Terms and Conditions & Privacy Policy

TALOCARE TERMS AND CONDITIONS

This Terms of Use agreement was last updated: August 2nd 2018. This Terms of Use agreement is effective as of: August 2nd 2018.

Talo care, primarily operates, controls and manages the Services (as defined below) provided by it from its corporate office at Ward No.: 11, opposite of Saraswati School, Market Panipat Haryana.

  1. Acceptance of Terms

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. The terms and conditions set forth below (“Terms of Use”) and the Privacy Policy (as defined below) constitute a legally-binding agreement between Talocare operating from its Panipat Corporate Office and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the Talocare  Website & Mobile Applications  and mobile application, including the classified advertisements, forums, various email functions and Internet links, and all content and Talocare  services available through the domain and sub-domains of Talocare  located at www.Talocare.in (collectively referred to herein as the “Website & Mobile Applications “), and (ii) the online transactions between those users of the Website & Mobile Applications  who are offering services (each, a “Service Professional”) and those users of the Website & Mobile Applications  who are obtaining services (each, a “Service User”) through the Website & Mobile Applications  (such services, collectively, the “Services”). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website & Mobile Applications , including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Website & Mobile Applications .

The Website & Mobile Applications is owned and operated by Talocare.

You acknowledge that the Website & Mobile Applications  serves as a venue for the online distribution and publication of user submitted information between Service Professionals and Service Users, and, by using, visiting, registering for, and/or otherwise participating in this Website & Mobile Applications , including the Services presented, promoted, and displayed on the Website & Mobile Applications , and by clicking on “I have read and agree to the terms of use,” you hereby certify that: (1) you are either a Service Professional or a prospective Service User, (2) you have the authority to enter into these Terms of Use, (3) you authorize the transfer of payment for Services requested through the use of the Website & Mobile Applications , and (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website & Mobile Applications. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website & Mobile Applications immediately.

YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE & MOBILE APPLICATIONS, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.

All references to “you” or “your,” as applicable, mean the person that accesses, uses, and/or participates in the Website & Mobile Applications in any manner. If you use the Website & Mobile Applications  or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and “you” and “your” herein shall refer to that business.

  1. MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

Talocare reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and Talocare will post the amended Terms of Use at the domain of www.Talocare.in/terms. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website & Mobile Applications following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website & Mobile Applications

  1. PRIVACY POLICY

Talocare has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Website & Mobile Applications is governed by the Privacy Policy.

  1. Membership and Accessibility
  2. LICENSE TO ACCESS

Talocare  hereby grants you a non-exclusive, revocable license to use the Website & Mobile Applications  as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website & Mobile Applications  in any medium without Talocare’s prior written consent; (ii) you will not alter or modify any part of the Website & Mobile Applications  other than as may be reasonably necessary to use the Website & Mobile Applications  for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

  1. MEMBERSHIP ELIGIBILITY CRITERIA

Use of the Website & Mobile Applications is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website & Mobile Applications and Services offered through this Website & Mobile Applications do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.

You need not register with Talocare to simply visit and view the Website & Mobile Applications, but to access and participate in certain features of the Website & Mobile Applications, you will need to create a password-protected account (“Account”). To create an account, you must submit your name and email address through the account registration page on the Website & Mobile Applications and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Talocare in providing you with a more customized experience when using the Website & Mobile Applications. You may also register for an Account using your existing Facebook account and log-in credentials (your “Third-Party Site Password”).

You are solely responsible for safeguarding your Talocare password and, if applicable, your Third-Party Site Password (collectively, “Passwords”) at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Talocare immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without Talocare’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website & Mobile Applications and/or the Services offered through the Website & Mobile Applications.

You hereby expressly acknowledge and agree that you yourself and not Talocare will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Talocare or others due to such unauthorized use.

An Account holder is sometimes referred to herein as a “Registered User.”

You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):

  • You will not copy or distribute any part of the Website & Mobile Applications in any medium without Talocare’s prior written authorization.
  • You will not alter or modify any part of the Website & Mobile Applications other than as may be reasonably necessary to use the Website & Mobile Applications for its intended purpose.
  • You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
  • You shall not use any automated system, including but not limited to, “robots,” “spiders,” “offline readers,” “scrapers,” etc., to access the Website & Mobile Applications for any purpose without Talocare’s prior written approval.
  • You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website & Mobile Applications  information or content, including but not limited to, use on a “mirrored”, competitive, or third party site.
  • You shall not in any way that transmits more request messages to the Talocare  servers, or any server of a Talocare  subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Talocare reserves the right to revoke these exceptions either generally or in specific cases.
  • You shall not recruit, solicit, or contact in any form Service Professionals or Service Users for employment or contracting for a business not affiliated with Talocare without express written permission from Talocare.
  • You shall not take any action that (i) unreasonably encumbers or, in Talocare’s sole discretion, may unreasonably encumber the Website & Mobile Applications’ infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website & Mobile Applications or any third-party participation in the Website & Mobile Applications; or (iii) bypasses Talocare’s measures that are used to prevent or restrict access to the Website & Mobile Applications.
  • You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website & Mobile Applications, nor to use the communication systems provided by the Website & Mobile Applications for any commercial solicitation purposes.
  1. ADDITIONAL POLICIES

Your access to, use of, and participation in the Website & Mobile Applications  is subject to the Terms of Use and all applicable Talocare  regulations, guidelines and additional policies that Talocare  may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that Talocare  publishes on the Website & Mobile Applications  (the “Additional Policies”). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, Talo care, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.

  1. Member Conduct
  2. PROHIBITIONS ON SENDING MESSAGES

You will not send messages to other users containing:

  • offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or
  • unsolicited advertising or marketing of a service not offered on the Website & Mobile Applications  or an external Website & Mobile Applications .
  1. PROHIBITIONS ON SUBMITTED CONTENT

You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website & Mobile Applications , including your profile (“Profile”), the posting of your Service (“Offer”), the posting of your desired Service (“Want”), or the posting of any opinions or reviews in connection with the Website & Mobile Applications , the Service, the Service Professional, or the Service User (“Feedback”) (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:

  • misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any Service Professionals; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 (“Minor”) in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;
  • invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
  • contains falsehoods or misrepresentations that could damage Talocare  or any third party;
  • is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
  • is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Talocare  all of the license rights granted herein;
  • contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right;
  • is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
  • intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on Website & Mobile Applications s or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a Talocare  employee, agent, manager, host, another user, or any other person though any means;
  • advertises or solicits a business not related to or appropriate for the Website & Mobile Applications  (as determined by Talocare  in its sole discretion);
  • contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
  • contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
  • distributes or contains viruses or any other technologies that may harm Talo care, or the interests or property of Talocare  users
  • contains links to commercial services or Website & Mobile Applications s, except as allowed pursuant to the Terms of Use;is non-local or irrelevant content;
  • contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of Talo care

