret, copyright and other proprietary rights to use, display, reproduce or publish the Data.

However, by submitting such Data to shiftingbazar, you hereby grant, and warrant that you have the right to grant, a world-wide, indefinite, non-exclusive, royalty-free and transferable license to use, copy, reproduce, distribute, display, reformat, translate, and create derivative works of the Data submitted by you in the shiftingbazar Website and/or App.

You also hereby grant each User of the shiftingbazar Website and/or App a personal, non-exclusive and limited license to use or access your Data through the shiftingbazar Website and/or App, and to use, reproduce, copy, distribute, display, and create derivative works of your Data as permitted in these Terms hereunder.

You may remove or delete your Data from the Website and/or App at any point of time. The aforementioned license granted by you, to shiftingbazar and its Users, stands terminated once you delete or remove the Data from the Website and/or App.

ADVERTISEMENTS

shiftingbazar may present advertisements and promotions for or links to Third-Party websites, products and/or services (collectively referred to herein as “Third-Party Ads”, “Ads”), for which shiftingbazar receives a percentage of the revenue. shiftingbazar disclaims all responsibility and liability for the content, inaccuracy of the content, products and/or services offered by such Third-Party Ads. The presentation or placement of such Ads in any part of the Website and/or App does not imply any sort of warranty, endorsement or guarantee by shiftingbazar for the advertised products or services. Before clicking on, accessing, or using any such links to these Ads, you are advised to read the applicable Terms and Conditions of the respective Third-Party website; shiftingbazar is not liable to you in any way and we do not provide any warranties, express or implied, against any loss or damages, of any kind, incurred by you as result of your use of or access to such Ads. You acknowledge and agree that if you decide to access the links to such Ads, you do so at your own risk.

RULES OF CONDUCT

SERVICE USERS

shiftingbazar does not require Service Users to create an account for the request, use or purchase of Services listed on the Website, but we will require you to furnish your basic details such as Name, Address, Contact Number, and E-mail ID during the posting of your Required Service (herein referred to as “Request”). The details that you provide are completely your responsibility, and shiftingbazar is not liable for any of the information provided by you.

Requesting for a Service:

With respect to the use, purchase or posting of Request for a Service you agree NOT TO DO any of the following:

• Post false, fake, or fraudulent Request with no intention of following through with the use or purchase of the Service;
• Avoid or bar the calls, messages or any form of communication regarding the requested Services;
• Post a Request, commit to purchase, or negotiate a price of a Service with no intention of paying;
• Refuse to pay after using or purchasing the Service;
• Purchase a Service even when you are not satisfied with or do not agree to the terms of the Service Provider;
• Exceed the minimum number of times you can Request for a Service;
• Misuse any options offered by shiftingbazar, in relation to the use or purchase of a Service;

Reviews/ Ratings:

While writing Reviews or Ratings (referred to, herein, as “Reviews”) for a particular Service Provider, you agree to be careful and use good judgement. You SHALL NOT take the following actions:

• Post any Reviews that are misleading for other Service Users;
• Use profanity, obscenity, blasphemous, expletives or vulgar language in any of the Reviews written by you;
• Post Reviews for a Service Providers whose Services you did not use;
• Threaten to leave negative Reviews for a Service Provider in exchange for additional Services;
• Display, import, export or use the Reviews that are already on the Website, in any other Third-Party websites or use it for any unrelated purpose outside the shiftingbazar Website;

Purchasing/ Booking a Service:

While purchasing a Service or after booking a Service, you acknowledge and agree to the following:

