Terms And Conditions

PRINCIPAL AGREEMENT

TERMS AND CONDTITIONS:

  1. As per the provisions of the Information Technology Act, 2000 and Rules and Regulation made thereunder this is document is an electronic record and it does not require any physical or digital signatures. According to Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 which mandates of publishing the Terms for access or usage of Globalgig Resources Private Limited service via Future Maker Portal. Needless to say, that this document meets the stipulations and conditions mentioned in The Indian Evidence Act, 1872.
  2. For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person which includes firms or companies or any legal entity as defined by any particular law prevalent at that particular time, who has agreed to take services from the Website by providing Registration Data while registering on the Website as Registered User using the computer systems or any kind of electronic device. The term "We", "Us", "Our" shall mean Globalgig Resources Private Limited. The term Freelancer includes freelance which means earning money by selling your services or work to different organizations rather than being employed by a single company and will be referred as freelancer.
  3. This is an agreement between Globalgig Resources Private Limited, a company incorporated under the Companies Act 1956 with its registered office at ______________, who is also the owner and operator of www.eiliana.com, "Eiliana Mobile App", including collectively, including all content provided by Eiliana.com through Eiliana.com Application and the Eiliana.com Site which is www.Eiliana.com., and henceforth referred as Eiliana.com and you ("you" or "You"), a user of the Service. Using the service, YOU agree to abide with these Terms of Service, terms of use for search and services, and other allied agreements which specifically mentions or are related to Globalgig Resources Private Limited. It is specifically stated here that all the conditions of this terms of use or any agreement will be automatically applicable to the users even though they may or may not be part of the agreement. If you choose to not agree with any of these terms, you may not use the Service.

Accessing, browsing and using the site and its services

  1. By accessing, browsing or otherwise using the site implies that YOU also accept and agree to be bound by Eiliana.com policies currently existing and amended in future which can be without any notice or information to anybody or anyone.
  2. Only legal persons as mentioned in the Indian Law will be eligible for accessing, browsing or otherwise use of website.

Eiliana.com Service conditions:

  1. The Terms of Service conditions apply to all users either online or offline of the eiliana.com. Information provided by our users through the eiliana.com may contain links to third party which includes websites or persons or firms or companies or any legal entity as defined by any particular law prevalent at that particular time, that are not owned or controlled by eiliana.com. It has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. eiliana.com does not assume any liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of third party content on the Site. In addition, eiliana.com will not and cannot censor or edit the content of any third-party site. On using the Service, YOU expressly acknowledge and agree that Eiliana.com shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect eiliana.com’s belief.

Access:

  1.  eiliana.com grants YOU permission to use its Services subject to following conditions:

     i.  your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other  manner inconsistent with these Terms of Service;

     ii.  you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without eiliana.com 's prior written authorization;

     iii.  you will not attempt to reverse engineer, alter or modify any part of the Service;

     iv.  you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy. The Application is currently made available to you free of charge for  your personal, commercial and non-commercial use. eiliana.com reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these eiliana.com terms, at any time and for any reason.

  1. To freely access the various services provided by eiliana.com YOU acknowledge that YOU will share your mobile phone number and email id which shall be used strictly for registration purpose. It is YOUR responsibility to provide accurate and complete information of your mobile number and email id.
  2. YOU have the responsibility to inform eiliana.com in case of any breach of security or unauthorised use of information failing which only YOU will be responsible.
  3. It is specifically clarified here thateiliana.com is not liable for any loss or damage caused by any unauthorized use of your account, however YOU will be liable for any losses or damage caused to eiliana.com in case of any breach of security and unauthorized use of information, provided you are found, during internal assessment by eiliana.com, to be either directly or indirectly resultant of such damage caused to the Eiliana.com.
  4. By accessing and using the services ofeiliana.com YOU agree not to use or upload, post or submit any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Application or of any computer software, hardware, or telecommunications equipment.
  5. YOU also agree to not decipher, decompile, disassemble, use sniffers (except Ethereal, tcpdump or HTTPWatch in general) or reverse engineer any of the software comprising or in any way making up part of the Application. We have to disallow use of request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the application.
  6. Our permission is necessary before YOU measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. YOU agree and affirm not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes.
  7. YOU agree and affirm not to spam, or solicit for commercial purposes, any users of the Service or to create any data backup of the content that is available to you by use of the eiliana.com Site or eiliana.com Mobile App. or use of eiliana.com which are available through any other mediums.

Availability:-

  1. eiliana.com will use all the efforts that the services rendered by it is available at all the time however it will not be responsible in case the services are not available to the reasons beyond its control. It is further clarified here that the eiliana.com cannot be held responsible in any manner incase the services offered by it is unavailable for any particular period.

System Requirements:

  1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').
  2. The Software Requirements for downloading theeiliana.com Mobile App would vary as per the mobile platform. The eiliana.com Mobile App would be available in English Language as of now.
  3. The version of the Application software may be upgraded from time to time to add support for new functions and services. This upgradation can be done anytime without any notice or information to any person including You or any other user.

