Posted as of March 1st 2023
Last updated as of April 1st 2023
1. Definition and Interpretation
1.1.1. Applicable Laws - shall mean and refer to all the laws, rules, ordinances, by-laws, etc., and amendments thereafter, applicable within the territory of India.
1.1.2. Content – shall mean and refer to all the text, advertisement, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music, and artwork.
1.1.3. Third Parties – shall mean and refer to all the legal entities either individual or entity linked on the Website or Application apart from the Users and the creator of this Website and Application.
1.1.4. Service – shall mean and refer to all the digital marketing and promotion activities performed by the Company for the goods and services of the User.
1.2.10. We may use clients/customers/ buyers interchangeably, similarly Freelancers/Sellers/Service providers interchangeably.
2. Platform Overview
The Company is a private company incorporated and registered in India that strives to simplify the process of finding, networking, working, and connecting while ensuring Freelancer/Sellers and service providers stay focused on what they love to do. At the same time, Obillia covers all ancillary requirements from storage, engagement, management, tracking and invoicing.
Once a client (User) registers to the Platform, they can post jobs/projects (not full-time) with a budget, timeline, description and scope for Freelancer/Sellers to apply or invite suggested Freelancer/Sellers to apply to their jobs. Clients can also browse for Freelancer/Sellers profiles and directly message them to set up the project.
Once applications are received, the Client can decide to contact any number of Freelancer/Sellers from the Application to discuss details, finalize a particular Freelancer/Sellers, and request a contract proposal based on the agreed-upon terms. The Freelancer/Sellers sends a contract that can be accepted, rejected or sent for rework. Once the contract is accepted with or without milestones, a workspace opens with a milestone tracker, file sharing and project chat system. Clients are requested to fund the first milestone or the entire project (if no milestones); these funds will be held by Obillia and are only released to Freelancer/Sellers post-approval of milestones/delivery If the Client refuses to pre-fund, the project will not initiate.
Once funded, Freelancer/Sellers work on the project and deliver milestones on agreed-upon dates, and payment is released to the Freelancer/Sellers once approved. The next milestone begins only after approval of the previous milestone and funding of the upcoming milestone. Clients receive an order confirmation email until milestones are approved; once approved a GST-compliant invoice is made available for the client through Obillia. After completion of projects, clients have 14 days to download all data from the workspace as workspace files are deleted automatically for security and storage concerns.
When orders are placed, clients receive an Order Confirmation initially, tax invoices are only issued post approval of milstones/projcts and release of funds.
The total duration of the project, including any extensions, delays, etc., cannot exceed one year from the project start date. Users can speak with support to discuss any true reasoning for projects lasting more than a year if there is one.
Clients can leave ratings and reviews of the Freelancer/Sellers they have worked with. If Clients need Services of multiple Freelancer/Sellers at once for the same project, they can connect with Obillia’s bundled Service option and provide information about the project. Obillia will then directly contact the best Freelancer/Sellers suited for the project and send their profiles to the Client for approval, once agreed upon, Obillia and the Client create a contract, and all the parties are added to a third-party workspace software (like teams, slack, Zoho etc.). Once the project is completed, Obillia raises invoices and pays the Freelancer/Sellers upon agreed dates. Obillia also has exclusive partners to work on certain Services using these Services in a similar fashion to the above-mentioned Clauses.
3. Services on the Platform
The Company has created this online Platform that allows our users who comply with these Terms to offer and sell their Services listed to their Clients on this Platform. You may be able to make payment and other transactions through the Platform as well. And also you are using the Service and the Platform at your own risk.
Professional skill and talent-based services across multiple categories through 3rd party Freelancer/Sellers and exclusive partners in the fields of Design, Video, Animation, Music & Audio, Writing, Translating, Programming and Tech, Marketing, Photography, Videography, Business Consulting and Admin. To avail of the Services through our Platform, the Users need to sign-up on the Platform, as per the sets mentioned under this Terms and Use and other relevant policies, as attached on the Platform.
Registration on the Platform is mandatory for Website and Application users . The Users can register by providing the following information:
ii. Phone Number (*Mandatory); and
iii. Email ID.
iv. Registration is mandatory via email to access functions as a Client.
v. No Facebook or Google Plus log-in as of now.
i. First name;
ii. Last name;
iii. email address;
iv. Telephone number (work, mobile);
v. Personal Mailing address (Optional current);
vi. Company Name;
vii. Company Address;
viii. GSTIN (if applicable);
ix. Bank account details; and
x. Payment details.
Obillia’s systems capture given information and issues invoices based on that. You can update, change, or remove certain details during or after registration. Obillia also collects data on time spent and activities inside the Platform to provide reports and usage analytics.
6.3. You shall not use the Website and/or Application if you are not competent to enter into a contract or are disqualified from doing so by any other Applicable Laws, rule, or regulation, currently in force.
