End User License Agreement
By accessing/using the Varselor Platform and/or Varselor Services, you agree to these conditions. Some of these conditions expressly limit Varselor’s liability. Please read them carefully.
Varselor and the Varselor Platform
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading, using or logging-in (if applicable) the Varselor website located at www.varselor.com, and all associated sites, if any from time to time, linked to www.varselor.com, or the Varselor mobile site and/or application or any similar platform (hereinafter collectively, Varselor Platform) on any device and/or before availing any services offered by or through Varselor on the Varselor Platform which may include services such as sales of software products and services, software recommendations, project management, application effectiveness audit, failed implementation recovery, resource staffing: freelance/full time, market intelligence and marketplace service or any other service that may be offered by or through Varselor on the Varselor Platform (hereinafter individually, a Varselor Service, and collectively, the Varselor Services).
Varselor services are owned and operated by Varselor General Trading LLC, a limited liability com- pany established in the Emirate of Dubai in the United Arab Emirates, with license number 763895 and having its principal place of business at Suite 508, Churchill Executive Tower, Business Bay, Dubai, United Arab Emirates and/or any of its affiliates (hereinafter collectively, Varselor).
In addition, when you use any current or future Varselor service, you will be subject to the terms, guidelines and conditions applicable to that Varselor Service. (“Terms”). If these Conditions of Use are inconsistent with such Terms, the Terms of service will supersede. Varselor Services shall be used by you subject to your adherence with the Terms & Conditions and the Agreement. As long as you accept and comply with the Terms & Conditions and the Agreement, Varselor grants you a personal, non- exclusive, non-transferable, limited, revocable privilege to enter and use the Varselor Platform and/or avail the Varselor Services.
These “Conditions of Use” constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Conditions Relating to Your Use of Varselor
Varselor are only the owners of the platform (online marketplace), the customer relationship arising therefrom is independent of Varselor’s interference at any point of time. Varselor’s role in the said transaction is that of a platform provider. Varselor merely provides the platform to connect, acting in the capacity of a commission agent. Varselor’s liability exists only up to the issues with this commu- nication platform and no other matters whatsoever.
“You” means the “End User” which means:
i. An individual (such an individual) surfing/using/registering on the official website of the Varselor on his/her own behalf and every other person (whether authorized or not by such an individual) accessing the website; or
ii. An organization (including but not limited to a partnership, joint venture, Lim- ited Liability partnership, Limited Liability Company, Company of any nature, Trust, Governmental Authority, Unincorporated Organization, Association of Persons) or any person (such person) who have been authorized by such an organization to surf, use and register on the website, accept the Agreement on behalf of the organization and every other person (whether authorized or not by such person) who uses/has access to the website.
2. Use of the Service Offerings.
2.1. Generally. You may access and use the Service Offerings in accordance with this Agree- ment. Service Level Agreements and Service Terms apply to certain Service Offerings. You will comply with the terms of this Agreement and all laws, rules and regulations applicable to your use of the Service Offerings.
2.2. Your Account. To access the Services, you must have an account associated with a valid email address and a valid form of payment. Unless explicitly permitted by the Service Terms, you will only create one account per email address.
2.3. Third-Party Content. Third-Party Content may be used by you at your election. Third-Party Content is governed by this Agreement and, if applicable, separate terms and conditions ac- companying such Third-Party Content, which terms and conditions may include separate fees and charges.
3. Licence for website access.
3.1. Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, Valselor marketplace grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Valselor marketplace and/or its affiliates, as may be applicable.
3.2. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
3.3. This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, cop- ied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Valselor marketplace and/or its affiliates, as may be applicable.
3.4. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) from and of Valselor marketplace and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilising Valselor marketplace ‘s or its affiliates’ names or trademarks without the express written consent of Valselor marketplace and/or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by Valselor marketplace and / or its affiliates, as applicable.
3.5. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Valselor marketplace as long as the link does not portray Valselor market- place, its affiliates, or their services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Valselor marketplace logo or other proprietary graphic or trade- mark as part of the link without express written consent of Valselor marketplace and/or its affiliates, as may be applicable.
