IndusGuru Network Partners LLP will process Expert Consultant 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, and any instructions IndusGuru Network Partners LLP provides.

Your participation in Projects is always at your discretion. IndusGuru Network Partners LLP makes no representation regarding the frequency, quantity, or type of invitations to Projects you will receive or in which you will be chosen to participate. Unless otherwise agreed in writing by IndusGuru Network Partners LLP or stated in any Project invitation, you will be compensated only for the time you spend interacting with Clients on Projects at your agreed rate. You will not be compensated for preparation time, wait time, or time set aside if a Project with a Client does not occur. You may not assign Projects or delegate any portion of your work to others (including without limitation to any other employees of your firm) without IndusGuru Network Partners LLP’s prior written consent.

All interactions must be set up through IndusGuru Network Partners LLP or its systems. You are not permitted to share your contact information (either phone or email) directly with the Client without the written consent of IndusGuru Network Partners LLP. If a Client contacts you without having arranged the Project through IndusGuru Network Partners LLP, and you consult with the Client, you are not eligible for payment from IndusGuru Network Partners LLP, even if the call is a follow-up to a recent Project that was arranged through IndusGuru Network Partners LLP. Clients are not authorized to expand the scope of a Project except with IndusGuru Network Partners LLP’s written authorization.

In performing Project work on behalf of Clients, you are not to interact with third parties except with the written authorization of IndusGuru Network Partners LLP. If authorized to do so, you agree to advise any third party with whom you interact that you are not seeking, and do not want, any confidential information, including material non-public information, and that he/she must comply with his/her existing obligations to any third parties, including past or present employers. Further, during these interactions the following conduct is strictly prohibited:

• Presenting yourself under false pretenses or pretexts.
• Describing yourself as working for or on behalf of IndusGuru Network Partners LLP.
• Identifying the Client on whose behalf you are acting (you may disclose the type of client firm without identifying such Client by name).
• Hiring or engaging such person as an agent, subcontractor, or consultant without IndusGuru Network Partners LLP and the Client’s written consent.
• Soliciting information that you believe the person, if he/she were a Expert Consultant, could not disclose under these Terms & Conditions.
• Offering, giving, or attempting to give anything of value to anyone without IndusGuru Network Partners LLP and the Client’s written consent.

You acknowledge that you are aware of anti-corruption/anti-bribery laws in general, and commit yourself to abide by such laws. Therefore, when performing work on behalf of IndusGuru Network Partners LLP or its Clients 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 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.) or
  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.

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 Clients 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 Client 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 Client, either directly or indirectly, without the written permission of IndusGuru Network Partners LLP. This provision does not prohibit you from being retained by a Client to provide legal advice. 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 of IndusGuru Network Partners LLP or any Clients to whom you were first introduced due to your Expert Consultant status. IndusGuru will be free to inform the client of this breach of trust and commitment and also pursue relevant legal recourse for this as applicable.

You represent that any materials, regardless of format, that you submit, upload to a IndusGuru Network Partners LLP website, or otherwise provide to a Client or to IndusGuru Network Partners LLP, whether orally or in writing, (collectively, “Content”) is your intellectual property or you have obtained any necessary permissions or licenses to such Content. You are solely responsible for your Content, and you agree not to submit Content that is unlawful, threatening, defamatory, profane, deceptive, misleading, infringes on the rights of another, or otherwise violates these Terms & Conditions.

CONTENT CREATED FOR CLIENT(S):

As part of a Project, you may be asked to create content for a Client (“Project Content”). You hereby assign, convey, and transfer to Client all right, title and interest in and to the Project Content and agree that any Project Content shall be solely owned by Client. You further agree to cooperate with and sign all documents reasonably requested by Client to enable Client to secure, register and enforce in India and any foreign countries, copyrights in all works owned by or assigned to Client. Client may use Project Content for any purpose permitted under that Client’s agreement with IndusGuru Network Partners LLP, which may include reproduction, disclosure, transmission, publication, broadcast, and posting, unless otherwise agreed in writing by IndusGuru Network Partners LLP and the Client. Content you create independently of any Project (“Retained Content”, together with Project Content, “Content”) remains your property and you retain all rights, title, and interest in and to such Retained Content; however, you grant the Client a perpetual, world-wide, royalty-free, and transferable license to use any Retained Content incorporated into any Project Content. Without limiting the foregoing, you agree that each Client is free to use any ideas, concepts, know-how, or techniques contained in any Content you transmit to that Client for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information. Any inventions, discoveries or improvements that are based in full or in part on any Content and information you create for a Client in the course of a Project, and all intellectual property rights in such inventions, discoveries, or improvements, shall be owned entirely by and shall be proprietary to the Client.

