Agreement with Consultant

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available here (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by eAdvicer. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and eAdvicer in connection with your visit to the Website and your use of the Services (as defined below).

The Agreement applies to you whether you are -

• An Advisor or Consultant (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such Consultants or Organisations (“Consultant(s)”, “Service Provider”, “you” or “User”); or
• A Service Recipient, his/her representatives or affiliates, searching for Consultants through the Website (“End-User”, “you” or “User”); or
• Otherwise, a user of the Website (“you” or “User”).
  
  This Agreement applies to those services made available by eAdvicer on the Website, which are offered to the Users (with or without any charges) (“Services”), including the following:
• For Consultants: Listing of Consultants and their profiles and contact details, to be made available to the other Users and visitors to the Website;
• For other Users: Facility to (i) create and maintain ‘Transactional Accounts’, (ii) search for Consultants by Name, Specialty, Profession, Expertise, Experience and Geographical area, or any other criteria that may be developed and made available by eAdvicer, (iii) to make appointments with Consultants, (iv) to interact with the Consultants, and (v) to engage with the Consultants on the website.

  The Services may change from time to time, at the sole discretion of eAdvicer, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

  This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@eAdvicer.com.

  By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

  We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

  You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

  Your access to use of the Website and the Services will be solely at the discretion of eAdvicer. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

  • the Indian Contract Act, 1872,
  • the (Indian) Information Technology Act, 2000, and
  • the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to eAdvicer that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

1. END-USER ACCOUNT AND DATA PRIVACY

   The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy. eAdvicer may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of eAdvicer’s services and to build new services.

   The Website allows eAdvicer to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of scheduling meetings and for obtaining feedback in relation to the Consultants and their practice.

   The Privacy Policy sets out, inter-alia:

   • The type of information collected from Users, including sensitive personal data or information;
   • The purpose, means and modes of usage of such information;
   • How and to whom eAdvicer will disclose such information; and,
   • Other information mandated by the SPI Rules.

     The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:

   • The fact that certain information is being collected;
   • The purpose for which the information is being collected;
   • The intended recipients of the information;
   • The nature of collection and retention of the information; and
   • the name and address of the agency that is collecting the information and the agency that will retain the information; and
   • the various rights available to such Users in respect of such information.

     eAdvicer shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to eAdvicer or to any other person acting on behalf of eAdvicer.

     The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify eAdvicer of any actual or suspected unauthorized use of the User’s account or password. Although eAdvicer will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of eAdvicer or such other parties as the case may be, due to any unauthorized use of your account.

     If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or eAdvicer has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, eAdvicer has the right to discontinue the Services to the User at its sole discretion.

     eAdvicer may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

2. RELEVANCE ALGORITHM

   eAdvicer’s relevance algorithm for the Consultants is a fully automated system that lists the Consultants, their profile, the profile of their organisation and information regarding their Practice or work on its Website. These listings of Consultants or Organisation do not represent any fixed objective ranking or endorsement by eAdvicer. eAdvicer will not be liable for any change in the relevance of the Consultants on search results, which may take place from time to time. The listing of Consultants will be based on automated computation of the various factors including but not limited to inputs made by the Users including their comments and feedback, at the discretion of eAdvicer. Such factors may change from time to time, in order to improve the listing algorithm. eAdvicer in no event will be held responsible for the accuracy and the relevancy of the listing order of the Consultants on the Website.

3. LISTING CONTENT AND DISSEMINATING INFORMATION
   1. eAdvicer collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Consultants listed on the Website, such as their specialisation, qualification, fees, location, availability for meetings, and similar details. eAdvicer takes reasonable efforts to ensure that such information is updated at frequent intervals. Although eAdvicer screens and vets the information and photos submitted by the Consultants, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
   2. The Services provided by eAdvicer or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). eAdvicer does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. eAdvicer does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, eAdvicer disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by eAdvicer or any User in relation to any User or services provided by such User.
   3. The Website may be linked to the website of third parties, affiliates and business partners. eAdvicer has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that eAdvicer endorses the linked site. User may use the links and these services at User’s own risk.
   4. eAdvicer assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
   5. If eAdvicer determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, eAdvicer reserves the right to immediately suspend your access to the Website or any of your accounts with eAdvicer and makes such declaration on the website alongside your name/your Enterprise’s name as determined by eAdvicer for the protection of its business and in the interests of Users. You shall be liable to indemnify eAdvicer for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected eAdvicer or its Users.
   6. Certain parts of the statistical information published on the Website is derived from a benchmarking group that is determined to be relevant by EAdvicer in the relevant geography. eAdvicer has published this information for guidance purpose and does not have the ability to ascertain accuracy of the data based on which the information has been published and nor does it have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. eAdvicer is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.
4. SCHEDULE MEETING AND INTRODUCTORY CALLS FACILITY