7. Payment Gateway
7.1. For making all payments for Services on the Website and/or Application, you shall be required to make a payment for which you will be redirected to a Third-Party payment gateway with which we may have an agreement. The Third-Party payment gateway may additionally seek information from you to process the payment for your purchase and additionally may charge you the payment gateway charges that may be applicable, as per their terms and conditions. The Third-Party payment gateway consists of Razor Pay/Debit Card/Credit Card/Net Banking/UPI and other wallet options. You shall be governed under the concerned payment gateway’s terms and Conditions and other policies for the purpose of all payment-related aspects. We hold no responsibility for any act, omission, or negligence towards you on the Third-Party payment gateway.
7.2. Payment processing fee or any similar fee may be charged to clients.
8.1. General: All the Content is generated/provided or based on information provided by the Users or Third Parties. We have no control and make no guarantees regarding the quality, accuracy, integrity, and/or genuineness of such Content or such other information provided on the Platform.
8.2. All the Content displayed on the Platform is subject to copyright. It shall not be reused by You (or a Third-Party) without the prior written consent from the Company and the copyright owner.
8.3. You are solely responsible for the integrity, authenticity, quality, and/or genuineness of the Content provided by you on the Platform, and whilst feedback and comments by You can be made via the Website and/or Application, we bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the Content on the Platform. Further, the Company reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Company or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/ inaccurate/ misleading/ offensive/ vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/ sharing/ submission of Content or part thereof that is deemed to be untrue/ inaccurate/ misleading/ offensive/ vulgar.
8.4. You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. You shall not copy, adapt, and modify any Content without written permission from the Company.
8.5. You are allowed to provide users links to virtual meetings to ensure that their job is completed successfully or to thoroughly go over the details of your project's scope. Meetings must be used to make sure that neither user threatens or invites the other to complete the project outside of Obillia.
8.6. Any type of direct payment for on-site projects is discouraged unless absolutely necessary. Under such circumstances, payment guarantees and any form of protection will be void. Any type of direct payment or term modification that appears on the site will be flagged as a violation.
a) Your use of the Website and/or Application;
c) Your violation of any rights of another Parties, Users, and/or Third-Party;
e) Your conduct in connection with the Website and/or Application.
You agree to fully cooperate in indemnifying the Company at your own expense. You also agree not to settle with any party without the consent of the Company .
In no event shall we be liable to compensate you or any Third Party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data, or profits, whether or not foreseeable, and whether or not you had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence, or other tortuous action, or any other claim arising out of or in connection with your use of, or access, or availing Services from or materials contained therein on the Website and/or Application.
10. Limitation of Liability
10.1. We are not responsible for any consequences arising out of the following events:
10.1.1. if the Website and/or Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure.
10.1.2. if you have fed incorrect information or data or for any deletion of data.
10.1.3. if there is an undue delay or inability to communicate through email.
10.1.4. if there is any deficiency or defect in the Services managed by the Company ; and
10.1.5. if there is a failure in the functioning of any other Service provided by the Company.
10.2. The Website and/or Application accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to you, your belongings, or any Third-Party, resulting from the use or misuse of the Platform or any Service provided by the Company through the Platform. The Service and any Content or material displayed of the Services are provided without any guarantees, conditions, or warranties as to its accuracy, suitability, completeness, or reliability. We will not be liable to you for the unavailability or failure of the Platform.
10.5. To the fullest extent permitted by law, we shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.
11.4. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
11.5. It is also hereby declared that we may discontinue the Services on the Websites and/or Application without any prior notice.
12.1. We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Website, or any portion thereof, at any time, without notice or cause.
12.2. We also reserve the universal right to deny access to You, to any/all of are on its Website without any prior notice/explanation to protect the interests of the Website and/or other Users to the Website.
12.3. We reserve the right to limit, deny or create different access to the Website and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
By using this Website and/or Application and providing your identity and contact information to the Company through the Website and/or Application, you agree and consent to receive e-mails or SMS from us and/or any of its representatives at any time.
You can report to “firstname.lastname@example.org” if you find any discrepancy with regard to Website and/or Application or Content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.
14. User obligations and formal undertakings as to conduct
You agree and acknowledges that you are a restricted user of this Platform and you:
14.1. agree to provide genuine credentials during the process whenever required on the Website and/or Application. You shall not use a fictitious identity. We are not liable if you have provided incorrect information;
14.2. agree to ensure the Name, Email address, Phone Number, and any such other information that may be provided and is valid at all times and shall keep your information accurate and up-to-date;
14.3. You agree that you are solely responsible for maintaining the confidentiality of your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason;
14.4. understand and acknowledge that the data submitted is manually entered into the database of the Platform. You also acknowledge the fact that data so entered into the database is for easy and ready reference for you, and to streamline the Services through the Website and/or Platform;
14.5. authorize the Platform to use, store, or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes, and for optimization of User-related options and Services;
14.7. are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission;
14.8. agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of your access to the Platform. We disclaim any liabilities arising concerning such offensive Content on the Platform; and
14.9. expressly agree and acknowledge that the Content generated by the Users and displayed on the Platform is not owned by the company and that we are in no way responsible for the Content of the same. You may, however, report any offensive or objectionable content, which we may then remove from the Platform, at our sole discretion.