• shiftingbazar acts only as a medium through which you are connected with third-party Service Providers;
• Service Providers render the required Services to you directly, after accepting the job through shiftingbazar;
• Once you have booked a Service, you consent that your information may be shared with the Service Provider;
• Each booked Service is limited to one Service and is non-transferable;
• You are responsible to verify and ensure that the Service Provider(s) you are dealing with is/are genuine, before getting into any oral or written agreement, contracts, or dealings with them; shiftingbazar will not be liable to you in case of any loss or damages of any kind, incurred by you, as a result of your failure to do so;
• You understand that the Service Provider will have to visit your home to inspect all the items you want to move in order to provide a more accurate cost of the Service;
• Service Provider will deliver the required Services only after you have agreed to and accepted their estimated price of moving;
• Any GST and other additional taxes that are applicable on your total cost of moving will be done as per Government Regulations;
• You agree to be bound by the Terms and Conditions of the Service Provider from the time you avail the Service and till they are completed with the Service as required; if you do not accept the Terms and Conditions of the Service Provider, you must not continue with using their Services;
• Some Services like disassembling and assembling, storage, or carpentry services may not be originally provided by the Service Providers; however, they made do so at your request, but they will be delivered at additional charges;
• You are obliged to ensure the safety of the Service Providers by taking necessary precautions when they are on your property;
• If you decide to extend the Services for any reason whatsoever, you agree that the Service Provider may revise their prices;
• In the case of any loss or damage incurred by you as a result of your use of the Services through shiftingbazar, you understand that the Service Providers are independent parties and we are not responsible for any such actions or incidents caused by the Service Provider(s);
• Any disputes arising between you and the Service Provider(s) in connection with the Service including but not limited to the quality of Service, payments, or any other agreements, would have to be mutually resolved among you and the Service Provider;
• You understand and agree that shiftingbazar will not be involved in, party to, or responsible for any dealings or transactions that take place between you and the Service Provider;

Violating any rules:

In the event of your VIOLATION of any of the above referenced rules of conduct, shiftingbazar has the right, and in its sole and absolute discretion, may take any of the following actions, with or without notice, for any reason or no reason, or for any action that shiftingbazar deems inappropriate or disruptive to the Website or any User of this Website or Service:

• Cancel your Request for a Service.
• Edit, move, delete, or remove the Review posted by you, in whole or in part.

Queries and Complaints:

We encourage you to notify us via email: support@shiftingbazar.in, in case of any:

• Concerns regarding the inappropriate use of Request or Reviews;
• Queries, complaints or concerns you may have against the Service Provider(s) who provided or did not provide the required Services;

SERVICE PROVIDERS

Service Providers are required to create an account (“Profile”) to be able to access and use the shiftingbazar Website and/or App, provide Services, and to be able to respond, reply to or get in touch with a particular Service User in connection with their posted Request for a Service.

You, as the Service Provider, shall follow certain rules and guidelines with respect to responding, offering, or providing a Service and you shall NOT DO any of the following:

• Include any information in your Profile that is false, misleading, inaccurate, fake or fraudulent;
• Create a Profile that does not provide any Services;
• List or offer Services that are not related to the Services offered by shiftingbazar and/or prohibited or inappropriate Services;
• Misinform or provide a false, fabricated, misleading, or fake address at which you will provide the Services or claim to provide the Services;
• Refuse or fail to perform the Services that you agreed to undertake, unless in the event that
• Include brand names or other inappropriate keywords in your Profile, Listing of Services, or any other content submitted by you;
• Use incorrect or misleading titles or descriptions, which do not specify or accurately explain the Services offered by you;
• Include or mention links to Third-Party Websites in any of your content, using which Services Users may obtain Services directly;
• Use your Profile page to promote Services not related to those offered through shiftingbazar and/or prohibited services;
• Use your Profile page to promote Services not related to those offered through shiftingbazar and/or prohibited services;
• Use your Profile page to promote Services not related to those offered through shiftingbazar and/or prohibited services;
• Promote rewards, prizes, bounties, compensations, random gifts and similar promotions in your Profile or communications to the Service User;
• Acknowledge or use a Third-Party to carry out Services responded to, committed or taken up by you;
• Promote a Third-Party, not listed in shiftingbazar Website or App, through your Profile, any content submitted by you or through communications to the Service User;
• Include provisions or conditions in the agreement made with the Service User that prevents or restricts them from leaving a Review for you;
• Requesting a Service User who did not use your Services, to write a Review for you, for any reason whatsoever;