   eAdvicer enables Users to connect with Consultants on the Website itself by scheduling the Video Conferencing meeting basis the Consultants availability as declared on the Website.

   • eAdvicer will ensure Users are provided confirmed meeting slot basis the availability as declared by the relevant Consultants on the Website. However, eAdvicer has no liability if such a meeting is later on cancelled or rescheduled by the Consultants, or the same Consultant is not available for the reserved meeting slot.
   • The results of any search Users perform on the Website for Consultants or Consulting Enterprise should not be construed as an endorsement by eAdvicer of any such particular Consultant or Consulting Enterprise. If the User decides to engage with a Consultant to seek consulting services, the User shall be doing so at his/her own risk.
   • Without prejudice to the generality of the above, eAdvicer is not involved in providing any advice and hence is not responsible for any interactions between User and the Consultant. User understands and agrees that eAdvicer will not be liable for:
     1. User interactions and associated issues User has with the Consultant;
     2. the ability or intent of the Consultant(s) or the lack of it, in fulfilling their obligations towards Users;
     3. any wrong advice or service being given by the Consultant (s), or any negligence on part of the Consultant (s);
     4. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Consultant to provide agreed Services;
     5. any misconduct or inappropriate behaviour by the Consultant;
     6. cancellation or no show by the Consultant or rescheduling of booked appointment or any variation in the fees charged.
   • Users are allowed to provide feedback about their experiences with the Consultant, however, the User shall ensure that the same is provided in accordance with applicable law. User however understands that, eAdvicer shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Consultant from the Website, etc.
   • In case of a User not showing up in the scheduled meeting, eAdvicer will have a right to levy such penalty / charges at its own discretion.
   • Cancellation and Refund Policy

     The terms of this clause shall apply in case of cancellation of Introductory calls scheduled by the User, keeping in mind the time slots declared by the Consultant or the Consulting Enterprise.

     eAdvicer will have sole right to make any amendment to this policy and should be in furtherance to the Terms and Conditions agreed by the user/ consultant while signing up.

     If the call is cancelled by the user:

     Between 48 to 24 hours of the scheduled timing	Full refund will be given
     Between 24 to 2 hours of the scheduled timing	50% of the fees paid is refunded
     2 hours or later to the scheduled timing	No refund will be given

     If the call is cancelled by the Consultant:

     Call cancelled till 2 hours before the scheduled timing	Full refund will be given to the user
     Call cannot be cancelled after 2 or less hours remaining for the scheduled time.
     For every call cancelled by the consultant, platform will charge a flat fee of Rs.100 as facilitation / co-ordination fees.

     In case, consultant is cancelling scheduled calls more than 3 times a month, platform would charge penalty equal to the introductory call fees charged by him/her for the said call (before discount).

5. PRIVITY
   1. Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the relevant Consulting profession. The provision of such Information does not amount to any Privity of Contract between the Users and eAdvicer, but is only provided to assist you with locating appropriate relevant Consultant and obtaining the required advice.
   2. It is hereby expressly clarified that, the Information that you obtain or receive from eAdvicer, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. Though we have taken reasonable steps to ensure the genuineness of the users and / or Consultants interacting on the platform, we make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
6. CONSULT – Click Here to view the Terms and Conditions for Consulting
7. Blogs

   These terms & conditions governing Blogs are applicable to Users (being both end-users/ Consultant or Consulting Enterprise). However, it is clarified that the terms and conditions herein applicable only to Consultants and applicable to Users are called out separately, as the context warrants.

