Allexpertz Private Limited, on behalf of itself and its affiliates/group companies under the brand “Allexpertz" is the author and publisher of the internet resource www. Allexpertz.com and the mobile application ‘Allexpertz’ (together, “Website”).
Allexpert owns and operates the services provided through the Website.
·         1.NATURE AND APPLICABILITY OF TERMS
Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www. Allexpertz.com/privacy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by Allexpertz. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Allexpertz 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 -
i.        A Expert or Service provider (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 Expert /Service provider or institutions (“Expert (s)”, “you” or “User”); or
ii.        A user, his/her representatives or affiliates, searching for Experts / Service providers through the Website (“End-User”, “you” or “User”); or
iii.        Otherwise a user of the Website (“you” or “User”).
This Agreement applies to those services made available by Allexpertz on the Website, which are offered free of charge to the Users (“Services”), including the following:
iv.        For Experts / Service providers: Listing of Experts / Service providers and their profiles and contact details, to be made available to the other Users and visitors to the Website;
v.        For other Users: Facility to (i) create and maintain Accounts’, (ii) search for Experts / Service providers by name, specialty, and geographical area, or any other criteria that may be developed and made available by allexpertz, and (iii) to make appointments with Experts / Service providers.
The Services may change from time to time, at the sole discretion of allexpertz, 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 admin@allexpertz.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 Allexpertz.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
vi.        the Indian Contract Act, 1872,
vii.        the (Indian) Information Technology Act, 2000, and
viii.        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”).
     2.CONDITIONS OF USE
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 Allexpertz 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.
  3.TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN EXPERTS / SERVICE PROVIDERS
The terms in this Clause 3 are applicable only to Users other than Experts / Service providers.
3.1END-USER ACCOUNT AND DATA PRIVACY
3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
3.1.2 Allexpertz 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 Allexpertz services and to build new services.
3.1.3 The Website allows Allexpertz to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Experts /Service providers and their practice.
 
3.1.4 The Privacy Policy sets out, inter-alia:
   i.        The type of information collected from Users, including sensitive personal data or information;
 ii.        The purpose, means and modes of usage of such information;
iii.        How and to whom Allexpertz will disclose such information; and,
iv.        Other information mandated by the SPI Rules.
3.1.5 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:
 v.        the fact that certain information is being collected;
vi.        the purpose for which the information is being collected;
vii.        the intended recipients of the information;
viii.        the nature of collection and retention of the information; and
ix.        the name and address of the agency that is collecting the information and the agency that will retain the information; and
 x.        the various rights available to such Users in respect of such information.
3.1.6 Allexpertz 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 Allexpertz or to any other person acting on behalf of Allexpertz.
3.1.7 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 Allexpertz of any actual or suspected unauthorized use of the User’s account or password. Although Allexpertz will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Allexpertz or such other parties as the case may be, due to any unauthorized use of your account.
3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Allexpertz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Allexpertz has the right to discontinue the Services to the User at its sole discretion.
3.1.9 Allexpertz may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
3.1.10 Against every Expert / Service provider listed in allexpertz.com, you may see a ‘show number’ option. When you choose this option, you choose to call the number through a free telephony service provided by Allexpertz, and the records of such calls are recorded and stored in Allexpertz servers. Such call will have an IVR message stating the purpose of recording your calls and your consent to such recordings which are dealt with as per the Privacy Policy. Such records may be accessed by Allexpertz for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by Allexpertz should be used only for appointment and booking purposes, and not for consultation on health-related or emergency issues. Allexpertz accepts no liability if the call facility is not used in accordance with the foregoing. Allexpertz may also choose to not use this facility and show the Experts /Service provider direct number. In case you choose to not provide your consent to recording your calls that may have personal information required for appointment and booking purposes, Allexpertz reserves the right to not provide the Services for which such personal information is sought.
 
 
 
3.2 RELEVANCE ALGORITHM
Allexpertz relevance algorithm for the Experts / Service providers is a fully automated system (except for premium paid experts / service providers) that lists the Experts / Service providers, their profile and information regarding their Practice on its Website. These listings of Experts / Service providers do not represent any fixed objective ranking or endorsement by Allexpertz. Allexpertz will not be liable for any change in the relevance of the Experts / Service providers on search results, which may take place from time to time. The listing of Experts / Service providers will be based on automated computation of the various factors including inputs made by the Users including their comments, rating and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Allexpertz in no event will be held responsible for the accuracy and the relevancy of the listing order of the Experts / Service providers on the Website.
3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1 Allexpertz collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Experts / Service providers listed on the Website, such as their specialization, qualification, fees, location, visiting hours, mode of consultation and similar details. Allexpertz takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Allexpertz screens and vets the information and photos submitted by the Experts / Service providers, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.3.2 The Services provided by Allexpertz 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). Allexpertz does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Allexpertz 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, Allexpertz 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 Allexpertz or any User in relation to any User or services provided by such User.
3.3.3 The Website may be linked to the website of third parties, affiliates and business partners. Allexpertz 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 Allexpertz endorses the linked site. User may use the links and these services at User’s own risk.
3.3.4 Allexpertz 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.
3.3.5 If Allexpertz determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Allexpertz reserves the right to immediately suspend your access to the Website or any of your accounts with Allexpertz and makes such declaration on the website alongside your name as determined by Allexpertz for the protection of its business and in the interests of Users. You shall be liable to indemnify Allexpertz for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Allexpertz or its Users.
3.3.6 The information published under the head of "Industry wide city-wise Pricing Graph" is derived from a benchmarking group that is determined to be relevant by Allexpertz in the relevant city. Allexpertz 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. Allexpertz is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.
 
