- This document is an electronic record under the provisions of the Information Technology Act, 2000 and Rules framed there under (as applicable or amended from time to time). This electronic record is generated by a computer system and does not require any physical or digital signatures.
- The terms " Profilebaba " used in this document refers to Profilebaba.com, a company registered under the Companies Act, 1956 with its registered office at A13 Krishna Market Rd Shyam Vihar Phase-1, Najafgarh, New Delhi – 110043, Delhi along with its subsidiaries and/ or employees and/ or directors and/ or affiliates and/ or agents and/ or representatives and/ or sub-contractors.
- The term " Platform " used in this document refers to the website (being www.profilebaba.com), mobile apps and / or any other services offered / to be offered by Profilebaba
- All intellectual property which is in relation to this Platform is owned by and vests in Profilebaba
- Acceptance of these terms is a prerequisite for usage of services in the platform. By virtue of using these services, it is deemed that you accept all and any of the terms and conditions specified in the Agreement. The Agreement constitutes the entire agreement between you and Profilebaba and governs your use of the Platform's Service, superseding any prior agreements between you and Profilebaba.
- This Platform is entitled to assign this Agreement, and all rights and obligations hereunder, to a successor to all or any of its assets, whether by sale, merger or otherwise. These terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
- This Platform reserves the right to update, change, modify, add or remove the terms, conditions and notices of the Agreement without any prior notice to you. It is your responsibility to periodically review the most current version of the Agreement as your continued use of this Platform signifies your acceptance of any changed terms. As long as you comply with these Terms & conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform
Profilebaba is a business Service Provider that promotes information and exchanges among its Users.
SCOPE OF SERVICE
This Platform provides its need fulfilment platform as a service to enable its Users to connect with each other or to connect with businesses in their city. This Platform enables the Users to find Service Provider/book services. Please keep in mind that local business listings, classified ads, property ads and other elements of service need fulfilment are posted not by this Platform, but members (Users & Service Provider)s of this Platform.
Membership Eligibility (User & Service Provider)
You confirm that you are of legal age i.e. 18 years to form a legally binding contract with Profilebaba and are not a person barred, from availing the services offered by Profilebaba under the laws as applicable in India.
Profilebaba requires registration for those who participate in a variety of its services. When you authenticate your email or mobile number for using the local service need platform and register as a member on this Platform, you accept the following terms and conditions:
- You agree to provide true, accurate, current and complete information.
- If, after investigation, Profilebaba has reasonable grounds to suspect that any member's information is untrue, inaccurate, not current or incomplete, Profilebaba may suspend or terminate that member's account and prohibit any and all current or future use of the Profilebaba sites (or any portion thereof) by that member other than as expressly provided herein.
- Each member is wholly responsible for maintaining the confidentiality of account login and password information and for all activities occurring there under. Profilebaba cannot and will not be liable for any loss or damage arising from a member's failure to comply with this section, including any loss or damage arising from any member's failure to: (1) immediately notify Profilebaba of any unauthorised use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.
- You hereby unconditionally authorize / approve Profilebaba to reserve the right to publish any and all information provided as part of this Platform registration, except email address and password to authenticate the member, to facilitate social networking among its members.
In order to become a Profilebaba member, you must first create a member account on this Platform by providing information about yourself including name, mobile number and your current city of residence. Profilebaba may check for the validity of the mobile numbers. You should ensure that you do not in any manner provide false and / or inconsistent and / or untrue information.
Optional profile information
Once you provide the basic information to create an account, you will have the opportunity to provide additional information in the profile section describing your postal code, brief summary of yourself etc. Provision of this additional information beyond what is required at registration is entirely optional.
Recognising you as a Profilebaba member
For this Platform to recognise you as a registered member, you must login with your login phone and password or alternatively use Profilebaba services with your registered mobile number.
Internet communication protocol information
The communication standards of the Internet industry transmit the URL of the website from which you visit this Platform, the IP address of your computer, the IP address of your ISP, various attributes of your computer such as operating system, resolution and browser software, and the date and time of your various requests for pages on this Platform. Profilebaba file logging system automatically logs all of this information in its log files for its analysis.
You are advised to change your login password at regular intervals. Your password should be a combination of alphabets and at least one number and a special character. You are solely responsible for actions taken under your password, and should not disclose it to anyone else. You cannot use your password for any unauthorised purpose. Profilebaba shall neither be responsible nor liable for your non-compliance with the terms of password change.
Accessing and changing your account information
You can review the personal information you provided us and make any desired changes to the information, or to the settings for your account on this Platform, at any time by logging in to your account and editing the information on your profile page. You can also close your account through this Platform by sending your request to firstname.lastname@example.org with your login phone number. Your request will be processed within 7 business days.