   1. Blogs - an online content platform available on the Website, wherein Consultants who have created an eAdvicer profile can login and post such content that is relevant to the area of Consultation the relevant Consultant provides.
   2. Consultants can use Blogs by logging in from their account, creating original content comprising text, audio, video, images, data or any combination of the same (“Content”), and uploading said Content to eAdvicer’s servers. eAdvicer shall post such Content at its own option and subject to these Terms and Conditions. The Content uploaded via Blogs does not constitute professional advice and may not be construed as such by any person.
   3. Consultants acknowledges that they are the original authors and creators of any Content uploaded by them via Blogs and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. eAdvicer reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person, including but not limited to patent, trademark, copyright or other proprietary rights. Consultant agrees to absolve eAdvicer from and indemnify eAdvicer against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Consultant’s uploading of any Content on the Blogs.
   4. Consultant hereby assigns to eAdvicer, in perpetuity and worldwide, all intellectual property rights in any Content created by the Consultant and uploaded by the Consultant via Blogs.
   5. eAdvicer shall have the right to edit or remove the Content and any comments in such manner as it may deem at any time.
   6. Consultant shall ensure that the Content or any further responses to the Content (including responses to Users) is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner. Further, Consultant should ensure that the Content is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. eAdvicer reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time. Also, the Consultant agrees to absolve eAdvicer from and indemnify eAdvicer against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the Consultant as Blogs.
   7. Consultant shall ensure that no portion of the Content is violative of any law for the time being in force.
   8. Consultant shall ensure that the Content is not threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Consultant shall ensure that the Content will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.
   9. User may also use the Blogs in order to view original content created by Consultants and to create and upload comments on such Content, wherever allowed (“User Comment”).
   10. User acknowledges that the User Comment reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of eAdvicer.
   11. User agrees that the Content they access on Blogs does not in any way constitute professional advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the User. The User agrees to absolve eAdvicer from and indemnify eAdvicer against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on Blogs.
   12. User acknowledges that all intellectual property rights in the User Comment in Blogs vests with eAdvicer. The User agrees not to infringe upon eAdvicer’s intellectual property by copying or plagiarizing content on Blogs. eAdvicer reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. Also, User Comment will be the sole intellectual property of eAdvicer. The User agrees not to post User Comment that would violate the intellectual property of any third party, including but not limited to patent, trademark, copyright or other proprietary rights. eAdvicer reserves the right to remove any User Comment which it may determine at its own discretion as violating the intellectual property rights of any third party. The User agrees to absolve eAdvicer from and indemnify eAdvicer against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User Comment.
   13. User shall ensure that the User Comment is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner. Further, User should ensure that the User Comment is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. eAdvicer reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time. Also, the User agrees to absolve eAdvicer from and indemnify eAdvicer against all claims that may arise as a result of any legal claim arising from the nature of the User Comment.
   14. User shall ensure that the User Comment is not threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Consultant shall ensure that the User Comment will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.
8. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
   1. The contents listed on the Website are (i) User generated content, or (ii) belong to eAdvicer. The information that is collected by eAdvicer directly or indirectly from the End- Users and the Consultants shall belong to eAdvicer. Copying of the copyrighted content published by eAdvicer on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and eAdvicer reserves its rights under applicable law accordingly.
   2. eAdvicer authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "eAdvicer Content"), are the property of eAdvicer and are protected under copyright, trademark and other laws. User shall not modify the eAdvicer Content or reproduce, display, publicly perform, distribute, or otherwise use the eAdvicer Content in any way for any public or commercial purpose or for personal gain.
   3. User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
9. REVIEWS AND FEEDBACK

   By using this Website, you agree that any information shared by you with eAdvicer or with any Consultant will be subject to our Privacy Policy. You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Consultants or Consulting Enterprises. The role of eAdvicer in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. eAdvicer disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. eAdvicer shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms. Your publication of reviews and feedback on the Website is governed by these Terms. Without prejudice to the detailed terms, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. eAdvicer, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with these Terms. Your publication of reviews and feedback on the Website is governed by Clause __ of these Terms. Without prejudice to the detailed terms stated in Clause __, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. eAdvicer, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause ____ of these Terms. You agree that eAdvicer may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of: Obtaining feedback in relation to Website or EAdvicer’s services; and/or Obtaining feedback in relation to any Consultants listed on the Website; and/or Resolving any complaints, information, or queries by Consultants regarding your Critical Content; and you agree to provide your fullest co-operation further to such communication by eAdvicer. RECORDS eAdvicer may provide End-Users with a free facility to pull out critical information or records such as favourite Consultants, records of interactions, favourite Blogs, etc.