 

  1. NO DISCRIMINATION
  2. Discriminatory Postings. Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. Talocare will not knowingly accept any Posting which is in violation of the law. Talocare has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.
  3. PROHIBITIONS WITH RESPECT TO SERVICES

While using the Website & Mobile Applications, you shall not:

  • post content or items in any inappropriate category or areas on the Website & Mobile Applications ;
  • violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;
  • fail to deliver payment for Services purchased by you, unless the Service Professional has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Professional’s identity;
  • fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User’s identity; manipulate the price of any Service or interfere with other users’ Postings;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to Talo care; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website & Mobile Applications  user);
  • take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website & Mobile Applications  or using it for purposes unrelated to the Website & Mobile Applications );
  1. FEEDBACK

As a participant in the Website & Mobile Applications, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.

  1. Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, Talo care, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.
  2. Reporting Inappropriate Use of Feedback. You may contact Talocare regarding any inappropriate use of Feedback via-email at support@Talo care.com.
  3. Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website & Mobile Applications concerning Feedback, Talocare shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE & MOBILE APPLICATIONS CONCERNING FEEDBACK, TALOCARE HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.

The foregoing lists of prohibitions provide examples and are not complete or exclusive. Talocare  reserves the right to (a) terminate your access to your Account, your ability to post to this Website & Mobile Applications  (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Talocare  determines is inappropriate or disruptive to this Website & Mobile Applications  or to any other user of this Website & Mobile Applications  and/or Services. Talocare reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that Talocare deems appropriate in Talocare’s sole discretion. Talocare may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Talocare’s discretion, Talocare  will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website & Mobile Applications  or on the Internet.Talocare  does not and cannot review every Posting posted to the Website & Mobile Applications . These prohibitions do not require Talocare to monitor, police or remove any Postings or other information submitted by you or any other user.

  1. Rules for Service Professionals
  2. PROFILES AND OFFERS MUST NOT BE FRAUDULENT

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering; (b) misrepresent the location at which they will provide a Service; (c) include brand names or other inappropriate keywords in their Profile, Offer, Want, Feedback, or any other title or description relating to a Service; (d) use misleading titles that do not accurately describe the Service; or (e) include any information in their Profile that is fraudulent.

  1. PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT TALOCARE FEES

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) offer a catalog or a link to a third-party Website & Mobile Applications  from which Service Users or any Registered User or user of the Website & Mobile Applications  may obtain the Service directly; (b) exceed multiple Posting limits; (c) post a single Service but offer additional identical services in the Service description; (d) charge fees for traveling further than desired to provide the Service; (e) offer the opportunity through Talocare  to purchase the Service or any other service outside of Talo care; (f) use their Profile page or user name to promote services not offered on or through the Website & Mobile Applications  and/or prohibited services.

In case we realize that any professional is involved in any of the above activities, Talocare holds the sole discretion to blacklist the professional and withhold any outstanding credits or payments to the professional.

  1. PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL WEBSITE & MOBILE APPLICATIONS USERS

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) solicit Service Users to mail cash or use other payment methods not specifically permitted by Talocare  as approved payment methods; (b) include links that do not conform to Talocare’s policies with respect to third-party links; (c) use certain types of HTML and JavaScript in Postings, your Profile page, your Offer page, or your Wants page; (d) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings; (e) use profanity in any Posting; (f) acknowledge or credit a third-party service professional for services or products directly connected with your particular Posting (1) with more than 10 words of text at HTML font size greater than 3 and/or a logo of 88X33 pixels (provided that you represent and warrant that you have the necessary rights, licenses, permissions and/or authorizations from the applicable third party to use that third party’s name and/or logo), (2) with any promotional material in connection with that third-party company, and/or (3) with a link to the third-party’s Website & Mobile Applications  with any information in addition to the Service provided via Talo care; (g) include third-party endorsements in a Posting; or (h) create a Posting that does not offer a Service.

  1. CONSENT FOR REACHING OUT VIA PHONE CALL, SMS, EMAIL OR ANY OTHER FORM OF ELECTRONIC COMMUNICATION

It is further clarified that your registration on the Website & Mobile Applications shall be deemed to be your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form

  1. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS

If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, Talo care, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Professional’s Account privileges; (c) suspend the Service Professional’s Account; (d) cause the Service Professional to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Professional’s status earned via the Feedback page.

  1. Rules for Service Users
  2. SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:

(a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service Professional’s terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by Talocare  in connection with the use or purchase of any Service.

  1. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS

If a Service User violates any of the above-referenced rules in connection with his or her Posting, Talo care, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User’s Account privileges; (c) suspend the Service User’s Account; and/or (d) decrease the Service User’s status earned via the Feedback page.

  1. Use of Submitted Content
  2. NO CONFIDENTIALITY

The Website & Mobile Applications may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, you’re Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Talocare does not guarantee any confidentiality with respect to any Submitted Content.

You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Website & Mobile Applications is provided on a non-proprietary and non-confidential basis. You agree that Talocare shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.

You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a doctor or a lawyer) is not extended to Talo care.

Talocare  may also disclose user information including personal information if Talocare  reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Talocare’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).

  1. YOUR REPRESENTATIONS AND WARRANTIES

You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Talocare  to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Website & Mobile Applications  and these Terms of Use; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Website & Mobile Applications  and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Website & Mobile Applications.

  1. YOUR OWNERSHIP RIGHTS AND LICENSE TO TALO CARE

You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to Talocare  for posting on the Website & Mobile Applications , you hereby grant, and you represent and warrant that you have the right to grant, to Talocare  a perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Website & Mobile Applications  and Talocare’s (and its successor’s) business operations, including without limitation, for the promotion and redistribution of any part or all of the Website & Mobile Applications , and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Website & Mobile Applications a non-exclusive license to access your Submitted Content through the Website & Mobile Applications, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Website & Mobile Applications and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete the Submitted Content from the Website & Mobile Applications.

You acknowledge and understand that the technical processing and transmission of the Website & Mobile Applications, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You may remove your Submitted Content from the Website & Mobile Applications at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.

