TERMS OF USE – HSPM SOLUTIONS

  1. These are these Terms of use (“Terms of Use“) on which you may make use of and participate in (i) the Website and mobile application owned and operated by HSPM Solutions LLP (“brandname”), including the classified advertisements, forums, various email functions and Internet links, and all content and the services available through the domain and sub-domains of hspm located at [www.hspmsolutions.com ] (collectively referred to herein as the “Website/Mobile App“), and (ii) the online transactions between those users of the Website/Mobile App who are offering services (each, a “Service Professional“) and those users of the Website/Mobile App who are obtaining services (each, a “Service User“) through the Website/Mobile App (such services, collectively, the “Services“).
  1. These Terms of Use constitutes a legally-binding agreement between hspm operating from its Delhi Corporate Office and all other branches offices throughout India and you. These Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website/Mobile App, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Website/Mobile App. PLEASE READ THESE TERMS OF USE THOROUGHLY AND CAREFULLY.
  1. You acknowledge that the Website/Mobile App serves as a venue for the online distribution and publication of user submitted information between Service Professionals and Service Users, and, by using, visiting, registering for, and/or otherwise participating in this Website/Mobile App, including the Services presented, promoted, and displayed on the Website/Mobile App, and by clicking on “I have read and agree to these Terms of use,” you hereby certify that: (1) you are either a Service Professional or a prospective Service User, (2) you have the authority to enter into these Terms of Use, (3) you authorize the transfer of payment for Services requested through the use of the Website/Mobile App, and (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website/Mobile App. If you do not agree to any of the provisions set forth in these Terms of Use, kindly discontinue viewing or participating in this Website/Mobile App immediately.
  1. HSPM Solutions reserves the right, in its sole discretion, to change, modify, or otherwise amend these Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, by hspm and HSPM Solutions will post the amended Terms of Use at the domain of [https://www.hspmsolutions.com/terms-and-conditions/]. It is your responsibility to review these Terms of Use for any changes and you are encouraged to check these Terms of Use frequently. Your use of the Website/Mobile App following any amendment of these Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website/Mobile App.
  1. YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE/MOBILE APP, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.
  1. All references to “you” or “your,” as applicable, mean the person that accesses, uses, and/or participates in the Website/Mobile App in any manner. If you use the Website/Mobile App or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of these Terms of Use will be deemed an acceptance by that business and “you” and “your” herein shall refer to that business.
  1. HSPM Solutions hereby grants you a non-exclusive, revocable license to use the Website/Mobile App as set forth in these Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website/Mobile App in any medium without hspm’s prior written consent; (ii) you will not alter or modify any part of the Website/Mobile App other than as may be reasonably necessary to use the Website/Mobile App for its intended purposes; and (iii) you will otherwise act in accordance with these Terms of Use and in accordance with all applicable laws.
  1. Use of the Website/Mobile App is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website/Mobile App and Services offered through this Website/Mobile App do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.
  1. You need not register with HSPM Solutions to simply visit and view the Website/Mobile App, but to access and participate in certain features of the Website/Mobile App, you will need to create a password-protected account (“Account“). To create an account, you must submit your name and email address t mobile number hrough the account registration page on the Website/Mobile App and create a password. You will also have the ability to provide additional optional information, which might be required or might not required to register for an account but may be helpful to hspm in providing you with a more customized experience when using the Website/Mobile App. You have register for an Account using your existing mobile number.You are solely responsible for safeguarding your HSPM Solutions password and, if applicable, your Third-Party Site Password (collectively, “Passwords“) at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify HSPM Solutions immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without HSPM Solutions’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website/Mobile App and/or the Services offered through the Website/Mobile App.
  1. You hereby expressly acknowledge and agree that you yourself and not hspm will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of HSPM Solutions or others due to such unauthorized use. An Account holder is sometimes referred to herein as a “Registered User“. You acknowledge and agree that you shall comply with the following policies relating to the Account (“Account Policies“):
  2. You will not copy or distribute any part of the Website/Mobile App in any medium without HSPM Solutions’s prior written authorization.
  3. You will not alter or modify any part of the Website/Mobile App other than as may be reasonably necessary to use the Website/Mobile App for its intended purpose.
  4. You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this agreement so that it will remain accurate, true, current and complete.
  5. You shall not use any automated system, including but not limited to, “robots,” “spiders,” “offline readers,” “scrapers,” etc., to access the Website/Mobile App for any purpose without HSPM Solutions’s prior written approval.
  6. You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website/Mobile App information or content, including but not limited to, use on a “mirrored”, competitive, or third-party site.
  7. You shall not in any way that transmits more request messages to the HSPM Solutions servers, or any server of a HSPM Solutions’s subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. HSPM Solutions reserves the right to revoke these exceptions either generally or in specific cases.
  8. You shall not recruit, solicit, or contact in any form Service Professionals or Service Users for employment or contracting for a business not affiliated with HSPM Solutions without express written permission from HSPM Solutions.
  9. You shall not take any action that (i) unreasonably encumbers or, in HSPM Solutions’s sole discretion, may unreasonably encumber the Website/Mobile App’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website/Mobile App or any third-party participation in the Website/Mobile App; or (iii) bypasses HSPM Solutions’s measures that are used to prevent or restrict access to the Website/Mobile App.
  10. You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website/Mobile App, nor to use the communication systems provided by the Website/Mobile App for any commercial solicitation purposes.
  11. Your access to, use of, and participation in the Website/Mobile App is subject to these Terms of Use and all applicable HSPM Solutions’s regulations, guidelines and additional policies that HSPM Solutions may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that HSPM Solutions publishes on the Website/Mobile App (“Additional Policies“). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of these Terms of Use or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, HSPM Solutions, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.

