Oh I See Everyone is a marketplace where Clients and Service Providers can identify each other and buy and sell Oh I See Everyone and/or Business Related Services online. Subject to the terms of this Agreement, Oh I See Everyone provides the Site Services to Clients and Service Providers, including hosting and maintaining the Site, enabling the formation of Service Contracts between Clients and Service Providers. If a Client and Service Provider agree on terms of the Oh I See Everyone Services, a Service Contract is formed directly between such Client and Service Provider, subject to the provisions set forth in Section 5 (Relationship Between Client and Service Provider). When a Client and Service Provider enter a Service Contract, they use the Site to engage or hire, communicate, and pay online.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of “Oh I See Everyone”. “Oh I See Everyone” reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. “Oh I See Everyone” may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability.
Upon the Client buying a Package or awarding a project to the Service Provider, or the Service Provider’s acceptance on the Website, or the purchase of an item or Package by a Client from the Service Provider, the Client and Service Provider will be deemed to have entered into a User Contract under which the Client agrees to purchase, and the Service Provider agrees to deliver the Service Provider Services. You agree not to enter into any contractual provisions in conflict with the User Agreement.
You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Client or Service Provider, or in any other uses you make of the Website.
If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.
Depending on their jurisdiction, Service Providers and Clients may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded.
Each User acknowledges and agrees that the relationship between Clients and Service Providers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Service Provider and the User.
5. Content submitted or made available for inclusion on the Website
By submitting content to the site you are granting “Oh I See Everyone” a worldwide, Non exclusive license to use the content and are representing and warranting to “Oh I See Everyone” That the content is owned or duly licensed by you, and that “Oh I See Everyone” is free to publish, Distribute and use the content as hereinafter provided for without obtaining permission Or license from any third party.
In consideration of “Oh I See Everyone”’s agreement to allow you to post Content to the Site and “Oh I See Everyone”’s agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with “Oh I See Everyone” as follows:
You acknowledge that:
- By posting Content to the Site you hereby grant to “Oh I See Everyone” a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Website;
- The license granted to “Oh I See Everyone” includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities.
- “Oh I See Everyone” uses standard measures to restrict the ability of users and visitors to the Site to make high resolution copies of Content posted on the Site. Notwithstanding this, “Oh I See Everyone” makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. “Oh I See Everyone” does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Content posted on the Site and you hereby expressly authorize “Oh I See Everyone” to permit users and visitors to the Site to make such low resolution copies of your Content;
- Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.
- Reviews are a property of Oh I See Everyone. and will not be removed unless requested by the customer or a court order. FAQ’s here.
You represent and warrant that:
- You are the owner of all rights, including all copy rights in and to all Content you submit to the site;
- You have the full and complete right to enter into this agreement and to grant to “Oh I See Everyone” the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by “Oh I See Everyone” of the Content as contemplated herein;
- The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
- You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against “Oh I See Everyone”, all of which such rights are hereby expressly and irrevocably waived by you in favour of “Oh I See Everyone”.
6. Fees And Services
We charge fees for certain services, such as Package sales fees, listing upgrades and memberships. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update you by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post the temporary promotional event or new service on the Websites.
In order to use certain Oh I See Everyone’s Services, Client must provide account information for at least one valid Payment Method. Oh I See Everyone makes the following methods of payment available: credit cards, debit cards, PayPal and bank transfers to select banks in India .
By providing Payment Method information through the Site, Client represents, warrants, and covenants that: (a) Client is legally authorized to provide such information to us; (b) Client is legally authorized to perform payments using the Payment Method(s); and (c) such action does not violate the terms and conditions applicable to Client’s use of such Payment Method(s) or applicable law. When Client authorizes a payment using a Payment Method via the Site, Client represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement cannot be collected from Client’s Payment Method(s), Client is solely responsible for paying such amounts by other means.
We reserve the right to seek reimbursement from you, and you will reimburse us, if we suspect fraud or criminal activity associated with your payment, withdrawal, or Engagement, if we discover erroneous or duplicate transactions, or if we have supplied our services in accordance with this Agreement yet we receive any chargeback from the credit card company, bank, PayPal or other payment method as used by you, or as used by your Client if you are a Service Provider. You agree that we have the right to any other payment methods or accounts you hold with us, offsetting any amounts determined to be owing, deducting amounts from future payments or withdrawals, charging your credit card, or obtaining reimbursement from you by any other lawful means.
Indian Rupee and foreign currency conversion
Oh I See Everyone and its Services operate in Indian Rupees (INR). If your Payment Method is denominated in a currency other than Indian Rupees and requires currency conversion, additional fees may be charged to your account and or Payment Method.
7. Formal Invoices and Taxes
As applicable by Indian Tax laws, Oh I See Everyone will automatically generate Invoices towards the Client on behalf of the Service Provider for any Package Sales, or payments received to any service provided. As a Service Provider on Oh I See Everyone, you automatically authorize Oh I See Everyone to invoice Clients on your behalf.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided. These taxes will be added to fees billed to you, if applicable.
