TERMS AND CONDITIONS FOR CLIENTS

You agree that your use of any of IndusGuru Network Partners LLP’s websites is subject to that website’s terms of use, except to the extent those terms conflict with these Terms & Conditions, in which case these Terms & Conditions shall control. The English version of these Terms and Conditions shall control over any translations.

OVERVIEW AND ACTIVITIES

The IndusGuru Network Partners LLP Network consists of professionals and consultants in various industries and specialties who educate and share insights with financial and business leaders and other organizations and professionals (“Clients”). IndusGuru Network Partners LLP provides opportunities for Expert Consultants to participate in different types of projects (“Projects”), such as hourly expert consultations, Flexi staffing, SME Advisory, and fractional/ interim CXO roles, full-time recruitment.

ELIGIBILITY

For an individual, you must be of age 18 or above, to register as a user and use the website and its services. For a company, partnership firm, trust (any other except an individual), you must have the capacity to form a binding contract in your jurisdiction. You state that you have the authority to enter into a contract with IndusGuru and abide by all of the terms and conditions set forth in the Terms. You also agree that you will use the website in a manner consistent with all applicable laws, rules & regulations.

PARTICIPATION IN THE INDUSGURU NETWORK

At all times during your participation in the IndusGuru Network Partners LLP Network, you agree to act in good faith, in a professional manner, to the best of your ability, and in accordance with these Terms & Conditions and all applicable laws and regulations. When engaging in Projects, you agree to abide by any obligations you may have that limit what you can discuss or the scope of your participation in the IndusGuru Network Partners LLP Network.

IndusGuru Network Partners LLP will, from time to time, inform you of additional rules that you are required to observe and specific topics that you are not permitted to discuss. You agree to observe these rules and any limitations we place on what you can discuss.

As a client, you agree to share your (apart from personal information details) details of projects or assignments or employment opportunities with consultants registered on the IndusGuru website. As applicable based on the services offered, you also consent that IndusGuru use the details of projects or assignments or employment opportunities to prepare a curated best-fit list of consultants for the task on hand.

CLIENT INFORMATION

In order to help provide you with the services you have registered for, we will provide your any or all items of personal information (such as Name and contact details) to our consultants. By signing on for the services offered by IndusGuru, you give your explicit consent to share the personal information with our consultants.

As applicable based on the services offered, you also consent that IndusGuru use the details of projects or assignments or employment opportunities to prepare a curated best-fit list of consultants for the task on hand.

You consent to IndusGuru Network Partners LLP contacting you by email, telephone, SMS, or otherwise, to process and administer details of your project and/or association with IndusGuru Network Partners LLP Network, to provide you with weekly/monthly/annual promotional content and to tell you about IndusGuru Network Partners LLP’s business.

IndusGuru provides a mechanism for you to 'opt-out' from receiving promotional information from IndusGuru in future. All IndusGuru mailers will provide opt-out options to enable you stop receiving future mailers.

DATA PROTECTION

IndusGuru Network Partners LLP will process Client information in accordance with IndusGuru Network Partners LLP’s Privacy Policy. In the course of providing services, complying with its own contractual and regulatory obligations, and operating its business, IndusGuru Network Partners LLP may process personal data in accordance with applicable data protection laws. Further information about IndusGuru Network Partners LLP’s processing activities can be found in the IndusGuru Network Partners LLP Privacy Policy, which is available on the IndusGuru Network Partners LLP website. Additional copies of the IndusGuru Network Partners LLP Privacy Policy are available on request.

The IndusGuru Network Partners LLP Privacy Policy sets out relevant information regarding, among other things:

  1. the collection and creation of personal data by, or on behalf of, IndusGuru Network Partners LLP.
  2. the categories of personal data processed.
  3. the lawful basis for such processing.
  4. the purposes of such processing.
  5. the disclosure of personal data to third parties (including processors).
  6. the international transfer of personal data.
  7. the data security measures applied by IndusGuru Network Partners LLP.
  8. IndusGuru Network Partners LLP’s compliance with the principles of data accuracy, data retention and data minimization.
  9. the rights of data subjects.
  10. contact details for enquiries and the exercise of data protection rights.

The IndusGuru Network Partners LLP Privacy Policy may be updated or revised from time to time without prior notice. You are encouraged to review the IndusGuru Network Partners LLP Privacy Policy periodically.

In the event that you disclose the personal data of any third party to IndusGuru Network Partners LLP, you shall, to the greatest extent permitted under applicable law, draw the attention of that third party to the IndusGuru Network Partners LLP Privacy Policy, prior to making such disclosure.