3.4 BOOK APPOINTMENT AND CALL FACILITY
Allexpertz enables Users to connect with Experts / Service providers through 4 methods: a) Book facility that allows Users book an appointment through the Website; b) Telephonic services which connect Users directly to the Expert. c) Skype Service which connect user directly through expert / Service provider d) E-mail which help user to get reply from expert over the email.
3.4.1 Allexpertz will ensure Users are provided confirmed appointment on the Book facility. However, Allexpertz has no liability if such an appointment is later cancelled by the expert/ service provider, or the same expert / service provider is not available for appointment.
3.4.2 If a User has utilized the telephonic services, Allexpertz reserves the right to share the information provided by the User with the expert / service provider and store such information and /or conversation of the User with the expert / service provider, in accordance with our Privacy Policy.
3.4.3 The results of any search Users perform on the Website for expert / service provider should not be construed as an endorsement by Allexpertz of any such particular service provider / expert. If the User decides to engage with a service provider / expert r to seek advice /guidance, the User shall be doing so at his/her own risk.
3.4.4 Without prejudice to the generality of the above, Allexpertz is not involved in providing any advice, recommendation, guidance, consultation or medical advice and hence is not responsible for any interactions between User and the experts /service provider. User understands and agrees that Allexpertz will not be liable for:
xi.        User interactions and associated issues User has with the service provider / expert;
xii.        the ability or intent of the service provider / expert (s) or the lack of it, in fulfilling their obligations towards Users;
xiii.        any wrong advice, suggestion , consultation or quality of recommendation being given by the expert(s) / service provider, or any  negligence on part of the expert(s) / service provider;
xiv.        inappropriate advice, recommendation, guidance, consultation , or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the expert(s) / service provider to provide agreed Services;
xv.        any misconduct or inappropriate behaviour by the expert(s) / service provider or the staff;
xvi.        cancellation or no show by the expert / service provider or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed by service provider /expert.
3.4.5 Users is allowed to provide feedback about their experiences with the expert / service provider, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Allexpertz 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 expert / service provider from the Website.
3.4.6 In case of a ‘user no show where the User does not show-up /pick the call / available on Skype at the concerned expert /service provider as per appointment.
 