Your calls may be recorded to improve the service experience in the platform and for other business purposes. You hereby unconditionally authorize and / or approve Profilebaba to record the calls made by you to Profilebaba with respect to any services listed on this Platform. Profilebaba at its discretion may delete such recording shall from its database within a period of twelve (12) months.
Further, by using Profilebaba services and providing us your number, while registering for an account or receiving alerts or contacting an advertiser seller / buyer, you:
- Agree to receive a sales or service call from our employees / partner / alliances notwithstanding your registration for NDNC (National Do Not Call) registry.
- Give consent to Profilebaba and its partners / vendors and sub-partners / sub-vendors to send alerts, contact details, SMS and calls related to User's action in our website to the mobile number entered by the User, irrespective of whether the same is on the NDNC list or any other such data base.
Contacting businesses through this Platform
This Platform also holds the rights to contact those Users and Service Providers registered with the platform. The mode of contact may be through SMS / email / call, irrespective of whether the User is on the NDNC list or any other similar database.
You hereby waive your right to object and agree to not object and / or protest in relation to the same. All calls made through the UVNs between the User and the service provider shall be recorded by Profilebaba for training and quality purposes including dispute resolution, service assurance, and other business purposes of Profilebaba. You hereby give irrevocable consent to Profilebaba for sharing the call recordings to other third parties for business purposes of Profilebaba. You disclaim and / or abandon any right to sue and waive your right to object and agree to not object and / or protest in relation to any of the
ACCESSING & TRANSMITTING THE PLATFORM'S CONTENT
- Any downloading of Content is unauthorised and / or prohibited.
- You may not modify any Content you download or print from the Platform or make any additional representations or warranty relating to it. Any attempt to modify shall be treated as hacking.
- You may not make any Content item originating from the Platform available for public access by any means whatsoever without obtaining prior written permission from this Platform.
- You may forward Internet URLs (uniform resource locators) to third parties for private, non-commercial use, along with brief extracts that do not violate fair use guidelines.
- If any person/entity is found crawling Profilebaba or the IT admin website for any commercial, business or other purposes, the same shall amount to offence and Profilebaba shall be entitled to take appropriate action and claim damages, if any, as against such person/entity.
- You may post, or otherwise make publicly available, excerpts from this Platform's Content items, in any publicly accessible forum, so long as they follow standard fair use guidelines and this Platform is cited alongside the excerpt as the original source with a hyperlink to this Platform.
CONTRIBUTING CONTENT TO THIS PLATFORM
While primarily being a local service need fulfilment platform, this Platform also provides a variety of forums for its members to express themselves in the form of articles, columns, opinions, comments, reviews, art and photographs. Profilebaba provides value to its contributors by making available to them its vast global audience reach.
The terms in this section apply to all the Content contributed to this Platform in any of its various services and forums and are as follows:
- You truthfully assert that the Content being contributed is your creation and that you own the copyright to the Content. Unless you have deliberately assigned the IPR including copyright to someone else, you automatically own the copyright to all of your original creations.
- Profilebaba is not obliged to ensure that the Platform is available to all users at all times. While we make all attempts to deny access only to those individuals who violate this Platform's regulations, we are occasionally forced to use access denial methods that cause a disruption in access for other users.
- You truthfully assert you have not infringed on anybody else's IPR including copyright in the creation of the articles
- We are not responsible and / or liable for any loss to any visitor to the site who may violate your IPR and / or distribute your IPR published Content without your permission.
- You grant us exclusive unlimited distribution rights including electronic and internet distribution rights, and non-exclusive, unlimited print publication and distribution rights either through this Platform or through any other media. This includes and is not limited to web publishing, syndication on other websites, syndication with print publishers, publishing as part of a collection of articles, publishing as a book, email, ftp, telnet and other Internet-based information transfer protocols.
- You may, however, publish the Content you contribute to this Platform, on your personal, non-commercial website if you possess one.
- In case the contributions are digital images of artwork in traditional media such as canvas, that is available for sale, you may also publish digital images of your artwork on commercial websites that sell art online, only for the purpose of sale.
- Once granted and your Content is published, the distribution rights cannot be revoked. In other words, once your contribution is published on this Platform, it automatically becomes a permanent part of this Platform's publicly-accessible archives. You may, however, subject to our approval, update or revise your contributions on this Platform.
- You will not receive any monetary compensation whatsoever for your submissions. The only in-kind compensation we promise a home for your expression on the web.
- You grant us the right to organise, categorise, collate your contributed Content and present it on this Platform in any manner we see fit. We may remove or edit your contribution at our discretion without having to secure your permission. We will however make reasonable efforts to inform you of the changes.
- We generally do not object to our contributors posting their contributions made to this Platform on other, freely accessible non-commercial internet locations, so long as this Platform is clearly cited as the original publisher, and a link to this Platform is provided. You, however, agree to secure our permission first before such re-publication on other internet sites happens.
