Terms and Conditions - Consultancy Bazaar

NATURE OF TERMS & CONDITIONS AND THE WAY IT’S APPLIED

Consultancy Bazaar would urge all the site users to carefully go through the Terms and Conditions and the Privacy Policy available at https://www.consultancybazaar.com/privacy (“Privacy Policy”) before accessing and using the Website or availing the services made available on the Website by Consultancy Bazaar. These Terms and Conditions and the Privacy Policy together constitute a legally binding agreement (“Agreement”) between the users registered as Consultants, and/or as End-Users and Consultancy Bazaar in connection with their visit to and usage of the Website and use of the Services (as defined below).
Consultants and End-Users must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, Consultants and End-Users represent and warrant to Consultancy Bazaar that they are 18 years of age or older, and that then have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
The Agreement is applicable to the services (“Services”) offered by registered Consultants from the field of “Astrology” or “Construction & RealEstate” or “Education” or “Finance” or “Health & Diet” or “Law” or “LifeCoaching” or “Spiritual” or “Technology” or “Vastu” or “Advertising & Marketing” or “Art” or “Broadcast” or “Carrier” or “Fashion” or “Movie & Film” or “Music” or “Publishing” (either individually or through an entity).

THE WEBSITE PROVIDES THE FOLLOWING:

For Consultants: Listing their profiles, booking appointment facility, maintaining client database, personalized dashboard, tracking expenses, billing & receipt generation, revenue dashboards;
For End-Users: Facility to (1) create and maintain ‘End-Users Accounts’, (2) search options to find Consultants by name, specialty, and geographical area, or any other criteria that may be developed and made available by Consultancy Bazaar. (3) send messages for appointment, enquiry or general enquiry to the Consultants and book appointments for ‘paid consultations’. (4) maintain Consultant dashboard (5) promote the End-User profile as Consultant, hence become Consultant and then can use all the services applicable to the Consultants based on different plans (free and paid) mentioned in the Plan section of Consultancy Bazaar.
The Services may change from time to time, at the sole discretion of Consultancy Bazaar.
This Agreement defines the terms and conditions under which Consultants and the End-users are allowed to use the Website and describes the manner in which Consultancy Bazaar shall treat their accounts while they are registered as members with Consultancy Bazaar. If there are any questions about any part of the Agreement, feel free to contact at support@consultancybazaar.com.
By visiting or accessing the Website, Consultants and End-Users conclusively accept all the conditions stipulated in this Agreement, and Agreement and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to Consultants and End-Users relating to their use of the Website to avail the Services. By availing any Service, Consultants and End-Users signify their acceptance of the terms of this Agreement.
Consultancy Bazaar holds and reserves all the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to Consultants and End-Users and Consultancy Bazaar urges them to read the Agreement at regular intervals. Their use of the Website following any such modification constitutes their agreement to follow and be bound by the Agreement so modified.
Consultants and End-Users acknowledge that Consultants and End-Users will be bound by this Agreement for availing any of the Services offered by Consultancy Bazaar. If Consultants and End-Users do not agree with any part of the Agreement, please stop using the Website and stop availing any Services made available on this Website.
Their access to use of the Website and the Services will be solely at the discretion of Consultancy Bazaar.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
1. the Indian Contract Act, 1872,
2. the (Indian) Information Technology Act, 2000, and
3. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