The whole booking amount will be charged and booking amount will not be refunded
xvii.        Allexpertz reserves the right to make the final decision in case of a conflict. The total aggregate liability of Allexpertz with respect to any claims made herein shall be INR 200.
3.4.7 Cancellation and Refund Policy
xviii.        In the event that, the Expert / service provider with whom User has booked a paid appointment via the Website, has not been able to meet/ call /Skype call the User, User will need to write to us at admin@allexpertz.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment / call / Skype call booked with a experts / service provider, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 3.4.6. However, where cancellation charges have been levied (as charged by the expert / service provider), you would not be entitled to refund even if you have cancelled beforehand.
xix.        Users will not be entitled for any refunds in cases where, the expert /service provider is unable to meet the User or call the user or Skype call the user at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the services from the said expert / Service provider.
3.5 NO EXPERT /SERVICE PROVIDER – USER RELATIONSHIP; NOT FOR EMERGENCY USE
3.5.1 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 medical or some other profession. The provision of such Information does not create a licensed medical professional/patient relationship, experts /user relationship between Allexpertz and you and does not constitute an opinion, medical advice, or suggestion, consultation or treatment of any particular condition, but is only provided to assist you with locating appropriate advice from a qualified expert / service provider.
3.5.2 IT IS HEREBY EXPRESSLY CLARIFIED THAT, THE INFORMATION ,SUGGESTION, CONSULTATION, RECOMMENDATION, ADVICE ,OPINION THAT YOU OBTAIN OR RECEIVE FROM ALLEXPERTZ.COM, AND ITS EMPLOYEES, CONTRACTORS, PARTNERS, EXPERT(S), SERVICE PROVIDER, SPONSORS, ADVERTISERS, LICENSORS OR OTHERWISE ON THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY. 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.
3.5.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
3.6 ONLINE CONSULT
3.6.1Definition.
Allexpertz Consult is a feature owned and provided by Allexpertz that allows Users & experts / service provider to communicate, either on unpaid mode or on paid mode, depending on the option chosen by the User. Further, Users may access this feature on Allexpertz’s platform to get assigned, for the purposes of consultation, to a expert / service provider whereby such experts are, by default, assigned through the system’s algorithm/software-program that finds the most available and accepting expert (s) / service provider (Except premium expert) or Users may choose experts /service providers of choice through the search options made available on allexpertz Website. The scope of this feature as detailed herein is collectively referred to as "Consult".
3.6.2 Terms for Users:
The Users expressly understand, acknowledge and agree to the following set forth herein below:
In the event the Users intend to consult a specific expert / service provider of choice, the same is facilitated through search options as made available on Allexpertz’s Website. In cases where Users cannot choose a expert /service provider (due to system setup), the system uses an algorithm/ software-program to find the most available and accepting expert / service provider.
The User agrees that by using online mode, the experts / service provider on Consult will not be conducting detail analysis of the Users, hence they may not have or be able to derive all important information. User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation.
User understands that the advice provided by the expert /service provider is based are general and practices prevalent in India, to the best of his knowledge and ability, and not for conditions which are territory specific for regions other than India, irrespective of where the User is procuring services or engaging in communication with the experts / service provider.
During the consultation and thereafter, the expert / service provider may upload the records of the User on the account of the User for access of the User. However, it is expressly clarified that for Users not located within India and expert may or may not be able to consult, at his sole discretion.
Notwithstanding anything contained herein, Allexpertz in no manner endorses any expert(s) /service provider that Users consult and is not in any manner responsible for any suggestion, consultation, opinion, advice, recommendation drug / medicines prescribed by expert / service provider.
If expert / Service provider responds to the User’s query, the system could trigger communications to the User, in the form of notification/ text /email /others. The User further understands that Allexpertz may send such communications like text messages/email/calls before and/or after expert /service provider consultation (physical or online) to User’s mobile number which is provided by expert /service provider, based on the expert’s settings. However and notwithstanding anything to the contrary in this Agreement, Allexpertz does not take responsibility for timeliness of such communications.
Consult, is merely a consulting model, any interactions and associated issues with the expert / service provider on Consult including but not limited to the User’s issues and/or the User’s experiences is strictly between the User and the expert /service provider. The User shall not hold Allexpertz responsible for any such interactions and associated issues.
The User hereby grants consent to Allexpertz to feature certain of Users queries posted free of cost and respective expert / service provider responses as posted by the User on Allexpertz Consult. Users further agree that any such information provided by the User will be subject to Allexpertz Privacy Policy.
There is a online consultation feature that is made available on website product This enables the User to pay and initiate a paid consultation with the expert / service provider.
Any conversations that the Users have had with the expert / service provider will be retained in Allexpertz database as per the applicable laws and subject to confidentiality.
User understands and agrees to provide accurate information, and will not use this platform for any acts that are considered to be illegal in nature.
If User decides to engage with a expert /service provider to procure medical services or engages in communication, exchange of money for services outside of Consult platform, User shall do so at their own risk. Allexpertz shall not be responsible for any breach of service or service deficiency by any experts / service provider.
The User agrees and understands that the transaction with the expert /service provider are subject to jurisdiction of Indian laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times. The User further agrees and understands that the Experts / Service Provider s listed on website are not verified and endorse by Allexpertz Pvt Ltd. It is understand tar Expert /Service provider is providing services in India and the onus is on the User to determine if he/ she is eligible to consult with the Experts /Service Provider via the Website. It is expressly clarified that at no point in time can it be construed that the Experts / Service Provider is practicing  in a territory other than India, irrespective of where the User is located and procures  services or engages in communication with the Experts / Service Provider, in any manner whatsoever.
The User shall indemnify and hold harmless Allexpertz and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Website by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.
If User decides to use the payment gateway to make payments online, it is solely at User's discretion. Should there be any issues with regard to the payment not reaching the respective Experts / Service Provider account, please reach out to admin@allexpertz.com.
 
3.6.3Cancellation and Refund Policy:
For cancellation and refund policy, read more.
3.6.4Express Disclaimers:
Consult is intended for general purposes only and is not meant to be used in emergencies/ serious illnesses / requiring physical consultation or making decisions. Further, if the Experts / Service provider adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the User, to book an appointment for physical examination and in-person consultation whether the same is with the Experts / Service provider  listed on the Website or otherwise. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, Allexpertz shall not be held liable.
Allexpertz is not a service provider, nor is it involved in providing any advice or consultation; it shall hence not be responsible and owns no liability to Users or Experts / Service provider for any outcome from the advice or consultation between the User and the Experts / Service provider.
Consult is a platform being made available to Users to assist them to obtain consultation from Experts / Service provider and does not intend to replace the physical consultation with the Experts / Service provider.
3.6.5 Terms for Experts / Service provider:
The Experts / Service provider shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Experts / Service provider, Allexpertz shall have the right to replace such Experts / Service provider for the purpose of consultation or advice to the User or remove such Experts / Service provider from the platform/Allexpertz application/site.
The Experts / Service provider understands and agrees that, Allexpertz shall at its sole discretion, at any time be entitled to, show as other Experts / Service providers available for consultation.
The Experts / Service providers further understands that, there is a responsibility on the Experts / Service providers  to treat the User, pari passu, as the Expert /Service Provider would have otherwise treated the User on a physical one-on-one consultation model.
The Experts / Service providers has the discretion to cancel any consultation at any point in time in cases where the Experts / Service providers feels, it is beyond his/her expertise or his/her capacity to advice the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Experts / Service providers. However, it is strongly recommended that the Experts / Service providers advise the User and explain appropriately for next steps.
The Experts / Service providers shall at all times ensure that all the applicable laws that govern the Experts / Service providers shall be followed and utmost care shall be taken in terms of the consultation being rendered.
The Experts / Service providers acknowledges that should Allexpertz find the Experts / Service providers to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then Allexpertz shall be entitled to cancel the consultation with such Experts / Service providers or take such other legal action as may be required.
The payment gateway option is being provided to the Users to make payment easier. In case wrong bank account details are provided by Experts / Service providers, Allexpertz will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact admin@allexpertz.com.
It is further understood by the Experts / Service providers that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Experts / Service providers privilege.
The Experts / Service providers understands that the certain Consult features (such as follow-up feature) shall be available only if the same has been enabled by the Experts / Service providers and that the maximum number of messages that Experts / Service providers can send and the number of days for which follow-up will be active for, shall be as set by the Experts / Service providers.
The Experts / Service providers understands that when a User books a time-slot with the Experts / Service providers for online consultation, the Experts / Service providers must comply with the time slot to the best of their availability. In case of delay, the Experts / Service providers must notify User to their best possible ability.
The Experts / Service providers understands that Allexpertz makes no promise or guarantee for any uninterrupted communication and the Experts / Service providers shall not hold Allexpertz liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by Allexpertz.
It shall be the responsibility of the Experts / Service providers to ensure that the information provided by User is accurate and not incomplete and understand that Allexpertz shall not be liable for any errors in the information included in any communication between the Experts / Service providers and User.
The Experts / Service providers shall indemnify and hold harmless Allexpertz and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the services provided by Experts / Service providers, violation of any law, rules or regulations by the Experts / Service providers or due to such other actions, omissions or commissions of the r Experts / Service providers that gave rise to the claim.
 