4.1. To the Services. We may change or discontinue any of the Services from time to time. We will provide you at least 5days’ prior notice if we discontinue material functionality of a Service that you are using, or materially alter a customer-facing API that you are using in a backwards- incompatible fashion, except that this notice will not be required if the 5day notice period (a) would pose a security or intellectual property issue to us or the Services, (b) is economically or technically burdensome, or (c) would cause us to violate legal requirements.
4.2. To the Service Level Agreements. We may change, discontinue or add Service Level Agreements from time to time in accordance with this Agreement.
5. No agency.
Unless expressly stated to the contrary by Varselor on the Varselor Platform, Varselor is not an authorised agent or reseller of any entity, and does not have the authority to represent, negotiate or bind any such entity/entities. Reference to any names, description of any products, use of any brand names, etc. that do not belong to Varselor on the Varselor Platform are on the basis of the marketplace format and/or for information purposes only and/or on fair use basis.
6. Fees and Payment.
1. Our billing is strictly subject to your purchase of services on our platform. Varselor charges the service providers on a commission basis, entitling Varselor a percentage (%) of the gross invoice amount. The gross invoice for each sale on the platform shall be invoiced by Varselor to the user (purchaser) on behalf of the seller. The gross amount shall be collected by Varselor from the purchaser and will be remitted to the seller after deduction of the commission along with applicable taxes.
2. Subject to the conditions of the purchase, the invoicing may be done by Varselor on a mile- stone-based payment schedule i.e. payment shall be released to the seller upon confirmation given by the buyer towards satisfactory completion of work (milestone event). During the period , upon receipt of invoice amount from the buyer, Varselor shall keep the amount in an escrow for upto a period of SIXTY (60) days, the time period may be extended upon written request of the buyer. After completion of the milestone event before the expiry of 60 days from receipt of invoice amount, upon confirmation from the buyer the amount shall be released to the seller. In case of dissatisfaction and refusal to release payment to the seller, subject to the dispute resolution mechanism provided under this agreement, the amount lying in escrow shall be returned to the buyer. The refund shall be subject to deduc- tion of the charges and fee applicable to the transaction, levied by the processing Bank(s) and payment gateway(s).
3. All amounts payable by you under this Agreement will be paid to us without set-off or counterclaim, and without any deduction or withholding. Fees and charges for any new Service or new feature of a Service will be effective when we post updated fees and charges on the Varselor Site, unless we expressly state otherwise in a notice. We may increase or add new fees and charges for any existing Services you are using by giving you at least 5 days’ prior notice. We may elect to charge you interest at the rate of 2% per month (or the highest rate permitted by law, if less) on all late payments.
4. Taxes. Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transac- tions and payments under this Agreement. All fees payable by you are exclusive of Indirect Taxes. We may charge and you will pay applicable Indirect Taxes that we are legally obli- gated or authorized to collect from you. You will provide such information to us as reason- ably required to determine whether we are obligated to collect Indirect Taxes from you.
7. Your Responsibilities.
1. Your Accounts;
(a) you are responsible for all activities that occur under your account, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, agents or End Users), and
(b) we and our affiliates are not responsible for unauthorized access to your account.
2. Your Content.
i. You will ensure that Your Content and your and End Users’ use of Your Content or the Service Offerings will not violate any of the Policies or any applicable law. You are solely responsible for the development, content, operation, maintenance, and use of Your Content. You are solely respon- sible for ensuring the accuracy and legality of any User Content. Varselor shall not be responsible for any content, its accuracy or legality, and cannot be held liable to their verification. Varselor shall not be responsible for determining the suitability of other Users for a Service Contract (such as any interviews, vetting, background checks, or similar actions). You are solely responsible for negotiating, agreeing to, and executing any terms or conditions of Service Contracts, or performing Freelancer Services, or paying for Service Contracts or Freelancer Services. You shall solely be liable in assessing whether to enter into a Service Contract with another User, verifying any infor- mation about another User.