In the event of your VIOLATION of any of the above-mentioned rules and guidelines, shiftingbazar has the right, and in its sole and absolute discretion, may take any of the following actions:

• Limit the Service Provider’s Profile permissions or privileges.
• Lower, reduce, or downgrade the Service Provider’s Ranking on the Website.
• Suspend the Service Provider’s Profile, for a minimum of 1 day to a maximum of 30 days, during which time your profile will be active on the Website and/or App but you will not be able to login, use your Profile or respond to any Service User Requests.
• Terminate, block, or blacklist the Service Provider’s Profile, effective upon which your login and all data will be removed or deleted from the Website and/or App completely, following which all Users of the Website will be able to see that your Profile has been BLACKLISTED by shiftingbazar.
• Cause the Service Provider to surrender, give up or relinquish the Credits or any Fees earned on a cancelled Request (as explained below).
• In the case of any loss or damages claimed from the Service User as a result of using your Services, the Service Provider must do everything possible to compensate the Service User for the same. Failing to do such a settlement, shiftingbazar reserves the right to use this Security Deposit to compensate the Service User’s loss or damages.
• The Refund process of this Security Deposit will be according to the terms of this Agreement mentioned herein.
• In the event that the name or brand of the Company (shiftingbazar) is damaged or hurt due to the act of the Service Provider, then shiftingbazar reserves the right to Block the Profile of the Service Provider on the Website and penalize partial or full Security Deposit that was paid initially.
• If the Service User has decided to take legal action against a Service Provider because of any of the following reasons: (1) Continuously not responding to the Service User even after multiple tries from the Service User’s side, (2) Giving false promises of date or time to Service User and not fulfilling it multiple times, (3) Misbehavior, unprofessional behavior, using abusive language or any other form of harassment directed towards the Service User, or (4) Not providing any kind of resolution to the problems faced by Service Users; shiftingbazar reserves the right to: (1) Blacklist your profile on the Website, and (2) Penalize the full Security Deposit amount.
• If shiftingbazar gets to know any Service Provider is selling a purchased Lead Request to other 3rd party companies, shiftingbazar reserves the right to take the following actions: (1) Blacklist the respective Service Provider Profile immediately on the Website, and (2) penalize the full Security Deposit amount.
• If shiftingbazar gets to know any Service Provider is contacting Service Users using multiple or different names other than that registered with shiftingbazar, We reserve the right to take the following actions: (1) for 1st-time offenders, a warning will be given to the Service Provider, (2) for repeat offenders, Profile will be Blacklisted on the Website, and penalize the full amount of Security Deposit.

AGREEMENT BETWEEN SERVICE USERS AND SERVICE PROVIDERS

As a Service User, you acknowledge and agree that any Agreement or Contract entered into, by you and the Service Provider, directly or indirectly through the use of Our Website, is independent of shiftingbazar and that, We are not involved in, party to, or responsible for the same. All Service Users recognize and accept that shiftingbazar is only a portal or medium through which you can meet Service Providers for the use or provision of the required Services; and shiftingbazar itself has no role in the provision or execution of said Services.

Users of the Website and/or App do not have the right to bind shiftingbazar in a partnership, joint venture, employment, or any other respect as a result of these Terms or your use of Our Website or any of the provisions set forth herein. All Service Providers are independent Third-Parties who provide or offer required services relevant to shiftingbazar; and Service Users are independent individuals who require, request or use aforementioned Services.