When required by applicable Indian tax law, we may deduct or withhold taxes for payments due to you. If we deduct or withhold taxes from payments due to you, we will issue to you the relevant withholding tax certificate evidencing deposit of the taxes with the relevant regulatory authorities.
As we are a company incorporated in India, all fees earned by us from Indian Users will be subject to Indian Services Tax on all fees, which will be shown separately on all invoices.
You must also comply with your obligations under income tax provisions in your jurisdiction.
8. Relationship with Oh I See Everyone
Oh I See Everyone is not a party to the dealings between Client and Service Provider, including posts, proposals, screening selection, contracting, and performance of Service Provider Services. Oh I See Everyone merely makes the Site Services available to enable Service Providers to identify and determine the suitability of Clients for themselves and to enable Clients to identify and determine the suitability of Service Providers for themselves. Oh I See Everyone does not, in any way, supervise, direct, or control Service Provider or Service Provider’s work. Oh I See Everyone does not set Service Provider’s work hours, work schedules, or location of work, nor is Oh I See Everyone involved in determining if the Service Provider Fees will be set at an hourly or fixed rate for a Service Contract. Oh I See Everyone will not provide Service Provider with training or any equipment, labor, or materials needed for a particular Service Contract. Oh I See Everyone does not provide the premises at which the Service Provider will perform the work. Oh I See Everyone makes no representations about, and does not guarantee the quality, safety, or legality of, the Service Provider Services; the truth or accuracy of Service Provider’s listings on the Site; the qualifications, background, or identities of Users; the ability of Service Providers to deliver the Service Provider Services; the ability of Clients to pay for the Service Provider Services; or that a Client or Service Provider can or will actually complete a transaction.
You hereby acknowledge and agree that Oh I See Everyone may provide information on the Site about a Service Provider or Client, such as feedback, a strength or risk score, geographical location, or verification of identity or credentials. However, such information is based solely on data that Service Provider or Client voluntarily submits to Oh I See Everyone and does not constitute and will not be construed as an introduction, endorsement, or recommendation by Oh I See Everyone; Oh I See Everyone provides such information solely for the convenience of Users.
You expressly acknowledge, agree, and understand that: (a) Oh I See Everyone is merely a venue where Users may act as Clients and/or Service Providers; (b) Oh I See Everyone is not a party to any Service Contracts between Clients and Service Providers; (c) you are not an employee of Oh I See Everyone and that Oh I See Everyone does not, in any way, supervise, direct, or control the Service Provider or Service Provider Services; (d) Oh I See Everyone will not have any liability or obligations under or related to Service Contracts or any acts or omissions by you or other Users; (e) Oh I See Everyone has no control over Service Providers or the Service Provider Services offered or rendered by Service Providers; and (f) Oh I See Everyone makes no representations as to the reliability, capability, or qualifications of any Service Provider or the quality, security, or legality of any Service Provider Services, and Oh I See Everyone disclaims any and all liability relating thereto.
9. Access And Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Oh I See Everyone Website for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
- interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Oh I See Everyone Website, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the website’s without the prior express written permission of Service Provider and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the website’s, services or tools, or any activities conducted on or with the website’s, services or tools; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
You will indemnify, defend, and hold harmless Oh I See Everyone, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party against an Indemnified Party relating to: (a) use of the Site and the Site Services by you or your agents, including any payment obligations incurred through use of the Site Services; (b) any Service Contract entered into by you or your agents, including, but not limited to, the classification of a Service Provider as an independent contractor; the classification of Oh I See Everyone as an employer or joint employer of Service Provider; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; (c) failure to comply with this Agreement by you or your agents; (d) failure to comply with applicable law by you or your agents; (e) negligence, willful misconduct, or fraud by you or your agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents.
11. No Warranty As To Content On The Website
The Website is a dynamic time-sensitive website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabeled or deceptively labelled accidently by us or accidentally or purposefully by a third party.
Our Services, the Website and all content on it are provided on an ‘as is’, ‘with all faults’ and ‘as available’ basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:
- the Website or any Seller Services or Service Provider Services;
- the accuracy, reliability, availability, veracity, timeliness or content of the Website or any Seller Services or Service Provider Services;
- whether the Website or Seller Services or Service Provider Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
- whether defects in the Website will be corrected;
- whether the Website, the Seller Services or the Service Provider Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, Seller Services or Service Provider Services;
- any third party agreements or any guarantee of business gained by you through the Website, Seller Services or Service Provider Services or us; or
- the Website, Seller Services or Service Provider Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.
To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.
12. Limitation Of Liability
In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
- any indirect, special, incidental or consequential damages that may be incurred by you;
- any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.
The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation.
To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the Service Provider services again or the payment of the cost of having the Service Provider services supplied again.