Effective Date : 30th January, 2022
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE PLATFORM AND THE SERVICES.
MLT Digital Private Limited. is a company with its registered address at - Block-J, 245 DR. B.C. Roy Road South 24 Parganas West Bengal 700151 (hereinafter together “LOXPERTS”) provides online services by connecting customers to freelances listed on the Platform (collectively, the “Service”) which is the website www.loxperts.com ( the “Platform”).
- ACCESS TO THE SERVICE.
LOXPERTS grants you a limited, revocable, non-exclusive license to access and use the Services. This license granted herein includes the following services catering to the vernacular languages throughout India which can be listed by the Freelancers.
- Design and Graphics
- Local SEO and PPC
- Local Marketing Consultant
- Social Media Marketing
- Local Content Marketing and Translation
- Local Market Research and Data
- Public Relations
- Local Sales Strategy
- Video and Animation
- Local Voice Over Artists
You shall be solely responsible for maintaining the confidentiality and security of your user ID and password and for all activities that occur under your account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any Services, sending emails using the Platform or other communications) will be deemed to have been authorized by you.
When you access the Platform you are electronically communicating with Loxperts . Loxperts may communicate with you by e-mail, SMS, WhatsApp messages or messages through other modes of communication, phone call or by posting notices on the Platform or by sending in-app notifications or any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages) in the above manner, from Loxperts with respect to your use of the Platform and it shall be deemed by your continued use of the Platform that you agree and consent to receive any communications from Loxperts.
Customer must be registered on the Platform to access or avail the Services enlisted on the Platform. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
By using the Platform you agree to the collection, transfer, storage and use of any personal information provided by you on the Site.
Service Packages on LOXPERTS may be offered at a base starting price as listed by the Freelancer.
The Customer orders the services of the Freelancer via the Platform and the Freelancer receives the order details once the order has been booked.
The Customer and Freelancer can connect to each other via the Messages feature provided on the Platform for order related Queries. The users of the Platform are discouraged to use the feature for personal usage and that the Users ( Customer and Freelancer included ) are barred from sharing any private, obscene, illegal, blasphemous messages on the Platform’s Messages feature.
Once the order is fulfilled by the Freelancer the status of the order is “Delivered” nut pending final verification of the Customer.
After the verification of the Customer, the order is “Completed”
Users may not offer or accept payments using any method other than placing an order through the platform.
When purchasing a service, Customers are granted all rights for the delivered work, unless otherwise specified by the Freelancer.
LOXPERTS retains the right to use all published delivered works and Logo Designs for LOXPERTS marketing and promotion purposes.
- Freelancers create profiles on LOXPERTS to allow Customers to purchase their services.
- Freelancers may also offer Custom Offers to Customers’ Requests in addition to their services under the Requests segment.
- After each Service is completed the balance of the amount payable to the Freelancer after the 20% cut receivable by MLT Digital Private Limited, will be reflected on the Freelancer’s account immediately.
- At the end of each month the Freelancer can raise a request through the Platform to release an amount less than or equal to the amount reflected on the Freelancer’s balance. The system generates a service invoice for the payout in the name of MLT Digital Private Limited and the Freelancer, which will be made available to the freelancer on request.
- The payout request is to be done before the end of each month and shall be credited to you in the upcoming month on account of the processing time of 3 days.
- The Freelancer will be completely responsible for reporting of the earnings from the LOXPERTS platform to any Government body for individual tax related purposes or any such necessary compliances and MLT Digital Private Limited will not be liable for any issues rising from any non-reporting of income or any actions taken by the Freelancer.
- For security concerns, LOXPERTS may temporarily disable a Freelancer’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple LOXPERTS accounts to a single withdrawal provider.