   1. Your Records are only created after you have signed up and explicitly accepted these Terms.
   2. Any financial information maintained by the User on the eAdvicer website is provided on an as-is basis at the sole intent, risk and responsibility of the relevant user / Consultant and eAdvicer does not validate the said information and makes no representation in connection therewith.
   3. It is your responsibility to keep your correct mobile number and email ID updated in the Website. The financial Records will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. eAdvicer is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with eAdvicer.
   4. eAdvicer uses industry–level security and encryption to your Financial Records. However, eAdvicer does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform eAdvicer of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@eAdvicer.com.
   5. If you access Financial records of the Enterprise/ Organisation you are associated with by registering such Enterprise / Organisation with your own Records, you are deemed to be responsible for such Enterprise / Organisations and all obligations that such Enterprise / Organisation would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of such Enterprise / Organisation and shall have right to share, upload and publish any sensitive information of such Enterprise / Organisation. eAdvicer assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify eAdvicer and its officers against any such claim or liability arising out of unauthorized use of such information.
   6. In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Records will be deleted, and your Records stored by your Consultants will continue to be stored in their respective accounts.
   7. You may lose your “User created” record, if the data is not synced with the server.
   8. To the extent that your Records have been shared with eAdvicer or stored on any of the eAdvicer products used by Consultant’s you are interacting with, and may in the past have interacted, You hereby agree to the storage of your Records by eAdvicer pertaining to such previous interactions for the purposes of their business and for eAdvicer's services including but not limited to the usage and for storage of Records (as defined herein) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with eAdvicer, to the mapping of such Records as may be available in eAdvicer’s database to your User account.

1. Terms for Consultants:
   • Every Consultant on the Q&A Platform must be qualified in the area of expertise that he represents as being his qualification.
   • The Q&A Platform is a platform for exchange of information which is of general nature in a question and answer format.
   • Any Q&A interaction cannot be construed as a professional consultation with the Consultant, in any manner whatsoever.
   • eAdvicer Users may post questions on issues (“Querist”), and these queries can be answered by multiple Consultants on the Q&A Platform. It is expressly clarified that this will not be deemed to be a binding arrangement between Users or Consultants or eAdvicer, in any manner whatsoever, by indulging in this Q&A.
   • The Consultant may provide probable views, recommendations, suggestions and solutions to the question posted by a Querist. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as a Professional advice.
   • 4.1.6. The Consultant is absolutely and expressly prohibited to: Provide a full stack fact based services/ deliverable / opinion; or Post any response which comprises of any derogatory language, objectionable, pornographic and /or offensive content; or Advertise any brand in any manner of whatsoever; or Advertise to solicit Users in any manner including without limitation by way of using social media handles, including without limitation, facebook, twitter etc., telephone/ mobile numbers, youtube, and address; or Promote content and activities which are illegal in nature. In the event of any breach of these QA T&C, eAdvicer will take appropriate action inter alia ranging from issuing warnings to removal of Consultant from the Q&A Platform, in its sole and absolute discretion, on a case to case basis.
   • Any liability arising out of the response issued by a Consultant will be borne solely by the Consultant. Q&A Platform is only a platform interface provided by eAdvicer for sharing and exchanging information.
   • The Q&A Platform shall be audited on a regular basis by eAdvicer for ascertaining compliance by the Consultant and the Consultants consent to the same. It is clarified that the said audit is not conducted for the purpose of quality check or validation of responses issued by Consultant.
   • All general eAdvicer Terms and Conditions shall govern the QA T&C to the extent applicable. Decision of eAdvicer is final and binding on the issues arising under the QA T&C and eAdvicer Terms and Conditions.
2. Terms for User/Querist:
   1. The personally identifiable information of the querist shall be anonymized by eAdvicer prior to posting the question on the Q&A Platform;
   2. Q&A Platform is a public forum for exchange of information, hence, any question posted by a querist is visible publicly. It is advisable for a User to ensure that no confidential information is published by them on the Q&A Platform.
   3. The User is prohibited to post any query/issue on the Q&A Platform, which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
   4. Any response provided by the Consultant shall not be construed as professional advice on the Q&A Platform. Q&A Platform is a platform for exchange of information which is of general nature in a question and answer format. This cannot be construed as a professional consultation with the Consultant, in any manner whatsoever.
   5. It is expressly clarified that there is no binding contract between Consultant and User, in any manner whatsoever, by indulging in this Q&A. The Consultant may provide probable views, recommendations, suggestions and solutions to the question posted. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as professional advice.
   6. All general eAdvicer Terms and Conditions shall govern the QA T&C to the extent applicable. Decision of eAdvicer is final and binding on the issues arising under the QA T&C and eAdvicer Terms and Conditions.