- You agree to state this Platform as the previous publisher prominently in case you print your article in an offline magazine.
- While you are on the site and engaged in any form of communication on any of the forums, you agree NOT to host, display, upload, modify, publish, transmit, update or share any information:
- That is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, promotes violence, is invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; impersonate any person or entity, including, but not limited to, a Profilebaba official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- That forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted.
- That you do not have a right to make available, under any law or under contractual or fiduciary relationships (such as inside, proprietary or confidential information, learned or disclosed as part of employment relationships or under nondisclosure agreements).
- That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You may, however, post excerpts of copyrighted material so long as they adhere to fair use guidelines.
- Upload or post or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of business solicitation. Repeated postings of a promotional nature are considered abuse of the forums. Businesses or individuals wishing to advertise on This Platform should contact us at this address.
- That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- That disrupt the normal flow of dialogue by repeatedly posting the same or similar material, or otherwise acting in a manner that negatively affects other Users' ability to engage in exchanges.
- That violates any applicable local, state, national or international law.
- "Stalk" or otherwise harass another User; collect or store personal data about other Users either manually or by means of automated software tools; promote illegal activities; inhibit other Users from using and enjoying the unedited forums.
- Post classifieds advertisements that contain untruthful representations, deceptive practices, inducements to commit any illegal activity.
Message / comment board
This Platform may contain message / comment boards, testimonials, or other message or communication facilities (collectively, "Forums"). You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
- Defame, abuse, harass, stalk, threaten, provoke (religiously, sexually or otherwise) or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Use of swear-words or profanity is strictly prohibited. We encourage a healthy exchange of opinions and disagreements.
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, profane, libellous, threatening, harassing, embarrassing or unlawful material or information;
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer, conduct or forward surveys, contests, or chain letters;
- You will not post the Contents (in part or whole) of any email that you may receive from any Profilebaba employee(s) and / or moderator. Should you post such Content, such an act would amount to an IPR infringement including infringement of our copyright.
- Download any file posted by another User of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
- Do not post messages more than once. This is also known as flooding. Profilebaba reserves right to delete such posts and may terminate the accounts of such members
All Forums are public and not private communications. Chats, postings, conferences, and other communications by other Users are not endorsed by Profilebaba and such communications shall not be considered reviewed, screened, or approved by this Platform. Profilebaba reserves the right for any reason to remove without notice any Contents of the Forums received from Users.
USING THIS PLATFORM'S SERVICES
This section covers the terms under which various this Platform services, including, but not limited to, link forwarding services, event information, and any information available on this Platform, are made available to you. You agree that:
- Profilebaba may electronically block or otherwise deny access to the Platform, to any User deemed to be in violation of any of the terms in this document.
- Profilebaba is not obliged to ensure that the Platform is available to all Users at all times. While we make all attempts to deny access only to those individuals who violate this Platform's regulations, we are occasionally forced to use access denial methods that cause a disruption in access for other Users.
- Profilebaba is not responsible for a loss of access to this Platform's services due to failure of networks connected to the Internet, or any other temporary hardware or software failure.
- Profilebaba reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- A possibility exists that this Platform could include inaccuracies or errors. Additionally, a possibility exists that unauthorised additions, deletions and alterations could be made by third parties to the site. Although Profilebaba attempts to ensure the integrity and the accuracy of this Platform, it makes no guarantees whatsoever as to its correctness or accuracy. In the event that such an inaccuracy arises, please inform this Platform by emailing email@example.com so that it can be corrected.
- This Platform may contain links to other websites operated by third parties ("linked sites"). You acknowledge that, when you click on a link to visit a linked site, a frame may appear that contains this Platform's logo, advertisements and/or other Content selected by this Platform. You acknowledge that this Platform and its sponsors neither endorse nor are affiliated with the linked sites and are not responsible for any content that appears on the linked sites. This Platform has neither reviewed not approved these sites and is not responsible for the Contents or omissions of any linked site or any links contained in the linked sites.
RESPONSIBILITY OF PLATFORM VISITORS
You acknowledge that:
- Profilebaba has not reviewed, and cannot review, all of the material, including computer software, posted to the platform, and cannot therefore be responsible for that material's Content, use or effects. By operating this Platform, Profilebaba does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content.
- This Platform may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. This Platform may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
Profilebaba disclaims any responsibility for any harm resulting from the use by visitors of this Platform, or from any downloading by those visitors of Content posted. If you believe that material located on or linked to this Platform is offensive, indecent, violates your copyright or otherwise objectionable, you are encouraged to notify our team via the report abuse link or via email to firstname.lastname@example.org. This Platform will respond to all such notices, including as required or appropriate by removing the offensive / objectionable / infringing material or disabling all links to the infringing material on the Profilebaba.com domain. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Profilebaba or others, Profilebaba may, in its discretion, terminate or deny access to and use of the platform.