  1. TALOCARE’S DISCLAIMERS AND RIGHT TO REMOVE
  2. Talocare does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and Talocare expressly disclaims any and all liability in connection with all Submitted Content. Talocare does not permit copyright infringing activities and infringement of intellectual property rights on the Website & Mobile Applications , and Talocare will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the “take down” notification procedure described in Section J below, that such Posting or Submitted Content infringes on another’s intellectual property rights. Talocare reserves the right to remove any Data or Submitted Content without prior notice. Talocare will also terminate a user’s access to the Website & Mobile Applications, if he or she is determined to be a repeat infringer. A repeat infringer is a Website & Mobile Applications user who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the Website & Mobile Applications more than twice. Talocare also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. Talocare may remove such Submitted Content and/or terminate a user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.
  3. You acknowledge and understand that when using the Website & Mobile Applications , you will be exposed to Submitted Content from a variety of sources, and that Talocare is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Talocare with respect thereto, and agree to indemnify and hold Talo care, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website & Mobile Applications .
  4. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website & Mobile Applications, or transmit to other Website & Mobile Applications users. You understand and agree that Talocare may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website & Mobile Applications users or others.
  5. SUGGESTIONS.

If you send or transmit any communications, comments, questions, suggestions, or related materials to Talo care, whether by letter, email, telephone, or otherwise (collectively, “Suggestions”), suggesting or recommending changes to the Website & Mobile Applications , including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Talocare is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that Talocare is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.

  1. Copyright Infringement Take Down Procedure

Talocare has high regard for intellectual property and expects the same level of standard to be employed by its users. Talocare may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website & Mobile Applications of users who infringe upon the intellectual property rights of others.

If you believe that your work has been copied and posted on the Website & Mobile Applications in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at Talocare2017@gmail.com

(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;

(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website & Mobile Applications , and information reasonably sufficient to permit Talocare  to locate the material.;

(iii) A written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;

(iv) Information reasonably sufficient to permit Talocare to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(v) An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and

(vi) A statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice.”

Only the intellectual property rights owner is permitted to report potentially infringing items through Talocare’s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

  1. Modifications to or Termination of Website & Mobile Applications
  2. MODIFICATION OR CESSATION OF WEBSITE & MOBILE APPLICATIONS

Talocare  reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website & Mobile Applications  (or any part thereof) with or without notice and in its sole discretion. You agree that Talocare shall not be liable to you or to any third party for any modification, suspension or discontinuance of Talocare services.

  1. TERMINATION BY TALO CARE

You hereby acknowledge and agree that Talo care, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website & Mobile Applications  or otherwise terminate your access to or participation in the use of the Website & Mobile Applications  (or any part thereof), or remove and discard any Submitted Content on the Website & Mobile Applications  (“Termination of Service”), immediately and without notice, for any reason, including without limitation, Account inactivity or if Talocare  believes or has reason to believe that you have violated any provision of the Terms of Use.

  1. TERMINATION BY YOU

You may cancel your use of the Website & Mobile Applications and/or terminate the Terms of Use with or without cause at any time by following the link in your Account under “Account Preferences” to “Deactivate Account.”

  1. EFFECT OF TERMINATION

Upon termination of your Account, your right to participate in the Website & Mobile Applications, including, but not limited to, you’re right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Website & Mobile Applications, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Website & Mobile Applications. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Talocare system.

Unless Talocare  has previously cancelled or terminated your use of the Website & Mobile Applications  (in which case subsequent notice by Talocare  shall not be required), if you provided a valid email address during registration, Talocare  will notify you via email of any such termination or cancellation, which shall be effective immediately upon Talocare’s delivery of such notice.

Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Talocare Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that Talocare shall not be liable to you or any third party for any termination of your access to the Website & Mobile Applications. Upon Termination of Service, Talocare retains the right to use any data collected from your use of the Website & Mobile Applications for internal analysis and archival purposes, and all related licenses you have granted Talocare hereunder shall remain in effect for the foregoing purpose. In no event is Talocare obligated to return any Submitted Content to you. Sections K, L, M, N, O, Q, R, S, T, U, V, W, and X, shall survive expiration or termination of the Website & Mobile Applications or your Account.

You agree to indemnify and hold Talo care, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Service.

  1. Intellectual Property Rights
  2. TALOCARE OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE & MOBILE APPLICATIONS

The content on the Website & Mobile Applications  (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by Talo care. Other trademarks, names and logos on this Website & Mobile Applications are the property of their respective owners.

Data on the Website & Mobile Applications  is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Talocare reserves all rights not expressly granted in and to the Website & Mobile Applications and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website & Mobile Applications for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website & Mobile Applications or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website & Mobile Applications or the Data therein.

  1. TALOCARE’S LICENSE TO YOU FOR THE USE OF DATA AND MARKS

The Website & Mobile Applications contains Talocare’s Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and Talocare owns and retains all rights in the Talocare Data and Marks. Subject to these Terms of Use, Talocare hereby grants you a limited, revocable, nontransferable, nonsublicensable license to reproduce and display the Talocare Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Website & Mobile Applications.

The Website & Mobile Applications may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.

  1. Talocare Fees
  2. FEES INCURRED BY SERVICE PROFESSIONALS

Joining Talo care, opening an Account, posting Services and viewing posted Services is free. Talocare reserves the right at its sole discretion to charge fees to Service Professionals for other services that Talocare may provide in the future.

Talocare  may also in certain categories require Service Professionals to make payments for following up on job leads i.e. requests posted by Service Users, and permitting the Service Professional to contact the Service User (“Lead Fee”) irrespective of whether the job leads eventually result in a transaction or exchange of consideration for the service requested. In order to be eligible to make such Lead Fee payment, Service Professionals shall be required to make advance payments (“Credits”) from which the Lead Fee may be deducted as and when necessary. Whenever the Credits fall below the prescribed threshold, the Service Professional shall be prompted to refill the Credits in order to continue enjoying the ability to follow up on leads and contacting Service Users.

The service professional is entitled to refund of credits that is credited back in their wallet in the following conditions:

  1. Refunds are processed when customer cancels request
    2. Refunds are processed if the customer has not viewed quote and not cancelled request 4 days after your response

In the event, (i) the job lead is identified to be non-genuine, or (ii) the Service User within 48 hours of posting a request on the Website & Mobile Applications  withdraws the same by way of the Website & Mobile Applications  or the mobile application only, or (iii) the Service Professional pays the Lead Fee to respond to the Service User’s request for service but the Service User does not open or access the Service Professional’s response, the Lead Fee shall be reimbursed to the Service Professional. The decision of Talocare pertaining to the above shall be final and binding.

Talocare offers premium services to Service Professionals for a fee and may in the future offer additional services, like tax preparation and bookkeeping that Service Professionals can also choose to purchase. Talocare reserves the right to charge fees for these services at its sole discretion.