TERMS & CONDITIONS FOR END-USERS

END-USER ACCOUNT AND DATA PRIVACY
1. The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
2. Consultancy Bazaar may by its Services, collect information relating to the devices through which Consultants and End-Users access the Website, and anonymous data of their usage. The collected information will be used only for improving the quality of Consultancy Bazaar’s services and to build new services.
3. The Website allows Consultancy Bazaar to have access to registered End-user's personal email or phone number, for communication purpose to provide Consultants to contact in relation to their consultancy services. The End-Users can also use the Website as a registered user of the Consultancy Bazaar and will be able to avail all services provided to the End-Users.
4. The Privacy Policy relates to:
  1. The type of information collected from End-users, including sensitive personal data or information;
  2. The purpose, means and modes of usage of such information;
  3. How and to whom Consultancy Bazaar will disclose such information; and,
  4. Other information mandated by the SPI Rules.
5. The End-user is expected to read and understand the Privacy Policy, so as to ensure that he or she or it has the knowledge of:
  1. the fact that certain information is being collected at Consultancy Bazaar;
  2. the purpose for which the information is being collected;
  3. the intended recipients of the information;
  4. the nature of collection and retention of the information; and
  5. the name and address of the agency that is collecting the information and the agency that will retain the information; and
  6. Various rights available to such End-users in respect of such information.
6. Consultancy Bazaar shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the End-user to Consultancy Bazaar or to any other person acting on behalf of Consultancy Bazaar.
7. The End-user post registration at consultancy bazaar is responsible for maintaining the confidentiality of their own account access information and password. The End-user shall be sole responsible for all usage of their account and password, whether or not authorized by the User. The End-user shall immediately without any delay inform by writing mail to support@consultancybazaar.com if they suspected unauthorized use of the User’s account or password. Although Consultancy Bazaar will not be liable for any losses caused to any person by any unauthorized use of their account, End-users may be liable for the losses of Consultancy Bazaar or such other parties as the case may be, due to any unauthorized use of their account.
8. End-user provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Consultancy Bazaar has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Consultancy Bazaar has the right to discontinue the Services to the End-user at its sole discretion.
9. Consultancy Bazaar may at its sole discretion shall use such information collected from the End-users from time to time for the purposes of correcting customer support related issues at Consultancy Bazaar.
10. The End Users who use the WhatsApp facility to contact Consultants registered in Consultancy Bazaar are doing this at their own will, as this will expose their Cell phone/Mobile number to the concerned Consultant and can not hold Consultancy Bazaar responsible to reveal their number to respective Consultants. It is understood that when they are using Consultancy Bazaar's WhatsApp facility, they agree to let their number be shared with the Consultant, and Consultancy Bazaar will not be held responsible for the same. The further communication between them and the Consultant, within the WhatsApp domain, has no concern with Consultancy Bazaar whatsoever. However, Consultancy Bazaar urges the Users of the WhatsApp facility in Consultancy Bazaar to be judicious and maintain business official purpose and language as much as possible while using this WhatsApp facility through Consultancy Bazaar.
ALGORITHM FOR MAKING SEARCH AT CONSULTANCY BAZAAR SITE
1. Consultancy Bazaar’s algorithm for making search at its site for the Consultants is a fully automated system that lists the Consultants, their profile and information regarding their Consultancy on its Website. These listings of Consultants do not represent any fixed objective ranking or endorsement by Consultancy Bazaar. Consultancy Bazaar will not be liable for any change in the relevance of the Consultants on search results, which may take place from time to time. The listing of Consultants will be based on automated computation of the various factors including inputs made by the End-users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Consultancy Bazaar in no event will be held responsible for the accuracy and the relevancy of the listing order of the Consultants on the Website.
LISTING CONTENT AND DISSEMINATING INFORMATION
1. Consultancy Bazaar permits the Consultants, End-users and Visitors of the Consultancy Bazaar to view and access the content available on or from the Website solely for viewing the content, receiving connects, and communicating based on various services they avail from Consultancy Bazaar and are governed as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Consultancy Bazaar Content"), are the property of Consultancy Bazaar and are protected under copyright, trademark and other laws. User shall not modify the Consultancy Bazaar Content or reproduce, display, publicly perform, distribute, or otherwise use the Consultancy Bazaar Content in any way for any public or commercial purpose or for personal gain.
2. Consultancy Bazaar collects, directly or indirectly, and displays on the Website, relevant and useful information regarding the profile and practice of the Consultants listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Consultancy Bazaar takes reasonable and constructive efforts to ensure that such information is updated at frequent intervals. Although Consultancy Bazaar screens and assesses the information and photos submitted by the Consultants, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3. The Services provided by Consultancy Bazaar or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Consultancy Bazaar does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Consultancy Bazaar does not guarantee the accuracy or completeness of any content or information provided by End-users on the Website. To the fullest extent permitted by law, Consultancy Bazaar disclaims all liability arising out of the End-user’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Consultancy Bazaar or any User in relation to any User or services provided by such User.
4. The Website may be linked to the website of third parties, affiliates and business partners. Consultancy Bazaar has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Consultancy Bazaar endorses the linked site. User may use the links and these services at User’s own risk.
5. Consultancy Bazaar assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect End-user’s equipment on account of End-user’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a End-user is dissatisfied with the Website, Consultancy Bazaar would request End-user’s sole remedy is to discontinue using the Website.
6. If Consultancy Bazaar determines that Consultants and End-Users have provided fraudulent, inaccurate, or incomplete information, including through feedback, Consultancy Bazaar reserves the right to immediately suspend their access to the Website or any of their accounts with Consultancy Bazaar and makes such declaration on the website alongside their name/their name and other details as determined by Consultancy Bazaar for the protection of its business and in the interests of End-users. Consultants and End-Users shall be liable to indemnify Consultancy Bazaar for any losses incurred as a result of their misrepresentations or fraudulent feedback that has adversely affected Consultancy Bazaar or its Users.
7. Consultancy Bazaar is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.
TERMS AND CONDITIONS TO SEND MESSAGES TO CONSULTANTS BY END-USERS
1. Consultancy Bazaar enables Users to connect with Consultants through methods mentioned here: End-Users can connect through sending messages to Consultants and booking appointments of the Consultants who have availed paid subscription/services. The Consultants who have not availed paid services will not have the booking facility enabled and hence End-Users will not be able to book appointment with such Consultants; however, they will be able send message to all the Consultants listed on the Website.