ii. Your Security and Backup. You are responsible for properly configuring and using the Service Offerings and otherwise taking appropriate action to secure, protect and backup your accounts and Your Content in a manner that will provide appropriate security and protection, which might in- clude use of encryption to protect Your Content from unauthorized access and routinely archiving Your Content.
iii. Log-In Credentials and Account Keys. Varselor log-in credentials and private keys generated by the Services are for your internal use only and you will not sell, transfer or sublicense them to any other entity or person, except that you may disclose your private key to your agents and sub- contractors performing work on your behalf.
iv. End Users. You will be deemed to have taken any action that you permit, assist or facilitate any person or entity to take related to this Agreement, your content or use of the Service Offerings. You are responsible for End Users’ use of your content and the Service Offerings. You will ensure that all End Users comply with your obligations under this Agreement and that the terms of your agree- ment with each End User are consistent with this Agreement. If you become aware of any violation of your obligations under this Agreement caused by an End User, you will immediately suspend access to Your Content and the Service Offerings by such End User. We do not provide any support or services to End Users unless we have a separate agreement with you or an End User obligating us to provide such support or services.
Varselor is not liable for any warranty issued by any software service provider (including enter- prises, organisations, institutions, freelancers) listing their software solutions, services or resources on the marketplace platform.
All the resources, services and solutions provided and listed on the platform are a third party’s initiative and bear no liability on Varselor.
Any software, service or solutions acquired or downloaded from the marketplace must be down- loaded by you at your own risk. The marketplace shall not be answerable towards any liability claimed.
The Varselor shall not be liable in any event of un-authorized access to personal data of any user.
The Varselor shall not be liable in case of misappropriation of any personal data of any user. You shall bear all responsibility in case of any loss, damage or modification of personal data.
The Varselor shall not bear any responsibility in regard to any misappropriation of private commu- nication with any third party. You shall bear sole liability in an event of any misappropriation of the same.
The Varselor marketplace has limited liability for protection of user data available on platform provided by user at the time of registration. It bears minimum liability towards the data provided by you at the time registration and in an event of privacy violation; the Varselor marketplace shall not be responsible for the same.
You are solely responsible and shall comply with all applicable laws, regulations of India and any applicable foreign/trans-national laws including without limitation, privacy, data protection, ob- scenity, confidentiality, copyright laws for using any report, data, information derived as a result of using this website.
10. Service Offerings License.
We or our licensors’ own all right, title, and interest in and to the Service Offerings, and all related technology and intellectual property rights. Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to do the following: (a) access and use the Services solely in accordance with this Agreement; and (b) copy and use the Varselor Content solely in connection with your permitted use of the Services. Except as provided in this Section, you obtain no rights under this Agreement from us, our affiliates or our licensors to the Service Offer- ings, including any related intellectual property rights.
11. Intellectual property infringement claims
Varselor respects the intellectual property rights of others/third parties and will not tolerate infringing activity on the Varselor Platform. If you are a copyright owner or agent, and you believe your rights under applicable intellectual property laws are being infringed by Varselor or another person or entity using the Varselor Platform or Varselor Services, then you may submit a notification to email@example.com with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Identification of specific material to be removed, which is claimed to infringe or to be subject of infringing activity, and its location;
- Your contact information, including phone number, and, if available, an e-mail address at which you may be contacted;
- Your good faith statement that the use of the material in the manner complained of is not au- thorized by the copyright owner, its agent, or the law; and
- A statement that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the allegedly infringed copyright.
- Varselor reserves the right to seek damages from any person who knowingly materially submits a notification claim under this section in violation of the law.
12. License Restrictions.
Neither you nor any End User will use the Service Offerings in any manner or for any purpose other than as expressly permitted by this Agreement. Neither you nor any End User will, or will attempt to
(a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Content included in the Service Offerings (except to the extent Content included in the Service Offerings is provided to you under a separate license that expressly permits the creation of derivative works), (b) reverse engineer, disassemble, or decompile the Service Offerings or apply any other process or proce- dure to derive the source code of any software included in the Service Offerings (except to the extent applicable law doesn’t allow this restriction), (c) access or use the Service Offerings in a way intended to avoid incurring fees or exceeding usage limits or quotas, or (d) resell or sublicense the Service Of- ferings. You may only use the Varselor Marks in accordance with the Trademark Use Guidelines. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors). You will not imply any relationship or affiliation between us and you except as expressly permitted by this Agreement.
