1. INTRODUCTION

This document constitute a legally binding Agreement between the Trust and the Advertiser advertising their Services on the Website (https://www.trstskills.org). By entering into this Agreement theb Advertiser hereby agrees to the Terms and Condition set forth. Any breach of the Terms and conditions of the Agreement shall terminate the Agreement between the Trust and the Advertiser. The Services are displayed on the Website by Teri Rehmeet Skills Trust, a Trust (Hereinafter referred to as  “Trust”) constituted under the Indian Trust Act 1882 and having its registered office at 666/A, Saran School Road, Jwahar Colony, Faridabad (Haryana) 121005. The Trust carries on the business of providing Services to the End Users. The Website is a search service providing End User with the variety of Services displayed on the Website. The Trust here acts as a medium where it connects the Advertiser with the customer or general public providing them with the Services listed on the Website. The sole purpose of the Website is to serve as a quicker guide for the customers to reach out to the Advertiser as and when required.

2. INTERPRETATION

“ADVERTISER” shall refer to mean the Service Providers like electrician, plumber, etc listing their name along with contact details on the Website.

 “TRUST” shall refer to mean Teri Rehmeet Skills Trust Listing Services on their Website.

“CONTRACT” shall refer to mean the agreement entered into by the Advertiser and the Trust.

“END USER” shall refer to mean the customer availing Services listed on Website by the Trust.

“FEE” shall refer to mean the payment made by the Advertiser for listing their Services on the Website.

“SERVICES” shall refer to mean any Services which include but not limited to unskilled, skilled, semi-skilled or professional services  provided by the Services Provider and listed on the Website.

“SERVICE FEE” shall refer to mean the payment made by End User to the Advertiser.

“SERVICE PROVIDER” shall refer to mean the persons displaying their Services on the Website.

“WEBSITE” shall refer to mean both the Website and Mobile Application where goods and Services are listed.

“YOU, YOURSELF, AND YOUR” shall refer to mean the Advertiser displaying Services on the Website.

3. ADVERTISER

Advertiser include  businesses, enterprises, companies, partnership firms, Limited Liability Partnerships and individuals who listits Services on the Website for the End User. The Advertiser has agreed to enter into this Agreement with the Trust whereby the Website act as an intermediary between End User and Advertiser. The Website displays Services offered by the Advertiser for the End User. The Trust thereafter depending on the request submitted by the End User share the name and contact details of the Advertisers. The Trust does not endorse, Market and Promote the Advertisers and does not guarantee any business to the Advertiser. The Website is merely a medium to connect Advertiser with the End User.

4. INFORMATION PROVIDER

The Website disseminates information of the Advertiser who agrees to list their Serviceson the Website and mobile app by entering into this Agreement. The End Users can browse the variety of Services displayed on the Website. The End User depending upon its requirement can choose the Services. After choosing Services the End User will be provided with the contact details of the Advertiser falling under the category of those Services. The End User also has the option of calling the Customer Care Executive of the Trust who will provide the End User with the Contact Detail of the Advertiser. The Company at its sole discretion can cease providing information on any of the above method or provide information over new or other medium or modify the manner in which the existing information is disseminated to the End User on the Website. The Advertiser will not have any right to intervene in such cases.

5. LISTING FEE

1. The Advertiser agrees to pay the Trust a sum of Rs.13000/-(Rupees Thirteen Thousand only) for listing their Services on the Website. The Listing Fees shall be paid by the Advertiserbefore or at the time of entering into this Agreement. The payment made shall be applicable for oneyear (365 days) only. After completion of one year the agreement will cease to exist between the Trust and Advertiser. The Advertiser may renew the Contract by intimating the Advertiser in advance however the Contract shall be renewed only after payment of requisite Fee.It is cleared that INR 13,000/- (Rs. Thirteen Thousand Only) same amount will provide listing of Services on the Website. Additional INR 5000/-(Rupees Five Thousand Only) will provide a separate page to the Advertiser for listing its Services on the Website.

1. Fee for listing Services on the Website:Fee can be paid yearly, half yearly or quarterly basis. The Advertiser has the option of paying full amount and display their Services for the entire year as well.