You further consent to IndusGuru Network Partners LLP’s Clients recording and transcribing your consultations or other interactions with them (“Client Recordings”), and agree that any Client Recordings are owned by Clients and may be used by such Client and IndusGuru Network Partners LLP for any purpose permitted under that Client's agreement with IndusGuru Network Partners LLP. As part of their compliance protocols, some Clients may have a professional or independent third party (in addition to the Client user(s) you will speak with) chaperoning phone consultations. On occasion, their presence may be unannounced (i.e., you will not be notified that they are listening). By signing these Terms & Conditions you consent to consultations being chaperoned, recorded, and/or transcribed at Clients’ election.

SYNDICATED CONTENT:

You retain ownership to Retained Content that you submit for sale or license to Clients (“Syndicated Content”); however, you provide IndusGuru Network Partners LLP a limited license to market, promote and sell such Syndicated Content on its websites and otherwise, including by showing samples or limited portions of Syndicated Content to potential purchasers (including through third party partner websites), and to process Syndicated Content for use with IndusGuru Network Partners LLP’s automated search and suggestion systems.

INDUSGURU NETWORK PARTNERS LLP PUBLICATIONS:

Content that you submit for publication by IndusGuru Network Partners LLP (“Publications”), other than Syndicated Content, shall be owned by IndusGuru Network Partners LLP and you shall retain no license to use such Content unless otherwise provided by IndusGuru Network Partners LLP in the terms of such Publication.

RECORDINGS/ TRANSCRIPTIONS:

IndusGuru Network Partners LLP may invite you to participate in a Project for which your image and/or voice may be recorded and/or transcribed ('IndusGuru Network Partners LLP Recordings') by IndusGuru Network Partners LLP, Client, or their agents, such as at a live meeting, webcast, conference call, conference, interview, or other event. You agree, notwithstanding anything else in these Terms & Conditions, that IndusGuru Network Partners LLP (or if applicable, the Client who records their Projects as facilitated by IndusGuru Network Partners LLP) owns IndusGuru Network Partners LLP Recordings and has the exclusive right to attribute IndusGuru Network Partners LLP Recordings to you and to use, distribute, sell, reproduce, publish, reprint, modify, adapt, sublicense, and publicly display IndusGuru Network Partners LLP Recordings, in whole or in part, in original form or as edited or modified by IndusGuru Network Partners LLP, in all languages and forms, for any commercial or noncommercial purpose unless otherwise agreed in writing.

CONTENT LICENSE:

For all Content other than Project Content, Retained Content, Syndicated Content, and Recordings, you grant IndusGuru Network Partners LLP a perpetual, world-wide, royalty-free, transferable, and exclusive license to use, distribute, reproduce, publish, reprint, modify, adapt, sublicense, and publicly display such Content, in whole or in part, in original form or as edited or modified by IndusGuru Network Partners LLP, in all languages and forms, for any commercial or noncommercial purpose unless otherwise agreed in writing.

CONTENT RELEASE & INDEMNIFICATION:

You additionally release IndusGuru Network Partners LLP, and any and all persons acting under its permission or authority from any claim, liability, or action in law, including any claims for defamation, copyright infringement, or invasion of privacy, arising in connection with your Content. Further, you agree to indemnify, defend, and hold harmless IndusGuru Network Partners LLP and its Clients from and against any third-party claim that your Content or the use of your Content infringes upon any patent, trademark, copyright, trade secret, or other intellectual property right.

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.

You acknowledge that IndusGuru Network Partners LLP and/or Client may require you to attest to your compliance with these Terms and Conditions and certain other additional terms and compliance policies upon completion of a Project, including confirmation that during the Project:

1. you did not disclose to the Client any confidential, including material nonpublic, information, or any information obtained under a duty of trust, or unlawfully or inappropriately.
2. you did not breach any obligation to a third party, including an employer or former employer.
3. you complied with, and will continue to comply with, the Terms & Conditions of Expert Consultantship and IndusGuru Network Partners LLP’s compliance policies and procedures.
4. you will not use, or disclose to third parties, any information you have obtained from the Client. You agree to immediately notify IndusGuru Network Partners LLP if you believe that there was a violation of these requirements by emailing on Info@IndusGuru.in. You further agree that by invoicing IndusGuru Network Partners LLP for any Project, you are attesting to the above conditions related to the Project.