DISPUTES BETWEEN SERVICE USERS AND SERVICE PROVIDERS

As a User of the Website, whether you are a Service User or Service Provider, deciding whether or not to use or provide Services is your individual decision for which you alone are responsible. Any transactions and agreements made between Service User(s) and Service Provider(s) are solely limited to the two parties involved. As a Service User, you understand and acknowledge that shiftingbazar will not be responsible, party to, or involved in any such transactions or dealings carried out by you, directly or indirectly, through the use of Our Website.

shiftingbazar does not warrant or accept responsibility for the accuracy of the Content provided by the Service Providers in their Profiles and/or the fitness or suitability of any individual or organization you may decide to interact with. Service Users must exercise caution while interacting with the Service Providers and be aware of the person, individual or organization they are dealing with.

You understand, acknowledge and agree that shiftingbazar only acts as a medium through which Service Users and Service Providers can meet each other to use or provide the Services; shiftingbazar ITSELF has no role in providing or executing the said Services.

shiftingbazar will make every effort to verify the background and reliability of the Service Provider(s) referred by us, by validating via telephonic and in-person discussion. However, you understand that shiftingbazar cannot guarantee a comprehensive investigation of the previous unlawful conducts of the Service Providers. Hence, it is the responsibility of the Service Users to take necessary precautions and conduct investigations from your end before getting into any such transactions or dealing with aforementioned Service Provider(s).

shiftingbazar will make every effort to verify the background and reliability of the Service Provider(s) referred by us, by validating via telephonic and in-person discussion. However, you understand that shiftingbazar cannot guarantee a comprehensive investigation of the previous unlawful conducts of the Service Providers. Hence, it is the responsibility of the Service Users to take necessary precautions and conduct investigations from your end before getting into any such transactions or dealing with aforementioned Service Provider(s).

YOU HEREBY AGREE THAT shiftingbazar SHALL NOT BE LIABLE TO THE SERVICE USER FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, INCURRED BY YOU AS A RESULT OF YOUR USE OF THE CONTENT OR SERVICES THROUGH OUR WEBSITE, OR ARISING FROM YOUR TRANSACTIONS OR DEALINGS WITH THE SERVICE PROVIDERS. IF THERE IS A DISPUTE BETWEEN THE SERVICE USER(S) AND SERVICE PROVIDER(S), YOU UNDERSTAND THAT shiftingbazar IS UNDER NO OBLIGATION TO BECOME INVOLVED AND YOU AGREE TO RELEASE shiftingbazar AND ITS TEAM FROM ANY DAMAGES AND CLAIMS, OF ANY KIND, ARISING OUT OF OR RELATED IN ANY WAY TO THE AFOREMENTIONED DISPUTES.

PROPOSALS

You may communicate with shiftingbazar, either through email or telephone, regarding any comments, ideas, suggestions, or related materials (collectively referred to herein as “Proposals”), proposing changes to the Website including but not limited to new functionalities or features therein. All such Proposals are, and will be treated as, non-confidential and non-proprietary. You hereby acknowledge and agree that shiftingbazar is free to use any ideas, suggestions, concepts, or technical properties contained in the Proposals submitted by you, for any purpose whatsoever including but not limited to licensing, marketing and selling (directly or indirectly) products and/or services, without providing any acknowledgment or compensation to you.

However, you understand and acknowledge that shiftingbazar is not obligated to use, display or implement the ideas, techniques, suggestions, or concepts contained in your submitted Proposals and you have no right to demand, enforce or require shiftingbazar to do so, or expect due recognition or compensation in the event that such Proposals are, in reality, implemented.

PAYMENT AND REFUND POLICY

SERVICE USERS

Accessing, using, or participating in the shiftingbazar Website, is free of cost for the Service Users, and will remain the same in the future as well, to find, use, or avail the desired Services.

SERVICE PROVIDERS

To display, publish or post about the Services offered by You (Service Provider), on the shiftingbazar Website and/or App, a minimum chargeable fee is applicable.

FEES

shiftingbazar requires Service Providers to make payments (“Fees”) to be able to respond or reply to Lead Requests posted, and to contact Service Users, irrespective of whether the Lead Request eventually results or converts into a confirmed transaction or not.

shiftingbazar requires Service Providers to make at least 1 Lead Request purchase every month (4 weeks).