 

  1. You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website/Mobile App, including your profile (“Profile“), the posting of your Service (“Offer“), the posting of your desired Service (“Want“), or the posting of any opinions or reviews in connection with the Website/Mobile App, the Service, the Service Professional, or the Service User (“Feedback“) (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings“) that:
  2. misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any Service Professionals; provides or create links to external sites that violate these Terms of Use; is intended to harm or exploit any individual under the age of 18 (“Minor“) in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;
  3. invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
  4. contains falsehoods or misrepresentations that could damage HSPM Solutions or any third party;
  5. is pornographic, harassing, hateful, illegal, obscene, defamatory, libellous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
  6. is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant HSPM Solutions all of the license rights granted herein;
  7. contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right;
  8. is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
  9. intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on Website/Mobile Apps or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a HSPM Solutions employee, agent, manager, host, another user, or any other person though any means;
  10. advertises or solicits a business not related to or appropriate for the Website/Mobile App (as determined by HSPM Solutions in its sole discretion);
  11. contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
  12. contains advertising for ponzi schemes, discount cards, credit counselling, online surveys or online contests;
  13. distributes or contains viruses or any other technologies that may harm HSPM Solutions, or the interests or property of HSPM Solutions users;
  14. contains links to commercial services or website/mobile apps, except as allowed pursuant to these Terms of Use; and
  15. contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of HSPM Solutions.
  16. You will not send messages to other users containing:
  17. offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or
  18. unsolicited advertising or marketing of a service not offered on the Website/Mobile App or an external website/mobile app.
  19. Discriminatory Postings. Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. HSPM Solutions will not knowingly accept any Posting which is in violation of the law. HSPM Solutions has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.

 