2. Consultancy Bazaar will ensure End-users are provided facility to send their message to the Consultants and seek consultancy services and in booking appointments of the Consultants who have availed paid subscription/services. However, Consultancy Bazaar has no liability if an appointment is later cancelled by the Consultant, or the Consultant fails to provide his consultancy services for any reason whatsoever.
3. If End-user has utilized the message services or booking appointment for Consultants who’s booking button is enabled since they are paid subscribers, Consultancy Bazaar reserves the right to share the information provided by the End-user with the Consultant and store such information and/or conversation of the End-user with the Consultant, in accordance with our Privacy Policy.
4. The results of any search End-users perform on the Website for Consultants should not be interpreted as an authorization by Consultancy Bazaar of any such particular Consultant. If the End-user decides to engage with a Consultant to seek services, the User shall be doing so at his/her own risk.
5. Without prejudice to the generality of the above, Consultancy Bazaar is not involved in providing any sort of consultancy services hence is not responsible for any interactions between End-user and the Consultant. User understands and agrees that Consultancy Bazaar will not be liable for:
  1. Communications and related issues End-user have with the Consultant and the ability or intent of the Consultant(s) or the lack of it, in fulfilling their obligations towards End-users.
  2. Any wrong Consultancy or quality of Consultancy being given by the Consultants(s), or any negligence on part of the Consultant(s) and inappropriate advise or consultancy, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Consultant to provide agreed Services;
  3. Any misconduct or inappropriate behavior by the Consultant or the Consultant’s staff;
  4. Cancellation or no show by the Consultant or rescheduling of booked appointment or any variation in the fees charged.
6. End-users are allowed to provide feedback about their experiences with the Consultant, however, the User shall ensure that, the same is provided in accordance with applicable law. End-user however understands that, Consultancy Bazaar shall not be obliged to act in such manner as may be required to give effect to the content of End-users feedback, such as suggestions for delisting of a Consultant from the Website.
7. In case of where the “End-user not show-up” at the concerned Consultant’s office place, Consultancy Bazaar is not at all responsible at all. Consultancy Bazaar is currently letting End-users connect with Consultants (contact and appointment booking in case of those consultants who have availed paid services) and exchange of messages between them. If this no-show leads to a conflict between End-user or Consultant, then Consultancy Bazaar won’t be liable to pay any claims in this conflict. Consultancy bazaar in other words will have zero liability in this conflict. The End-users hereby mentioned are to be understood and accepted by End-users of Consultancy Bazaar:
  1. In the occasion the End-users consult a specific Consultant of choice, the same is facilitated through search options as made available on Consultancy Bazaar’s Website. In cases where End-users cannot choose a Consultant (due to system setup), the system uses an algorithm/software-program to find the most available and accepting Consultant.
  2. On the occasion if any consultation is being provided to End-user by the Consultant, the same is being provided basis the online consultation, however it may vary when consulted in person, hence in no event shall the Consultation provided by Consultant be relied as a full, final and definite solution.
  3. The End-users agree to use the advice from Consultant on the website pursuant to:
    1. An ongoing Consultation or advise with their Consultant;
    2. Consultation with their consultants before abandoning or modifying their ongoing consultation
  4. Nevertheless, anything contained herein, Consultancy Bazaar in no manner endorses or recommends any Consultants that End-users take consultation and is not in any manner responsible for any consultation given by the Consultant.
  5. If Consultants responds to the End-user’s query, the system could trigger communications to the User, in the form of notification/text/email/others. The End-user further understands that Consultancy Bazaar may send such communications like text messages/email/calls before and/or after Consultant’s consultation (physical or online) to User’s mobile number which is provided by Consultants, based on the Consultant’s settings if provided by Consultancy Bazaar. How-ever and notwithstanding anything to the contrary in this Agreement, Consultancy Bazaar does not take responsibility for timeliness of such communications.
  6. Connection based model which Consultancy Bazaar provides, any interactions and associated issues with the Consultant on Consultation including but not limited to the User’s issues and/or the User’s experiences is strictly between the End-users and the Consultants. The End-users shall not hold Consultancy Bazaar responsible for any such interactions and associated issues.
  7. The End-user hereby grants consent to Consultancy Bazaar to feature certain of End-users queries posted free of cost and respective Consultant's responses as posted by the End-users on Consultancy Bazaar Consultation. End-users further agree that any such information provided by the User will be subject to Consultancy Bazaar Privacy Policy.
  8. Any conversations that the End-users have had with the Consultant will be retained in Consultancy Bazaar database as per the applicable laws and subject to confidentiality.
  9. End-users understand and agree to provide accurate information and will not use this platform for any acts that are considered to be illegal in nature.
  10. If End-users decide to engage with a Consultant to procure any services or engages in communication, exchange of money for services outside of Consultancy Bazaar Consultation platform, End-users shall do so at their own risk and Consultancy Bazaar shall not be held responsible for any breach of service or service deficiency by any Consultants.
  11. The End-users agree and understand that the transaction with the Consultant are subject to jurisdiction of Indian laws and that any claim, dispute or difference arising from it shall be the matter subjected to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times. The Consultants and End-Users further agree and understand that the Consultancy Bazaar is only an intermediary platform and the onus is on the Consultants to obtain qualification/authorization/license to offer Services via the Website. It is expressly clarified that at no point in time can it be construed that the Consultant is offering any Services in a territory other than India, irrespective of where the User is located and procures consultancy services or engages in communication with the Consultant, in any manner whatsoever.
  12. The End-user shall indemnify and hold harmless Consultancy Bazaar and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Website by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the End-user that gave rise to any claim including claims by Consultants or any third party.
  13. Consultancy Bazaar is not any service provider in the fields of displayed consultancies; it shall hence not be responsible and owns no liability to either End-users or Consultants for any outcome from the consultation between the User and the Consultant.
  14. Consultancy Bazaar Consultation is a platform being made available to Users to assist them to obtain consultation from Consultants and does not intend to replace the physical or in person consultation with the Consultant. It is just intermediary platform for the Consultants to list themselves and for End-users to contact them through messages sent through text/email at Consultancy Bazaar. Further negotiation with Consultants by End-users is to their sole discretion and Consultancy Bazaar will not be held responsible for such transactions.