  1. FEES INCURRED BY SERVICE USERS

Joining Talo care, opening an Account, and viewing posted Services, and bidding on posted Services is free. Talocare currently does not charge Service Users for transactions completed on the Website & Mobile Applications between Service Users and Services Professionals. However, Talocare reserves the right to charge a fee to Service Users in the future on a per-transaction basis or in any other manner, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after Talocare has provided you with thirty (30) days’ notice by posting the changes on the Website & Mobile Applications.

If applicable, you agree to pay all fees or charges to your Account based on Talocare’s fees, charges, and billing terms then in effect. If you do not pay on time or if Talocare cannot charge your credit card, any payment gateway or other payment method for any reason, Talocare reserves the right to either suspend or terminate your access to the Website & Mobile Applications and Account and terminate these Terms of Use. You are expressly agreeing that Talocare is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Website & Mobile Applications and the fees will be billed to your credit card, a payment gateway or other payment method designated at the time you make a purchase or register for a fee-based service. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Talocare may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. Talocare reserves its right to initiate appropriate legal proceedings, if necessary, in its sole discretion, to recover such outstanding amounts.

  1. TAXES

You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Professional who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that Talocare shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Professional.

  1. REFUND POLICY

All commissions payable to Talocare by Service Professionals on consummated transactions, i.e. exchange of services for consideration, are final and non-refundable.

All monies paid by Service Professionals in form of “Credits” are non-interest bearing and shall be refunded to the Service Professionals if they remain un-utilized for a period greater than 364 days only. Such amounts shall not be refunded prior to that.

  1. Negotiation of Terms of Service; Disputes between Registered Users
  2. NEGOTIATION WORKSHEET AND CONTRACT TEMPLATE

As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, Talocare provides a general framework for negotiating the terms of Service (e.g., rate) (“Negotiation Worksheet”). Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Negotiation Worksheet.

You should not rely on the any information or resources contained on the Website & Mobile Applications, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any professional, financial, legal or other advice or counsel. Talocare makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Website & Mobile Applications s, including, without limitation, the Negotiation Worksheet. In no way will Talocare be responsible for any actions taken or not taken based on the information or resources provided on this Website & Mobile Applications. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Website & Mobile Applications, however provided.

  1. TALOCARE IS NOT A PARTY TO ANY SERVICE CONTRACT

Each Registered User hereby acknowledges and agrees that Talocare is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website & Mobile Applications. Each Registered User acknowledges, agrees and understands that Talocare only seeks to provide a platform wherein the Service User and Service Professional can be brought together and Talocare itself has not role in the execution or provision of Services.

  1. NO AGENCY OR PARTNERSHIP

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Website & Mobile Applications, including without limitation, the Negotiation Worksheet or Agreement for Service. You do not have any authority whatsoever to bind Talocare in any respect. All Service Professionals are independent contractors. Neither Talocare nor any users of the Website & Mobile Applications may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

  1. DISPUTES BETWEEN REGISTERED USERS

Subject to the provisions regarding disputes between Website & Mobile Applications participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Website & Mobile Applications, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, service professionals and Service Users.

You understand that deciding whether to use the Services of a Service Professional or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that Talocare does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website & Mobile Applications and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While Talocare  may attempt to seek information about the background of a Service Professional, either via a telephonic or in-person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, personalised Website & Mobile Applications , LinkedIn, Twitter etc., you understand that Service Professionals may register themselves suo moto. You also understand that any so called background check undertaken by Talocare is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the Service User should take an informed decision on his/her own accord and keep in mind the fact that Talocare only seeks to provide a platform wherein Service Users and Service Professionals have an opportunity to meet each other.

NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SINCE TALOCARE  only seeks to provide a platform wherein the Service User and Service Professional can be brought together and Talocare  itself has not role in the execution or provision of Services ITSELF, TALO CARE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE WEBSITE & MOBILE APPLICATIONS, OR BETWEEN REGISTERED USERS OR ANY WEBSITE & MOBILE APPLICATIONS USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT TALOCARE IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE WEBSITE & MOBILE APPLICATIONS  USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE TALO CARE, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE & MOBILE APPLICATIONS  OR ANY SERVICE PROVIDED THEREUNDER.

  1. Dispute Resolution

If a dispute arises between you and Talo care, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Talocare hereby agree that we will resolve any claim or controversy at law and equity that arises out of the Terms of Use or the Website & Mobile Applications in accordance with this Section O or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at Talocare2017@gmail.com The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  1. GOVERNING LAW

The Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Haryana, India.

  1. Advertisements

Aspects of the Website & Mobile Applications and other Talocare services may be supported by advertising revenue. As such, Talocare may display advertisements and promotions on the service. The manner, mode and extent of advertising by Talocare on the Website & Mobile Applications are subject to change and the appearance of advertisements on the Website & Mobile Applications does not necessarily imply endorsement by Talocare of any advertised products or services. You agree that Talocare shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website & Mobile Applications.

  1. Third-party Links, Contact Forms and Phone Numbers

The Website & Mobile Applications  may provide, or third parties may provide, links, contact forms and/or phone numbers to other Website & Mobile Applications s or resources, including, without limitation, social networking, blogging and similar Website & Mobile Applications s through which you are able to log into the Website & Mobile Applications  using your existing account and log-in credentials for such third-party Website & Mobile Applications s. Certain areas of the Website & Mobile Applications  may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Website & Mobile Applications  to be shared with your contacts in your third-party site account. Because Talocare  has no control over such sites and resources, you acknowledge and agree that Talocare  is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such Website & Mobile Applications s or resources. Unless expressly stated on the Website & Mobile Applications, links to third-party sites should in no way be considered as or interpreted to be Talocare’s endorsement of such third-party sites or any product or service offered through them. You further acknowledge and agree that Talocare shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such Website & Mobile Applications or resource. The Third-party Website & Mobile Applications may have different privacy policies and terms and conditions and business practices than Talo care. In certain situations, you may be transferred to a Third-party Website & Mobile Applications through a link or connected to a Third-party resource by a contact form or phone but it may appear that you are still on this Website & Mobile Applications or transacting with Talo care. In these situations, you acknowledge and agree that the Third-party Website & Mobile Applications terms and conditions and privacy policy apply in this situation. Your dealings and communications through the Website & Mobile Applications with any party other than Talocare are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

