Terms & Conditions
Effective Date 13-08-2018
Agreement to Terms
Changes to Terms. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You further waive any right you may have to receive specific notice of such changes.
Consent. You affirm that you are at least 18 years of age and are fully able and competent to enter into, and comply with, these Terms. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that situation, "you" and "your" will refer to both you and that entity.
Services We Provide. Timeshell connects consumers and service providers of all types (individually, a "Vendor," collectively, "Vendors"). We act as a mediator in identifying suitable Vendor/Vendors to fulfill your need.
No Endorsement and Estimates. Timeshell does not sponsor, endorse, recommend or approve of any vendor who offers products or services through the Services. While we try to confirm that vendors meet certain requirements, we cannot and do not represent or warrant that any vendor is licensed, qualified, bonded, insured or capable of performing any service. Reference to any products, services or other information by trademark, manufacturer, and supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by us. All non-Timeshell trademarks, product names and logos appearing on our Services are property of their respective owners. Any estimate provided in connection with the Services is only a guide, it is not a guarantee of the actual cost of your specific project. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Timeshell shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you agree that Timeshell is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Timeshell, Its affiliates, and their respective officers, directors, employees, agents, advertisers, shareholders, licensors, licensees and suppliers from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You acknowledge and agree that this waiver is an essential and material term of this agreement, and that without such waiver, this agreement would not have been entered into by Timeshell.
Third Party Materials. The Services may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, "Third Party Materials"). These Third Party Materials are not owned or controlled by Timeshell. These Third Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by Timeshell.
Permissible Use and Timeshell Intellectual Property
Grant of Limited License. Subject to these Terms, we hereby grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for your personal, non-commercial and informational use only.
Timeshell Services are Protected. The Services, including all material and information, and the selection, arrangement and composition of such information ("Materials") are proprietary property of Timeshell, its suppliers, and licensors and are protected by India and international intellectual property laws, including trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Services. Except for the limited license explicitly granted to you under these Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble the Services (except to the extent specifically permitted by applicable law).
No Automated Queries. You may not use automated web queries (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity in connection with the Services); provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent.
No Improper Uses. You may not frame any part of our Services. You may not use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services. You may not harvest information about users of the Services or vendors for any purpose. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or that harms Timeshell, its service providers, suppliers or any other person.
Accurate Information. You agree to provide us with accurate, complete and up to date information and you agree to update such information to keep it accurate, complete and up to date. You agree you won't disclose your password to anyone and you'll notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur in your account, whether or not you know about them. Collected Data Definition You agree and acknowledge that Timeshell and Vendors may collect text, photos, videos, measurements, comments, reviews, feedback, notes, ideas, know-how, techniques, data or information of any nature whatsoever (individually and collectively, "Information") before, during, and after the provision of Services, or otherwise in connection with the Services, relating to you, your household, your real or personal property or otherwise (individually and collectively, "Collected Information").
You Are Responsible for User Submissions. The Services may permit you and other users to submit Information (individually and collectively, "User Submissions"). You shall be solely responsible for your own User Submissions and the consequences of submitting them.
License to User Submissions. With respect to both User Submissions and Collected Information, you grant Timeshell a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, publicly perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions and Collected Information in all media. We will not pay you or otherwise compensate you for User Submissions or Collected Information.
Do Not Post Illegal or Harmful Content. You agree that you are the exclusive owner of all rights in the User Submissions and such rights have not been assigned or encumbered. You agree not to post, submit or link to any User Submissions or material that infringes, misappropriates or violates the rights of any third party (including intellectual property rights), or that is in violation of any federal, state or local law, rule or regulation. Additionally, you agree not to post, submit or link to any User Submissions or material that is deceptive, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable as determined by Timeshell.
Do Not Post Improper Content. You agree not to post, submit or link to any User Submissions or material that (i) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services; (ii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (iii) facilitates gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize.
Reviews of Vendors. You may only post a review of a Vendor if you have first-hand knowledge of the services provided by such Vendor. You may not post or submit a review of a Vendor if you are (i) an employee, contractor, partner or otherwise affiliated with, such Vendor, (ii) an employee, contractor, partner or otherwise affiliated with, a competitor of such Vendor, or (iii) related to such Vendor, including by blood, adoption or marriage.
Review of User Submissions. We do not approve, control or endorse your or anyone else's User Submissions and have no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify User Submissions for any reason, at our sole discretion.
Accounts and Charges
Provided Services. Products and services provided by Vendors are made available to you pursuant to both (i) a communications platform that enables connections between you and Vendors and (ii) a payments platform that provides a medium of exchange of money between you and Vendors to facilitate the provision of goods and services ("Vendor Services"). Other Services when clearly and explicitly designated may be provided and billed for by Timeshell ("Timeshell Services"). The Vendor Services and the Timeshell Services are referred to collectively as the "Provided Services."