13. Temporary Suspension.
1. Generally. We may suspend your or any End User’s right to access or use any portion or all of the Service Offerings immediately upon notice to you if we determine:
(a) your or an End User’s use of the Service Offerings (i) poses a security risk to the Service Offerings or any third party, (ii) could adversely impact our systems, the Service Offerings or the systems or Content of any other Varselor customer, (iii) could subject us, our affiliates, or any third party to liability, or (iv) could be fraudulent;
(b) you are, or any End User is, in breach of this Agreement;
(c) you are in breach of your payment obligations under this Agreement; or
(d) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
2. Effect of Suspension. If we suspend your right to access or use any portion or all of the Service Offerings:
(a) you remain responsible for all fees and charges you incur during the period of suspension; and
(b) you will not be entitled to any service credits under the Service Level Agreements for any period of suspension.
14.1. The Varselor will raise request at your instance, availing any service from a third party at the platform. The Varselor shall also schedule an installation with the third party, if required, on your behalf.
14.2. The Varselor shall not bear any liability in an event of failure of installation of any software or other services provided by a third party.
14.3. You shall bear the additional cost, as applicable for any additional devices and services being availed apart from the service in clause(a).
15.1. You expressly understand, admit, agree, and warrant that in no event shall Varselor and/or any of its directors, employees, agents, partners, distributors be liable from any and against all claims, expenses, suits, costs, demands, judgments whatsoever made by you and/or any third party for any direct, indirect, incidental, special, punitive, conse- quential and/or exemplary damages including, but not limited to damages for loss of business/profits, damages for loss of confidential/other information, failure to meet any statutory duty/duty of reasonable care/duty in good faith, economic/notional loss, loss for business interruption, goodwill, damage and loss of data or programs, or other in- tangible losses (even if Varselor has been advised of the possibility of such damages), to the fullest extent permissible by law, (i) arising due to your usage of this website; (ii) our negligence or inability of using the website or support; (iii) any dispute between you and third party with respect to availing any software, solutions or resources through this website; (iv) our violation of any rights of any other individual and/or entity; (v) our breach of the Agreement; (vi) our violation of any provisions under any laws/stat- utes/acts in India or abroad.
15.2. You will defend, indemnify, and hold harmless the Varselor, our affiliates and licen- sors, and each of their respective employees, officers, directors, and representatives from and against any losses arising out of or relating to any third-party claim concern- ing, (i) you or any other End User’s use of the Service Offerings (including any activ- ities under your Varselor site account and use by your employees and personnel); (ii) any breach, violation or abrogation of this Agreement or violation of the applicable law by you, any other End Users or your Content; (iii) in case of a dispute between the Varselor and you or any other End user; or (iv) any of Your Content infringes or mis- appropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement.
15.3. Neither party will have obligations or liability under this Section arising from infringe- ment by combinations of the Services or Your Content, as applicable, with any other product, service, software, data, content or method. In addition, Varselor will have no obligations or liability arising from your or any End User’s use of the Services after Varselor has notified you to discontinue such use. The remedies provided in this Sec- tion are the sole and exclusive remedies for any third-party claims of infringement or misappropriation of intellectual property rights by the Services or by Your Content.
15.4. For any claim covered by this Section, Varselor will, at its election, either: (i) procure the rights to use that portion of the Services alleged to be infringing; (ii) replace the alleged infringing portion of the Services with a non-infringing alternative; (iii) modify the alleged infringing portion of the Services to make it non-infringing; or (iv) termi- nate the allegedly infringing portion of the Services or this Agreement.