USING PROFILEBABA.COM'S LOCAL SERVICE NEED FULFILLMENT PLATFORM
Users of this service are responsible for all aspects of the transactions in which they choose to participate. This Platform requires a User to register before posting a service need requirement, a classified ad or uploading a variety of Content on the Platform. This Platform does not review or authenticate all listings, items, or services offered for sale. This Platform has no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of Service Providers to sell items or the ability of Users to buy items. Therefore, Users of this service should be aware that:
- Service Providers and Users are completely responsible for working out the exchange and performance of services. Profilebaba is not responsible for any non-performance or breach of any contract entered into between the Users and Service Providers. Profilebaba cannot and does not guarantee that the concerned Service Provider will perform any transaction concluded on this Platform.
- Both User and Service Provider do hereby agree that Profilebaba shall not be required to mediate or resolve any dispute or disagreement that might arise between the parties out of these transactions.
- Service Providers and Users are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate.
- Service Providers and Users are responsible for all applicable taxes and for all costs incurred by participating in the local service need fulfilment platform.
- Profilebaba will not be liable for damages of any kind incurred to any parties as a result of the information contained on this Platform. Users shall not use or manipulate this service for any fraudulent activity or purpose. Items or services offered for sale must comply with applicable laws. Profilebaba disclaims any and / or all responsibility and / or liability for any harm resulting from your use of third party services, and you hereby irrevocably waive any claim against Profilebaba with respect to the Content or operation of any third party services.
- Using our Services does not give you ownership of any intellectual property rights in our Services or the Content you access. These terms do not grant you the right to use any branding or logos used in our Services.
- User agrees that he / she / they, indemnify Profilebaba, its employees, officers, agents and directors from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with transactions or disputes.
- We do not control the information provided by other Users that is made available through our system. Users may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense for your own safety. Please note that there are also risks of dealing with underage persons or people acting under false pretence. Additionally, there may also be risks dealing with international trade and foreign nationals.
- It is confirmed and acknowledged by the User that, all/any information provided by the User, including name, age, contact details and other details to this Platform are accurate and can be used and forwarded by this Platform to Service Provider(s). Any such act, committed by Profilebaba shall not constitute a violation of privacy or other rights of the User.
- At no time shall this Platform have any obligations or liabilities in respect of all/any transaction entered into between the User and Service Provider. Profilebaba is not responsible for unsatisfactory or delayed performance of services or damages, if any incurred during service.
- Profilebaba does not make any kind of warranties or representation on delivery, service, quality, suitability and availability of services on this Platform.
- Profilebaba shall not be responsible for any loss or damage whatsoever that may be suffered or any personal injury that may be suffered to a User, directly or indirectly by use or non-use of services mentioned on this Platform.
- Prices mentioned (if any) on this Platform are subject to change. Users are advised to check with Service Provider for the final price and additional charges applicable, if any. Users does hereby agree to absolve Profilebaba from all/any dispute in relation to price of services.
You hereby approve and / or authorise Profilebaba to take such measures as are necessary for security purposes and / or improving the quality of services and / or to enhance and provide better Service Provider services to the satisfaction of the User. The User hereby disclaims his right to prevent and/ or proceed against Profilebaba in relation to the same.
SELF SERVE PORTAL
Access and use of the Self-serve' portal service and related facilities (hereinafter for the sake of brevity referred to as 'Self-Serve Service') is subject to following terms. Please read these terms carefully before using the services.
Usage of Self-serve Service
It is your responsibility to check this page from time to time for updates or changes in terms and conditions.
Description of service:
Self-Serve Service assists the Service Provider to automatically list his business under the Platform. Profilebaba provides its need fulfilment platform as a service to enable its Users to connect with each other or to connect with businesses in their city. Profilebaba provides the Platform and enables the Users to find Service Providers/book services. Profilebaba does not endorse any particular business and does not guarantee quality, reliability or capability of a business.
You may not post or list any service offerings that is restricted or prohibited by a state or local legislation or rule in India or other applicable jurisdictions. You, as the Service Provider, are responsible for ensuring that you are not posting an item that is prohibited by law in any jurisdiction...