You agree to process personal data you receive from IndusGuru Network Partners LLP in accordance with the applicable provisions of these Terms & Conditions, the IndusGuru Network Partners LLP Privacy Policy

COMPLIANCE WITH ANTI-CORRUPTION LAWS

You acknowledge that you are aware of anti-corruption/anti-bribery laws in general, and commit yourself to abide by such laws. Therefore, when working on a project with IndusGuru Network Partners LLP consultant you shall not accept, offer, promise, or pay any money, gift, or any other thing of value from or to any person:

  • for the purpose of influencing official actions or decisions, while knowing or having reason to know that any portion of this money, gift or thing shall, directly or indirectly, be given, offered, or promised to
    1. an empaneled consultant/employee, officer, or other person acting in an official capacity for any government (or its instrumentalities), government owned/controlled organization, enterprise or entity, or public international organization (e.g., WHO, World Bank, United Nations, etc.)
    2. any political party, party official, or candidate for political office.
  • for the purpose of obtaining or retaining business or inducing any person to cease to act in good faith, impartially, or in accordance with a position of trust; or
  • to improperly induce any person to provide you with information.

NON-SOLICITATION OF EXPERT CONSULTANT

Membership in the IndusGuru Network Partners LLP Network is non-exclusive and there is no minimum time commitment (unless otherwise agreed in writing). As a condition to participation in the IndusGuru Network Partners LLP Network, for Expert Consultantslients to whom you are first introduced to through IndusGuru Network Partners LLP, for a period of one year from the most recent Project with or introduction to such Expert Consultant you agree not to knowingly solicit projects from or propose or agree to any kind of consulting, advisory (including directorships), or employment arrangement with such Expert Consultant, either directly or indirectly, without the written permission of IndusGuru Network Partners LLP. For a period of one year after the termination of your relationship with IndusGuru Network Partners LLP, you also agree not to knowingly solicit for employment any employee Expert Consultant of IndusGuru Network Partners LLP or any Expert Consultant to whom you were first introduced due to your Client status.

NO POACHING:

As an IndusGuru client, you agree that you will not solicit, engage, empanel or contract with any independent expert consultant, introduced to you by IndusGuru without first informing and paying IndusGuru its due platform fees as per our agreed terms based on whichever model you sign up with.

CLIENT PAYMENTS:

Client payments for services rendered by IndusGuru are to be made as follows:

  • Assisted Service: Proposal Fee of Rs. 20,000, per assignment, to be paid before the consultant profiles are shared with clients; Platform Fee, as applicable (less Rs 20,000/-), to be paid once the consultant is finalized for the project.Project fees as per charges and payment terms agreed with IndusGuru, for individual Expert Consultants in respective contract / SOW documents - once selected to work with the Client.
  • Expert-on-Call: Per hour call charge to be paid by client for knowledge sharing calls under Expert-on-Call facility, prior to the call. The charges vary as per consultant fee – to be pre-decided and agreed upon by the client and the consultant prior to the call.

You agree that you are responsible for paying any applicable taxes in your jurisdiction on payments you make to IndusGuru Network Partners LLP, in accordance with applicable laws and regulations and, if applicable, you agree to provide IndusGuru Network Partners LLP evidence of such tax payments upon IndusGuru Network Partners LLP’s request.

RELIANCE BY CLIENTS

These Terms & Conditions are intended to benefit Clients. Clients expect that all Projects will be carried out in accordance with these Terms & Conditions and applicable laws and that, among other things, they will not receive any confidential information, including material non-public information, and their own Restricted Information will not be disclosed. Clients may from time-to-time request that you confirm any part of these Terms & Conditions, and any additional terms or compliance policies required by Clients as a condition to your participation in or payment on a Project (“Confirmations”). You agree that, to the extent you have provided any Confirmations, you shall be obligated to honor such Confirmations in addition to these Terms & Conditions, and that the applicable Client shall have the right to directly enforce your compliance with such Client’s Confirmations, if any. You understand that other Expert Consultants, each Client, and the person with whom you may engage in any Project is an intended beneficiary of these Terms & Conditions and the covenants and agreements made by you hereunder, and that Clients, as third-party beneficiaries of these Terms & Conditions, have the right to directly enforce your compliance with these Terms & Conditions.