3.7 ALLEXPRTZ BLOG
3.7.1 Allexpertz Blog is an online content platform available on the website, wherein Experts / Service provider who have created a Allexpertz profile and Users who have created a allexpertz account can login and post content.
3.7.2 A User can use blog by visiting website, creating original content comprising text, audio, video, images, data or any combination of the same (“Content”), and uploading said Content to AllExpertz’s servers. Allexpertz will make available to the User a gallery of images licensed by Allexpertz from a third party image provider (“Allexpertz Gallery”). The User can upload their own images or choose an image from the Allexpertz Gallery. Allexpertz does not provide any warranty as to the ownership of the intellectual property in the Allexpertz Gallery and the User acknowledges that the User will use the images from the Allexpertz Gallery at their own risk. Allexpertz shall post such Content to Allexpertz blogs at its own option and subject to these Terms and Conditions. The Content uploaded via Allexpertz blog does not constitute medical advice or consultation and may not be construed as such by any person.
3.7.3 The User acknowledges that they are the original authors and creators of any Content uploaded by them via Allexpertz blog and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. Allexpertz 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. The User agrees to absolve Allexpertz from and indemnify Allexpertz against all claims that may arise as a result of any third party intellectual property right claim that may arise from the user’s uploading of any Content on Allexpertz blog. The User may not use the images in the Allexpertz Gallery for any purpose other than those directly related to the creation and uploading of Content to Allexpertz blog. The User also agrees to absolve Allexpertz from and indemnify Allexpertz against all claims that may arise as a result of any third party intellectual property claim if the User downloads, copies or otherwise utilizes an image from the Allexpertz Gallery for his/her personal or commercial gain.
3.7.4 The user hereby assigns to Allexpertz, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via Allexpertz blog.
3.7.5 Allexpertz shall have the right to edit or remove the Content and any comments in such manner as it may deem Allexpertz blog at any time.
3.7.6The User agrees not to upload Content which is defamatory, obscene or objectionable in nature and Allexpertz reserves the right to remove any Content which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve Allexpertz from and indemnify Allexpertz against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the User on Allexpertz blog.
3.7.7 A User may also use Allexpertz  blog in order to view original content created by Experts / Service providers and to create and upload comments on such Content, where allowed.
3.7.8 User acknowledges that the Content on Allexpertz blog reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of Allexpertz.
3.7.9 User agrees that the content they access on Allexpertz does not in any way constitute medical advice or recommendation 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 Allexpertz from and indemnify Allexpertz against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on Allexpertz.
3.7.10 The User acknowledges that all intellectual property rights in the Content on Allexpertz blog vests with Allexpertz. The User agrees not to infringe upon Allexpertz’s intellectual property by copying or plagiarizing content on Allexpertz blog. Allexpertz reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. All comments created and uploaded by the User on Allexpertz blog will be the sole intellectual property of Allexpertz. The User agrees not to post any comments on Allexpertz that violate the intellectual property of any other person. Allexpertz reserves the right to remove any comments which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve Allexpertz from and indemnify Allexpertz against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User’s uploading of any comment on Allexpertz blog.
3.7.11 User agrees not to post any comments which are defamatory, obscene, and objectionable or in nature and Allexpertz reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve Allexpertz from and indemnify Allexpertz against all claims that may arise as a result of any legal claim arising from the nature of the comments posted by the User on Allexpertz.
3.8CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.8.1The contents listed on the Website are (i) User generated content, or (ii) belong to Allexpertz. The information that is collected by Allexpertz directly or indirectly from the End- Users and the Experts /Service providers shall belong to Allexpertz. Copying of the copyrighted content published by Allexpertz on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Allexpertz reserves its rights under applicable law accordingly.
3.8.2 Allexpertz 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, "Allexpertz Content"), are the property of Allexpertz and are protected under copyright, trademark and other laws. User shall not modify the Allexpertz Content or reproduce, display, publicly perform, distribute, or otherwise use the Allexpertz Content in any way for any public or commercial purpose or for personal gain.
3.8.3User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.9 REVIEWS AND FEEDBACK
By using this Website, you agree that any information shared by you with Allexpertz or with any Expert / Service provider 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 Expert or other Service professionals. The role of Allexpertz in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Allexpertz 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. Allexpertz 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 Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, 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. Allexpertz, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Allexpertz 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 Allexpertz  services; and/or
Obtaining feedback in relation to any Expert /Service provider listed on the Website; and/or
Resolving any complaints, information, or queries by Expert / Service provider regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by Allexpertz. Allexpertz Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
·         3.10 RECORDS
Allexpertz may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘Allexpertz’. Information available in your Records is of two types:
 .        User-created: Information uploaded by you or information generated during your interaction with Allexpertz ecosystem, eg: appointment, order placed by you etc.
i.        Expert-created: Records generated by your interaction with a Service provider /Expert who use Allexpertz software.
The specific terms relating to such Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:
3.10.1Your Records is only created after you have signed up and explicitly accepted these Terms.
3.10.2 Any Expert created Record is provided on an as-is basis at the sole intent, risk and responsibility of the Expert /Service provider and Allexpertz does not validate the said information and makes no representation in connection therewith. You should contact the relevant Expert /Service provider in case you wish to point out any discrepancies or add, delete, or modify the Record in any manner.
3.10.3 The Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Allexpertz is not liable for any interruption that may be caused to your access of the Services.
3.10.4The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Expert /Service provider. Allexpertz is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Allexpertz app.
3.10.5 It is your responsibility to keep your correct mobile number and email ID updated in the Records. The  Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Allexpertz is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Allexpertz.