Freelancers and/or users may be removed by LOXPERTS from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent services
- Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy found
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Intentional copies of Services
- Spam, nonsense, or violent or deceptive Services
- Services misleading to Customers or others
- Reselling of regulated goods
- Offering to prepare academic works on behalf of Customers
- Continuous low quality services
- Promoting LOXPERTS and/or LOXPERTS services through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
Services that are removed for violations mentioned above, may result in the suspension of the Freelancer’s account. Services that are removed for violations are not eligible to be restored or edited. Services may be removed from our Search feature due to poor performance and/or user misconduct. Services may include pre-approved website URLs contained within the description and requirements box. Services containing websites promoting content, which violates LOXPERTS’s Terms of Service and/or our Community Standards, will be removed. Services are required to have an appropriate image related to the service offered. Freelancers must deliver the same quality of service as shown on their images. Recurring deliveries that don’t match the quality shown on the images may lead to the freelancer’ s account losing its Level and/or becoming permanently disabled. Statements on the Service Page/ Profile of the Freelancer that undermine or circumvent these Terms of Service is prohibited.
Top Freelancers Featured on Homepage – Monthly
LOXPERTS is all about helping Freelancers leverage their skills. We seek to empower top performing Freelancers with helpful tools to grow their business. LOXPERTS has a unique point system wherein the top Freelancers of the month shall be highlighted on the Platform boosting their visibility. The points are determined on the following grounds:
1. Number of Sales in a month (Weightage: 45x)
2. Number of blog articles submitted and approved to be showcased on Loxperts platform (Weightage: 30x)
3. Number of referrals who joined the Loxperts platform (Weightage: 25x)
Every week a mailer will be send to all to showcase the current standings and the final list will be declared by 4th of every month and the same will be updated on the homepage.
*During the initial days of the platform, the featured listings will be determined based on the listing registration date. The first registered listings will be given preference.
LOXPERTS believes in incentivizing active businesses and promoting consistently growing and authentic top-rated service providers on the Platform. Based on the Levels created by Loxperts, the visibility and credibility of the Freelancer on the Platform increases leading to more traction.
Level 0 – New
A level 0 (New) Freelancer is a first-time registered user who is listing their services for the first time on the Platform. A level 0 (New) Freelancer can submit their application firstname.lastname@example.org for increasing their level based on Loxpert’s requirements. The application will be verified by the team at Loxperts and the decision is entirely on the discretion of Loxperts.
For a Level 0 Freelancer to become a Level 1 Freelancer at Loxperts, the Freelancer has to fulfil the following requirements:
- Freelancer has been active for more than 40 days
- Freelancer has made 10 sales or more
- Has maintained a 4.5+ rating for the time period
- Has not received any disputes from customers in the time period.
For a Level 1 Freelancer to become a Level 2 Freelancer at Loxperts, the Freelancer has to fulfil the following requirements :
- Freelancer has been active for more than 80 days
- Freelancer has made 40 sales or more Has maintained a 4.7+ rating for the time period
- Earned more than INR 30,000 over the period.
Level 3 – Pro
For a Level 2 Freelancer to become a Level 3 Freelancer at Loxperts, the Freelancer has to fulfil the following requirements :
- Freelancer has been active for more than 180 days
- Freelancer has made 100 sales or more
- Has maintained a 4.7+ rating for the time period
- Earned more than INR 75,000 over the period
- You may not offer direct payments to Feeelancers using payment systems outside of the LOXPERTS platform.
- LOXPERTS retains the right to use all publicly published delivered works for LOXPERTS marketing and promotional purposes.
- In addition, Customers can request a Custom Order which addresses specific Customer requirements, and receive a Custom Offer from Freelancers through the site or through LOXPERTS anywhere.
- You may not offer Freelancers to pay, or make payment using any method other than through the site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.
- Freelancers must deliver completed files and/or proof of work according to the service that was purchased and advertised on their profile.
- An Order is marked as Complete after it is marked as Delivered and then accepted by a Customer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.
- We encourage our Customers and Freelancers to try and settle conflicts amongst themselves. If the Customer has a dispute they can raise the same within 7 days of placing the order and before the order is “Completed”.
