TERMS OF SERVICE

TERMS AND CONDITIONS RELATED TO USAGE OF ATTESTR PORTAL

 

This document states the terms and conditions under which all Users (hereinafter referred to as the “Users”) who use the online platform known as Attestr of Pegadroid IQ Solutions Private Limited, (hereinafter referred to as the “Attestr”) on the website known as http://www.attestr.com (hereinafter referred to as the “Site”), agree to operate.


Eligibility And Registration 

The Attestr Site and its services are not available to persons under the age of 15 or to anyone previously banned by Attestr from accessing the Site. Users must be legally capable of entering into contracts and assuming contractual obligations to use the Site and its services. During registration, User must provide their real name, phone number, email address, and any other required information and data. Users represent and warrant that: (a) They are duly organized and in good standing under the laws of the State (b) They have all requisite right, power and authority to perform their obligations hereunder; and (c) They are currently in compliance with all applicable laws and regulations, and will immediately terminate their use of the Site if at any time they fail to comply with an applicable law or regulation.


Applicable Policies And Guidelines 

Users are required to abide by Attestr’s Procedures for registration and order on the Site (the “Procedures”), which are incorporated by reference into, and made part of, this document. The Procedures dictate required transactions processes and set out acceptable conduct and prohibited practices. Attestr reserves the right to change these procedures and guidelines at any time, and such changes will be effective immediately upon posting the amended Procedures with or without notice to you. It is your responsibility to regularly refer to, understand, and abide by the Procedures.

Attestr may suspend/terminate access to Site to User at any time for non-payments, inaccurate or invalid self information, inaccurate or invalid candidate information or posting any objectionable content, or upon violating the terms of this or any other agreement, without any prior notification, unless this document explicitly directs otherwise.

Attestr is not responsible and makes no representations as to the validity of any information provided by third parties. Attestr does not necessarily agree with any information posted by Users, Candidates and associated. Attestr takes no guarantee of accuracy of the data or report submitted by individual Vendors, however, Attestr collects regular feedback from Users so as to identity third parties who submit poor quality data and/or reports, and take appropriate action.  

The Site may, at time, be unavailable to Users, Candidates or Vendors. Attestr shall not be liable for any harm to Users occurring in connection with such unavailability, including lost sales, delay in hiring, lost revenues. Unavailability may occur, for example, as a result of maintenance, hardware and/or software upgrades, security measures, or other reasons at the discretion of Attestr. The duration of such unavailability may be any length, but may, in many cases, last a few minutes to two hours. Attestr is not required to give any notice of unavailability, but Attestr may, at their discretion, give advance notice of unavailability when they able. Attestr will attempt to schedule any planned downtime during off peak hours between 12:00 AM and 4 AM Indian Time.

User will not post any content that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent.

Any report, opinion, statement of expectation, forecast or recommendation supplied by the third parties as part of the Services is solely relied upon the them and Attestr is not liable for the authenticity of the report.

User may terminate his or her account at any time by informing Attestr using an approved method. Users are however, required to clear any pending dues before such a termination.


Attestr’s Role 

Attestr provides an online software platform for Users (“Users”) to complete transactions for the sale of Services that are not prohibited by the Procedures. Attestr is involved in the actual transaction between third party vendors and Users and plays the role of intermediary for any transactions made on the platform. Attestr collects the data from different third party sources and sends the same to Users in the form of reports. Attestr is free to use those reports for improvising the platform and better Users experience at its discretion from time to time. However, Attestr does not cross-sell any of the vendor reports.


Fee And Payment Terms

Markup

Attestr may charge a markup fee over and above the source fee as charged by third parties, to place order on the Site. This markup fee is calculated as percentage of the order value and differs for each order. The percentage fee also covers any costs associated with third party services such as payment gateway, messaging, mailing etc. Attestr reserves the right to change these fees anytime in the future. However existing orders will not be impacted by any such change.

Institutional Fee 

This is the fee charged by few universities, institutions, corporates and other government and non government agencies for confirming or verifying the data. This fee differs for each candidate profile depending on their work, education history etc. Any such fee is charged over and above the markup and source fee and should be borne by the User. Verification reports or information are made available to the User only after receiving such fee from them.