CREDITS

Service Providers are required to make advance payments (“Credits”) from which the Fees will be deducted as and when necessary.

shiftingbazar also requires Service Providers to maintain a minimum Credit limit in the Profile, failing which, the Service Providers will not be able to respond to any Lead Requests until they replenish the Credits. Therefore, Service Providers must ensure to refill Credits regularly, to be able to follow up on Service User Requests unhindered in the future.

shiftingbazar will not be liable to any Service Provider in the event that the Service Provider is unable to convert the Service User Request into a confirmed transaction for any reason or if the Service Provider is unable to respond or contact the Service User due to an exhausted Credit limit.

SMS CHARGES

shiftingbazar will apply SMS charges to Service Providers if their Profile remains inactive for 4 weeks or more.

Depending on the Profile Activity, shiftingbazar reserves the right to take the following actions:

• Only Profile is ACTIVE: If the Service Provider is logging into the Profile regularly but not purchasing Lead Requests for 4 weeks or more, then SMS charges will be applied to the Service Provider for the duration of those 4 weeks.
• Profile is completely INACTIVE: If the Service Provider has neither logged into the Profile nor purchased Lead Requests for 4 weeks or more, then SMS charges for the duration of inactivity will be applied to the Service Provider as well as the Profile & SMS facility will be SUSPENDED. For reactivation, Service Provider will be required to send an email request to partner@shiftingbazar.com.

SMS charges will be applied to Service Providers based on the duration of Their Profile inactivity. Charges will also vary according to the city in which the Service Provider is based out of.

REACTIVATION CHARGES

Suspended Profile: If the Service Provider remains Inactive for a period of more than 3 months (12 weeks), the Profile will be suspended. Reactivation charges of Rs 1000/- will be imposed and the Service Provider will have to go through the complete Verification process and submit the full documents as required.

Blocked Profile: If the Service Provider has outstanding complaints, the Profile will be Blocked. Reactivation will be done only once the Service Provider resolves all pending complaints, provides all documents, completes verification, and pays the Security Deposit.

REFUND POLICY

The Refund Policy is applicable only to Service Providers who are a part of shiftingbazar, as we do not charge Service Users for posting, requesting, or availing the Services through Us.

The Fees shall be reimbursed to the Service Providers in the form of Credits. The Service Provider is eligible for a refund of the Fees/Credits paid by them to respond to the Service User’s request, only in the following situations:

• Service User that posted the Request for Service is non-genuine;
• Service User Postponed the shifting date for longer duration;
• Service User does not respond to any of the calls, or any attempts to contact them, until the shifting date;
• Service User cancels the Lead Request;

TERMINATION OF USE

shiftingbazar reserves the right to change, modify, or discontinue the Website and/or App (in part or as a whole) from time to time or at any time, either temporarily or permanently, with or without prior notice; and you agree that shiftingbazar shall not be liable to you or to any other Third-Party for the same.

As a User of the Website, you may choose to cease or stop accessing, using or participating in the Website and/or App, with or without cause, at any time.

shiftingbazar, in its sole discretion, has the right to delete, suspend, terminate or deactivate your Profile, block your Email or IP Address, terminate your access to the Website and/or App (in part or as a whole), and can remove, delete, edit, or modify any content submitted by you or published in the shiftingbazar Website and/or App, immediately, with or without prior notice, for any reason or no reason. To the maximum extent permitted by law, shiftingbazar is not obligated to return to you, any of the content or data you submitted to us.