1. eAdvicer Wallet is a grant of benefit in the form of credits in the eAdvicer accounts of the Users (“eAdvicer Wallet”) in the form and under such circumstances decided by eAdvicer from time to time.
2. eAdvicer Wallet can be redeemed by the User only to pay online for the following services on the Website:
   • Introductory Call with the Consultant;
   • Subscription fee payment;
   • Engagement Fee payment;(The above services on the Website are collectively referred to as “Permitted Services”.)
3. eAdvicer Wallet neither can be converted to actual money nor can be transferred to any bank accounts.
4. The eAdvicer wallet received by each User may or may not have an expiry date associated with it and the said expiry date is subject to the following:
   • The expiry date associated with eAdvicer Wallet may vary from time to time. However, the same cannot exceed beyond 2 (Two) years
   • The expiry date of eAdvicer Wallet can be viewed by each User in the designated page for Wallet in the Website.
   • 5.4.4. The User acknowledges that eAdvicer has agreed to offer eAdvicer Wallet in its sole discretion.
   • Nothing in these Terms shall be interpreted to restrict eAdvicer’s right to withdraw the eAdvicer Wallet before the expiry date.
   • eAdvicer reserves its discretion to deny eAdvicer Wallet to any User in its sole discretion, notwithstanding compliance by such User of the requirements set out in the Terms, applicable law or otherwise.
   • Other than the conditions set out in these Terms, accrual, utilization, expiry or any other treatment of eAdvicer Wallet may be further restricted by the terms governing the specific service or facility offered by eAdvicer or its business associates, the procurement of which entitles eAdvicer Wallet to a User (“Wallet Terms”). In the event of any inconsistency between these Terms and the Wallet Terms in relation to accrual, utilization, expiry or any other treatment of EAdvicer Wallet by a User, the Wallet Terms shall override these Terms to the extent of such inconsistency.

The terms in this Clause are applicable only to Consultants.

1. LISTING POLICY
   1. eAdvicer, directly and indirectly, collects information regarding the Consultants’ profiles, contact details, and practice. eAdvicer reserves the right to take down any Consultant’s profile as well as the right to display the profile of the Consultants, with or without notice to the concerned Consultant. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform eAdvicer immediately to enable eAdvicer to make the necessary amendments.
   2. eAdvicer shall not be liable and responsible for the ranking of the Consultants on external websites and search engines.
   3. eAdvicer shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by eAdvicer, where the User has expressly or implicitly consented to the making of disclosures or publications by eAdvicer. If the User had revoked such consent under the terms of the Privacy Policy, then eAdvicer shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by eAdvicer prior to its actual receipt of such revocation.
   4. eAdvicer reserves the right to moderate the suggestions made by the Consultants through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, eAdvicer shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Consultants are added to the Website.
   5. Consultants explicitly agree that eAdvicer reserves the right to publish the Content provided by Consultants to a third party including content platforms, on need basis.
   6. You as a Consultant hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and eAdvicer accepts no liability for the same.
2. PROFILE OWNERSHIP AND EDITING RIGHTS

   eAdvicer ensures easy access to the Consultants by providing a tool to update your profile information. eAdvicer reserves the right of ownership of all the Consultant’s profile and photographs, Videos, documents and to moderate the changes or updates requested by Consultants. However, eAdvicer takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using eAdvicer’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, eAdvicer may modify or delete parts of your profile information at its sole discretion with or without notice to you.