Online Payment Transactions 

Online payments are administered using a third party application, which may include, but are not limited to Razorpay. Unless otherwise specified in this document, online payments administered through third party applications are subject to any Terms and Conditions, which may include any of the third party application provider’s dispute resolution policies, associated with the corresponding third party application. Attestr will not store Users’ credit card information (or other financial information that Attestr deems sensitive) on the Site when the information is entered into a third party application. A User’s authorized payment (“Payment Transaction”) is directly credited into the Attestr’s Account as per any rules, terms, or conditions of Razorpay.

Invoicing 

Attestr issues invoices to Users after receiving full payment for a particular order. Invoicing will include details of all fee and applicable taxes. The invoices are shared over email in an offline manner. Users are required to submit their correct invoicing details including billing address and GSTIN(if applicable) on the Site after sign up. The invoicing details can be updated through Settings menu, after logging in the portal. Any updates to the invoicing details will only reflect in new orders. Existing orders will not be impacted due to such a change.

Refunds And Cancellations 

Orders once accepted for processing can not be cancelled by the User. Attestr retains the right to cancel orders in cases where it deems appropriate to do so due to service disruptions or other circumstances out of Attestr’s control. No refunds are issued under any circumstances.


Rights Reserved by Attestr

Attestr retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and its services (including the right to redesign, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list at its sole discretion. Users agree to immediately stop and/or cancel orders of their Services when instructed to do so by Attestr. 


Taxes 

User is expressly responsible for determining whether taxes apply to the transactions and to report, and remit the correct taxes to the appropriate tax authority. Attestr will also report and remit any taxes collected from the User. “Taxes” include all taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any Services offered by you on or through the Site.  All the invoices issues by Attestr will be GST compliant.


Privacy

Users are responsible for reading and accepting the terms of Attestr’s Privacy Policy published on The Site, which is subject to change without notice. Users should check the Privacy Policy frequently for changes. Attestr and its representatives may communicate with Users in connection with their services, electronically and in other media, and they should consent to such communications. Some personally identifiable information about User including but not limited to name, email, organization may be shared with associates as deemed necessary to render the services.


Indemnity and Defence 


You agree to defend, indemnify, and hold harmless Attestr and/or its associate entities, their officers, directors, employees, and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site and/or its services or your breach of these Terms and Conditions of Site. For purposes hereof: “Claim” means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.


Limitation of Liability 

Attestr will not be liable for any damages of any kind, including without limitation direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with this document, the Site, the services, the inability to use the services, or those resulted from any services purchased or obtained or messages received or transactions entered into through the services.


Agreement Not to Compete with Attestr

By utilizing the Site and its services, you agree to not compete with Attestr’s business model, which includes, but is not limited to, the Site and the Services, for at least 2 years in or around the territory in which Attestr is operating its business model. Competing with Attestr in violation of the non-competition agreement, such as by creating and implementing a website providing services similar to the Site, shall subject you to an injunction and liability for lost profits, in addition to all other available legal remedies.


Copyright Trademarks And Intellectual Property Rights

Unless otherwise stated, copyright and all intellectual property rights in all material presented on the Application (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this Application are the property of Attestr, its parent, affiliates and associates and are protected under applicable laws. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law. As Attestr asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to Attestr violates your copyright, you are encouraged to notify us. We will respond to all such notices, which may include as required or appropriate removing the infringing material or disabling all links to the infringing material. In case any user infringes the copyrights or other intellectual property rights of Attestr or others, Attestr may, in its discretion, terminate or deny access to and use of the site. In the case of such termination, Attestr will have no obligation to provide a refund of any amounts previously paid to Attestr.


Applicable Law 

Subject to the terms and conditions mentioned above, Users agree that any claim or dispute Users may have against Attestr must be resolved by a court having jurisdiction in Hyderabad, Telangana, India. Users agree to submit to the personal jurisdiction of the courts located within Hyderabad, Telangana, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

Last Updated Dec 04, 2020