Causes for such termination, limitation of access, or suspension, includes but is not limited to:

• if shiftingbazar has any reason to believe that you have breached or violated any of the Terms of this Terms of Use Agreement;
• extended periods of inactivity on the Website or App;
• your engagement in illegal or fraudulent activities;
• request to do so by Government or Law Enforcement Authorities;
• failure to pay the fees you owe to shiftingbazar for the continuation of using the Services (applicable to Service Providers only);
• any other reason that shiftingbazar deems fit, in their own sole and absolute discretion, and at any time;

Upon termination, whether by you or by shiftingbazar:

• Your right to use, access, or participate in the Website and/or App will be terminated immediately;
• All licenses and rights that were granted to you, under this Terms of Use Agreement, will expire with immediate effect;
• You shall, without delay, delete and destroy all copies of shiftingbazar content, data or material that you may have in your possession or control.

All provisions of these Terms, which by nature should survive termination, shall survive termination, including without limitation, Disclaimers of Warranty and Limitation of Liability, Copyright and Intellectual Property Rights and Indemnification. You further acknowledge and agree that shiftingbazar shall not be liable to you or any Third-Party for the termination of your access to the Website and/or App.

RIGHT TO DISCLOSE

Any content or information submitted by You on the shiftingbazar Website and/or App, including without limitation, Names, Contact details, Requests, Profile details, Reviews, and any other information or material published by you, is solely your responsibility and you agree to take the complete responsibility of posting, displaying or publishing such content on the shiftingbazar Website and/or App. shiftingbazar does not provide any warranties, assurance or guarantee regarding the Confidentiality of such Content submitted by you.

You agree that the Content submitted by you is provided on a non-confidential and non-proprietary basis and that shiftingbazar is free to use, display, and produce the Content on an unrestricted basis, on its Website and/or App for the purpose of providing the Services. You authorize that such Content is available to all the Users of the shiftingbazar Website and/or App.

shiftingbazar has the right to disclose such information including your personal information under the circumstances that:

• shiftingbazar is required to do so to comply with any legal procedure or legal requirement by a Law Enforcement or Governmental Authority;
• Doing so would potentially dilute shiftingbazar’s liability in an ongoing or potential litigation;
• It is necessary to protect Our rights and property or those of another person or entity;
• It is necessary to enforce these Terms and restrain unauthorized or prohibited actions;

INDEMNIFICATION

You agree to defend, hold harmless and indemnify shiftingbazar from and against any and all Third-Party Claims, and Demands, Damages, Allegations, Obligations, Liabilities, Losses, Costs or Debt, and Expenses (including but not limited to Reasonable Advocate Fees and Costs) arising from or related to:

• Your use, access, and participation (of any form) in the Website;
• Your use or misuse of the services provided through the Website;
• Your transactions or dealings with Third-Party Service Providers;
• Your violation of any of the provisions of these Terms or Privacy Policy;
• Your violation of any Third-Party Rights including but not limited to Copyright, Privacy Right, Intellectual Property Right or any other Proprietary Rights;
• Any third-party Claims that the content submitted by you was the cause of damage to them;

Pertaining to disputes arising between you and any Service Provider(s), you agree that shiftingbazar will not be party to, involved in or responsible for the same and you hereby release shiftingbazar from any and all Claims, Demands, Liabilities and Damages (special, exemplary, consequential, punitive, direct or indirect) of every kind and nature, known or unknown, resulting from or related to your use of our Website and/or any Services through the Website.

RESOLVING DISPUTES

In the event of a dispute arising between shiftingbazar and You, our aim is to provide you with a quick and cost-effective means of resolution. You and shiftingbazar hereby agree to resolve any disputes that arise out of these Terms of Use Agreement or in connection with the Website, in accordance with the Terms mentioned hereunder.

Before filing a formal lawsuit, we encourage you to first contact us directly via email: support@shiftingbazar.in, to seek a resolution through Alternative Dispute Resolution (ADR) which typically includes neutral evaluation, conciliation, negotiation, mediation and arbitration in lieu of courtroom trial.

GOVERNING LAW

This Terms of Use Agreement is governed, in all respects, by the Laws of India.

You agree to resolve any disputes you have with shiftingbazar or settle any legal proceedings which may arise out of this Terms of Use Agreement, exclusively in the Courts of Noida (Gautam Buddh Nagar,India ).