  1. Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE WEBSITE & MOBILE APPLICATIONS SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND TALOCARE  AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE & MOBILE APPLICATIONS , THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE & MOBILE APPLICATIONS , ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE & MOBILE APPLICATIONS , INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE & MOBILE APPLICATIONS , THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE & MOBILE APPLICATIONS , DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE & MOBILE APPLICATIONS  IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHEREIS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TALOCARE  DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE & MOBILE APPLICATIONS  OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE & MOBILE APPLICATIONS  BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE & MOBILE APPLICATIONS , ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE & MOBILE APPLICATIONS  OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE & MOBILE APPLICATIONS . TALOCARE  DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE & MOBILE APPLICATIONS  OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. TALOCARE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  1. Limitations of Liability
  2. IN NO EVENT SHALL TALO CARE, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE WEBSITE & MOBILE APPLICATIONS OR ANY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS VIA THE WEBSITE & MOBILE APPLICATIONS , INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE & MOBILE APPLICATIONS , WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE WEBSITE & MOBILE APPLICATIONS IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE & MOBILE APPLICATIONS  OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE & MOBILE APPLICATIONS  BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE & MOBILE APPLICATIONS ; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE & MOBILE APPLICATIONS  OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE WEBSITE & MOBILE APPLICATIONS ; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROFESSIONAL; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE & MOBILE APPLICATIONS  OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE & MOBILE APPLICATIONS , WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TALOCARE  IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  3. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF TALO CARE, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE WEBSITE & MOBILE APPLICATIONS, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO TALOCARE BY YOU HEREUNDER.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT TALOCARE  SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT TALOCARE  SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN WEBSITE & MOBILE APPLICATIONS  USERS ENTERED INTO INDEPENDENTLY OF THE WEBSITE & MOBILE APPLICATIONS .

THE WEBSITE & MOBILE APPLICATIONS MAY CONTAIN LINKS TO THIRD-PARTY WEBSITE & MOBILE APPLICATIONS S THAT ARE NOT OWNED OR CONTROLLED BY TALO CARE. TALOCARE DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITE & MOBILE APPLICATIONS S. IN ADDITION, TALOCARE WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE WEBSITE & MOBILE APPLICATIONS, YOU EXPRESSLY RELIEVE TALOCARE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRDPARTY WEBSITE & MOBILE APPLICATIONS. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE & MOBILE APPLICATIONS THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE WEBSITE & MOBILE APPLICATIONS.

  1. FORCE MAJEURE

Neither Talocare nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

  1. Indemnification and Release

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TALO CARE, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE WEBSITE & MOBILE APPLICATIONS ; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOU’RE USE OF THE WEBSITE & MOBILE APPLICATIONS.

IF YOU HAVE A DISPUTE WITH ONE OR MORE WEBSITE & MOBILE APPLICATIONS  USERS, YOU FOREVER RELEASE TALOCARE  (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE & MOBILE APPLICATIONS  AND/OR ANY SUBMITTED CONTENT.

THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY TALOCARE WITHOUT RESTRICTION.

  1. No Third-party Beneficiaries

You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

  1. Notice

You agree that Talocare may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website & Mobile Applications.

  1. General Information
  2. ENTIRE TERMS OF USE

The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by Talocare on the Website & Mobile Applications, shall constitute the entire agreement between you and Talocare concerning the Website & Mobile Applications. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Talocare’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

  1. SECTION HEADINGS

The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.

© 20182018 Talocare India. All Rights Reserved

 

 

TALO CARE PRIVACY AND POLICY

 

This Terms of Use agreement was last updated: August 2nd 2018 This Privacy Policy agreement is effective as of: August 2nd 2018

Talocare India (“Talo care”) values your privacy. In this Privacy Policy (“Policy”), we describe the information that we collect about you when you visit our Website & Mobile Applications, www.Talo care.com (the “Website & Mobile Applications “) and use the services available on the Website & Mobile Applications (“Services”), and how we use and disclose that information.

If you have any questions or comments about the Privacy Policy, please contact us at Talocare2017@gmail.com. This Policy is incorporated into and is subject to the Talocare Terms of Use, which can be accessed at www.Talocare.in. Your use of the Website & Mobile Applications and/or Services and any personal information you provide on the Website & Mobile Applications remains subject to the terms of the Policy and Talocare’s Terms of Use.

In terms of the Information Technology (Intermediaries Guidelines) Rules, 2011 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, any grievance or complaint may be intimated to Sunil Jain, Grievance Officer, who may be reached at head office, Ward No.: 11, opposite of Saraswati School, Market Panipat, Haryana, India. The complaint shall be redressed within a period of 1 (one) month.

  1. STATUTE OF LIMITATIONS

You agree that any cause of action arising out of or related to the Website & Mobile Applications must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

  1. Collection of Your Personal Information
  2. COLLECTION OF PERSONAL INFORMATION

“Personal information” is defined to include information that whether on its own or in combination with other information may be used to readily identify or contact you such as: name, address, email address, phone number etc.

We collect personal information from Service Professionals offering their products and services. This information is partially or completely accessible to all visitors using Talocare’s Website & Mobile Applications or mobile application, either directly or by submitting a request for a service. Service Professionals and customers are required to create an account to be able to access certain portions of our Website & Mobile Applications, such as to submit questions, participate in polls or surveys, to request a quote, to submit a bid in response to a quote, and request information. – Service Professionals, if and when they create and use an account with Talo care, will be required to disclose and provide to Talocare  information including personal contact details, bank details, personal identification details (such as PAN card, Aadhar card, phonebook, call logs etc.) and participate in polls or surveys or feedbacks etc. Such information gathered shall be utilized to ensure greater customer satisfaction and help a customer satiate their needs. The type of personal information that we collect from you varies based on your particular interaction with our Website & Mobile Applications or mobile application.

Consumers: During the Account registration process and during your usage of Talocare’s Website & Mobile Applications or application, we will collect information such as your name, postal code, telephone email address and other personal information. You also may provide us with your, mailing address, and demographic information (e.g., gender, age, political preference, education, race or ethnic origin, and other information relevant to user surveys and/or offers). We may also collect personal information that you post in your Offer, Profile, Wants, or Feedback, and any comments or discussions you post in any blog, chat room, or other correspondence site on the Website & Mobile Applications or mobile application, or any comments you provide during dispute resolution with other users of the Website & Mobile Applications or mobile application.

Service Professionals: If you are a Service Professional and would like to post any information about yourself, we will require you to register for an Account. During the Account registration process, we will collect your business name, telephone number, address, zip code, and travel preferences, a description of your services, a headline for your profile, first and last name, and email address. Other information may also be required to be provided to Talocare whilst you avail and use Talocare’s Website & Mobile Applications or application. In addition, you may, but are not required to, provide other content or information about your business, including photographs and videos. We also may collect payment information, such as credit card information, from you.