TERMS & CONDITIONS FOR CONSULTANTS

PROFILE RELATED POLICIES
1. The Consultants registered with the Website displaying their profile shall promptly reply to the End-users after receiving End-user’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Consultant, Consultancy Bazaar shall have the right to replace such Consultants for the purpose of consultation to the End-user or remove such Consultants from the Consultancy Bazaar application/Website.
2. The Consultants understand and agree that, Consultancy Bazaar shall at its sole discretion, at any time be entitled to, display availability of other Consultant(s).
3. The Consultant further understands that, Consultant is not bound to provide the Consultation to any End-user and Consultant shall provide Services at his free will and volition.
4. The Consultants shall at all-time make sure that they are following all the applicable laws that govern them while providing Services via the Website.
5. The Consultants agree and accept that should Consultancy Bazaar find the consultant(s) to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then Consultancy Bazaar shall be entitled to cancel any consultation appointment/inquiry with such Consultant or take such other legal action as may be required.
6. It is further understood by the Consultant that the information that is disclosed by the End-user at the time of consultation is personal information and is subject to all applicable privacy laws, and the same shall be confidential in nature and subject to End-user and Consultant privilege.
7. The Consultants understands that Consultancy Bazaar makes no promise or guarantee for any uninterrupted communication and the Consultants shall not hold Consultancy Bazaar liable, if for any reason the communication is not delivered to the End-user(s), or are delivered late or not accessed, despite the efforts undertaken by Consultancy Bazaar.
8. It is clear and understood that, it shall be the responsibility of the Consultants to ensure that the information provided by End-user is accurate and not incomplete and understand that Consultancy Bazaar shall not be liable for any errors in the information included in any communication between the Consultants and Users.
9. The Consultants shall indemnify and hold harmless Consultancy Bazaar and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the Services provided by Consultants, violation of any law, rules or regulations by the Consultants or due to such other actions, omissions or commissions of the Consultants that gave rise to any claim including by End-user or any third party.
10. A customer who has availed a paid plan from Consultancy Bazaar, can cancel it at any time within the first 3 days and receive a full refund. For this to happen, the customer needs to go to the ‘Manage Subscription’ page in Account Settings in the website. While requesting Cancellation, the user needs to provide a reason for cancellation in the Reason for Cancellation text box. The support team at Consultancy Bazaar will review and if the reason is found to be genuine and appropriate, the paid amount will be fully credited back to the customer within 2 to 4 weeks. We may use and share certain requisite information of the Consultants who are our paid subscribers with reliable and reputed third-party payment gateway to whom we are associated in order to ensure swift and comfortable payment mechanism. The third-party payment gateway and other payment transaction processors have their own privacy policies in respect to the information we are required to provide to them for payment transactions. For these providers, we recommend that paid subscribers go through/read their privacy policies to understand the way personal information and credit/debit card details will be handled by these providers. Once paid subscribers (Consultants) are redirected to a third-party website or application, they are governed by terms and conditions of such third-party website or application.
11. It is understood that Consultants who are our paid subscribers (including those End-Users who promote themselves as Consultants using our website feature ‘Become a Consultant’ and later they avail services and become paid subscribers) use the billing section of our Website with the acceptance of the fact that they are willingly, knowingly and at their own risk adding their bank account details which go as part of the billing information to their customers in the invoice / bills being generated and Consultancy Bazaar shall not be responsible for any misuse of such information by any customer or third parties for any reason whatsoever. However, Consultancy Bazaar is committed using latest technology to secure the website.
12. Due to the existing regulatory environment, we cannot ensure that all your personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting and foregoing), we may be constrained to disclose information to the Government, law enforcement agencies or their authorized agents. While Consultancy Bazaar takes best efforts to protect the data provided by Users on its Website, Users shall be cognizant of the fact that no software application is 100% secure on the internet and there are risks of unauthorized and unlawful access by third parties through hacking, etc., and hence, Users acknowledge agree that Consultancy Bazaar shall not be responsible in such cases of unauthorized/unlawful access of their data on the Website.
13. All requests for refunds will be processed according to refund policy mentioned on the Website. It is understood that all Consultants who are using this Website and have availed paid subscription are bound by refund policy.
14. Consultancy Bazaar allows Consultants to create their profile as part of listing their services on the website. Consultancy Bazaar allows Consultants to add their professional information. This involves giving information of the addresses of offices, homes, or any other location which is the place of carrying out their consultancy/profession, date of birth, photos, videos from social media sites like Youtube, Vimeo, their social media profile links, professional details and industry vertical/profession they chose while registering with Consultancy Bazaar, to name a few. In some cases, Consultants may be providing information about their clients. It is expected that Consultants are putting this data about their Clients after due approval from their respective clients. It is the responsibility of Consultants to share this data with Consultancy Bazaar. Consultancy Bazaar does not stand responsible if this data is the personal property of some third party/person or organization/Client and has been uploaded without their consent. In such a situation, Consultancy Bazaar will not be held responsible for such breach of the data privacy policy by the Consultants. Consultancy Bazaar expects and addresses all the Consultants to be careful in uploading data, for example, the photos uploaded by the Consultants during the listing/registering their profession at Consultancy Bazaar. In the event of such a breach in data Policy by Consultants, Consultancy Bazaar reserves the right to take action against the Consultant in the course of law of land. This can also lead to the cancellation of the listing of the Consultant's profile in Consultancy Bazaar.
15. Consultants using Whatsapp facility in Consultancy Bazaar: This is a facility enabled on November month of 2021 on Consultancy Bazaar where End Users visiting the website will be able to contact Consultants directly on Whatsapp. End Users are able to do so because Consultants have chosen WhatsApp service which makes their cell phone/mobile numbers visible to End Users when they sign-up on Consultancy Bazaar. Consultancy Bazaar considers Consultants choosing WhatsApp facility based on their individual choice, business decision and is assuming that Consultants agree for their numbers to be visible to the End Users. Consultancy Bazaar is not binding Consultants for using this WhatsApp feature. Those Consultants who choose not to use the WhatsApp facility would be contacted by End Users on email as a normal option provided to all Consultants by default. In this email facility, the emails of Consultants are not visible to End Users when communication happens.
  