3.10.6 Allexpertz uses industry–level security and encryption to your Records. However, Allexpertz 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 Allexpertz of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to admin@allexpertz.com
3.10.7 If you access your dependents’ Records by registering your dependents with your own Records, you are deemed to be responsible for the Records of your dependents and all obligations that your dependents 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 your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Allexpertz assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Allexpertz and its officers against any such claim or liability arising out of unauthorized use of such information.
3.10.8 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 you’re Records stored by your Expert /Service provider will continue to be stored in their respective accounts.
3.10.9 You may lose your “User created” record, if the data is not synced with the server.
3.10.10If the Record is unassessed for a stipulated time, you may not be able to access your Records due to security reasons.
3.10.11 Allexpertz is not liable if for any reason, Records are not delivered to you or are delivered late despite its best efforts.
3.10.12The Records are shared with the phone numbers that are provided by your Expert /Service provider. Allexpertz is not responsible for adding the Records with incorrect numbers if those incorrect numbers are provided by the Expert / Service provider.
3.10.13 Allexpertz is not responsible or liable for any content, fact, Records, medical deduction or the language used in your Records whatsoever. Your Expert /Service provider is solely responsible and liable for your Records and any information provided to us including but not limited to the content in them.
3.10.14 Allexpertz has the ability in its sole discretion to retract Records without any prior notice if they are found to be shared incorrectly or inadvertently.
3.10.15 Allexpertz will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Records for any reason.
3.10.16 You agree and acknowledge that Allexpertz may need to access the Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
3.10.17 You acknowledge that the Experts /Service provider you are visiting may engage Allexpertz’s software or third party software for the purposes of the functioning of the Expert’s / Service provider’s business and Allexpertz 's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws.
3.10.18To the extent that your Records have been shared with Allexpertz or stored on any of the Allexpertz products used by Expert’s/ Service Provider’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Allexpertz pertaining to such previously visited Experts and who have tie ups with Allexpertz for the purposes of their business and for Allexpertz 's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Allexpertz, to the mapping of such Records as may be available in Allexpertz’s database to your User account.
3.11 Allexpertz Q&A
3.11.1 Terms for Practitioners / experts /service professional:
   i.        Every Expert/ Service provider on the Q&A Platform must be qualified in the area of expertise that he represents as being his qualification.
 ii.        The Q&A Platform is a platform for exchange of information which is of general nature in a question and answer format. The Q&A Platform is not for emergency situations.
iii.        Any Q&A interaction cannot be construed as a medical consultation with the Practitioner /Experts /Service providers, in any manner whatsoever.
iv.        Allexpertz Users may post questions on any issues (“Querist”), and these queries can be answered by multiple Experts /Service providers on the Q&A Platform. It is expressly clarified that no doctor-patient relationship or Expert –client relationship is established between the Querist and Experts / Service provider, in any manner whatsoever, by indulging in this Q&A.
 v.        The Expert /Service provider 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 medical advice or recommendation. The person in question (being Querist or not) is advised to consult with a doctor or speak with person with expertise in this regard.
vi.        Expert / Service provider shall not share their personal, religious and/or moral views with the Querist while issuing their response.
vii.        The Expert / Service provider cannot issue and/or prescribe any medicines on the Q&A platform. It is a platform for only exchange of information and not a consultation/ medical advice.
viii.        The Expert / Service is absolutely and expressly prohibited to:
 .     Provide a medical diagnosis;
a.    Issue a prescription;
b.    Post any response which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
c.    Advertise any brand of drugs, supplements, vaccines and medications, company, person , services in any manner of whatsoever;
d.    Advertise to/solicit user 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;
e.    Promote content and activities which are illegal in nature;
ix.        In the event of any breach of these QA T&C, Allexpertz will take appropriate action inter alia ranging from issuing warnings to removal of Expert /Service provider from the Q&A Platform, in its sole and absolute discretion, on a case to case basis.
 x.        Any liability arising out of the response issued by a Expert / Service provider will be borne solely by the Expert / Service provider. Q&A Platform is only a platform interface provided by Allexpertz for sharing and exchanging information purposes.
xi.        The Q&A Platform shall be audited on a regular basis by Allexpertz for ascertaining compliance by the Expert / Service provider to Paragraph 6, and the Expert / Service provider 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 Expert / Service provider.
xii.        All general Allexpertz Terms and Conditions shall govern the QA T&C to the extent applicable. Decision of Allexpertz is final and binding on the issues arising under the QA T&C and Allexpertz Terms and Conditions.
3.11.2 Terms for User/Querist:
xiii.        The personally identifiable information of the querist shall be anonymized by Allexpertz prior to posting the question on the Q&A Platform;
xiv.        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.
xv.        User shall not use the Q&A Platform for emergency situations.
xvi.        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;
xvii.        Any response provided by the Expert / Service shall not be construed as medical advice or recommendation or consultation 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.
xviii.        It is expressly clarified that no doctor-patient or user-expert relationship is established between the user and experts /service professional, in any manner whatsoever, by indulging in this Q&A. The expert / service professional may provide probable views, recommendations, suggestions and solutions to the question posted. However, it is expressly clarified that any such view, recommendation, suggestion are general and solution shall not be construed as medical, Career, Financial, Relationship advice or any other advice. The person in question (being Querist or not) is advised to consult with a competent person in this regard.
xix.        All general Allexpertz Terms and Conditions shall govern the QA T&C to the extent applicable. Decision of Allexpertz is final and binding on the issues arising under the QA T&C and Allexpertz Terms and Conditions.
3.14.3 Every time a User using (i) Android version 4.31 or above; or (ii) iOS version 4.24 or above of the Allexpertz mobile application; or (iii) the Allexpertz website (www.allexpertz.com), uses payment gateway to pay online for any of the Permitted Services availed by him/her, only such percentage of the total amount to be paid for the availed Permitted Services, as may be prescribed by Allexpertz from time to time on the respective Allexpertz mobile application or website ( www.allexpertz.com ), can be redeemed by such User using the Allexpertz per transaction.
 