3. REVIEWS AND FEEDBACK DISPLAY RIGHTS OF eAdvicer
   1. All Critical Content is content created by the Users of www.eAdvicer.com (“Website”) and the clients of eAdvicer customers and Consultants, including the End-Users. As a platform, eAdvicer does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of eAdvicer and other legal rights and obligations relating to the Critical Content are further detailed in these Terms.
   2. eAdvicer reserves the right to collect feedback and Critical Content for all the Consultants and Consulting Enterprises listed on the Website.
   3. eAdvicer shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
   4. You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. eAdvicer shall not be liable for any effect on Consultant’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. eAdvicer however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in these Terms.
   5. eAdvicer will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
   6. If eAdvicer determines that you have provided inaccurate information or enabled fraudulent feedback, eAdvicer reserves the right to immediately suspend any of your accounts with eAdvicer and make such declaration on the website alongside your name/your Enterprise’s name as determined by eAdvicer for the protection of its business and in the interests of Users.
4. RELEVANCE ALGORITHM

   eAdvicer has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the Users. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Consultants. eAdvicer shall not be liable for any effect on the Consultant’s business interests due to the change in the Relevance Algorithm.

5. INDEPENDENT SERVICES

   Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by eAdvicer.

6. eAdvicer REACH RIGHTS

   eAdvicer reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, eAdvicer will not be liable for the accuracy of information or the claims made in the Sponsored ads. eAdvicer does not encourage the Users to visit the Sponsored ads page or to avail any services from them. eAdvicer will not be liable for the services of the providers of the Sponsored ads. You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and eAdvicer accepts no liability for the same.

7. SCHEDULING THE INTRODUCTORY CALL AND CONFERENCING FACILITY
   • As a valuable partner on our platform we want to ensure that the Consultants experience on the eAdvicer booking platform is beneficial to both, Consultants and their Users. Consultant understands that, eAdvicer shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Consultant. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of eAdvicer.
8. CONSULTANT UNDERTAKING

   The Consultant is and shall be duly registered, licensed and qualified to practice the represented profession, as per applicable laws/regulations/guidelines set out by competent authorities and the Consultant shall not be part of any arrangement which will prohibit him/her from practicing the same. The Consultant shall at all times ensure that all the applicable laws that govern the Consultant shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.

9. USAGE IN PROMOTIONAL & MARKETING MATERIALS

   In recognition of the various offerings and services provided by eAdvicer to Consultant, Consultant shall (subject to its reasonable right to review and approve): (a) allow eAdvicer to include a brief description of the services provided to Consultant in eAdvicer’s marketing, promotional and advertising materials; (b) allow eAdvicer to make reference to Consultant in case studies, and related marketing materials; (c) serve as a reference to eAdvicer’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Consultant’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.

1. As mandated by Regulation 3(2) of the IG Rules, eAdvicer hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
   • belongs to another person and to which the User does not have any right to;
   • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
   • harm minors in any way;
   • infringes any patent, trademark, copyright or other proprietary rights;
   • violates any law for the time being in force;
   • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
   • impersonate another person;
   • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
   • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
2. Users are also prohibited from:
   • violating or attempting to violate the integrity or security of the Website or any eAdvicer Content;
   • transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by eAdvicer;
   • intentionally submitting on the Website any incomplete, false or inaccurate information;
   • making any unsolicited communications to other Users;
   • using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
   • attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
   • copying or duplicating in any manner any of the eAdvicer Content or other information available from the Website;
   • framing or hot linking or deep linking any eAdvicer Content;
   • circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
3. eAdvicer, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention. eAdvicer shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
4. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, eAdvicer has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
5. eAdvicer may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit eAdvicer to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by eAdvicer as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between eAdvicer or any person on its behalf and the User or where the User has consented to data transfer.
6. eAdvicer respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

1. eAdvicer reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
   • Such User breaches any terms and conditions of the Agreement;
   • A third party reports violation of any of its right as a result of your use of the Services;
   • eAdvicer is unable to verify or authenticate any information provide to eAdvicer by a User;
   • eAdvicer has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
   • eAdvicer believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for eAdvicer or are contrary to the interests of the Website.
2. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any services the User has rendered in order to comply with the User’s record keeping process and practices.