  Those Consultants who registered with Consultancy Bazaar before November month of 2021 are informed via email (as one-time email communication) about the launch of this Service. If any Consultant however misses this email notice, will consider being purely their own responsibility, and Consultancy Bazaar shall not be held responsible if Consultants miss using this facility, despite being informed on email. Consultancy Bazaar expects Consultants to read these Terms and Conditions which get updated from time to time (which we duly communicate to our Consultants and End Users whenever there is any update). If a consultant has for some reason stopped using their registered email address and has not yet updated in Consultancy Bazaar, it is understood that they will lose all such communications related to Consultancy Bazaar, and Consultancy Bazaar will not be held responsible for this information not reaching the Consultants.
  
  If a Consultant chooses to use WhatsApp for communication using the WhatsApp facility, then once the communication starts and leaves the Consultancy Bazaar site, and uses WhatsApp chat, Consultancy Bazaar shall not be held responsible for any information and communication that happens after that, in that chat instance as it goes out of the domain and control of Consultancy Bazaar. However, Consultancy Bazaar urges the Users of the WhatsApp facility in Consultancy Bazaar to be judicious and maintain business official purpose and language as much as possible while using this WhatsApp facility through Consultancy Bazaar.
LISTING POLICY FOR CONSULTANTS USING CONSULTANCY BAZAAR
1. Consultancy Bazaar collects information regarding the Consultants’ profiles, contact details, and practice while they register at the website and Consultants’ provide their consent for such collection of information. Consultancy Bazaar reserves the sole right, at its discretion, to display any Consultant’s profile or take down any Consultant’s profile, with or without notice to the concerned Consultants. If any information displayed on the Website in connection with Consultants and End-Users and their profile is found to be incorrect, misleading or fraudulent, Consultants and End-Users are required to inform Consultancy Bazaar immediately to enable Consultancy Bazaar to make the necessary amendments/action.
2. Consultancy Bazaar shall not be liable and responsible for the ranking of the Consultants on external websites and search engines.
3. Consultancy Bazaar shall not be responsible or liable in any manner to the Consultants for any losses, damage, injuries or expenses incurred by them as a result of any disclosures or publications made by Consultancy Bazaar, where the Consultant has expressly or implicitly consented to the making of disclosures or publications by Consultancy Bazaar. If the Consultant had revoked such consent under the terms of the Privacy Policy, then Consultancy Bazaar shall not be responsible or liable in any manner to the Consultant for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Consultancy Bazaar prior to its actual receipt of such revocation.
4. Consultancy Bazaar reserves the right to review and moderate the suggestions made by the Consultants through feedback send to support@consultancybazaar.com and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Consultancy Bazaar shall not be liable if any inactive, inaccurate, fraudulent, or non-existent profiles of Consultants are added to the Website.
5. Consultancy Bazaar hereby represents and warrants that Consultants will use the Services provided by the website in accordance with applicable law. Any contravention of applicable law as a result of their use of these Services is their sole responsibility, and Consultancy Bazaar accepts no liability for the same.
6. Once the Consultants and End-Users register to use the services of Consultancy Bazaar, they automatically provide their consent to Consultancy Bazaar to share their profile data with any third party/parties as required. This sharing of data with third parties will be solely for the reason of improving or adding any existing/new services provided through Website. Sharing of such data by Consultancy Bazaar shall be within the framework of privacy policy mentioned on the Website.
PROFILE OWNERSHIP AND EDITING RIGHTS
1. Consultancy Bazaar allows Consultants to update their profile information from time to time so that they keep their information up to date on the Website. Consultancy Bazaar reserves the rights of ownership of all the Consultant’s content including photographs posted on the Website and to moderate the changes or updates requested by Consultants. However, Consultancy Bazaar may if deemed suitable take independent decision whether to publish or reject the requests submitted for the respective changes or updates. Consultants hereby represent and warrant that all content uploaded by Consultants as part of their profile or otherwise are in compliance with applicable law and that no such content breaches any third-party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Consultancy Bazaar may modify or delete fully or parts of their profile information at its sole discretion with or without notice to Consultants.
RIGHTS OF CONSULTANCY BAZAAR ON REVIEWS AND FEEDBACK POSTED