15.5. Process. The obligations under this Section 9 will apply only if the party seeking de- fense or indemnity: (i) gives the other party prompt written notice of the claim; (ii) permits the other party to control the defense and settlement of the claim; and (iii) reasonably cooperates with the other party (at the other party’s expense) in the defense and settlement of the claim. In no event will a party agree to any settlement of any claim that involves any commitment, other than the payment of money, without the written consent of the other party.
15.6. You will reimburse the Valselor marketplace for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to any third party subpoena or other compulsory legal order or process associated with third party claims described in clauses (i) and (ii) above at our then-current hourly rates.
15.7. This limitation will apply to all causes of action whether arise in equity or tort, includ- ing but not limited to breach of contract, breach of warranty, negligence, strict liability, misrepresentations and hereby release Varselor and/or its directors, employees, agents, distributors from any and all obligations, liabilities in excess of the limitation stated herein.
15.8. In the event, Varselor and/or its directors, agents, employees, distributors are found liable, you understand and accept that the liability of Varselor and/or its directors, agents, employees, distributors shall be limited only up to and not exceed in any case the for services or software provided by Varselor. This Clause shall survive the termi- nation of this Agreement.
16.1. Termination for Convenience. We may terminate this Agreement for any reason by providing you at least 15 days’ advance notice.
16.2. Termination for Cause.
(a) By Either Party. Either party may terminate this Agreement for cause if the other party is in material breach of this Agreement and the material breach remains uncured for a period of 30 days from receipt of notice by the other party. No later than the Termination Date, you will close your account.
(b) By Us. We may also terminate this Agreement immediately upon notice to you (i) for cause if we have the right to suspend under Cl. 13 if our relationship with a third-party partner who provides software or other technology we use to provide the Service Offer- ings expires, terminates or requires us to change the way we provide the software or other technology as part of the Services, or (iii) in order to comply with the law or requests of governmental entities.
17. Effect of Termination.
Upon the Termination Date:
1.except as provided in cl. 28, all your rights under this Agreement immediately termi- nate;
2.you remain responsible for all fees and charges you have incurred through the Termi- nation Date and are responsible for any fees and charges you incur during the post- termination period .
3.you will immediately return or, if instructed by us, destroy all Varselor Content in your possession; and
4.Except the license granted to you under cl. 3, the terms and conditions of the purchase made will continue to apply in accordance with their terms.
If you provide any Suggestions to us or our affiliates, we and our affiliates will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions and agree to provide us any assistance we require to document, perfect, and maintain our rights in the Suggestions.
19. Content Representation.
19.1. The Varselor does not make any representations about or provides guarantee regarding the truth or accuracy of any Freelancer’s or Client’s listings or any other kind of User Content on the Site;
(a) does not verify any feedback or information provided by Users about Service Providers or Clients;
(b) does not vet or otherwise perform background checks on Service Providers or Clients.
19.2. Varselor makes no representations about and does not guarantee:
(a) the quality, safety, or legality of any Freelancer Services or any other third- party services on the platform;
(b) the qualifications, background, or identities of Users; the ability of Freelancers to deliver Freelancer Services;
(c) the ability of Clients to pay for Freelancer Services;
(d) User Content, statements or posts made by Users; or
(e) the ability or willingness of a Client or Freelancer to actually complete a trans- action.
19.3. You shall not, in any manner whatsoever, hold the Varselor responsible for any of the above described in (i) though (v).
20. Product Descriptions
20.1. Varselor attempts to be as accurate as possible. However, Varselor does not warrant that product and/or software descriptions or other content, on the Varselor Platform, of any Varselor Service, is accurate, complete, reliable, current, or error-free. If a software and/or product and/or service offered on the Varselor Platform is not as described, your sole remedy is to return it in unused condition or in case of a service to not use/stop using the service.
20.2. The Varselor Platform may contain actual names of vendors, third parties, partners, collaborators, etc. The visibility of these names are not intended, in any way whatso- ever, to represent any evaluation of such persons.