Service offerings that are prohibited by laws, regulations, sanctions and trade restrictions in India or any applicable jurisdiction are strictly forbidden in the Platform. Profilebaba as an entity prohibits and does not espouse or encourage usage of the Platform for posting of service offerings which directly encourages any illegal activities, any pornographic material or items that are sexual in nature, any service offerings that promote hatred, violence, racial or religious intolerance. It is your responsibility to determine whether the service offering of any listed item is authorized by law, statute, or regulation. Without limitation, the following service offerings may not be sold or listed on the platform to make firearms, explosives, and ammunition; alcoholic beverages; tobacco products; service offerings of food that is not packaged or does not comply with all applicable laws; pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods that infringe or otherwise violate another party rights, including copyright, patent, trademark, and rights of publicity and privacy; goods / services that are, in Profilebaba's discretion, indecent, obscene or pornographic; registered or unregistered securities; goods/services which you do not have the legal right to sell /perform; goods which are misrepresented or which do not in fact exist; goods / services which, if sold via the Platform, would cause Profilebaba to violate any law, statute or regulation. The above list of service offerings prohibited under the Platform is only illustrative and shall not be considered as exhaustive in nature. The list shall be updated on a continuous basis.
If you are unsure about the service offering you wish to list with the Platform in regard to its appropriateness or legality, please contact our Customer Services department by dropping an email to email@example.com.
Subject to your compliance with this Terms and Use, Profilebaba grants you limited, personal, non-exclusive, revocable, non-assignable and non-transferable right to use " Self-Serve " product and list your business along with service offering on the Platform.
You must not:
- Adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use Self-Serve Service or any content on or from the Platform for any purposes other than for declared commercial purposes.
- Use Self-Serve platform in any manner and in any way that is designed to create a separate service or that replicates any part of service offering in the Platform.
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person or entity.
- Collect or attempt to collect personal data, or any other kind of information about other users, without prior written consent of the user.
- Violate, circumvent or attempt to violate or circumvent any data security measures employed by Profilebaba.
As a Service Provider you agree to list the business information and service offerings in the right category and accurately describe the service offerings. You must be at least 18 years of age and possess the legal authority to enter into this Agreement and to use the Self-Serve Service in accordance with all Terms & Conditions herein. If you are listing your business offering using the Platform, you further warrant that you have legal authority to enter into other binding & selling agreements for the purchase or sale of goods/services. You agree to be financially responsible for all of your use of the Self-Serve Service (as well as for use of your account by others, including without limitation minors living with you). You also warrant that all information supplied by you or members of your business and / or household in using the Platform, including without limitation your name, email address, street address, telephone number, credit card number (when required), and items listed under your service offering, their description and price offered ( when required) is true and accurate. You may be required to provide certain business & government documents that will be used to authenticate your listings. You declare that the documents submitted are true and correct.
You shall be courteous and treat Users of the Platform with dignity and respect. You hereby agree that Profilebaba at its discretion is entitled to unilaterally remove your listing from the Platform without any liability and take appropriate action against you , in case of User complaint on complicit or derogatory treatment.
Profilebaba disclaims any and all responsibility or liability for any harm resulting from your use of third party Services, and you hereby irrevocably waive any claim against Profilebaba with respect to the content or operation of any third party services.
Using our Self-Serve Service does not give you ownership of any intellectual property rights in our Self-Serve Service or the content you access. These terms do not grant you the right to use any branding or logos used in our Services.
In the event you discover that service offering or any other information is wrongly attributed to a particular business and requires amendment, then you may please notify the same to us in writing with following details:
- Your name and address as provided in acceptable Identity / address proof provided by any Government of India or State Government.
- Statement explaining in detail, why service offering / other information attributed to a business is wrong and requires correction.
- The details of changes to be made in the Platform.
- A statement by you that you in good faith believe that the amendments suggested if incorporated shall reflect correct service offering/ information against the business.
- A statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the respective business.
Your notice should be sent to us in writing:
By email to firstname.lastname@example.org
Profilebaba shall verify the request and make earnest efforts to rectify the errors within reasonable time.
Profilebaba does not warrant that Self-Serve Service clearly represents the capabilities of the business nor shall it be construed as a mechanism to rank the business in the order of their quality and performance.
You hereby agree to indemnify, defend and hold harmless Profilebaba, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
- Any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Profilebaba.
Profilebaba reserves the right to cancel any listing at any time, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause. Profilebaba reserves the right of removing the profiles of people/ entities who register with bogus addresses, telephone, and fax information. Profilebaba reserves the right of removing the web mail of people who get involved in using web mail for Nigerian frauds.
As a Service Provider, you agree that Users may comment on their experiences with you in the feedback and reviews section of Profilebaba and you release Profilebaba and its Users from any liability for any comments.
As a Service Provider, by signing in this Platform you hereby unconditionally consents to receive calls / SMS's from Profilebaba in accordance with the 'Do not disturb' guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad. Profilebaba further reserves the right to send emails and SMS's related to any order / communication by the User / Service Provider ( Service Provider) on the Platform and the User / Service Provider agrees that the same will not tantamount to spam.