1. For all the ”Critical Content” which includes Feedback and Review contents created by the Consultants and End-Users of www.consultancybazaar.com (“Website”) during the usage of the Website, as a platform, it is understood that Consultancy Bazaar does not take responsibility of this ‘Critical Content’ generated and its role will be restricted to that of an ‘intermediary’ under the Information Technology Act, 2000.
2. Consultancy Bazaar reserves the right to collect the above mentioned ‘Critical Content’ for all the Consultants listed on the Website by End-users.
3. Consultancy Bazaar shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all ‘Critical Content’ (as defined above) from the Website, except as required by applicable law.
4. Consultants and End-Users understand that by using the Website they may be exposed to ‘Critical Content’ that Consultants and End-Users may find offensive or objectionable. Consultancy Bazaar defines such offensive and objectionable content as which indicates towards quality of Consultation provided by the consultant to their End-Users. Consultancy Bazaar shall not be liable for any effect on Consultant’s business due to this ‘Critical Content’ of a nature on their consultancy. In these respects, Consultancy Bazaar is declaring that Consultants and End-Users may use the Service at their own risk and undertaking. Consultancy Bazaar however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. Any offensive or abusive language will be not allowed to publish as per guidelines mentioned above in the section ‘TERMS & CONDITIONS FOR CONSULTANTS AND END-USERS’.
5. Consultancy Bazaar will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Consultants and End-Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
6. Third-party content may appear on this Website or may be accessible via links from this Website. Consultancy Bazaar shall not be responsible for and assume no liability for any falsehood, mistakes, defamation, omissions, misstatements of law, obscenity, pornography or profanity in the statements, opinions, or any other form of content contained in any third-party content appearing on or through the Website.
7. Here Consultancy Bazaar concludes that Consultants and End-Users if found to have provided inaccurate information or enabled untrue feedback, Consultancy Bazaar reserves the right to immediately suspend any of their accounts with Consultancy Bazaar and makes such declaration on the website alongside their name/their names as determined by Consultancy Bazaar for the protection of its business and in the interests of Users.
8. Consultancy Bazaar has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the Users who search for consultancy services. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Consultants. Consultancy Bazaar shall not be liable for any effect on the Consultant’s business interests due to the change in the Relevance Algorithm.
9. Consultancy Bazaar is not responsible for any service not posted on the Website but may be provided by the Consultants independently.
10. Consultancy Bazaar reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Advertisements”. Without prejudice to the status of other content, Consultancy Bazaar will not be liable for the accuracy of information or the claims made in the Sponsored Advertisements. Consultancy Bazaar will not be liable for the services offered through Sponsored Advertisements.
RIGHTS AND OBLIGATIONS RELATING TO CONTENT
1. As mandated by Regulation 3(2) of the IG Rules, Consultancy Bazaar hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
  1. belongs to another person and to which the User does not have any right to;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
  3. harm minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonate another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. Threatens the unity, integrity, defense, 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.
2. Users are also prohibited from:
  1. violating or attempting to violate the integrity or security of the Website or any Consultancy Bazaar Content;
  2. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Consultancy Bazaar;
  3. intentionally submitting on the Website any incomplete, false or inaccurate information;
  4. making any unsolicited communications to other Users;
  5. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
  6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
  7. copying or duplicating in any manner any of the Consultancy Bazaar Content or other information available from the Website;
  8. Framing or hot linking or deep linking any Consultancy Bazaar Content.
  9. Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
3. Consultancy Bazaar, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention the points mentioned in Clause E. Consultancy Bazaar shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
4. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Consultancy Bazaar has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
5. Consultancy Bazaar may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and Consultants and End-Users hereby consent to such transfer. The SPI Rules only permit Consultancy Bazaar to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Consultancy Bazaar as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Consultancy Bazaar or any person on its behalf and the User or where the User has consented to data transfer.
6. Consultancy Bazaar respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.