20.3. Parties other than Varselor may operate on, provide services or software, or sell product lines through the Varselor Platform. We are not responsible for examining or evaluat- ing, and we do not warrant, the offerings of any of these businesses or individuals (in- cluding the content of their websites). Varselor does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
The service offerings are provided “as is.” Except to the extent prohibited by law, or to the extent any statutory rights apply that cannot be excluded, limited or waived, we and our affiliates and licensors (a) make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the service offerings or the third-party content, and
(b) disclaim all warranties, including any implied or express warranties (i) of merchantability, satisfac- tory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, (ii) arising out of any course of dealing or usage of trade, (iii) that the service offerings or third-party content will be uninterrupted, error free or free of harmful components, and (iv) that any content will be secure or not otherwise lost or altered.
22. Limitations of Liability.
We and our affiliates and licensors will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages (including damages for loss of profits, revenues, customers, op- portunities, goodwill, use, or data), even if a party has been advised of the possibility of such damages. Further, neither we nor any of our affiliates or licensors will be responsible for any compensation, reimbursement, or damages arising in connection with:
(a) your inability to use the services, including as a result of any (i) termination or suspension of this agreement or your use of or access to the service offerings, (ii) our discontinuation of any or all of the service offerings, or, (iii) without limiting any obligations under the service level agreements, any un- anticipated or unscheduled downtime of all or a portion of the services for any reason;
(b) the cost of procurement of substitute goods or services;
(c) any investments, expenditures, or commitments by you in connection with this agreement or your use of or access to the service offerings; or
(d) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of your content or other data.
In any case, ours and our affiliates’ and licensors’ aggregate liability under this agreement will not exceed the amount you actually pay us under this agreement for the service that gave rise to the claim during the 12 months before the liability arose. The limitations in this section apply only to the maxi- mum extent permitted by applicable law.
23. Governing Law and Jurisdiction
The Terms and Conditions and the Agreement must be interpreted in accordance with the laws of the DIFC Courts, Dubai. Furthermore, in the event of litigation, all proceedings must be commenced in and shall proceed in the courts of Dubai, United Arab Emirates
24. Return and Refund
All purchases of products are final: Varselor does not accept returns nor do we refund purchases of products and services sold by third party sellers on the platform. Any refund returns or ex- change shall be the sole liability of the service providers. We are merely a link between you and the service provider; thus, we shall bear no responsibility for the above-mentioned. Your purchase on the platform is further subject to the terms and conditions of the sale and post-sale usage of the purchase as applicable.
Under the milestone based payment schedule, in case of dissatisfaction and refusal to release pay- ment to the seller, subject to the dispute resolution mechanism provided under this agreement, the entire amount lying in escrow shall be returned to the buyer. The refund, however, shall be sub- ject to deduction of the charges and fee applicable to the transaction, levied by the processing Bank(s) and payment gateway(s).
25. Hypertext Links
The Varselor Platform may contain hypertext links to other web sites for your convenience. However, these links should not be construed as an endorsement of these web sites’ content, products, or activities. Access to third party web sites from our web site is at your own risk.
26. Waiver and Severability
Varselor’s failure to act with respect to a breach by you or others will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any of these Terms & Conditions or any provision of the Agreement shall be deemed invalid, void, or for any reason unen- forceable under applicable law, then that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision of the Terms & Conditions and the Agreement.
27. Your Comments, Questions, and Complaints.
28. Dispute resolution.
For any complaint regarding any products or services, software or any other solutions provided at the platform, Varselor’s Grievance Redressal Cell shall be informed by you within 15 days of the purchase. Varselor will merely act as a medium between the user and service provider and try to resolve the disputes referred to it by the user in the limited capacity of a conciliator. In case of no resolution, with the consent of the buyer and seller, Varselor shall refer the dispute for mediation before an independent mediator. The mediator shall draw terms of settlement between the parties or in case of no settlement and independent report of the dispute. Such report shall be provided to both the parties and the parties shall be free to pursue their remedies under law. Time being the essence, the entire dispute resolution process shall be completed within 60 days, from the date of purchase.
Varselor will not be liable for any refund, exchange of a solution or service which is not owned by it or wherein the complaint raised outside the platform with the service provider is not dealt with.