• The Advertiser also has the option of listing its Services for a period of six month by paying the Listing Fee on half yearly basis. In such circumstances the Advertiser shall pay INR 8000/-(Rupees Eight Thousand Only.) for listing their Services for a period of six month.

• The Advertiser may also opt to pay for listing its Services on quarterly basis. The Services will be listed on the Website for a period of three months. The Advertiser shall pay INR 4000(Rupees Four Thousand only) for listing its Services for a period of three month.

6. PAYMENT MODE

1. The Advertiser shall make advance payment of Fees to the Trust for listing its Service on the Website. The Trust does not encourage cash payment by the Advertiser. The Advertiser can make the payment of service Fee by way of following mode:

The Advertiser shall make payment of the Fees to activate their account with the Trust. However, any delay in the payment of Fees will delay the activation of your account with the Trust. In that case Company will not be liable for such delay

The Advertiser hereby agrees that if it makes payment via such mode mentioned in clause 6(i)(b) of the terms. Any dishonor of payment will attract provision of section 138 Negotiable Instrument Act 1881. The Advertiser shall also be liable to make the payment with the interest 18% per annum.

7. EFFECT OF NON-PAYMENT

After completion of one year if the Advertiser fails to make the payment of Fee to the Trust for further display of Services on the Website, the Agreement shall be terminated with such Advertiser and the Trust reserve its right to remove the listing of theServices provided by theAdvertiser from the Website with immediate effect. The Trust will not give any prior intimation to the Advertiserabout any such removal. The listing will not be restored until further Feefor the subsequent year is paid by the Advertiser.The Advertiser acknowledges that the Trust will suspend the Services and remove the name, information and any other detail of such Advertiser from the Website in case of non-payment for renewal of Fees.

8. INFORMATION TO THE END USERS

 The Trust shall provide all relevant information to the End User for their convenience. The End Users has to identify the Services and category under which they choose the Advertiser. For this the End Users are provided with all the relevant information about the Advertiser. However, it shall not restrict the Trust from providing the End Users with information about the Advertiser in terms of Priority. The Trust does not entertain any request of promoting anyServices displayed on the Website by the Advertiser.

9. NO OBLIGATION

1. The Trust is under no obligation to bring business to the Advertiser by displaying its Service on the Website. The Website acts as an intermediary where Services are displayed for the End User. The Trust makes it clear any leads created by it or enquiries made by the End User may not necessarily convert into the business for the Advertiser.

1. The Trust is under no obligation to advertise,promote, or endorse the Advertiser.

10. INDEMNITY

1. The Advertiser shall indemnify and hold harmless Trust, its affiliate, director, employees, agent from loss or damage, including attorney fee, arising out of any claim made by third party including End User arising out of any action or inaction of the Advertiser, its employee, agent but not limited to Intellectual Property Right infringement, consumer complaints, deficiency of Service or any false or wrong information provided by the Advertiser to the Trust..

11. CONFIDENTIALITY

1. The Advertiser shall keep all the information provided by the Website of the End Users confidential. The Advertiser shall not disseminate their information to any other Trust or any telemarketing Trust for the purpose of making business out of it. The Advertiser is prohibited from contactingthe End Users for the purpose of any commercial activity other than for the Service specifically advertised on the Website.