TERMS & CONDITIONS APPLICABLE BOTH FOR CONSULTANTS AND END-USERS

CONSULTANT AND END-USER RELATIONSHIP
1. It is hereby clearly defined that, the Information that Consultants and End-Users obtain or receive from Consultancy Bazaar, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only, the Consultancy Bazaar makes no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to Consultants and End-Users or anyone else for any decision made or action taken by Consultants and End-Users in reliance on such information.
2. By using this Website, Consultants and End-Users agree that any information shared by Consultants and End-Users with Consultancy Bazaar or with any Consultants will be subject to this Agreement.
3. Consultants and End-Users are solely responsible for the content that Consultants and End-Users choose to submit for publication on the Website, including any feedback, ratings, or reviews relating to Consultants. The role of Consultancy Bazaar in publishing Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Consultancy Bazaar disclaims all responsibility with respect to Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Consultancy Bazaar shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
4. Their publication of reviews and feedback on the Website is governed by Clause E of these Terms. Without prejudice to the detailed terms stated in Clause E, Consultants and End-Users hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Consultancy Bazaar, at its sole discretion, may choose not to publish their reviews and feedback, if so required by applicable law, and in accordance with Clause E of these Terms. Consultants and End-Users agree that Consultancy Bazaar may contact Consultants and End-Users through telephone, email, SMS, or any other electronic means of communication for the purpose of:
  1. Obtaining feedback in relation to Website or Consultancy Bazaar’s services; and/or
  2. Obtaining feedback in relation to any Consultants listed on the Website; and/or
  3. Resolving any complaints, information, or queries by Consultants regarding their content; and Consultants and End-Users agree to provide their fullest co-operation further to such communication by Consultancy Bazaar.
5. The specific terms relating to such Consultants Account are as below, without prejudice to the rest of these Terms and Conditions and the Privacy Policy:
  1. Their Records is only created after Consultants and End-Users have signed up and explicitly accepted these Terms.
  2. Any Consultant created his professional account is provided on an as-is basis at the sole intent, risk and responsibility of the Consultants and Consultancy Bazaar does not validate the said information and makes no representation in connection therewith.
  3. It is Consultant’s responsibility to keep their mobile number and email ID updated in the profile created by Consultants. Every time Consultants change any contact information in their profile, it is the responsibility of Consultants to inform their clients via messaging facility provided in the Website.
  4. In case any of the Consultants/ End-Users wants to delete their Account, Consultants and End-Users can do so by contacting our service support team at support@consultancybazaar.com. Their account will be then non-functional till they want to reactivate their account. For that, Consultants and End-Users will have to send a mail to support@consultancybazaar.com and Consultancy Bazaar will take minimum of 2/3 working days to bring back the account. A mail for this activation will be sent to the concerned Consultant and End-user. This may take more than 2/3 working days due to many requests pending and Consultancy Bazaar shall not be responsible for any monetary or time loss of the Consultants and End-users.
  5. If the user Account is un-assessed for a stipulated time, Consultants and End-Users may not be able to access their account due to security reasons. But Consultants and End-Users can reactivate the account by writing to support@consultancybazaar.com.
  6. Consultancy Bazaar will not be held responsible for any account getting login error. There can be some technical issues while login and that may cause Consultants or End-users delay in logging to the website. Although Consultancy Bazaar back end technical team will try to address the issues at the earliest as a part of service.
  7. Consultants and End-Users may lose their “User created” account, if the data is not synced with the server. However, a mail can be sent to support@consultancybazaar.com for enquiring for the same and again an attempt can be made to register accounts.
  8. Users agree and acknowledge that Consultancy Bazaar may need to access the information of User Accounts for cases such as any technical or operational issue of the End User in access or ownership of the Account information.
TERMINATION OF CONSULTANT AND END-USERS ACCESS AT CONSULTANCY BAZAAR
1. Consultancy Bazaar holds and reserve the right to terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where:
  1. Such Consultants & End-users breached any terms and conditions of the Agreement; or
  2. Consultancy Bazaar is unable to verify or authenticate any information provide to Consultancy Bazaar by Consultants & End-users; or
  3. Consultancy Bazaar has reasonable grounds for suspecting any information of activity of Consultants or End-users to be improper, illegal, unlawful, misleading, fraudulent or abusive; or
  4. A third-party reports violation of any of its right as a result of their use of the Services displayed on the Website.
2. Once temporarily or indefinitely suspended or terminated, the Consultants & End-users may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has up-to-date backup of any information or content that the User has provided to or accessed on the Website.
LIMITATION OF LIABILITY AT CONSULTANCY BAZAAR
1. In no case, including but not limited to negligence, shall Consultancy Bazaar, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
  1. Delivery of or failure to provide all or any service through Consultants to End-users contacted or managed through the Website;
  2. Any content posted, transmitted, exchanged or received by or on behalf of any Consultant and End-user or other person on or through the Website;
  3. Any unauthorized access to or alteration of their transmissions or data; or
  4. Any other matter relating to the Website or the Service.
  5. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a Consultant Or End-users and User’s use of the Website or the Services exceed, in the aggregate ₹.1000/- (Indian Rupees One Thousand Only).
INFORMATION HOLDING AND REMOVAL AT CONSULTANCY BAZAAR
1. Consultancy Bazaar may at its sole discretion retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
APPLICABLE LAW AND DISPUTE SETTLEMENT
1. The Consultants and End-Users agree that this Agreement and any contractual obligation between Consultancy Bazaar and them will be governed by the laws of India. So Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or their use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by an arbitral institution selected by the Consultancy Bazaar. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bengaluru. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
2. Subject to the above points mentioned in Clause E the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, their use of the Website or the Services or the information to which it gives access.