AGREEMENT DETAILS

RIGHT TO INJUNCTION/ LIMITATION OF LIABILITY:

In the event that you breach, or threaten to breach, any of the obligations contained in the terms of use of IndusGuru Network Partners LLP websites or the Sections of these Terms & Conditions titled Communication with Third Parties, Confidentiality of IndusGuru Network Partners LLP and Expert Consultant Information, or Non-Solicitation of Expert Consultant, you acknowledge that IndusGuru Network Partners LLP’s and/or Clents’ remedies at law will be inadequate and that Client and/or IndusGuru Network Partners LLP will be entitled to an injunction to prevent your prospective or continuing breach and to maintain the status quo pending arbitration provided for below.

In no event shall IndusGuru Network Partners LLP be liable to you or any other party for any damages resulting from or relating to your participation as a Client, the performance of any services by our Expert Consultant, the processing of personal data by or about you, or the business operations of IndusGuru Network Partners LLP, including without limitation for any incidental, consequential, punitive, or special damages regardless of the theory of liability and even if IndusGuru Network Partners LLP was informed of the possibility of such damages.

GOVERNING LAW & DISPUTE RESOLUTION

This Privacy Policy and Terms of Use shall be governed by and constructed in accordance with the laws of India only without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai, India.

SEVERABILITY

If any provision of these Terms & Conditions shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

USER RESTRICTIONS

Making copies of this website or any portion of this website for any purpose is a violation of copyright laws. Contents of this website may not be duplicated in any way without the express consent of IndusGuru, except in the form of excerpts for purpose of review. Users shall not use the website in order to transmit, distribute, store or destroy material, including without limitation the content provided by the website for any unlawful purpose or in violation of any applicable law, regulation, international law; or in a manner that will infringe the copyright, trademark, trade secret or other intellectual property; or rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, libelous, obscene, threatening, abusive or is offensive to users of the website, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

MAINTENANCE

IndusGuru may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s access to the Website and/or the Services (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of these Terms, IndusGuru shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the IndusGuru shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.

DISCLAIMER

The information contained on this website is provided for information purposes only and provided "as is" without warranty of any kind, express or implied. Nothing contained in this website is intended to, nor shall have the effect of, creating any warranties or representations from IndusGuru or altering the terms governing the use of the services. While every precaution has been taken in preparation of this website to eliminate errors, IndusGuru assumes no responsibility for errors and omissions or for damages resulting from the use of the information contained herein.

FORCE MAJEURE

During the course of providing services to the user, neither party shall be liable for any default or delay in the performance of its obligations if and to the extent such default is caused, directly or indirectly, by fires, floods, power failures, acts of God, etc. and restrictions of any country affecting the export of Goods or technology to the Service Provider, or import regulations or requirements of India, whatever the causes are, which would be violated by performance of the Agreement, whichever applicable.

ONLINE REGISTRATION

In general, you can visit the Website without disclosing your personal information. To use all the services offered by IndusGuru, you will need to register using our online registration form, where you will be required to provide us with your contact and identity information and other Personal Information as indicated on the forms on the website. The registration process is not deemed complete till you receive a confirmation email from IndusGuru and follow the instructions in the email to complete the registration process.

INTERACTION TRACKING

IndusGuru uses cookies and other technologies to keep track of your interactions with our sites. This is done to offer you a more personalized experience. You agree that we may use such information to do internal research on our users demographics, interests, and behavior pattern. As a part of the behavior pattern, we may also the URL you came from (whether form our site or not), which URL you go to (whether URL on our website or not), your computer's browser information, and your Internet Protocol (“IP”) address. Cookies also help analyse our web page flow, measure promotional effectiveness, and promote security. Use of cookies allows you to enter your password less frequently during a session.

You consent that if you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect and/or store such information for our records.

You also agree that IndusGuru has the right and authority to reveal general statistical information about our website and visitors, such as number of visitors, number and type of services purchased, etc.

ACCESS OR CHANGE YOUR PERSONAL INFORMATION

You may review, correct, update or change your account information at any time. To protect your privacy and security, we will verify your identity before granting access or making changes to your Personal Information. If you have registered your profile on the Website, your ID and Password are required in order to access your Account.

ASSIGNABILITY

We may assign any of our responsibilities/obligations to any other person without notice to the User, at its sole discretion. However, you shall not assign, sub-licence or otherwise transfer any of your rights or obligations under this Privacy Policy to any other party, unless written consent is taken from us.

By signing these Terms & Conditions, you acknowledge and agree that you are making express representations to IndusGuru Network Partners LLP and Expert consultant that you will abide by all of your obligations and responsibilities as set forth in these Terms & Conditions