You further undertake not to:
14.10. engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
14.11. impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
14.12. probe, scan, or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace, or seek to trace any information relating to any other User of, or visitor to the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
14.13. disrupt or interfere with the security of, or otherwise cause harm to the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked Platform;
14.15. violate any code of conduct or guideline which may apply for or to any particular Service offered through the Platform;
14.16. violate any applicable laws, rules, or regulations currently in force within or outside India;
14.18. commit any act that causes the Company to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Platform;
14.19. you hereby expressly authorize the company to disclose any and all information relating to you in our possession to law enforcement or other government officials, as we may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial order, Applicable Law, regulation or valid governmental request;
14.20. by indicating your acceptance to use any Services offered through the Platform, you are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail Services where the transactions have remained incomplete;
14.21. you agree to use the Services provided by the company , our affiliates, consultants and contracted companies, for lawful purposes only;
14.22. you agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), we shall in our sole discretion reject the order and debar you from using the Platform without prior intimation whatsoever;
14.23. you agree not to post any material on the Platform that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, you agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
14.23.1. belongs to another person and to which you have no right to;
14.23.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
14.23.3. is in any way harmful to minors;
14.23.4. infringes any patent, trademark, copyright or other proprietary rights;
14.23.5. violates any Applicable Law for the time being in force;
14.23.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
14.23.7. abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
14.23.8. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
14.23.9. publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; and
14.23.10. threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
14.23.11. Obillia conducts an audit of your chat or order pages to make sure that there aren't any instances of phishing, spam, platform violations, or other illegal activity.
15. Suspension of User access and activity
Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Platform, and/or refuse to the usage of the Platform, without being required to provide you with notice or cause:
b. if you have provided wrong, inaccurate, incomplete or incorrect information; and
c. if your actions may cause any harm, damage or loss to the other Users or the company , at our sole discretion.
16. Intellectual Property Rights
You shall not use any of the Intellectual Property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective users of the Platform, or that in any manner disparages or discredits the Platform, to be determined in the sole discretion.
You are aware all Intellectual Property, including but not limited to copyrights, relating to said Services resides with the owners, and that at no point does any such Intellectual Property stand transferred from the aforementioned creators. You are aware that we merely provide the Platform through which you can communicate with other Users and the Platform does not own any of the Intellectual Property relating to the independent Content displayed on the Platform, apart from created graphics and specified Content.
17. Disclaimer of Warranties and Liabilities
17.1. Obillia does not guarantee the quality of work delivered by the Freelancer/Sellers(s), delivery once approved cannot be canceled. Obillia wants to be free of any lawsuits that pertain to issues with quality/delivery/timeline of work and also no-show from either parties that leads to projects being held up. Obillia only acts as a mediator and can only assist either parties with required information to help their case stronger.
17.2. You agree that any kind of information, resources, activities, or recommendations obtained/availed from the Platform, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
17.3. We do not guarantee that the features and content contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and you hereby expressly accept any associated risks involved with your use of the Platform.
17.3. Clients who post job posts or request for services that include illegal, obscene or unethical requests can be suspended or removed from the platform. Job posts can be subjected to review if required.
17.4. Users are discouraged to promote other websites or links that invite other users to go to websites that can result in circumventing Obillia’s framework. Inviting people to social media accounts, competitive sites, will be marked as violations.
17.5. Any method of communication or action made by the client or seller to get around Obillia's structure and processes would be considered a violation.
17.6. For projects that are found, discussed, and completed in Obillia, any promises to pay or receive payment outside of the payment systems in Obillia are prohibited and considered as a violation.
17.7. Any sort of meeting or communication that involves persuading other users to attend might be reported and designated as a violation.
17.8. Clients are requested to not ask for or share personal or company details unless it is directly related to completion of the job. Please consult email@example.com if you have any questions regarding the same.
17.10. It is prohibited and considered as violation for users to approach users on the obillia platform to offer them full-time or part-time opportunities that bypass Obillia.
18. FORCE MAJEURE
We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to force majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
19. DISPUTE RESOLUTION AND JURISDICTION
In the event the Parties are unable to resolve any such dispute through mediation within 45 days of the initiation of the dispute, subject to a contrary agreement between the Parties, the dispute shall be finally resolved by arbitration administered by CORD and conducted in accordance with the Rules of Arbitration of CORD, by a sole arbitrator to be appointed by CORD. The language of arbitration shall be English. The seat of arbitration shall be Kerala , India.
20. MISCELLANEOUS PROVISIONS
M/s. Obillia Innovative Labs Private Ltd
No. 4/461, 2nd Floor, Suite No. 1497, Valamkottil Towers,