  1. While using the Website/Mobile App, you shall not:
  2. post content or items in any inappropriate category or areas on the Website/Mobile App;
  3. violate any laws, third-party rights, Account Policies, or any provision of these Terms of Use, such as the prohibitions described above;
  4. fail to deliver payment for Services purchased by you, unless the Service Professional has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Professional’s identity;
  5. fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User’s identity; manipulate the price of any Service or interfere with other users’ Postings;
  6. circumvent or manipulate our fee structure, the billing process, or fees owed to HSPM Solutions; post false, inaccurate, misleading, defamatory, or libellous content (including personal information about any Website/Mobile App user);
  7. take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information of the Website/Mobile App or using it for purposes unrelated to the Website/Mobile App);
  8. As a participant in the Website/Mobile App, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.
  1. If you violate any of the above-referenced rules in connection with leaving Feedback, HSPM Solutions, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page. You may contact HSPM Solutions regarding any inappropriate use of Feedback via-email at [support@hspmsolutions.com]. In the event of any dispute between users of the Website/Mobile App concerning Feedback, HSPM Solutions shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE/MOBILE APP CONCERNING FEEDBACK, HSPM SOLUTIONS HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.
  1. The foregoing list of prohibitions provide examples and are not complete or exclusive. HSPM Solutions reserves the right to (a) terminate your access to your Account, your ability to post to this Website/Mobile App (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that HSPM Solutions determines is inappropriate or disruptive to the Website/Mobile App or to any other user of the Website/Mobile App and/or Services. HSPM Solutions reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that HSPM Solutions deems appropriate in HSPM Solutions’s sole discretion. HSPM Solutions may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at HSPM Solutions’s discretion, HSPM Solutions will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website/Mobile App or on the Internet. HSPM Solutions does not and cannot review every Posting posted to the Website/Mobile App. These prohibitions do not require HSPM Solutions to monitor, police or remove any Postings or other information submitted by you or any other user.
  1. Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering; (b) misrepresent the location at which they will provide a Service; (c) include brand names or other inappropriate keywords in their Profile, Offer, Want, Feedback, or any other title or description relating to a Service; (d) use misleading titles that do not accurately describe the Service; or (e) include any information in their Profile that is fraudulent.
  1. Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) offer a catalog or a link to a third-party website/mobile app from which Service Users or any Registered User or user of the Website/Mobile App may obtain the Service directly; (b) exceed multiple Posting limits; (c) post a single Service but offer additional identical services in the Service description; (d) charge fees for traveling further than desired to provide the Service; (e) offer the opportunity through HSPM Solutions to purchase the Service or any other service outside of HSPM Solutions; (f) use their Profile page or user name to promote services not offered on or through the Website/Mobile App and/or prohibited services. In case we realize that any professional is involved in any of the above activities, HSPM Solutions holds the sole discretion to blacklist the professional and withhold any outstanding credits or payments to the professional.
  1. Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) solicit Service Users to mail cash or use other payment methods not specifically permitted by HSPM Solutions as approved payment methods; (b) include links that do not conform to HSPM Solutions’s policies with respect to third-party links; (c) use certain types of HTML and JavaScript in Postings, your Profile page, your Offer page, or your Wants page; (d) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings; (e) use profanity in any Posting; (f) acknowledge or credit a third-party service professional for services or products directly connected with your particular Posting (1) with more than 10 words of text at HTML font size greater than 3 and/or a logo of 88X33 pixels (provided that you represent and warrant that you have the necessary rights, licenses, permissions and/or authorizations from the applicable third party to use that third party’s name and/or logo), (2) with any promotional material in connection with that third-party company, and/or (3) with a link to the third-party’s website/mobile app with any information in addition to the Service provided via HSPM Solutions; (g) include third-party endorsements in a Posting; or (h) create a Posting that does not offer a Service.
  1. It is further clarified that your registration on the Website/Mobile App shall be deemed to be your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form.
  1. If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, HSPM Solutions, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Professional’s Account privileges; (c) suspend the Service Professional’s Account; (d) cause the Service Professional to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Professional’s status earned via the Feedback page.
  1. Service Users shall not take any of the following actions:
  • Commit to purchasing or using a Service without paying;
  • Sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service;
  • Agree to purchase a Service when you do not meet the Service Professional’s terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or
  • Misuse any options made available now or in the future by HSPM Solutions in connection with the use or purchase of any Service.
  1. If a Service User violates any of the above-referenced rules in connection with his or her Posting, HSPM Solutions, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User’s Account privileges; (c) suspend the Service User’s Account; and/or (d) decrease the Service User’s status earned via the Feedback page.

 

  1. The Website/Mobile App may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, HSPM Solutions does not guarantee any confidentiality with respect to any Submitted Content. You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Website/Mobile App is provided on a non-proprietary and non-confidential basis. You agree that HSPM Solutions shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services. You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client is not extended to HSPM Solutions. HSPM Solutions may also disclose user information including personal information if HSPM Solutions reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate HSPM Solutions’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce these Terms of Use (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behaviour (including, but not limited to, fraud).

 

  1. You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize HSPM Solutions to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Website/Mobile App and these Terms of Use; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Website/Mobile App and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Website/Mobile App.

 

  1. You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to HSPM Solutions for posting on the Website/Mobile App, you hereby grant, and you represent and warrant that you have the right to grant, to HSPM Solutions a perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Website/Mobile App and HSPM Solutions’s (and its successor’s) business operations, including without limitation, for the promotion and redistribution of any part or all of the Website/Mobile App, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Website/Mobile App a non-exclusive license to access your Submitted Content through the Website/Mobile App, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Website/Mobile App and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete the Submitted Content from the Website/Mobile App. You acknowledge and understand that the technical processing and transmission of the Website/Mobile App, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You may remove your Submitted Content from the Website/Mobile App at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.