4. TERMS OF USE EXPERTS / SERVICE PROFESSIONAL
The terms in this Clause 4 are applicable only to experts /service professional.
4.1 LISTING POLICY
 
4.1.1 Allexpertz, directly and indirectly, collects information regarding the experts / service professional profiles, contact details, and practice. Allexpertz reserves the right to take down any expert’s /service professional profile as well as the right to display the profile of the expert /service professional, with or without notice to the concerned expert /service professional. 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 Allexperz immediately to enable Allexpertz to make the necessary amendments.
4.1.2 Allexpertz shall not be liable and responsible for the ranking of the experts /service professional on external websites and search engines.
4.1.3Allexpertz 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 Allexpertz, where the User has expressly or implicitly consented to the making of disclosures or publications by Allexpertz. If the User had revoked such consent under the terms of the Privacy Policy, then Allexpertz 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 Allexpertz prior to its actual receipt of such revocation.
4.1.4 Allexpertz  reserves the right to moderate the suggestions made by the experts /service professional through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Allexpertz shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of experts /service professional are added to the Website.
4.1.5 Experts /service professional explicitly agree that Allexpertz reserves the right to publish the Content provided by experts /service professional to a third party including content platforms.
4.1.6When you are listed on Allexpertz.com, End-Users may see a ‘show number’ option. When End-Users choose this option, they choose to call your number through a free telephony service provided by Allexpertz, and the records of such calls are recorded and stored in Allexpertz’s servers. Such call will have an IVR message stating the purpose of recording your calls and your consent to such recordings which are dealt with as per the Privacy Policy. Such records may be accessed by Allexpertz for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to End-Users and to you by Allexpertz should be used only for appointment and booking purposes, and not for consultation on health-related issues. Allexpertz accepts no liability if the call facility is not used in accordance with the foregoing. In case you choose to not provide your consent to recording your calls that may have personal information required for appointment and booking purposes, Allexpertz reserves the right to not provide the Services for which such personal information is sought.
4.1.7 You as a experts /service professional 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 Allexpertz accepts no liability for the same.
 