Any Corrections, Errors or Right to Modify or Discontinue Service and Sites:

  1. It is not always expected fromeiliana.com in any way to represent or warrant that the eiliana.com Site or eiliana.com Mobile App will be error-free, free of viruses or other harmful components, or that defects will be corrected. It is further not expected from eiliana.com that the information available on or through the eiliana.com site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the eiliana.com site at any time without any notice or information. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the eiliana.com site.
  2. eiliana.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services and/or Sites (or any part thereof) with or without notice and further eiliana.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any Sites.

Intellectual Property Rights:

  1. eiliana.com company names, logos, names, design marks, slogans, trademarks, service marks, copyright, database rights and all related services and products together with the underlying software code in the App ("Intellectual Property") is owned by and used under license by eiliana.com or its subsidiaries or affiliate companies. All the copies that you make must contain copyright, trademark or other proprietary prevalent according to the laws made in India. YOU are barred to use eiliana.com Intellectual Property in any activity without the authorisation of the same from the eiliana.com.
  2. It is clarified here that, by accepting the terms and conditions mentioned therein, you hereby waive your all rights and simultaneously grant the same toeiliana.com. All rights including intellectual property rights and also "moral rights" in the Reviews, Ratings and Comments posted by you at eiliana.com are property of eiliana.com and are subject to change, removal, edition etc at anytime without any notice or information to any person including YOU or any other user.

Warranty/Liability:

  1. eiliana.comnever owns or provides any kind of warranty or will be liable on/against any kind of activity, services provided and any other associated activity and service which are either on the platform of eiliana.com or outside the platform of eiliana.com, unless and until separately and exclusively provided by eiliana.com. It is further not liable for any action or inaction done by it or any third party with any of the services provided by it either on the platform or outside the platform.

Mergers:

  1. You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties' intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement between you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use

Freelancers Services:-

  1. In some cases, if required, a subsequent agreement will be executed betweeneiliana.com, YOU and Freelancer and all the conditions mentioned in this Principal Agreement will be part and parcel of that subsequent agreement.
  2. Freelancers while registering with the present website ofeiliana.com will be bound with all the terms and conditions of this Principal Agreement and in that case Freelancer will be treated as YOU.
  3. WE reserve the right not to disclose to YOU about the information about the Freelancer unless and until it is made mandatory by law.
  4. All the communication including product/service requirement and payments shall be done by YOU witheiliana.com and YOU shall not insist eiliana.com to disclose the identity of Freelancer.
  5. All the Freelancers will also be bound with the terms and condition of this Principal Agreement and any interpretation of YOU will be treated as Freelancer in case of any dispute.
  6. It shall be duty of the Freelancer to ensure compliance of all Indian Laws specifically laws related to Intellectual Property Rights, Copyrights, Patent, etc.
  7. In case of any violation of any law Freelance will be sorely responsible for such information andeiliana.com will not be liable in anyway or in anycase.
  8. Freelancer is directed to provide services to his best capacity to US which include time bound competition of work.
  9. Freelancer will only be paid after the product/service is approved or delivered to YOU or the same can be modified in case there is an existence of subsequent agreements.
  10. eiliana.comis indemnified from any liability incurred either by YOU or Freelancer.
  11. Payments when and how is to be made either by YOU toeiliana.com or by eiliana.com to Freelancer can be dictated through subsequent agreement or through any other official communication like email, whatapp, telegram, speed post, courier services etc which will be always treated as part and parcel of this Principal Agreement.
  12. This Principal Agreement and other subsequent agreements or communications are enforceable by law and will always be treated as a part and parcel of this Principal Agreement and the conditions mentioned therein.
  13. Any payments or commission or salary or including any other charge will be separately entered into byeiliana.com with YOU through a subsequent agreement which shall be considered as a part of this agreement.
  14. Freelancer may require that both parties fill in and complete their profiles and/or pass identity checks before payments are released.
  15. Freelancer may require that the details for any Project for which the commission reduction applies are appropriately complete.
  16. This promotion may be withdrawn for a specific user, if significant reversals, fraud or chargebacks are observed, if Freelancer believes that there is a risk of funds being subject to reversal or chargeback, in cases of disputes between Referee and the Referrer, or for any other reason.
  17. YOU are bound to release No Objection Certificate (NOC) after the competition of work, services, activity etc which is provided byeiliana.com.
  18. It is specifically stated here that no refunds will be paid byeiliana.com to YOU after the NOC is given by YOU to eiliana.com.

Law of the Land:-

  1. This entire agreement, its terms and any other subsequent/separate agreements, unless and until specifically excluded, will always be governed or will besub-judice to Indian Law prevalent when the agreement is signed or acceded to and in case of any conflict the Indian Law will always be applicable.
  2. eiliana.comhas the absolute right over any kind of investigation being done over complaints or violation or breach of any terms and conditions of this agreement or subsequent agreement and the same will be conducted by following the settled principles of natural justice.
  3. Any agreement made subsequent (including all types of agreement) to this Agreement has be read along with the terms and condition of this agreement and in case of any conflict this principal agreement will always supersede to any subsequent agreement.
  4. eiliana.comcan take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. eiliana.com reserves the right to seek all remedies available at law and in equity for violations of these Terms

Jurisdiction:-

  1. The Local Courts of either Gautambudh Nagar or Prayagraj, Uttar Pradesh will have the exclusive jurisdictions, irrespective of it being territorial, pecuniary, original, appellate, concurrent etc, in relating to any kind of dispute or liability and by agreeing the agreement YOU have forgone your right to raise the dispute in any other court except the courts of Gautambudh Nagar & Prayagraj.