 

  1. HSPM Solutions does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and HSPM Solutions expressly disclaims any and all liability in connection with all Submitted Content. HSPM Solutions does not permit copyright infringing activities and infringement of intellectual property rights on the Website/Mobile App, and HSPM Solutions will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the “take down” notification procedure described in para 33 below, that such Posting or Submitted Content infringes on another’s intellectual property rights. HSPM Solutions reserves the right to remove any Data or Submitted Content without prior notice. HSPM Solutions will also terminate a user’s access to the Website/Mobile App, if he or she is determined to be a repeat infringer. A repeat infringer is a Website/Mobile App user who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the Website/Mobile App more than twice. HSPM Solutions also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. HSPM Solutions may remove such Submitted Content and/or terminate a user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.

 

  1. You acknowledge and understand that when using the Website/Mobile App, you will be exposed to Submitted Content from a variety of sources, and that HSPM Solutions is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against HSPM Solutions with respect thereto, and agree to indemnify and hold HSPM Solutions, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website/Mobile App.

 

  1. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website/Mobile App, or transmit to other Website/Mobile App users. You understand and agree that HSPM Solutions may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website/Mobile App users or others.

 

  1. If you send or transmit any communications, comments, questions, suggestions, or related materials to HSPM Solutions, whether by letter, email, telephone, or otherwise (collectively, “Suggestions“), suggesting or recommending changes to the Website/Mobile App, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and HSPM Solutions is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that HSPM Solutions is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.

 

  1. HSPM Solutions has high regard for intellectual property and expects the same level of standard to be employed by its users. HSPM Solutions may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website/Mobile App of users who infringe upon the intellectual property rights of others. If you believe that your work has been copied and posted on the Website/Mobile App in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at [support@hspmsolutions.com]:

 

  1. identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
  2. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website/Mobile App, and information reasonably sufficient to permit HSPM Solutions to locate the material.;
  3. a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
  4. information reasonably sufficient to permit HSPM Solutions to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  5. an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
  6. a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice.”

Only the intellectual property rights owner is permitted to report potentially infringing items through HSPM Solutions’s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

  1. HSPM Solutions reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website/Mobile App (or any part thereof) with or without notice and in its sole discretion. You agree that HSPM Solutions shall not be liable to you or to any third party for any modification, suspension or discontinuance of Services.

 

  1. Termination by HSPM Solutions: You hereby acknowledge and agree that HSPM Solutions, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website/Mobile App or otherwise terminate your access to or participation in the use of the Website/Mobile App (or any part thereof), or remove and discard any Submitted Content on the Website/Mobile App (“Termination of Service“), immediately and without notice, for any reason, including without limitation, Account inactivity or if HSPM Solutions believes or has reason to believe that you have violated any provision of these Terms of Use.

 

  1. Termination by You: You may cancel your use of the Website/Mobile App and/or terminate these Terms of Use with or without cause at any time by following the link in your Account under “Account Preferences” to “Deactivate Account”.

 

  1. Effect of Termination: Upon termination of your Account, your right to participate in the Website/Mobile App, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Website/Mobile App, your adherence to these Terms of Use, the continuous activation of your Account, and your permitted participation in the Website/Mobile App. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the HSPM Solutions system. Unless HSPM Solutions has previously cancelled or terminated your use of the Website/Mobile App (in which case subsequent notice by HSPM Solutions shall not be required), if you provided a valid email address during registration, HSPM Solutions will notify you via email of any such termination or cancellation, which shall be effective immediately upon HSPM Solutions’s delivery of such notice. Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of HSPM Solutions Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that HSPM Solutions shall not be liable to you or any third party for any termination of your access to the Website/Mobile App. Upon Termination of Service, HSPM Solutions retains the right to use any data collected from your use of the Website/Mobile App for internal analysis and archival purposes, and all related licenses you have granted HSPM Solutions hereunder shall remain in effect for the foregoing purpose. In no event is HSPM Solutions obligated to return any Submitted Content to you. Paras from 34 to 54 and 56 to 70 shall survive expiration or termination of the Website/Mobile App or your Account. You agree to indemnify and hold HSPM Solutions, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Service.