4.2 PROFILE OWNERSHIP AND EDITING RIGHTS
Allexpertz ensures easy access to the experts / service professional by providing a tool to update your profile information. Allexpertz reserves the right of ownership of all the experts /service professional profile and photographs and to moderate the changes or updates requested by experts /service professional. However, Allexpertz 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 Allexpertz’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, Allexpertz may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF ALLEXPERTZ
4.3.1 All Critical Content is content created by the Users of www.ALLEXPERTZ.com (“Website”) and the clients of Allexpertz customers and experts / service professional, including the End-Users. As a platform, Allexpertz 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 Allexpertz and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. Allexpertz’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
4.3.2 Allexpertz reserves the right to collect feedback and Critical Content for all the experts /service professional, Service Providers listed on the Website.
4.3.3 Allexpertz  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.
4.3.4You understands that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Allexpertz shall not be liable for any effect on experts / service professional business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Allexpertz 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 Clauses 3.9 and 5 of these Terms.
4.3.5 Allexpertz 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.
4.3.6If Allexpertz determines that you have provided inaccurate information or enabled fraudulent feedback, Allexpertz reserves the right to immediately suspend any of your accounts with Allexpertz and makes such declaration on the website alongside your name/your profession as determined by Allexpertz for the protection of its business and in the interests of Users.
4.4 RELEVANCE ALGORITHM
Allexpertz  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 user. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Expert / Service professional (except for premium expert). Allexpertz shall not be liable for any effect on the Expert / Service professional business interests due to the change in the Relevance Algorithm.
4.5INDEPENDENT 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 Allexpertz.
4.6 ALLEXPERTZ REACH RIGHTS
Allexpertz 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, Allexpertz will not be liable for the accuracy of information or the claims made in the Sponsored ads. Allexpertz does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Allexpertz 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 Allexpertz accepts no liability for the same.
4.7 Allexpertz Blogs
4.7.1 Allexpertz Blogs is an online content platform available on the website, wherein Expert/ Service professional who have a Allexpertz profile and Users who have a account can login and post service related content.
4.7.2A Expert / Service professional can use blog by logging in from their profile, creating original content comprising text, audio, video, images data or any combination of the same (“as defined in Clause 3.7.2”), and uploading said Content to Allexpertz servers. The Expert /Service professional can upload their own images or choose an image from the gallery that Allexpertz provides. Allexpertz shall post such Content to Allexpertz blog at its own option and subject to these Terms and Conditions. The Content uploaded via Allexpertz blog does not constitute medical advice , recommendation, consultation and may not be construed as such by any person.
4.7.3The expert/ Service professional  acknowledges that they are the original authors and creators of any Content or comments uploaded by them via Allexpertz blog and that no Content or comment uploaded by them would constitute infringement of the intellectual property rights of any other person. Allexpertz reserves the right to remove any Content or comment which it may determine at its own discretion as violating the intellectual property rights of any other person. The Expert /Service professional agrees to absolve Allexpertz from and indemnify Allexpertz against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Experts /Service providers  uploading of any Content on Allexpertz blog. The Experts /Service professional also agrees to absolve Allexpertz from and indemnify Allexpertz against all claims that may arise as a result of any third party intellectual property claim if the Service professional / experts downloads an image from Allexpertz gallery and utilizes it for his/her personal or commercial gain.
4.7.4 The Expert / Service professional hereby assigns to Allexpertz, in perpetuity and worldwide, all intellectual property rights in any Content or comment created by the Experts /Service professional and uploaded by the Experts /Service professional via Allexpertz blog.
4.7.5 Allexpertz shall have the right to edit or remove the Content and any comments in such manner as it may deem fit at any time.
4.7.6The Experts /Service professional may also use Allexpertz  blog in order to view original content created by Users or other Experts /Service professional and also create and upload comments on such Content including their own content where allowed.
4.7.7 Experts / Service providers acknowledges that the content on Allexpertz blog reflects the views and opinions of the authors of such content and does not necessarily reflect Allexpertz views.
4.7.8 Experts /Service provider agrees not to post any comments or upload any Content which are defamatory, obscene, objectionable or in nature and Allexpertz reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The Expert /Service professional agrees to absolve Allexpertz from and indemnify Allexpertz against all claims that may arise as a result of any legal claim arising from the nature of the Content or the comments posted by the Expert /Service professional  on Allexpertz blog.
 
 4.8 BOOK APPOINTMENT, SKYPE , EMAIL AND CALL FACILITY
4.8.1 As a valuable partner on our platform we want to ensure that the Expert / Service professional experience on the Allexpertz booking platform is beneficial to both, Experts / Service provider and their Users.