You hereby agree that, at no time shall Profilebaba have any obligations or liabilities in respect of any/all transaction(s) entered between the User and Service Provider. Profilebaba shall not responsible or liable for cancellations of bookings received from any User. It is the responsibility of the Service Provider to verify the details provided by the User during booking. Profilebaba is only a platform that communicates the inputs of the User to the Service Provider.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Profilebaba and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
FAILURE OR DELAY IN SERVICES BY THE SERVICE PROVIDER
Profilebaba (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. Profilebaba shall have no responsibility to provide you access to this Platform while interruption of this Platform is due to any such cause shall continue.
You hereby agree to indemnify, defend and hold harmless Profilebaba, its owner, licensee, subsidiaries, successors, assigns and their respective office affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
- Any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Profilebaba
- If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Profilebaba and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
CODE OF CONDUCT FOR SERVICE PROVIDERS / USERS
These terms are in addition to and must be read in consonance with the terms mentioned above under the head 'Accessing & transmitting Platform's Content'
Private communication, including email correspondence, is not regulated by this Platform. Profilebaba encourages its Users to be professional, courteous and respectful when communicating by email. However, Profilebaba will investigate and can take action on certain types of unwanted emails that violate this Platform's policies.
Communications may be intercepted for security purposes including but not restricted national interest.
You should be vary of any phishing filter, spam mails, email soliciting, and exchange of money for inheritance or cross-border access of funds.
Threats of bodily harm - this Platform does not permit Users to send explicit threats of bodily harm.
- Misuse of Profilebaba System - This Platform allows Users to facilitate transactions through the Profilebaba system, but will investigate any misuse of this service.
- Spoof (Fake) email - this Platform will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to us through 'Contact Us' tab.
- Spam (Unsolicited Commercial email) - This Platform's spam policy applies only to unsolicited commercial messages sent by its Users. This Platform Users are not allowed to send spam messages to other Users.
- Offers to buy or sell outside of this Platform - This Platform prohibits email offers to buy or sell listed products outside of the platform. Offers of this nature are a potential fraud risk for both Buyers and Sellers.
- This Platform's policy prohibits User-to-User threats of physical harm via any method including, phone, email and on our public message boards.
Violations of this policy may result in a range of actions, including:
- Limits on account privileges
- Account suspension
- Cancellation of listings
- Loss of special status
Use of any physical force against the employees Profilebaba
No person shall subject the directors, employees, affiliates, agents, representatives or subcontractors of Profilebaba to any physical harassment, intimidation, threats, coercion, confinement or use of criminal force, during the course of their business or in connection with the business. Any such act would lead to an automatic cancellation of any current and/or pending transaction being done by such person through this Platform. . This shall be in addition to and without prejudice to all our further remedies at law.
LIMITATION OF LIABILITY
In no event shall Profilebaba, be liable for any direct, indirect, incidental, special, punitive, consequential damages, or any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:
- The use or the inability to use our services or access Content;
- The cost of procurement of substitute goods and services resulting from transactions entered into through or from this Platform;
- The unauthorised access to or alterations of your transmissions or data;
- Statements or conduct of any third party on the service;
- Any other matter relating to the service, even if Profilebaba, has been advised of the possibility of damages.
VOID WHERE PROHIBITED
Although this Platform is accessible worldwide, not all products or services discussed or referenced on this Platform are available to all persons or in all geographic locations or jurisdictions.
Unless otherwise specified, the material on this Platform is presented solely for the purpose of sale in India. This Platform makes no representation that materials on this Platform are appropriate or available for use in other locations/countries other than India. Profilebaba reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on this Platform is void where prohibited.
In addition, Profilebaba makes no representation that materials on this Platform are appropriate or available for use in locations outside India; therefore, accessing those materials from territories where they are illegal is prohibited. Those who choose to access this Platform from locations outside India do so on their own initiative and are responsible for compliance with local laws.
Profilebaba, reserves the right to discontinue in whole or in part any portion of this Platform services or programs with or without notice.
- All rights to the Platform material not expressly granted herein are reserved.
- Third party merchants and advertisers: You acknowledge that Profilebaba does not control the performance of merchants or advertisers that appear on this Platform. Therefore, if you choose to purchase a product or service, you release us from any and all claims you may have regarding the third party's failure to deliver or perform.
CONTACT DETAILS SUBMITTED ON FORMS
By submitting this form, you authorise Profilebaba to contact you at the telephone number or email provided for this inquiry, even if you have previously registered on a Do Not Dial registry or requested Profilebaba or its agents to not send marketing or other information by phone or email. You agree we may use an auto-dialler to reach you. You understand that you are required to consent to receiving autodialled calls / messages / texts as a condition of procuring or using any this Platform products or services. You authorise and request this Platform to send you relevant and responsive ads and business listings that appear on the site to match your search and need.