RIGHTS OF CONSULTANCY BAZAAR ON BLOGS PUBLISHED

Consultancy Bazaar has a blog section on the website where it publishes/ blogs on regular basis. The blog has currently two sections Articles and Interviews. Blog publishing rights belong to Consultancy Bazaar. It is Consultancy Bazaar that decides what the content would be and no Consultant and User registered at Consultancy Bazaar have the right to decide, what the content will be. Consultancy Bazaar reserves the right to decide the content. Consultancy Bazaar is taking all possible measures to have the original content to be published and any data matching elsewhere will non-intentional and purely co-incidence. If any Consultant, Users of Consultancy Bazaar, or individual, the organization brings into notice by writing to contact email id support@consultancybazaar.com, Consultancy Bazaar promises to do full due-diligence and in that case, if any objections raised are found to be genuine, Consultancy Bazaar would sincerely address the concern and if needed would remove the blog which is violating the content any privacy policy. Today, this blog is used for marketing and purpose depending upon the business needs of Consultancy Bazaar and is not used for monetizing purposes. But tomorrow if business needs arise, Consultancy Bazaar may use the blogs for monetizing purposes by asking Consultants to pay for blogging services where Consultants registered with Consultancy Bazaar will get the promotion/advertising services. Articles section includes generic business-related topics concerning Consultancy Bazaar, write-ups on Consultants who are registered with it, related to Consultants, and publishing articles on requests made by Consultancy Bazaar. In other words, Consultancy Bazaar may invite Consultants to provide inputs in the form of write-up and or interview. No Consultants can demand publication of their articles or blogs and it is the sole right of Consultancy Bazaar to decide for which consultant the write-up needs to be done. Consultancy Bazaar reserves the right to decide which professional data needs to be published and which not to. Specifically, interviews of Consultants may include series of questions and answers. The interview-related Content copy write lies with Consultancy Bazaar and we on the content and hold the right to publish the content. The interview taken is published or not published is Consultancy Bazaar's right to decide and is the sole decision authority. The answers given by Consultants are their own views and we do not hold the responsibility for their data. Although, CB would be taking care of any data violation here, and if anything is brought into notice on the above email, Consultancy Bazaar would take appropriate actions to mitigate the risk of privacy violation or sentiments hurt.

CONTACT INFORMATION OF COMPLAINT OFFICER AT CONSULTANCY BAZAAR

If Consultants and End-Users have any questions regarding Consultancy Bazaar, the Website, this Agreement, the Services, or anything related to any of the earlier, Consultancy Bazaar customer support can be reached at the following email address: support@consultancybazaar.com or via the contact information available from the following hyperlink: www.consultancybazaar.com/contactus.
In agreement with the Information Technology Act, 2000, and the rules laid under, if Consultants and End-Users have any grievance with respect to the Website or the service, including any inconsistencies and complaints with respect to processing of information, Consultants and End-Users can contact our Grievance Officer at:

Name: Mr. Prashant Sanwal

Consultancy Bazaar ®

Apaurusheya Ventures Private Limited ®

338-C, Sector-B, Mahanagar,

Lucknow, Uttar Pradesh (UP),

India. Pin: 226006.

Email: support@consultancybazaar.com
In the event Consultants and End-Users suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, they can address their grievance to the above person.

MISCELLANEOUS

At any condition, no provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Consultancy Bazaar. Any consent by Consultancy Bazaar to, or a waiver by Consultancy Bazaar of any breach by Consultants and End-Users, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Consultancy Bazaar may assign this Agreement at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. Notice will be posted on the Website regarding any such change of ownership so that Users can have the opportunity to discontinue your use of the Website or cancel your registration to the Website and the Services under the new ownership. Users shall not assign, transfer or sublicense any of their rights under this Agreement to anyone else without the prior written consent of Consultancy Bazaar.
Nothing in this Agreement shall be deemed to constitute a partnership between the parties hereto, nor, except as may be expressly provided herein, constitute any party as the agent of another party for any purpose, or entitle any party to commit or bind another party in any manner whatsoever.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.