Background Verification: The Service Professional acknowledges that as part of the on-boarding process, the Company or an entity /agency appointed or nominated by the Company (“Verifier”), may undertake background verification checks of the Service Professional in order to authenticate inter alia the genuineness and competency of the Service Professional. In light of the above, the Service Professional expressly consents to and acknowledges the following:

  • i) The Service Professional does not and will not have any objection to Talocare sharing the Service Professional’s personal information and documents, including but not limited to name, gender, date of birth, addresses, mobile number, email, education record, employment record, Aadhaar number, other government issued IDs such as Voter ID, PAN card, driving license etc. (collectively “Proprietary Information”) with the Verifier for the purpose of background checks and verification.
  • ii) The Service Professional authorizes the Verifier to securely store the Service Professional’s Proprietary Information on their platform and understands that the Verifier shall endeavor to ensure confidentiality of the same.
  • iii) The Service Professional acknowledges that the digital record of the Proprietary Information on the Verifier’s platform shall be accessible to Talocare  and Talocare  and their authorized users/partners/affiliates/contractors shall be entitled to access and update such digital record on the Verifier’s platform, including data, documents, certificates, verification reports, references, testimonials, etc. and shall be entitled to use the related services provided via the Verifier’s platform.
  • iv) The Service Professional acknowledges that if the Service Professional is desirous of editing and/or deleting its digital record from the Verifier’s platform, it shall be entitled to do so by sending an email to such email address of the Verifier which shall be immediately provided by the Company to the Service Professional, and in such a manner as the Verifier requires the same.
  • v) Talocare reserves its right to take appropriate actions (in its sole discretion) pursuant to the outcome of the background check and verification.

Talocare reserves the right to record the conversations between service professionals and consumers facilitated by Talocare through the messaging/chat mechanism on the platform or the calls made through the virtual numbers provided to safeguard the privacy of consumers and service professionals. All the chat/messaging logs or call recordings can be used to but not limited to monitor and prohibit abuse, safeguard the rights of consumers and service professionals, resolve disputes.

If we deem it necessary, in our sole and absolute discretion, we may also ask for and collect supplemental information from third parties, such as information about your credit from a credit bureau (to the extent permitted by law), or information to verify any identification details you provide during registration.

  1. COLLECTION OF PERSONAL INFORMATION FROM SOCIAL NETWORKING SITES

You may log into our Website & Mobile Applications through your Facebook account. If you do so, you must enter the email address and password that you use for your Facebook account. We will ask that you grant us permission to access and collect your Facebook basic information (this includes your name, profile picture, gender, networks, user IDs, list of friends, date of birth, email address, and any other information you have set to public on your Facebook account). If you allow us to have access to this information, then we will have access to this information even if you have chosen not to make that information public.

We store the information that we receive from Facebook with other information that we collect from you or receive about you.

Facebook controls the information it collects from you. For information about how Facebook may use and disclose your information, including any information you make public, please consult Facebook’s privacy policy. We have no control over how any third party site uses or discloses the personal information it collects about you.

  1. COLLECTION OF AUTOMATIC INFORMATION, USE OF COOKIES AND OTHER TRACKING DEVICES

We and our third party service providers, which include ad networks, use cookies, web beacons, and other tracking technologies to collect information about your use of our Website & Mobile Applications and Services, such as your browser type, your ISP or operating system, your domain name, your access time, the URL of the previous Website & Mobile Applications you visited, your page views, your IP address, and the type of device that you use. We also track how frequently you visit our Website & Mobile Applications and use our Services. We use this information (including the information collected by our third party service providers) for Website & Mobile Applications analytics (including to determine which portions of our Website & Mobile Applications are used most frequently, what our users like/do not like), to assist us in determining relevant advertising (both on and off our Website & Mobile Applications), to evaluate the success of our advertising campaigns, and as otherwise described in this policy. Currently, we do not honour browser requests not to be tracked.

We may obtain your device ID, which is sent to Talocare’s servers and used in fraud prevention efforts.

Cookies. We and our third party service providers collect information from you by using cookies. A cookie is a small file stored on user’s computer hard drive containing information about the user. The cookie helps us analyze web traffic or informs you about your use of a particular Website & Mobile Applications. Cookies allow web applications to respond to you as an individual, tailoring its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. When you visit the Website & Mobile Applications, we may send one or more cookies (i.e., a small text file containing a string of alphanumeric characters) to your computer that identifies your browser.

Some of these cookies may be connected to third-party companies or Website & Mobile Applications s. The terms of use of such cookies are governed by this Policy and the privacy policy of the relevant third party company or Website & Mobile Applications. For example, Google measures the performance of advertisements by placing cookies on your computer when you click on ads. If you visit the Website & Mobile Applications when you have such cookies on your computer, we and Google will be able to tell that you saw the ad delivered by Google. The terms of use of these cookies are governed by this Policy and Google’s Privacy Policy.

Disabling Cookies. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you disable cookies you may be prevented from taking full advantage of the Website & Mobile Applications because it may not function properly if the ability to accept cookies is disabled.

Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Website & Mobile Applications  to, among other things, track the activities of Website & Mobile Applications  visitors, help us manage content, and compile statistics about Website & Mobile Applications  usage. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