Arbitration:-

  1. Any disputes, differences and any other matters in relation to and arising out of the Contest and, or, pertaining to the Terms and Conditions shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall consist of a sole arbitrator to be appointed by theeiliana.com and the venue of the arbitration shall be at Prayagraj or Gautambudh Nagar, Uttar Pradesh. All disputes shall be subject to the exclusive jurisdiction of the courts at either at Prayagraj or Gautambudh Nagar, Uttar Pradesh only.

Indemnity:-

  1. YOU agree to indemnifyeiliana.com officers, Directors, employees, agents etc from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses arising from any action done by YOU or Freelancer or third party etc.

 

Force Majeure:-

  1. Force Majeure' means any event or circumstance or combination of events and circumstances including those stated below that wholly or partly prevents or unavoidably delays an Affected Party in the performance of its obligations under this Principal Agreement, but only if and to the extent that such events or circumstances are not within the reasonable control, directly or indirectly, of the Affected Party and could not have been avoided if the Affected Party had taken reasonable care or complied with Prudent Utility Practices:
  2. Natural Force Majeure Events means and includes act of God, including, but not limited to lightning, drought, fire and explosion (to the extent originating from a source external to the Site), earthquake, volcanic eruption, landslide, food, cyclone, typhoon, tornado, or exceptionally adverse weather conditions which are in excess of the statistical measures for the last hundred (100) years,
  3. Non-Natural Force Majeure Events means and includes
  4. Direct Non-Natural Force Majeure Events Nationalization or compulsory acquisition by any Indian Government Instrumentality or any material assets or rights of the Seller or the Seller’s contractors; or The unlawful, unreasonable or discriminatory revocation of, or refusal to renew, any Consent required by any party to perform their obligations under the Principal Agreement or any unlawful, unreasonable or discriminatory refusal to grant any other consent required for the development/ operation of the activity/services, provided that an appropriate court of law declares the revocation or refusal to be unlawful, unreasonable and discriminatory and strikes the same down; or Any other unlawful, unreasonable or discriminatory action on the part of an Indian Government Instrumentality which is directed against the activity/service, provided that an appropriate court of law declares the revocation or refusal to be unlawful, unreasonable and discriminatory and strikes the same down.
  5. Indirect Non – Natural Force Majeure Events Any act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or military action; or Radioactive contamination or ionising radiation originating from a source in India or resulting from another Indirect Non Natural Force Majeure Event excluding circumstances where the source or cause of contamination or radiation is brought or has been brought into or near the site by the affected party or those employed or engaged by the affected party; or Industry wide strikes and labour disturbances having a nationwide impact in India.
  6. It is specifically stated that in case of conditions mentioned in clause 50eiliana.com will be exonerated from any kind of penalties or liabilities during the occurrence of force majeure. Such agreement is inclusive of any activity/service provided by eiliana.com.

Interpretation:-

  1. Any interpretation of any of the clauses of this Principal Agreement or any subsequent agreement will always be constructed in favour ofeiliana.com.
  2. Notwithstanding any clause of this Principal Agreementeiliana.com will not be responsible for any action done in any way by anyone including YOU, Freelancer, third party etc.

Miscellaneous: -

  1. YOU are hereby specifically prohibited from using theeiliana.com in any way which may harm its reputation or can cause financial loss to eiliana.com and eiliana.com reserves the right to pursue legal remedies in accordance with law.
  2. Posting or tagging of Adult content by any means will invite legal action on behalf of eiliana.com.
  3. Any comments, rating or reviews given to YOU from any sources will not in any way bring responsibility at the doors ofeiliana.com and therefore it reserve the right either to block, remove or not to remove such comments, rating or reviews. However, eiliana.com may delegate the power to remove such comments, rating or reviews to YOU only in particular circumstances with a separate intimation through our official communication.
  4. Globalgig Resources Private Limited reserves the right to discontinue any aspect of theeiliana.com at any time.
  5. eiliana.comhave no liability with regard to review of anything or product or any services provided by it and it cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable review will not appear on our Service. eiliana.com reserve the right to alter, edit or remove any kind or written comments or submissions or any typed or printable form either on soft copy or hard, in whole or in part, at our sole discretion.
  6. YOU are forbit to use, copy, reproduce, distribute, publish, display or perform, create derivative works of, transmit, sell, or in any way exploit any of the reviews posted by others except as wheneiliana.com gives explicit permission to do so.
  7. Those persons who are above 18 years only will be liable to any of the services/activity provide on the platform either online or offline andeiliana.com will not be liable for any action done by YOU in case of misrepresentation. By using this service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and can abide by all of the terms and conditions set forth therein.