12. ADVERTISERS’ OBLIGATION

1. The Advertiser represents and warrants:

1. The Advertiser is a running a business only in relation to the Services displayed by it.
2. The Advertiser hereby authorizes the Website to use its Trade Mark or any other Intellectual Property Mark to display it on its Website.
3. By displaying itsServices on the Website, the Advertiser is not breaking or acting in contravention of law for the time being in force.
4. The Advertiser shall be solely responsible for the information displayed by the Website on behalf of the Advertiser. The Advertiser does not modify or alter the information provided to Trust. The Advertiser shall be responsible for any incorrect information provided by the Advertiser.
5. It shall keep the Trust updated about any change in details of theService offered by the Advertiser. The Advertiser shall be bound by the explanation or description of the Service provided by it on the Website. Anything contrary to the description shall attract action against the Advertiser. Any dispute arising out of such false description shall be dealt separately between the Advertiser and End User.
6. The Advertiser is required to produce all the relevant document required to run a business which shall not restrict to trade license, tax registration,, Voter ID, Aadhar Card, or any other Identity Proof as and when required.
7. It is agreed by the Advertiser that during the term of this Agreement and even after the termination of this Agreement the Advertiser shall not use the Leads given by the Trust for any commercial purpose and shall not forward it to anyone with a view to gain profit out of it.
8. The Advertiser shall not induce the End User to divert or reduce its relationship with the Trust.
9. It is clarified that irrespective of whether the Advertiser has registered its entity’s or firm contact numberin the Do not Call registry of Telecom Regulatory Authority of India or any other statutory body of India, upon signing and acceptance of this Contract the Advertiser has given its consent and authorized the Trust to share Advertiser’s contact number for business and promotional purposes with users of the Service. Further the Advertiser by signing and accepting the terms of the Contract has given its consent to the Trust to contact him for any business promotion of the Trust. The Advertiser confirms that the Trust shall be at liberty to carry out all the obligations under taken under the Contract. The Advertiser also undertakes to all such measures as may be necessaryto ensure that the End User do not encounter any difficulty in contacting the Advertiser. In the Event the End User are unable to contact the Advertiser it would not be deemed to deficiency in the Services rendered by the Trust.
10. The Advertiser undertakes to Comply with all the present and future TRAI regulation or regulations of any other regulatory bodies the subject matter covered under this clause and would ensure that the End User of the Website will not face any difficulty in contacting the Advertiser or for the purposes of entering into this Contract.

13. USE OF THE WEBSITE

The Advertiser hereby undertake that your use of Website shall be governed by the following guideline:

The Advertisershall not display, upload, modify, publish any informationwhich misrepresents your Services or whichbelong to another person. The Advertiser shall not display anything which hurts the religious sentiments of the people of this country and which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelousor against any law for the time being in force. The Advertiser shall not display any misleading information on the Website. The Advertiser shall not use the Website in such a way that it becomes offensive to the offline community like posting sexually explicit content. The Advertiser shall refrain itself from harassing any person through the use of Website. The Advertiser shall not do any activity that constitutes a crime under Information Technology Act 2000. However if such act is committed by the Advertiser the Trust shall not be liable for that and will be dealt according to the applicable laws between the offender and victim. The Advertiser shall not endorse,promote any illegal activity nor shall commit any act punishable by law. The Advertiser by its act shall not infringe upon or violates any third party rights including but not limited to Intellectual Property Right or Privacy Rights. The Advertiser shall not indulge inany illegal activity such gambling,buying or selling weapons, violating someone’s privacyor providing or creating viruses. The Advertiser shall not indulge in any illegal trade on the Website without Trust’s prior consent like contestpyramid scheme etc. The Advertiser shall not in any way infringe anyone’s Patent, Trade Mark, Copyright or any other proprietaryrights. TheAdvertiser shall not impersonateany other person for the purpose of misleading the customer.

14. SERVICE FEE

15. LIMITATION OF LIABILTY

To the fullest extent permitted by law, the Trust disclaims all warranties, express or implied includingwithout limitation for Non-infringement, merchantability, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, the Trust disclaims all guarantees regarding accurate listing of the Advertiser. Advertiser understands that there may be error in such postings. Neither Advertiser nor the Trust will be liable for any consequential special, indirect, exemplary or punitive damage (including with or without limitation of loss of profits, revenue, interest, goodwill) whether in Contract, tort (including negligence) or any other legal theory even if advised of the possibility of such damage and notwithstanding anyfailure of essential purpose or of any remedy except for Advertiser’s Indemnification obligation. The Trust is not liable for any claim owing to misrepresentation of the information pertaining to the Advertiser so long as the information exhibited/communicated by the Trust conforms to the information made available by the Advertiser or its Authorized Representative.