  1. THIRD PARTY DATA POLICY
  2. This app contains a software development kit (“SDK”) from a third party, Red Brick Lane Marketing Solutions Private Limited (“RBL”). The SDK is integrated with this app for the purposes of profiling the device on media consumption and other device data and utilizing the same to analyse media behaviour and/or target relevant content and ads to the device (“Services”) pursuant to the terms and conditions of RBL Services (“Terms of Use”). Further details can be obtained at http://www.zapr.in/privacy/
  3. If you do not wish for RBL to identify television, radio and other offline content viewing around your mobile device, please opt out of all RBL Services via the following link: http://www.zapr.in/privacy/
  4. RBL does not collect any personally identifiable information or audio/video / image/contact files from your mobile device. For any questions or clarifications please reach out to: privacy@zapr.in
  5. RBL also automatically receives and tracks certain data about your mobile device (such as your device-type, installed software and language preference) your taps and interests; and may create a unique device or user ID for you. In some cases RBL can automatically detect or infer your location using GPS, your IP address, watermarks, but often your operating system will require you to grant RBL permission to access your GPS; please refer to your device’s system settings regarding location services
  6. How Talocare Uses the Information We Collect
  7. HOW PERSONAL INFORMATION IS USED
  • We collect your personal information and aggregate information about the use of our Website & Mobile Applications and Services to better understand your needs and to provide you with a better Website & Mobile Applications experience. Specifically, we may use your personal information for any of the following reasons:
  • To provide our Services to you, including registering you for our Services, verifying your identity and authority to use our Services, and to otherwise enable you to use our Website & Mobile Applications  and our Services;
  • For customer support and to respond to your inquiries;
  • For internal record-keeping purposes;
  • To process billing and payment, including sharing with third party payment gateways in connection with Website & Mobile Applications  and/or Talocare’s products and Services;
  • To improve and maintain our Website & Mobile Applications  and our Services (for example, we track information entered through the “Search” function; this helps us determine which areas of our Website & Mobile Applications  users like best and areas that we may want to enhance; we also will use for trouble-shooting purposes, where applicable);
  • To periodically send promotional emails to the email address you provide regarding new products from Talocare, special offers from Talocare  or other information about Talocare  that we think you may find interesting;
  • To contact you via email, telephone, facsimile or mail, or, where requested, by text message, to deliver certain services or information you have requested;
  • For Talocare’s market research purposes, including, but not limited to, the customization of the Website & Mobile Applications  according to your interests;
  • We may use your demographic information (i.e., age, postal code, residential and commercial addresses, and other various data) to more effectively facilitate the promotion of goods and services to appropriate target audiences and for other research and analytical purposes;
  • To resolve disputes, to protect ourselves and other users of our Website & Mobile Applications  and Services, and to enforce our Terms of Use;
  • We also may compare personal information collected through the Website & Mobile Applications  and Services to verify its accuracy with personal information collected from third parties; and
  • We may combine aggregate data with the personal information we collect about you.
  • From time to time, Talocare may use personal information for new and unanticipated uses not previously disclosed in our Privacy Policy. If our information practices change regarding information previously collected, Talocare shall make reasonable efforts to provide notice and obtain consent of any such uses as may be required by law.
  1. Electronic Newsletters, Invitations, Polls and Surveys

At our sole discretion, Talocare may offer any of the following free services on the Website & Mobile Applications, which you may select to use or receive at your option. Certain of the following services may require you to provide additional personal information as detailed below:

  1. ELECTRONIC NEWSLETTERS

We may offer a free electronic newsletter to users. We will gather the email addresses of users who sign up for Talocare for the newsletter mailing list. Users may remove themselves from this mailing list by opting out of receiving newsletters during the registration process, by following the link provided in each newsletter that points users to a subscription management page where the user can unsubscribe from receiving newsletters or by changing their preferences in their Profile Settings page.

  1. “SEND TO A FRIEND”

Our Website & Mobile Applications users can voluntarily choose to electronically forward a link, page, or document to someone else by clicking “send to a friend.” To do so, the user must provide his or her email address, as well as the email address of the recipient. The user’s email address is used only in the case of transmission errors and, of course, to let the recipient know who sent the email. The information is not used for any other purpose.

  1. POLLING

We may offer interactive polls to users so they can easily share their opinions with other users and see what our audience thinks about important issues, Services, and/or the Website & Mobile Applications. Opinions or other responses to polls are aggregated and are not identifiable to any particular user. We may use a system to “tag” users after they have voted, so they can vote only once on a particular question. This tag is not correlated with information about individual users.

  1. SURVEYS

We may conduct user surveys from time to time to better target our content to our Website & Mobile Applications users. We will not share individual responses from these surveys with any third party. We will share aggregate data with third party service providers, partners, and other third parties. We also will post aggregate data containing survey responses on our Website & Mobile Applications; that data may be viewed and downloaded by other users of our Website & Mobile Applications.

  1. Security

We employ procedural and technological security measures, which are reasonably designed to help protect your personal information from unauthorized access or disclosure. Talocare may use encryption, passwords, and physical security measures to help protect your personal information against unauthorized access and disclosure. No security measures, however, are 100% complete. Therefore, we do not promise and cannot guarantee, and thus you should not expect, that your personal information or private communications will not be collected and used by others. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. Talocare is not responsible for the unauthorized use of your information or for any lost, stolen, compromised passwords, or for any activity on your Account via unauthorized password activity.

  1. Disclosure

We may share the information that we collect about you, including your personal information, as follows:

  1. INFORMATION DISCLOSED TO PROTECT US AND OTHERS

We may disclose your information including Personal Information if: (i) Talocare  reasonably believes that disclosure is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) disclosure would potentially mitigate our liability in an actual or potential lawsuit, (iii) reasonably necessary to enforce this Privacy Policy, our Terms of Use etc. (iv) disclosure is intended to help investigate or prevent unauthorized transactions or other illegal activities, or (v) necessary or appropriate to protect our rights or property, or the rights or property of any person or entity.

  1. INFORMATION DISCLOSED TO THIRD PARTY SERVICE PROVIDERS AND BUSINESS PARTNERS

We may contract with various third parties for the provision and maintenance of the Website & Mobile Applications , Services and our business operations, and Talocare  may need to share your personal information and data generated by cookies and aggregate information (collectively, “information”) with these vendors and service agencies. For example, we may provide your information to a credit card processing company to process your payment. The vendors and service agencies will not receive any right to use your personal information beyond what is necessary to perform its obligations to provide the Services to you. If you complete a survey, we also may share your information with the survey provider; if we offer a survey in conjunction with another entity, we also will disclose the results to that entity.

  1. DISCLOSURE TO NON-AFFILIATED THIRD PARTIES IN FURTHERANCE OF YOUR REQUEST

Your request for services may be shared with third party Website & Mobile Applications s with whom we have a contractual relationship in order to provide your request with maximum exposure. The post on the third party Website & Mobile Applications will include the details of your request, including your location, and other contact details. Interested bidders, however, will be able to click on your request on such third party site, and will be directed to our Website & Mobile Applications  where they will have access to your contact details (Partial or complete), as would any other service provider on our Website & Mobile Applications  interested in bidding on your request.

  1. DISCLOSURE TO OTHER USERS OF OUR WEBSITE & MOBILE APPLICATIONS

If you are a Service Professional, the information that you post (other than your payment information) is available to other users of our Website & Mobile Applications and our Services. Comments that users post to our Website & Mobile Applications also will be available to other visitors to our Website & Mobile Applications (see our discussion of User Generated Content below). In addition, we will post the results (in aggregate form) of surveys to our Website & Mobile Applications. If you are a consumer, name, and location, as well as the details of your request, are available to all visitors to our Website & Mobile Applications. Bidding professionals also will be permitted to see the consumer’s full name, telephone number, email address and the -location

  1. INFORMATION DISCLOSED TO LAW ENFORCEMENT OR GOVERNMENT OFFICIALS

We will disclose your information, including, without limitation, your name, city, state, telephone number, email address, user ID history, quoting and listing history, and fraud complaints, to law enforcement or other government officials if we are required to do so by law, regulation or other government authority or otherwise in cooperation with an investigation of a governmental authority.