- Certain Services that offer local services might require Customers and Freelancers to meet in person in order for the Freelancer to perform the service. In such cases, users should note that LOXPERTS does not guarantee the behavior, conduct, safety, suitability or ability of either Customers or Freelancers. Both Customers and Freelancers agree that the entire risk arising out of their meeting and/or their use or performance of local services remains solely with them, and LOXPERTS has no responsibility or liability related to any local services provided by the Freelancers. In the event that the service is performed on the Customers’ premises, Customers are encouraged to maintain proper steps to cover their liability as the premise owner. LOXPERTS’s Terms of Service remain applicable to Orders that are performed outside of the marketplace (including, among others, the below restrictions on Unlawful Use, Inappropriate Behavior & Language, and Targeted Abuse).
- When a Customer orders a Service, the Freelancer is notified by email as well as notifications on the site while logged into the account.
- Freelancers are required to meet the delivery time they specified when creating their Services. Failing to do so will allow the Customer to cancel the Order when an Order is marked as late and may harm the Freelancer’s status.
- Freelancers must send completed files and/or proof of to mark the Order as Delivered.
- Customers are responsible for scanning all transferred files for viruses and malware. LOXPERTS will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- Feedback reviews provided by Customers while completing an Order are an essential part of LOXPERTS’s rating system. Reviews demonstrate the Customer’s overall experience with the Freelancers and their service. Customers are encouraged to communicate to the Freelancer any concerns experienced during their active order in regards to the service provided by the Freelancer.
- Leaving a Customer’s feedback is a basic prerogative of a Customer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service.
- To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the LOXPERTS platform from users within our Platform . Purchases arranged, determined to artificially enhance Freelancer ratings, or to abuse the LOXPERTS platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
- Feedback comments given by Customers are publicly displayed on a Freelancer’s Profile.
- Work Samples are the delivered images and videos sent to a Customer in a delivery message. Work Samples are added to a Freelancer’s profile.
- Withholding the delivery of services, files, or information required to complete the service with the intent to gain favourable reviews or additional services is prohibited.
- Freelancers may not solicit the removal of feedback reviews from their Customers through mutual cancellations.
DISPUTES AND CANCELLATIONS
We encourage our Customers to be vigilant about their disputes and the Customer needs to raise the dispute before it is marked as “Complete” by them or within 7 days of placing the order whichever comes before.
Any dispute raised will be taken up by our Loxperts team and a resolution will be passed, either in terms of a better service from the Freelancer on the agreed terms or a refund of the amount paid. The decision shall be the discretion of Loxperts and an alternative remedy cannot be sought from Loxperts. In case of refund, Loxperts will take 5-7 business days to process it to the bank details provided by you.
In case of a successful dispute or cancellation by the Customer, the Freelancer is not entitled to the booking amount for the said service.
USER CONDUCT AND PROTECTION
- To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of LOXPERTS in order to circumvent or abuse the LOXPERTS messaging system or LOXPERTS platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the Platform.
- LOXPERTS does not provide any guarantee of the level of service offered to Customers. You may use the dispute resolution tools provided to you in the Order Page.
- LOXPERTS does not provide protection for users who interact outside of the LOXPERTS platform.
- All information and file exchanges must be performed exclusively on LOXPERTS’s platform.
- Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
- LOXPERTS is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
- Users may not submit proposals or solicit parties introduced through LOXPERTS to contract, engage with, or pay outside of LOXPERTS.
PAYMENT AND REFUND
All service bookings placed by the Customer will be processed through our payment gateway provider “Razorpay” through the Platform. Individual order invoices will be generated from LOXPERTS and will be mailed to the customer only after the completion and delivery of the service.
In case of any valid dispute or cancellation with regards to the service(s) booked (validity clauses are mentioned in the Disputes and Cancellations), a refund will be processed and Loxperts will take 5-7 business days to process it to the bank details provided by the Customer.
- REPORTING VIOLATIONS
- NOTIFICATION OF GREVIENCES AND OF CLAIMS OF INFRINGEMENTS.
LOXPERTS is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end-users, or any other third parties.
If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to LOXPERTS together with a request to LOXPERTS to delete the relevant Content in good faith in the claims of infringement.