16. TRADEMARK, COPYRIGHT AND RESTRICTION

This Website is controlled and operated by the Trust. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

17. TRADEMARK COMPLAINT

The Trust respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to the Trust at [Insert email id]  info@trstskills.org 

The Advertiser confirms that the Trust will not be responsible for any matter/dispute between End User and Advertiser including but not limited to transaction entered into between such End User and Advertiser. To the fullest extent possible applicable by law the Advertiser shall not hold Trust or its affiliates for any indirect, consequential loss arising out of the act of the End User.  The Trust hereby declares that the Trust does not verify the information provided by the Advertiser and the identity of the End Users using such Services. If the Trust receives complaints from the End Users against the Advertiser, the Trust reserves its right to immediately discontinue its association with the Advertiser and terminate the agreement.

• TERMINATION

1. The Advertiser can terminate the Contract with the Trust by giving three month prior notice by E-Mail or Registered Post and prior to renewal of Contract stating its intention to terminate the Contract at the following address:
   1. Name: Harmeet Kaur
   2. Address: 666/A Saran School Road, Jawahar Colony, Sector –22, Faridabad (Haryana) 121001.
   3. E-mail ID:  info@trstskills.org 

1. The Trust can terminate the Contract with the Advertiser by giving three days prior notice to the Advertiserwithout cause.

• The Trust reserves its right to immediately terminate the Contract if the Advertiser is found to be in material breach of this Agreement or has violated any of the policy guidelines.

1. In any case if the Trust has any other difficulty in continuing the Contract with the Advertiser. The Trust shall terminate the Contract with the Advertiser.

1. Upon termination of the Agreement, either by efflux of time or determination under this Agreement, any balance of the deposit placed by the Advertiser, if any, shall be retained by the Trust. Under no circumstances, shall the Advertiser shall be entitled to claim any refund of any amount paid to the Trust for listing or otherwise.

• AMENDMENT

The Trust reserves its right to change the Terms of Contract whenever it requires. The Trust is under no obligation to give any prior notice of that. Such change will come into effect the day it is displayed on the Website.

• TAXES

The Trust is entitled to charge all the necessary and Applicable taxes on the Advertiser that may be imposed on the Serviceof the Advertiserforlisting of advertisement on the Website. The Advertiser also agree that if such taxes are not charged by the Trust then the Advertiser shall pay all such necessary Taxes to the Authorities Concerned without raising any objection.

• ARBITRATION

1.1 All disputes and differences arising out of or in connection with this Agreement shall be settled by arbitration in accordance with the Rules of Arbitration of the Access or Justice Institute, and the award made in pursuance thereof shall be binding on the parties. The parties agree that the arbitration proceedings shall be conducted by way of submission of written pleadings, documents and submissions made by the parties without any oral hearing. The parties agree that the written pleadings will be submitted to the Arbitral Tribunal appointed by the said Institute who will resolve the dispute and differences hereunder by fast track procedure. The Arbitral Tribunal shall take a decision in a time bound manner after considering only such written arguments. The decision or award so given by the Arbitral Tribunal shall be binding on the parties hereto. In case, one of the parties does not take part in the arbitration proceedings and/or obstruct the arbitration proceedings, the Arbitral Tribunal shall pass ex parte order which would be enforceable on both the parties. For any issue with the Arbitral Award, the courts in District Faridabad Haryana shall have exclusive jurisdiction to handle any such issues.

• WAIVER

If the Advertiser breaches these Terms of Agreement and the Trust takes no action, The Trust shall still be entitled to use its rights and remedies in any other situation where you breach these Conditions of Use. The Trust shall not give prior intimation of such action to the offender.

26.GOVERNING LAW

These Terms of Agreement shall be governed by and construed in accordance with the law of India and you hereby submit to the exclusive jurisdiction of the District Faridabad State Haryana courts.

27. ENTIRE CONTRACT

These Terms, including any Annexures, along with the Contract Form hereto forms a single Contract between the Parties hereto and constitute the entire understanding between the parties with regard to subject matter hereof and supersede any other Contract between the parties relating to the Subject Matter thereof.