In no event, including but not limited to negligence, shall eAdvicer, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

1. provision of or failure to provide all or any service by Consultants to End- Users contacted or managed through the Website;
2. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
3. any unauthorized access to or alteration of your transmissions or data; or
4. any other matter relating to the Website or the Service.In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

eAdvicer may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

• You agree that this Agreement and any contractual obligation between eAdvicer and User will be governed by the laws of India.
• Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by eAdvicer. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Pune. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
• Subject to the above Clause 11.2, the courts at Pune shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

• If a User has any questions concerning eAdvicer, the Website, this Agreement, the Services, or anything related to any of the foregoing, eAdvicer customer support can be reached at the following email address: support@eAdvicer.com or via the contact information available from the following hyperlink:
• In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
  
  Name: Rishabh Gujarathi
  Tech Archie India Private Limited
  B 801, Suyog Leher, Kondhwa Road, Pune - 411048.
  Phone: +91 9405224455
  Email: rishabh.gujarathi@eAdvicer.com
  
  In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by eAdvicer. Any consent by eAdvicer to, or a waiver by eAdvicer of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Any interaction between Consultants (also referred to as Recipient Party for this clause) and Users (also referred to as Disclosing Party for this clause) on the platform shall be subject to the following terms (hereinafter termed as Non Disclosure Agreement) - The Recipient Party shall keep the Disclosing Party’s Confidential Information confidential and, except with the prior written consent of the Disclosing Party, shall not, and shall procure that its Representatives shall not:

• use the Confidential Information in any way except for the Purpose; or
• disclose or make available the Confidential Information in whole or in part to any third party, except as expressly permitted by this agreement; or
• Copy, reduce to writing or otherwise record the Confidential Information except as strictly necessary for the Purpose. The Recipient Party may only disclose the Disclosing Party’s Confidential Information to those of its Representatives who need to know this Confidential Information for the Purpose provided that:
• it informs these Representatives of the confidential nature of the Confidential Information before disclosure; and
• at all times, it is responsible for these Representatives' compliance with the obligations set out in this NDA.

• Interactions that a Consultant has on the platform is subject to Non Disclosure Agreement, for the Consultant being the recipient party. Any information shared by the User with the Consultant while interacting shall be kept confidential by the Consultant, perpetually. The information can be shared by the Consultant to any other party, except statutorily required, only upon obtaining a written consent for the same from the User being “Disclosing Party”.
• Our share of fee in the Introductory call shall be unilaterally decided by us and shall in no case exceed 80% of the total fee collected from the Users.
• The periodicity of settlement of Consultant’s account shall be unilaterally decided by us and shall in no case exceed 45 days.
• Consultant agrees to use the infrastructure provided by the platform only for the purpose of interaction with the users.
• Consultant abides by the condition that any engagement / Contract with the User shall only be undertaken on the platform, unless the Engagement / Contract module of the platform is NOT up and running.
• Consultant agrees to furnish such documents that the platform may ask for by updating the website which is required for appropriate conclusion of KYC verification process.
• Consultant agrees to intimate such information as may be required to update the Consultant KYC records maintained by the platform. Consultant shall be responsible for maintaining the latest and accurate KYC records with the platform.
• It shall be the Consultant’s responsibility to maintain the accurate time slots availability such that the Users are able to schedule the meetings with them.
• Consultant’s non-attendance on the scheduled meeting shall be subject to such damages/ penalty as the platform may decide unilaterally.
• Consultant’s actions on the platform are subject to misconduct/ fraud guidelines as the platform may decide.
• Misrepresentation as to the profile contents is strictly prohibited and shall be subject to such damages/ penalty as the platform may decide unilaterally.
• Subscription fees and fees for its renewal for listing on the platform shall be governed by the platform and Consultant shall abide by the same.
• Consultant abides by such terms as may be required for the purpose of adherence to the tax & regulatory laws in force at such point of time.
• Consultant agrees to share its Enterprise bank account details through the registered email ID and shall be responsible to keep that updated with eadvicer.