4.9.2Expert /Service professional  understands that, Allexpertz 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 Expert /Service professional. 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 Allexpertz.
5.RIGHTS AND OBLIGATIONS RELATING TO CONTENT
5.1 As mandated by Regulation 3(2) of the IG Rules, Allexpertz 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;
ii.        harm minors in any way;
iii.        infringes any patent, trademark, copyright or other proprietary rights;
iv.        violates any law for the time being in force;
v.        deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vi.        impersonate another person;
vii.        contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
viii.        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.
o     5.2 Users are also prohibited from:
 .        violating or attempting to violate the integrity or security of the Website or any Allexpertz Content;
i.        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 Allexpertz;
ii.        intentionally submitting on the Website any incomplete, false or inaccurate information;
iii.        making any unsolicited communications to other Users;
iv.        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;
v.        attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
vi.        copying or duplicating in any manner any of the Allexpertz Content or other information available from the Website;
vii.        framing or hot linking or deep linking any Allexpertz Content.
viii.        circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
o     5.3 Allexpertz, 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 of Clauses 5.1 and 5.2. Allexpertz 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.
o     5.4In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Allexpertz 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.
o     5.5 Allexpertz 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 Allexpertz 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 Allexpertz as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Allexpertz or any person on its behalf and the User or where the User has consented to data transfer.
Allexpertz respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
·         6.TERMINATION
o     6.1 Allexpertz 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;
i.        A third party reports violation of any of its right as a result of your use of the Services;
ii.        Allexpertz is unable to verify or authenticate any information provide to Allexpertz by a User;
iii.        Allexpertz has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
iv.        Allexpertz believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Allexpertz or are contrary to the interests of the Website.
6.2Once 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 medical services the User has rendered in order to comply with the User’s record keeping process and practices.
7.LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Allexpertz, 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:
i.        provision of or failure to provide all or any service by Experts / Service providers to End- Users contacted or managed through the Website;
ii.        any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
iii.        any unauthorized access to or alteration of your transmissions or data; or
iv.        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).
8. RETENTION AND REMOVAL
Allexpertz 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.
9.APPLICABLE LAW AND DISPUTE SETTLEMENT
9.1 You agree that this Agreement and any contractual obligation between Allexpertz and User will be governed by the laws of India.
9.2 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 Allexpertz. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi. 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.
9.3 Subject to the above Clause 9.2, the courts at New Delhi 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.
10.CONTACT INFORMATION GRIEVANCE OFFICER
10.1 If a User has any questions concerning Allexpertz, the Website, this Agreement, the Services, or anything related to any of the foregoing, Allexpertz support can be reached at the following email address: admin@allexpertz.com or via the contact information available at contact us page.
10.2 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 admin@allexpertz.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 address.
11.SEVERABILITY
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.
12.DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND ALLEXPERTZ AND ITS OFFICERS, MANAGERS,  MEMBERS, DIRECTORS,  EMPLOYEES,  SUCCESSORS, ASSIGNS, SUBSIDIARIES,  AFFILIATES,  SERVICE  PROFESSIONALS/EXPERTS AND AGENTS DISCLAIM  ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH  THIS  WEBSITE,  THE SERVICES  OFFERED ON  OR THROUGH THIS  WEBSITE,  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, 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, THE SERVICES OFFERED ON OR THROUGH THIS   WEBSITE,   DATA,  MATERIALS,  SUBMITTED   CONTENT,  AND  ANY  INFORMATION  OR  MATERIAL  CONTAINED   OR PRESENTED ON THIS  WEBSITE 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.   ALLEXPERTZ DOES  NOT  PROVIDE   ANY  WARRANTIES   AGAINST   ERRORS, MISTAKES,  OR  INACCURACIES   OF  DATA,  CONTENT,  INFORMATION,   MATERIALS,   SUBSTANCE  OF  THE  WEBSITE  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 BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, 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 OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED,  OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. ALLEXPERTZ DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE  ADVERTISED OR OFFERED BY A THIRD   PARTY  THROUGH  THE  WEBSITE   OR  ANY  HYPERLINKED  SITE   OR  FEATURED IN   ANY  BANNER  OR  OTHER ADVERTISEMENT.  ALLEXPERTZ 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/EXPERTS  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.
13. LIMITATIONS OF LIABILITY
A.  IN  NO EVENT SHALL ALLEXPERTZ,  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 OR ANY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS/EXPERTS    VIA  THE   WEBSITE,   INCLUDING   SERVICES    PROVIDED   PURSUANT  TO   AN   AGREEMENT  FORMED INDEPENDENTLY  OF THE WEBSITE, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE WEBSITE IS IN EFFECT;  (II)   ERRORS,   MISTAKES,   OR  INACCURACIES   OF  DATA,   MARKS,   CONTENT,  INFORMATION,   MATERIALS   OR SUBSTANCE OF THE WEBSITE 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 BY ANY THIRD PARTY; (V) ANY INTERRUPTION  OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VI) ANY ERRORS OR OMISSIONS   IN  ANY DATA,  CONTENT,  INFORMATION,  MATERIALS  OR  SUBSTANCE  OF  THE  WEBSITE  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; (VIII) ANY DEFAMATORY, OFFENSIVE,  OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROFESSIONAL/EXPERT; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE  OR SUBMITTED  CONTENT POSTED, EMAILED, TRANSMITTED,  OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ALLEXPERTZ 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.
B.  IN  NO  EVENT SHALL THE  TOTAL,  AGGREGATE LIABILITY  OF  ALLEXPERTZ,  OR  ANY OF  THE  ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE WEBSITE, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO ALLEXPERTZ  BY YOU HEREUNDER.
YOU HEREBY ACKNOWLEDGE  AND AGREE THAT ALLEXPERTZ 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 ALLEXPERTZ 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 USERS ENTERED INTO INDEPENDENTLY OF THE WEBSITE.
 
YOU ARE STRONGLY ADVISED AGAINST RELYING SOLELY ON, OR MAKE DECISIONS BASED SOLELY ON ADVISE PROVIDED BY EXPERTS GUIDES OR SERVICE PROFESSIONAL. ALLEXPERTZ SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU WHATSOEVER.
 
USE OF THIS WEBSITE IS NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE ANY KIND OF MEDICAL EMERGENCY OR IF ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT. PLEASE GO TO THE NEAREST HOSPITAL OR HEALTH CARE PROVIDER.
 
THE WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY ALLEXPERTZ. ALLEXPERTZ DOES NOT HAVE ANY CONTROL OVER,  AND ASSUMES NO RESPONSIBILITY  FOR, THE CONTENT,  PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES.  IN ADDITION, ALLEXPERTZ  WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE WEBSITE, YOU EXPRESSLY  RELIEVE ALLEXPERTZ  FROM ANY AND ALL LIABILITY ARISING  FROM YOUR USE OF ANY THIRDPARTY WEBSITE. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE WEBSITE.
14 .WAIVER
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 Allexpertz. Any consent by Allexpertz to, or a waiver by Allexpertz 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.
 
  YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE
 

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