 

  1. The content on the Website/Mobile App (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data“) and the trademarks, service marks and logos contained therein (“Marks“), are owned by HSPM Solutions. Other trademarks, names and logos on this Website/Mobile App are the property of their respective owners. Data on the Website/Mobile App is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. HSPM Solutions reserves all rights not expressly granted in and to the Website/Mobile App and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website/Mobile App for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website/Mobile App or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website/Mobile App or the Data therein.

 

  1. The Website/Mobile App contains HSPM Solutions’s Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and HSPM Solutions owns and retains all rights in the HSPM Solutions Data and Marks. Subject to these Terms of Use, HSPM Solutions hereby grants you a limited, revocable, non-transferable, non-sublicensable license to reproduce and display the HSPM Solutions Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Website/Mobile App. The Website/Mobile App may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.

 

  1. Joining HSPM Solutions, opening an Account, posting Services and viewing posted Services is free. HSPM Solutions reserves the right at its sole discretion to charge fees to Service Professionals for other services that HSPM Solutions may provide in the future. HSPM Solutions may also in certain categories require Service Professionals to make payments for following up on job leads i.e. requests posted by Service Users and permitting the Service Professional to contact the Service User (“Lead Fee”) irrespective of whether the job leads eventually result in a transaction or exchange of consideration for the service requested. In order to be eligible to make such Lead Fee payment, Service Professionals shall be required to make advance payments (“Credits”) from which the Lead Fee may be deducted as and when necessary. Whenever the Credits fall below the prescribed threshold, the Service Professional shall be prompted to refill the Credits in order to continue enjoying the ability to follow up on leads and contacting Service Users. The service professional is entitled to refund of credits that is credited back in their wallet in the following conditions:

 