If you do not wish to authorise Profilebaba to contact you in this manner, you will need to call 6000 4050 to complete your request.
The User / Service Provider by signing in this Platform hereby unconditionally consents to receive calls / SMS's from Profilebaba in accordance with the 'Do not disturb' guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad. Profilebaba further reserves the right to send emails and SMS's related to any order / communication by the User / Service Provider on this Platform and the User / Service Provider agrees that the same will not tantamount to spam.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit member referrals on terms that may differ from those contained in this Agreement. You have independently evaluated the desirability of participating on this Platform or its programs and are not relying on any representation, guarantee or statements other than as set forth in this Agreement.
Please read the following Terms and Conditions which are applicable to your use of this Platform.
- Profilebaba has no involvement in the actual transaction between User and Service Provider. This Platform does not have any control over the quality, safety, or legality of items advertised, the truth or accuracy of the listings, the ability of Service Providers to actually sell items they list, or the ability of Users to actually buy items. Please remember that there are risks in dealing with people you do not know, and that this Platform has no control over such risks.
- All transactions on this Platform are on principal to principal bipartite contractual obligations between the Service Provider and User. Profilebaba is not / does not hold out itself as an agent / employee of any Service Provider or User or any other individual or entity availing the facilities of Profilebaba. Profilebaba is merely a facilitator and does not act as a part to the transaction.
- Service Provider shall indemnify Profilebaba, its agents, employees, directors, officers and affiliates from all refunds or warranties, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with listings, completed or incomplete transactions, or services offered or actually delivered.
- You must be at least 18 years of age and possess the legal authority to enter into this agreement and to use the Services in accordance with all Terms & Conditions herein. If you are using the Service, you further warrant that you have legal authority to enter into other agreements for performance of services. You agree to be financially responsible for all of your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You also warrant that all information supplied by you or members of your business and / or household in using the Services, including without limitation your name, email address, street address, telephone number, credit card number (when required), and if you are selling goods, all information about your listed goods, is true and accurate.
- You warrant that you will abide by all such additional procedures and guidelines, as modified from time to time, in connection with your use of the Services. You further warrant that you will comply with all applicable laws and regulations regarding use of the Services. Without limitation, by listing an item for sale, you warrant that you have the legal right to sell the item.
- You shall not collect personal data and other information for commercial or unlawful purposes.
- As a Service Provider, you agree to list your items in the right category and to accurately describe the items you are selling.
- It is your responsibility to determine whether the purchase or sale of any listed item is authorised by law, statute, or regulation. Without limitation, the following items may not be sold or offered for sale on the this Platform - firearms, explosives, and ammunition; alcoholic beverages (except if you are reselling an alcoholic beverage that was initially purchased from a retailer and is still in its original container and it is legal to deliver into the jurisdiction where the User lives); tobacco products; food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods that infringe or otherwise violate another party rights, including copyright, patent, trademark, and rights of publicity and privacy; goods that are, in this Platform's discretion, indecent, obscene or pornographic; registered or unregistered securities; goods which you do not have the legal right to sell; goods which are misrepresented or which do not in fact exist; goods which, if sold via the services, would cause this Platform to violate any law, statute or regulation.
- Profilebaba reserves the right to cancel any listing at any time, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause. This Platform reserves the right of removing the profiles of people who register with bogus addresses, telephone, and fax information. Profilebaba reserves the right of removing the web mail of people who get involved in using web mail for Nigerian frauds.
- The Service Provider agrees and acknowledges that the information provided by him regarding his services is true and correct. Such information cannot be changed except with the prior intimation to and consent of Profilebaba.
- As a Service Provider on this Platform you agree that Users may comment on their experiences with you in the feedback and reviews section of this Platform and you release this Platform and its Users from any liability for any comments.
- Profilebaba may provide Service Providers with a Business Virtual Number ("BVN"). BVN shall be governed by the same terms and conditions as are provided for a UVN. The Service Provider authorises that the calls made in relation to any / all transactions using the platform may be recorded for training and quality purposes including dispute resolution, service assurance, betterment of Profilebaba's services, security purposes and other business purposes of Profilebaba. The Service Provider disclaims and / or abandons any right to sue in relation to the same.
- The User / Service Provider by signing on this Platform hereby unconditionally consents to receive calls / SMS' from this Platform in accordance with the 'Do not disturb' guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad. Profilebaba further reserves the right to send emails and SMS's related to any order / communication by the User / Service Provider on this Platform and the User / Service Provider agrees that the same will not tantamount to spam.