  1. IN THE EVENT OF A CHANGE OF CONTROL OR BANKRUPTCY

In the event that Talocare  undergoes a change in control, including, without limitation, a merger or sale of all or substantially all of Talocare’s assets to which this Website & Mobile Applications  relates or other corporate reorganization in which Talocare  participates, and is thus merged with or acquired by a third party entity (a “Successor”), Talocare  hereby reserves the right to transfer the information we have collected from the users of the Website & Mobile Applications  and/or Services to such Successor.

In addition, in the event of Talocare’s bankruptcy, reorganization, receivership, or assignment for the benefit of creditors, or the application or laws or equitable principles affecting creditors’ rights generally, Talocare may not be able to control how your information is transferred, used, or treated and reserves the right to transfer the information we have collected from the users of the Website & Mobile Applications and/or Services to non-affiliated third parties in such event.

  1. INFORMATION DISCLOSED AT YOUR REQUEST

We may share your personal information with other Registered Users to whom you explicitly ask us to send your information or if you explicitly consent to such disclosure upon receipt of a specific Service. For instance, when you contract for a specific Service with another Registered User, Talocare  will send that Registered User a notice that includes the personal information that you have chosen to allow Talocare  to reveal to users with whom you contract.

  1. Links to External Website & Mobile Applications s

The Website & Mobile Applications may contain links to other Website & Mobile Applications s or resources over which Talocare does not have any control. Such links do not constitute an endorsement by Talocare of those external Website & Mobile Applications s. You acknowledge that Talocare is providing these links to you only as a convenience, and further agree that Talocare is not responsible for the content of such external Website & Mobile Applications s. We are not responsible for the protection and privacy of any information which you provide while visiting such external Website & Mobile Applications s and such sites are not governed by this Policy. Your use of any external Website & Mobile Applications is subject to the terms of use and privacy policy located on the linked to external Website & Mobile Applications.

  1. Updating, Deleting and Correcting Your Personal Information

You may choose to restrict the collection or use of your personal information in the following ways:

You can review, correct and delete your personal information by logging into the Website & Mobile Applications and navigating to your preferences page in “Edit Profile.” You must promptly update your personal information if it changes or is inaccurate. Typically, we will not manually alter your personal information because it is very difficult to verify your identity remotely. Nonetheless, upon your request we will close your Account and remove your personal information from view as soon as reasonably possible based on your Account activity and in accordance with applicable law. We do retain information from closed Accounts in order to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations of any Registered User, enforce our Terms of Use, and take any other actions otherwise permitted by law that we deem necessary in our sole and absolute discretion. You should understand, however, that once you publicly post a Request, Offer, Want, Feedback, or any other information onto the Website & Mobile Applications , you may not be able to change or remove it. Once we have deleted or removed your Account, you agree that Talocare shall not be responsible for any personal information that was not included within your deleted and/or removed Account that remains on the Website & Mobile Applications.

  1. What Choices Do I Have Regarding Use of My Personal Information?

We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your Account or any Services you have requested or received from us.

  1. Third-Party Ad Networks

We participate in third party ad networks that may display advertisements on other Website & Mobile Applications s based on your visits to our Site as well as other Website & Mobile Applications s. This enables us and these third parties to target advertisements by displaying ads for products and services in which you might be interested. Third party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third party cookies and other technologies are governed by each third party’s specific privacy policy, and not by Talocare’s Policy. We may provide these third-party advertisers with information about your usage of our Site and our services, as well as aggregate or non-personally identifiable information about visitors to our Site and users of our service.

  1. Your Full Name and Use of Talocare Information
  2. YOUR FULL NAME

As a Registered User of the Website & Mobile Applications you will select a Full Name during the registration process. All of your activities on the Website & Mobile Applications will be traceable to your Full Name. Certain other people, including other Registered Users with whom you have transacted business via the Website & Mobile Applications, can see a large part of your activity on the Website & Mobile Applications. If you book a service with a Registered User, cancel a scheduled service with a Registered User, receive an offer on your posted service from a Registered User, or have posted a service, Talocare may send a notice to you or the appropriate Registered User that includes your Full Name. Thus, if you associate your real name with your Full Name, the people to whom you have revealed your name may be able to personally identify your Website & Mobile Applications activities.

  1. USING INFORMATION FROM TALO CARE

The Website & Mobile Applications facilitates your sharing of personal information with others in order to negotiate, provide, and use the Services. If you agree to contract for a service with another Registered User, you may need to reveal your name, email, phone number, or personal address to that individual so that the service may be performed. Please respect the privacy of others. You agree to use the information of other users solely for the following purposes: (a) Talo care-transaction-related purposes; and (b) using Services offered through the Website & Mobile Applications.

  1. ACCOUNT PROTECTION

Your password is the key to your Account. When creating your password you should use unique numbers, letters, special characters, and combinations thereof. In addition, DO NOT disclose your password to anyone. If you do share your password or your personal information with others, you are solely responsible for all actions taken via your Account. If you lose control of your password, you may lose substantial control over your personal information and be subject to legally binding actions taken on your behalf. Thus, IF YOUR PASSWORD HAS BEEN COMPROMISED FOR ANY REASON, YOU MUST IMMEDIATELY NOTIFY TALOCARE TO CHANGE YOUR PASSWORD.

  1. User Generated Content

We invite you to post content on our Website & Mobile Applications, including your comments, feedback, pictures, and any other information that you would like to be available on our Website & Mobile Applications. If you post content to our Website & Mobile Applications, all of the information that you post will be available to all visitors to our Website & Mobile Applications. If you post your own content on our Website & Mobile Applications or Services, your posting may become public and Talocare cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.

  1. Privacy Policy Updates

THIS POLICY IS CURRENT AS OF THE EFFECTIVE DATE SET FORTH ABOVE. TALOCARE MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, CHANGE THIS POLICY FROM TIME TO TIME BY UPDATING THIS DOCUMENT. TALOCARE WILL POST ITS UPDATED POLICY ON THE WEBSITE & MOBILE APPLICATIONS ON THIS PAGE. TALOCARE ENCOURAGES YOU TO REVIEW THIS POLICY REGULARLY FOR ANY CHANGES. YOUR CONTINUED USE OF THIS WEBSITE & MOBILE APPLICATIONS AND/OR CONTINUED PROVISION OF PERSONAL INFORMATION TO US WILL BE SUBJECT TO THE TERMS OF THE THEN-CURRENT POLICY.

© 2018 Talocare  India. All Rights Reserved