  1. Refunds are processed when customer cancels request;
  2. Refunds are processed if the customer has not viewed quote and not cancelled request 4 days after your response.
  1. In the event, (i) the job lead is identified to be non-genuine, or (ii) the Service User within 48 hours of posting a request on the Website/Mobile App withdraws the same by way of the Website/Mobile App, or (iii) the Service Professional pays the Lead Fee to respond to the Service User’s request for Service, but the Service User does not open or access the Service Professional’s response, the Lead Fee shall be reimbursed to the Service Professional. The decision of HSPM Solutions pertaining to the above shall be final and binding.
  1. HSPM Solutions offers premium services to Service Professionals for a fee and may in the future offer additional services, like tax preparation and bookkeeping that Service Professionals can also choose to purchase. HSPM Solutions reserves the right to charge fees for these services at its sole discretion.
  1. Joining HSPM Solutions, opening an Account, viewing posted Services, and bidding on posted Services is free. HSPM Solutions currently does not charge Service Users for transactions completed on the Website/Mobile App between Service Users and Services Professionals. However, HSPM Solutions reserves the right to charge a fee to Service Users in the future on a per-transaction basis or in any other manner, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after HSPM Solutions has provided you with thirty (30) days’ notice by posting the changes on the Website/Mobile App. If applicable, you agree to pay all fees or charges to your Account based on HSPM Solutions’s fees, charges, and billing terms then in effect. If you do not pay on time or if HSPM Solutions cannot charge your credit card, any payment gateway or other payment method for any reason, HSPM Solutions reserves the right to either suspend or terminate your access to the Website/Mobile App and Account and terminate these Terms of Use. You are expressly agreeing that HSPM Solutions is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Website/Mobile App and the fees will be billed to your credit card, a payment gateway or other payment method designated at the time you make a purchase or register for a fee-based service. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that HSPM Solutions may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. HSPM Solutions reserves its right to initiate appropriate legal proceedings, if necessary, in its sole discretion, to recover such outstanding amounts.
  1. You understand that we are acting solely as an intermediary for the collection of fees between a Service User and a Service Professional who choose to enter into an agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that HSPM Solutions shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Professional.
  1. All commissions payable to HSPM Solutions by Service Professionals on consummated transactions, i.e. exchange of services for consideration, are final and non-refundable. All monies paid by Service Professionals in form of “Credits” are non-interest bearing and shall be refunded to the Service Professionals if they remain un-utilised for a period greater than 364 days only. Such amounts shall not be refunded prior to that.
  1. As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the agreement for Service, HSPM Solutions provides a general framework for negotiating these Terms of Service (e.g., rate) (“Negotiation Worksheet“). Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Negotiation Worksheet.
  1. You should not rely on the any information or resources contained on the Website/Mobile App, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any professional, financial, legal or other advice or counsel. HSPM Solutions makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Website/Mobile Apps, including, without limitation, the Negotiation Worksheet. In no way will HSPM Solutions be responsible for any actions taken or not taken based on the information or resources provided on this Website/Mobile App. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Website/Mobile App, however provided.
  1. Each Registered User hereby acknowledges and agrees that HSPM Solutions is NOT a party to any oral or written agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website/Mobile App. Each Registered User acknowledges, agrees and understands that HSPM Solutions only seeks to provide a platform wherein the Service User and Service Professional can be brought together and HSPM Solutions itself has not role in the execution or provision of Services.
  1. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use or your use of any part of the Website/Mobile App, including without limitation, the Negotiation Worksheet or agreement for Service. You do not have any authority whatsoever to bind HSPM Solutions in any respect. All Service Professionals are independent contractors. Neither HSPM Solutions nor any users of the Website/Mobile App may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
  1. Subject to the provisions regarding disputes between Website/Mobile App participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Website/Mobile App, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Service Professionals and Service Users.
  1. You understand that deciding whether to use the Services of a Service Professional or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that HSPM Solutions does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website/Mobile App and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While HSPM Solutions may attempt to seek information about the background of a Service Professional, either via a telephonic or in-person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, personalised Website/Mobile App, LinkedIn, Twitter etc., you understand that Service Professionals may register themselves suo moto. You also understand that any so called background check undertaken by HSPM Solutions is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the Service User should take an informed decision on his/her own accord and keep in mind the fact that HSPM Solutions only seeks to provide a platform wherein Service Users and Service Professionals have an opportunity to meet each other.
  1. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SINCE HSPM SOLUTIONS only seeks to provide a platform wherein the Service User and Service Professional can be brought together and HSPM Solutions itself has not role in the execution or provision of Services ITSELF, HSPM SOLUTIONS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE WEBSITE/MOBILE APP, OR BETWEEN REGISTERED USERS OR ANY WEBSITE/MOBILE APP USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT HSPM SOLUTIONS IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE WEBSITE/MOBILE APP USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE HSPM SOLUTIONS, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE/MOBILE APP OR ANY SERVICE PROVIDED THEREUNDER.
  1. If a dispute arises between you and HSPM Solutions, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and HSPM Solutions hereby agree that we will resolve any claim or controversy at law and equity that arises out of these Terms of Use or the Website/Mobile App in accordance with this Para 53 or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at [support@hspmsolutions.com]. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
  1. These Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of these Terms of Use will occur exclusively in the courts located in New Delhi, India.
  1. Aspects of the Website/Mobile App and other HSPM Solutions services may be supported by advertising revenue. As such, HSPM Solutions may display advertisements and promotions on the service. The manner, mode and extent of advertising by HSPM Solutions on the Website/Mobile App are subject to change and the appearance of advertisements on the Website/Mobile App does not necessarily imply endorsement by HSPM Solutions of any advertised products or services. You agree that HSPM Solutions shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website/Mobile App.
  1. The Website/Mobile App may provide, or third parties may provide, links, contact forms and/or phone numbers to other Website/Mobile Apps or resources, including, without limitation, social networking, blogging and similar Website/Mobile Apps through which you are able to log into the Website/Mobile App using your existing account and log-in credentials for such third-party Website/Mobile Apps. Certain areas of the Website/Mobile App may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Website/Mobile App to be shared with your contacts in your third-party site account. Because HSPM Solutions has no control over such sites and resources, you acknowledge and agree that HSPM Solutions is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such Website/Mobile Apps or resources. Unless expressly stated on the Website/Mobile App, links to third-party sites should in no way be considered as or interpreted to be HSPM Solutions’s endorsement of such third-party sites or any product or service offered through them. You further acknowledge and agree that HSPM Solutions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such Website/Mobile App or resource. The Third-party website/mobile app may have different privacy policies and terms and conditions and business practices than HSPM Solutions. In certain situations, you may be transferred to a Third-party website/mobile app through a link or connected to a Third-party resource by a contact form or phone but it may appear that you are still on this Website/Mobile App or transacting with HSPM Solutions. In these situations, you acknowledge and agree that the Third-party website/mobile app terms and conditions and privacy policy apply in this situation. Your dealings and communications through the Website/Mobile App with any party other than HSPM Solutions are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.
  1. YOU AGREE THAT YOUR USE OF THE WEBSITE/MOBILE APP SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND HSPM SOLUTIONS AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE/MOBILE APP, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE/MOBILE APP, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE/MOBILE APP, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE/MOBILE APP, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE/MOBILE APP, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE/MOBILE APP IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHEREIS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. HSPM SOLUTIONS DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE/MOBILE APP OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE/MOBILE APP BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE/MOBILE APP, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE/MOBILE APP OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE/MOBILE APP. HSPM SOLUTIONS DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE/MOBILE APP OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. HSPM SOLUTIONS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
  1. IN NO EVENT SHALL HSPM SOLUTIONS, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE WEBSITE/MOBILE APP OR ANY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS VIA THE WEBSITE/MOBILE APP, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE/MOBILE APP, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE WEBSITE/MOBILE APP IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE/MOBILE APP OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE/MOBILE APP BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE/MOBILE APP; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE/MOBILE APP OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE WEBSITE/MOBILE APP; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROFESSIONAL; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE/MOBILE APP OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE/MOBILE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HSPM SOLUTIONS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  1. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF HSPM SOLUTIONS, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE WEBSITE/MOBILE APP, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO HSPM SOLUTIONS BY YOU HEREUNDER.
  1. YOU HEREBY ACKNOWLEDGE AND AGREE THAT HSPM SOLUTIONS SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT HSPM SOLUTIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN WEBSITE/MOBILE APP USERS ENTERED INTO INDEPENDENTLY OF THE WEBSITE/MOBILE APP.
  1. THE WEBSITE/MOBILE APP MAY CONTAIN LINKS TO THIRD-PARTY WEBSITE/MOBILE APPS THAT ARE NOT OWNED OR CONTROLLED BY HSPM SOLUTIONS. HSPM SOLUTIONS DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITE/MOBILE APPS. IN ADDITION, HSPM SOLUTIONS WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE WEBSITE/MOBILE APP, YOU EXPRESSLY RELIEVE HSPM SOLUTIONS FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRDPARTY WEBSITE/MOBILE APP. ACCORDINGLY, PLEASE BE ADVISED TO READ THESE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE/MOBILE APP THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE WEBSITE/MOBILE APP.
  1. Neither HSPM Solutions nor you shall be liable to the other for any delay or failure in performance under these Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
  1. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HSPM SOLUTIONS, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE WEBSITE/MOBILE APP; YOUR VIOLATION OF ANY PROVISION OF THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE/MOBILE APP.
  1. IF YOU HAVE A DISPUTE WITH ONE OR MORE WEBSITE/MOBILE APP USERS, YOU FOREVER RELEASE HSPM SOLUTIONS (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE/MOBILE APP AND/OR ANY SUBMITTED CONTENT.
  1. THESE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY HSPM SOLUTIONS WITHOUT RESTRICTION.
  1. You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.
  1. You agree that HSPM Solutions may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Website/Mobile App.
  1. These Terms of Use, together with any other legal notices or Additional Policies published by HSPM Solutions on the Website/Mobile App, shall constitute the entire agreement between you and HSPM Solutions concerning the Website/Mobile App. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
  1. No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and HSPM Solutions’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
  1. Access to the Website/Mobile App and use of the content offered on the Website/Mobile App is subject to this privacy policy. By accessing the Website/Mobile App and by continuing to use the content offered, you are deemed to have accepted this privacy policy, and in particular, you are deemed to have consented to HSPM Solutions’s use and disclosure of your personal information in the manner prescribed in this privacy policy. HSPM Solutions reserves the right to amend this privacy policy from time to time. If you disagree with any part of this privacy policy, you must immediately discontinue your access to the Website/Mobile App. As part of the normal operation of Website/Mobile App, HSPM Solutions collect, use and, in some cases, disclose information about you to third parties. Accordingly, HSPM Solutions has developed this privacy policy in order for you to understand how HSPM Solutions collect, use, communicate and disclose and make use of your personal information when you use the Website/Mobile App:
  • Before or at the time of collecting personal information, HSPM Solutions will identify the purposes for which information is being collected.
  • HSPM Solutions will collect and use personal information solely with the objective of fulfilling those purposes specified by it and for other compatible purposes, unless HSPM Solutions obtain the consent of the individual concerned or as required by law.
  • HSPM Solutions will only retain personal information as long as necessary for the fulfilment of those purposes.
  • HSPM Solutions will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal information should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • HSPM Solutions will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • HSPM Solutions is committed to conducting business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.