- Both User and Service Provider hereby agrees that, at no time shall this Platform have any obligations or liabilities in respect of any/all transaction(s) entered between the User and Service Provider. Profilebaba shall not responsible or liable for cancellations of bookings received from any User. It is the responsibility of the Service Provider to verify the details provided by the User during booking. This Platform is only a platform that communicates the inputs of the User to the Service Provider.
- 16. Profilebaba shall not responsible for any discrepancy in the details provided by the Service Provider such as bank details and proofs. The Service Provider accepts the entire responsibility of ensuring the correctness of the details provided. Profilebaba will process the payments according to the information provided and will not be liable for any loss incurred by the Service Provider due to incorrect details. Both User and Service Provider do hereby agree to indemnify and hold Profilebaba and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the terms.
- In no event shall Profilebaba be liable to both User and Service Provider on account of booking, use, misuse or reliance on the portal: for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from [a] the use or the inability to use our services or access Content, [b] the cost of procurement of substitute goods and services resulting from transactions entered into through or from this Platform, [c] the unauthorized access to or alterations of your transmissions or data, [d] statements or conduct of any third party on the service, or [e] any other matter relating to the service, even if this Platform, has been advised of the possibility of damages arising out of or connected with the use (or inability to use) or performance of the portal, reliance upon or performance of any material contained in or accessed from any portal. Profilebaba does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product or process disclosed on the portal or other material accessible from the portal.
Your password should be a combination of alphabets and at least one number and a special character. You are solely responsible for actions taken under your password, and should not disclose it to anyone else. You cannot use your password for any unauthorised purpose.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances and regulations concerning your participation in this Platform.
You agree not to make use of anyone else's information concerning this Platform's market places other than as necessary to participate on this Platform and to complete any transactions in which you are involved.
OWNERSHIP OF DATA
RIGHTS TO TERMINATE
You agree that Profilebaba, in its sole discretion, may terminate any use of the Service / delete the listing immediately and without any prior notice.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Profilebaba and any User / Service Provider of the Platform.
If at any point of time Profilebaba finds that the information provided by you in your registration or web mail is false, Profilebaba reserves the right to terminate your account.
FREE LOOK PERIOD
REFUND OF TRANSACTION PAYMENT - SERVICE PROVIDER
Profilebaba refund policy:
Profilebaba is not obligated to refund to you any amounts or fees paid by you while placing the order, except solely in the event you rescind or terminate your subscription within the ‘seven days from the date of activation of campaign following your agreement to purchase a service package. You authorize Profilebaba to charge you for any sales or similar taxes that may be imposed on your payments, lead fees, or any other fees charged by Profilebaba :
In case of any rejected, non-activated campaigns, Profilebaba will make best effort to process the refund within a period of 15 days (Fifteen days) from date of clearance of payment. In case of a refund of the amount paid under advance renewals, Profilebaba will not be under any obligation to process refund requests initiated after 15 days ( fifteen days) from the date of clearance of payment.
For activated campaigns, refund will be processed as follows:
- Profilebaba, subject to terms and applicable polices shall offer complete available amount towards refund to the customer if the refund request is raised within 7 days from the date of activation of this campaign.
- Profilebaba will offer a refund in the first 30 days of the campaign, after deducting only the:
- Amount consumed amount under the Campaign (Inclusive of MPC & Service delivered charges).
- Cancellation Charges and applicable taxes and
- Bonus amounts, if any.
- No refund requests shall be accepted by the company, after completion of 30 days from the date of activation of the campaign
All refunds, wherein the refund requests are raised within thirty days from the date of activation of campaign will be processed through cheque except for payment made via cards or net banking, in such cases, refund will be processed to the Service Providers’ card account / bank account. In any case should you in any manner wrongfully or illegally detain any director, employee, affiliate, agent, representative or subcontractor of Profilebaba, we shall be constrained to take all such actions including cancellation of the refund process. Any refund will stand forfeited without any further reference to you. This shall be in addition to and without prejudice to all our further remedies of law.
APPLICABLE LAW AND DISPUTE RESOLUTION
If any dispute, controversy or claim arises out of, or in relation to, or in connection with this Agreement or its termination or validity, the parties shall attempt to mutually resolve the same through mediation.
However, if the parties fail to resolve the above dispute within a period of 30 days, the same shall be referred to arbitration under the Arbitration and Conciliation Act, 1996.
The arbitration shall be conducted by a sole arbitrator, appointed by Profilebaba. The place of arbitration shall be in Delhi, India and it shall be conducted in English.
The award of the arbitrator shall be final, conclusive and binding upon the parties
The courts in Delhi shall have exclusive jurisdiction in relation to any dispute arising between the User and the Service Provider with Profilebaba.
The User and Service Provider agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this Platform or these Terms and Conditions must be filed within one (1) year. Any claim or cause of action which may arise or is filed after a period of one year from the date of transaction shall not be entertained and shall be barred.