Account. In order to use the Provided Services, you must register and maintain an account with us ("Account"). Account registration requires that you provide us with specified personal information, which may include, without limitation, your name, address, mobile phone number. You must keep your Account information complete, accurate and current at all times. You agree to maintain the security of your Account information and that you are responsible for all activity in connection with your Account. By creating an Account, you agree that communication may be made with you via telephone, email, text message or other electronic or non-electronic means as part of the normal business operation of the Provided Services.
Charges. You agree that use of the Vendor Services will result in charges to you for the products or services provided by Vendors ("Vendor Charges") and that use of the Timeshell Services will result in charges to you for the products or services provided by Timeshell ("Timeshell Charges") (Timeshell Charges and Vendor Charges, collectively, "Charges"). You will be informed of Charges before products or services are provided by Timeshell or Vendors, as applicable (including cancellation fees and terms, if any). You should confirm Charges each time you request products or services. Applicable sales tax will be added to all Charges where required by law.
Payment. Payments for Charges are immediately due upon provision of the applicable products or services and Timeshell will facilitate payment in accordance with the payment method specified in your Account. Payments are final and non-refundable. Timeshell may, in its discretion, facilitate your payment of Vendor Charges on behalf of a Vendor as such vendor’s limited payment collection agent. Payment of the vendor Charges in such manner shall be considered the same as payment made directly by you to the Vendor. You acknowledge and agree that your purchases of services and products from a Vendor are transactions between you and that Vendor, and not with Timeshell.
Claims of Copyright Infringement
If you believe that your work has been reproduced in connection with the Services in a manner that constitutes copyright infringement, you may submit a notification by providing our Copyright Agent with the following information in writing: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.
Notification should be submitted to firstname.lastname@example.org
YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO AND DO HEREBY RELEASE TIMESHELL, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVERTISERS, SHAREHOLDERS, LICENSORS, LICENSEES AND SUPPLIERS (COLLECTIVELY, THE "TIMESHELL PARTIES") FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, YOUR USE OF, OR TRANSACTIONS WITH, TIMESHELL, VENDORS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TIMESHELL PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE SERVICES AND YOUR USE OF OR TRANSACTIONS WITH TIMESHELL, VENDORS OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON- INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE.
Limitation of Liability
IN NO EVENT SHALL THE TIMESHELL PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, TIMESHELL, VENDORS OR OTHER THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TIMESHELL 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.
IN NO EVENT WILL THE COLLECTIVE LIABLITY OF THE TIMESHELL PARTIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, AND YOUR USE OF, OR TRANSACTIONS WITH, TIMESHELL, VENDORS OR OTHER THIRD PARTIES EXCEED THE AMOUNT YOU HAVE PAID TO TIMESHELL FOR USE OF THE APPLICABLE SERVICES IN THE PRECEDING TWELVE MONTH PERIOD OR INR 100 (Indian Rupees One Hundred Only), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Timeshell, AS APPLICABLE.
Any claims relating to use of the Services must be brought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE TIMESHELL PARTIES FROM AND AGAINST ANY CLAIMS, DISPUTES, LOSSES, OBLIGATIONS, DEMANDS, LIABILITIES, EXPENSES, DAMAGES, COSTS, AND ATTORNEY'S FEES DUE TO OR ARISING OUT OF (1) YOUR ACCESS TO OR USE OF THE SERVICES, (2) YOUR USE OF, OR TRANSACTIONS WITH, TIMESHELL, VENDORS OR OTHER THIRD PARTIES, OR (3) YOUR VIOLATION OF ANY OF THESE TERMS. TIMESHELL RESERVES THE RIGHT, AT ITS OWN COST AND SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH TIMESHELL IN ASSERTING ANY AVAILABLE DEFENSES.
Export Control. Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the India or the country in which you reside.
Dispute Resolution. Unless you have entered into an additional agreement with TIMESHELL that provides for an alternative dispute resolution mechanism, you agree that any dispute arising between you and TIMESHELL which cannot be resolved amicably, shall be conclusively resolved by a sole arbitrator. The Arbitration shall be conducted as per the Arbitration rules laid down under the Arbitration and Conciliation Act, 1996, and any modification/amendment effected thereafter from time to time. The arbitration shall be conducted in the English language and the award passed by the Arbitrator shall be final and binding on both parties. The cost of arbitration shall be borne by you, unless awarded otherwise.
Entire Agreement and Severability. These Terms constitute the entire agreement between you and Timeshell concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Timeshell with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.
Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Timeshell’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Modification of Services. We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.
Termination. We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Services, in whole or in part, and to block or prevent future access to and use of the Services. Third Party Beneficiaries. These Terms do not create any right of action on the part of any third party, except for the Timeshell Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights.
Attorney Fees. If the Timeshell Parties take legal action against you as a result of your violation of these Terms, the Timeshell Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to the Timeshell Parties. Contact Us. If you have questions, please contact us by email at email@example.com