In case you are an owner of an Intellectual Property and want to specifically report about any counterfeit goods on our Platform or you need any support or have grievance related to any services provided by our Platform please contact
Name – Sreya Debnath
Email – email@example.com
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the materials on the Platform, other than the User Content that you licensed under the Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to LOXPERTS, and are subject to copyright and other intellectual property rights under Indian laws, foreign laws and international treaties and/or conventions.
The final rights of the content or materials generated by the Freelancer in furtherance of the service booked and paid by the customer, shall be vested in the Customer. The rights of any logo, content or data uploaded by the Customer as a part of the service scope, will remain vested in the Customer.
Any rights over the mark/logo that have been uploaded by the Freelancer on the Platform to showcase their business, shall be vested in the Freelancer.
In connection with the Services, the Platform may display certain trademarks belonging to third parties. Use of these trademarks may be subject to the license granted by third parties to LOXPERTS. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Platform are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
LOXPERTS reserves all rights not expressly granted herein to the Platform and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Platform for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict the use or copying of any Materials or enforce limitations on the use of the Platform or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. The content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
You understand that when using the Platform, you will be exposed to Content from a variety of sources and that LOXPERTS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory, or libellous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LOXPERTS with respect thereto.
You agree to defend, indemnify and hold harmless LOXPERTS, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:-
- Your use of and access to the Platform and/or the Service;
- Your violation of any term of these Terms;
- Your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
- Any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification, or expiration of these Terms and your use of the Service and the Platform.
DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
You acknowledge and agree that LOXPERTS shall not be liable for your interactions with any organizations and/or individuals on the Platform or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties, or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals.
You agree and acknowledge that LOXPERTS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. Nor does LOXPERTS warrant for the quality ofproduct or services If there is a dispute between participants on the Platform, or between users and any third party, you understand and agree that LOXPERTS is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release LOXPERTS, its officers, employees, agents, and successors from any and all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
LIMITATION AND TERMINATION OF SERVICE
You acknowledge and agree that LOXPERTS may establish limits from time to time concerning the use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency and the manner in which you may access the Service or the Platform. You acknowledge that your account is identified and verified.
You acknowledge and agree that LOXPERTS has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Platform or the Service. You acknowledge and agree that LOXPERTS reserves the right at any time to modify, limit or discontinue the Service (or any part thereof) with or without notice and that LOXPERTS shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.
You acknowledge and agree that LOXPERTS, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if LOXPERTS believes that you have violated these Terms.
Further, you agree that LOXPERTS shall not be liable to you or any third-party for any termination of your access to the Platform or the Service. Further, you agree not to attempt to use the Service after any such termination.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, LOXPERTS, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF.
LOXPERTS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY THIRD-PARTY WEBSITES LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:-
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT.
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE.
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM.
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE.
LOXPERTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LOXPERTS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL LOXPERTS, IT’S OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF LOXPERTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE LOXPERTS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT LOXPERTS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PLATFORM IS CONTROLLED AND OFFERED BY LOXPERTS. LOXPERTS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by LOXPERTS without restriction. Any assignment or transfer by you shall be null and void.
ABILITY TO ACCEPT TERMS OF SERVICE
This Platform is intended only for adults and that you are eligible to contract as per applicable laws. If you are using/accessing this Platform as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors, i.e. users under 18 years of age, are only allowed to access the Platform and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is a usual and acceptable standard in civil life and practice.
You affirm that you are either at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 18, as the Platform is not intended for applicants under 18 years of age.
- GENERAL INFORMATION
These Terms and the other policies posted on the Platform constitute the complete and exclusive understanding and agreement between you and LOXPERTS and govern your use of the Service and the Platform superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and LOXPERTS shall be governed by the laws of the India. Any claim you may have against LOXPERTS must be submitted to the exclusive jurisdiction of the courts of Kolkata, West Bengal India. However, in the event that you are a consumer, it may be that consumer law requires that another law is applicable and that a claim may be submitted to another jurisdiction.
The failure of LOXPERTS to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.
YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE PLATFORM MUST COMMENCE WITHIN A REASONABLE TIME AND IN ANY EVENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT LOXPERTS MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER INDIAN LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns.