Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name [Consultancy.Servicemela.com] and any related mobile site and mobile application (hereinafter referred to as “Website”)

The Website is owned & operated by ServiceMela Online Private Limited (which is a registered company under the Companies Act, 2013, with CIN:U72900WB2021PTC242334 and registered office at Holding No. 827, Vill+P.O – Dahijuri, Jhargram, West Bengal – 721504, India) and its affiliate(s): ServiceMela, Inc. (651 N Broad St, Suite 201, Middletown, DE, USA), (collectively referred to as “Consultancy by ServiceMela”, “We,” “Our,” or “Us”), as applicable .

These Terms along with the Privacy Policy published on the Website (“Privacy Policy”) and other policies (as may be notified/displayed/published on the Website) constitutes the contract between the Users of this Website and “Consultancy by ServiceMela”(collectively “Terms of Use”). By use of the Website, Users agree to be bound by the Terms of Use as posted on the Platform from time to time.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person using the Platform. The term “We”, “Us”, “Our” shall mean “Consultancy by ServiceMela”.

When You use any of the services provided by Us through the Website, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions.

Eligibility

Transaction on the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you may use the Website or access content on the Website only under the supervision and prior consent/ permission of a parent or legal guardian.

As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. We reserve the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to Our notice or if it is discovered that You are under the age of 18 years and transacting on the Website.

General Work Order Terms and User Responsibilities

All Ordered Service content (text and multimedia) will be the sole responsibility of the User to provide to Us.

The Contract does not hold Us responsible for any data entry, web hosting or custom artwork/graphics related work/tasks unless otherwise specifically mentioned, paid for and agreed to by both the parties towards such. Any artwork, images, or text supplied and/or designed by Us on behalf of the User, will remain Our property and/or Our suppliers unless otherwise agreed.

User is solely responsible to take proper back-up of all content on their site prior to letting Us undertake the required course of action towards meeting the contract. Any loss or damage to existing data shall not be Our responsibility under any circumstances.

While We will do its best to achieve all deliveries within the estimated time, there may, at times, be the need to extend or adjust time in cases of any unavoidable and non-forecasted situations like those of deployment issues, dependencies, 3rd-Party support, development bottle-necks, resource unavailability due to emergency, communication delays and the like.

The User retains the copyright to data, files and graphic logos provided by the User and grants Us the rights to publish and use such material. The User must obtain permission and rights to use any information or files that are copyrighted by a third party. The User is further responsible for granting Us permission and rights for use of the same and agrees to indemnify and hold harmless Us from any and all claims resulting from the User’s negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the User to Us that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

We will not accept responsibility for any alterations caused by the User or a third party occurring to the User’s pages/website once installed/deployed. Such alterations include, but are not limited to additions, modifications or deletions. We reserve the right to require a one-off Web Development charge before resolving any issues that may arise.

Payments, Cancellation and Refund Policy

We accepts payments by Bank Transfers (although we reserve the right to decline payment in any of these forms without notice) and Online Payment (through Payment Gateways). Without limitation, We reserve the right to withdraw any payment methods at any time and to vary its prices without prior notice.

We do our best to deliver the Ordered Service as per the promise. In any case, if You are dissatisfied or don’t want to continue with the Ordered Service, we offer Refund after Cancellation as following.

Refund Eligibility

Full refund – If We haven’t started working on the finalised Ordered Service.

Partial refund – We will issue a partial refund if we fail to complete the service as per our contract. The refund amount will be calculated in proportion to the service completed vs the service that is yet to be completed as per the scope of the Ordered Service.

No refund – You cannot avail of any refund if the service is completed and uploaded to the server.

Partial Refunds will be processed within a maximum of 30 business days from the date of cancellation.
Full refunds will be processed within 14 business days.
Refunds will be paid either by bank transfer or to the original source of payment.

Limitations of Liability

We will use reasonable skill and care in providing the Ordered Service. However, we make no representation and exclude any warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the Ordered Service.

“Consultancy by ServiceMela” hereby excludes itself, its Employees and or Agents from: all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the Ordered Service; All and any liability for loss or damage to User’s content supplied for the Ordered Service. This is whether the loss or damage results from negligence or otherwise.

Except in the event of death or personal injury caused by our negligent acts or omissions, we shall not be liable in any way for any damages arising in contract, tort or otherwise in respect of loss or damage arising out of or in connection with this Agreement or operation of the Ordered Service. In no event will we be liable for any direct, indirect or consequential damages in contract or tort, including loss of profit, loss or damage to property or relating to claims made by third parties.

We cannot make guarantees of service on behalf of third party organizations and will not be held liable for the failure in any service provided by third parties.

Jurisdiction

These terms shall be governed by and interpreted in accordance with Indian Law. The parties irrevocably agree that the courts in Jhargram(West Bengal, India) shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions. The placing of an order will confirm acceptance of these conditions which are attached to the Order.

Severability

In the event any one or more of the provisions of this Agreement and/or Order shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement and/or Order shall be unimpaired and the Agreement and/or Order shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.