You are responsible for providing an invoice with your or your organization’s payment details to your project-specific SPOC from IndusGuru Network Partners LLP and inform IndusGuru about any update in such information. If you are employed, you must follow your employer’s policies that may relate to payment by IndusGuru Network Partners LLP. IndusGuru Network Partners LLP will pay within 7-10 days of receiving payment from the Client. To the extent any post-project attestations are required in connection with a project, those attestations must be provided in order to receive payment. Payments will be based on the applicable rate in your profile upon Project acceptance unless otherwise agreed in writing by IndusGuru Network Partners LLP or as specified in the Project invitation. For telephone or video consultations you will be compensated for the total number of minutes spent on the phone with Clients (as recorded in IndusGuru Network Partners LLP’s systems). Any partial minutes will be rounded down to the nearest whole minute.

There are no charges for consultants upon empanelment. A charge* of 1% of the billing value is applied, only once a Project is won through IndusGuru - and thereon in each invoice as an administrative fee for the services of contracting, billing, and collection on any project won and billed through IndusGuru. The amount deducted in every invoice is capped at INR 3,000 per transaction. All charges are subject to GST as per government regulations.

* - This charge will be applied in all new contracts with Consultants, where we have Consultants who get deployed after 1st July - and who are not subscribing or paying consultants yet. Please note that those who were subscribing consultants as part of our platform before 1st July will not be subject to this 1% charge for the rest of their membership term.

If you or your employer has specified that payments be remitted to your employer, you agree, so long as your relationship with your employer exists or until your employer provides otherwise in writing, that payments will be made to your employer.

If a Client disputes your request for payment or the quality of your work on a Project, IndusGuru Network Partners LLP may withhold payment until such dispute is resolved. You agree that in the event of any such payment dispute, IndusGuru Network Partners LLP has the sole and final authority to resolve such dispute in IndusGuru Network Partners LLP's reasonable discretion, and you agree to be bound thereby. You further understand and agree that you have no right to payment for a Project to the extent IndusGuru Network Partners LLP reasonably determines you have violated these Terms & Conditions or IndusGuru Network Partners LLP's compliance rules, including but not limited to providing incorrect information in your IndusGuru Network Partners LLP Expert Consultant Profile or referring third parties in violation of law or IndusGuru Network Partners LLP’s referral rules, and to the extent you have already received payment for Projects involving such violations, IndusGuru Network Partners LLP shall have the right to recover such payments in full.

IndusGuru Network Partners LLP may require you to provide additional information (including your date of birth, government identification numbers, PAN, or equivalent Tax Identification number) about yourself or your employer/company as part of IndusGuru Network Partners LLP's security procedures. To protect your information from third party misuse, please provide such information or any updates to your bank account by phone or through IndusGuru Network Partners LLP’s websites, or email. You also agree that all fees imposed on you by any banking institution to process any payment from IndusGuru Network Partners LLP are your sole responsibility.

You agree that you are responsible for paying any applicable taxes in your jurisdiction on payments you receive from 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.

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 Client Information, or Non-Solicitation of Clients, you acknowledge that IndusGuru Network Partners LLP’s and/or Clients’ 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 Expert Consultant, the performance of any services by you as a 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. IndusGuru Network Partners LLP agrees that for its part it shall not seek to impose on any individual Expert Consultant any liability for damages based on his or her performance of services hereunder as a Expert Consultant, including without limitation for any incidental, consequential, punitive, or special damages, so long as such damages do not relate to or arise out of the failure of the Expert Consultant to comply with these Terms & Conditions, including the guidelines and restrictions referenced herein, or conduct or activity by the Expert Consultant that constitutes gross misconduct, fraud, or violates any applicable law. You are solely responsible for your actions. IndusGuru Network Partners LLP shall have no obligation to defend you, provide you with legal counsel, or pay legal costs and expenses on your behalf.

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.

SURVIVAL OF CERTAIN PROVISIONS

The provisions of the sections (including subsections) of these Terms & Conditions entitled Non-Solicitation of Clients, Expert Consultant Content, Privacy Policy, Confidentiality of IndusGuru Network Partners LLP and Client Information, Reliance by Clients, and Agreement Details shall survive any termination or expiration of these Terms & Conditions.

TERMINATION

Subject to your obligation to complete Projects for which you are engaged, you have the right to withdraw from the IndusGuru Network Partners LLP Network at any time upon notice to IndusGuru Network Partners LLP, and IndusGuru Network Partners LLP has the unlimited right to terminate or limit your membership in the IndusGuru Network Partners LLP Network at any time and for any reason.

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.

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.

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.

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.

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.

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.

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.

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.