(a) You must read, agree with and accept all of the terms and conditions contained in this Agreement in order to use our Website located at www.youngtumblers.com (the "Website") and related software and services (collectively with the Site, the "Youngtumblers Platform")
(b) The Website www.youngtumblers.com(hereinafter referred to as "Youngtumblers”), where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
Youngtumblers is an online platform where users can find services, which shall include, but are not limited to setting out their preferences in relation to the activities they wish to partake in and Customers can book these services or learn about these Services. Also, the users can consume the communication services enabled by the Service Provider. The Website works on the model of listing of Service Providers and enabling them to showcase their profile. Youngtumblers is a portal where the Service Providers, both agencies and freelancers will claim their own work. The Website shall take the amount as per the invoice of the event and after deducting a certain amount as commission shall give the remaining amount to the Service Provider. The portal only brings together the Service Providers and Customers.
a. "We", "Us", "Our", “Youngtumblers Platform” shall mean Youngtumblers the Website/the portal or the Company .
c. "You" or "User" shall mean any natural or legal person who has agreed to become a user of the Youngtumblers Platform by signing up to the Website. The Youngtumblers Platform also provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship. This shall also include Service Providers.
d. "Customer" shall mean any User who shall utilize the Youngtumblers Platform to request for Services to be performed by any Service Provider. From time to time, Youngtumblers may act as a Customer, and the terms and conditions of this Agreement applicable to Customers will apply to Youngtumblers when acting in this way.
e. "Service Provider" means any enterprise or individual User utilizing the Youngtumblers Platform to offer Services to Customers.
f. "Contract" means a particular project or set of ongoing tasks for which a Customer has requested Services to be offered by a Service Provider and the Service Provider has offered on the Youngtumblers Platform.
g. “Third Party” shall mean and refer to any individual(s), enterprise or entity apart from the Users and Youngtumblers.
h. "Services" shall mean and refer to the services offered on the site including but not limited to recreational, sporting, artistic , leisure activities or communications related services.
i. "Service Provider Fees" means a fixed fee which will be set by the Service Provider for which the customer can avail the services offered and this fee will be non-negotiable.
j. The terms “Party’ & ‘Parties” shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Youngtumblers Platform if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
To fully avail the services of the Website and use it, registration is required. Users can register on the Website either as Customers or as Service Providers. The Service Providers shall upload their team, work and Customer profile after registration. Youngtumblers shall approve the Users detailed profile after basic scrutiny of the Content and pictures. The Website, however, does not guarantee the authenticity of the claim of the work. One can register themselves on the Website by providing their first name, last name, username, email, mobile number and password. Notwithstanding the aforesaid, an individual can visit the Website however to avail such service, proper registration is required. Membership of this Website is available only to those above the age of 18 years. barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian and Youngtumblers reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its services. All information provided by the User, Customers and Service Provider must be true, accurate and complete. Youngtumblers reserves the right (but has no obligation) to verify any and all information provided on a User's profile. By registering on the Youngtumblers Platform, the User is attesting that he/she/it has the skills and ability to perform the requested Services by the deadline stated in the job posting or agreed upon. The User is solely responsible for ensuring and maintaining the secrecy and security of his/her Youngtumblers account password. The User agrees not to disclose this password to any third party and shall be solely responsible for any use of or action taken through the use of such password on Youngtumblers.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Youngtumblers Platform. The Parties agree that certain portions of these Terms (“Sections”), such as Sections 15, 16, 17, 18, 19& 23, 24, shall continue to remain in full force and effect indefinitely.
Youngtumblers reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the products and services offered on the Youngtumblers Platform , or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in the Clause hereinabove. Either party may terminate the Agreement at any time, with or without cause, effective immediately upon written notice to the other party (or by terminating or suspending User’s account), provided, that any such termination for convenience shall not affect the validity of any service Contracts that have been executed prior to termination and this Agreement with Service Providers shall continue to apply with respect to such service Contracts.
All information provided by Users or Service Providers are self declared and not verified by Youngtumblers. Any and all information posted by any User or Service Provider including but not limited to their photographs, videos, company name, Youngtumblers has the right to use this Content for promotions or marketing purposes.
Youngtumblers allows Users and Service Provider to contribute different kinds of Content, including photos and videos. You alone are responsible for Your Content posted on the Website. The User’s and Service Provider’s contributions to the Website should be unbiased and objective. Youngtumblers does not and cannot review all communications or Content uploaded to the Site and is not responsible for the Content, quality, or consequences of your uploading such communications or Content. Notwithstanding the foregoing, Youngtumblers shall delete/ remove/ modify/ block the content/ reviews if, the reviewer attempts to use any improper/ indecent/ abusive language or tries to defame any Service Provider for private/ personal/ professional reasons.
The User and Service Provider acknowledges and agrees that Youngtumblers may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any or all photographs, audio, video and text of Customer obtained through the Platform(s) to create marketing materials (collectively, "Content"), in whole or in part, in any manner or media as Youngtumblers sees fit. Content related to business photos and videos should be broadly relevant to the business and reflect the typical consumer experience (e.g., what the business looks like, what the business offers, etc.).If You post a photo or video that showcases a more unique personal experience with a business, We may remove it from the photo gallery for the business
Guidelines for uploading photos and videos:
Each User understands and agrees that:
Transactions on the Youngtumblers Platform are secure and protected. Any information entered by the User when transacting on the Youngtumblers Platform is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Platform in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Platform.
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us. ➢ You hereby certify that you are at least 18 years of age. ➢ You hereby agree to provide genuine credentials during the process of registration for the Platform. You shall not use a fictitious indentity to register. ➢ You agree that any Content posted by shall be unbaised and objective. You must also ensure that your contributions to the Website are relevant and appropriate to the Website. You alone are responsible for Your Content. ➢ You agree not to publicize other User’s private information without their consent. Such private information shall include but not be limited to closeup photos or videos, other User’s full names and address. ➢ You agree to ensure the email address and mobile number provided in your account registration is valid at all times and shall keep your contact information accurate and upto date. ➢ You agree that you are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. ➢ You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the the Youngtumblers Platform, including, without limitation to, any usage rules set forth in this Agreement. ➢You agree that all service Contracts between any Customer and Service Provider shall name Youngtumblers as an express third party beneficiary under the Service Contract (but not as a party to that agreement). ➢You agree to make no representations or warranties or enter into any contracts on behalf of Youngtumblers. Customer and Service Provider may agree to additional terms in their service Contract materially different than the Standard Terms; however, nothing in such service Contract will in any way limit or modify Youngtumblers's rights. ➢You recognize, acknowledge and agree that You are not an employee of Youngtumblers and that Youngtumblers does not, in any way, supervise, direct, or control Your work or Services. However the employees of Youngtumblers can also be Users;
➢You undertake not to:
● Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Youngtumblers Platform. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the Content for commercial or noncommercial purposes and unwarranted modification of data and information within the Content of the Website is not permitted. Should You want to engage in one or more such actions, prior permission from Youngtumblers must be obtained;
Confidential Information shall mean any information disclosed by the Customer on the Platform, related to the project. However, Confidential Information shall not include information that: (a) is now or subsequently becomes publicly known through no wrongful act or omission of the Service Providers or anyone to whom it discloses such information; (b) the Service Providers can demonstrate by its written records to have had rightfully in the Customers possession, free of restriction, prior to the date of this Agreement; (c) the Service Providers can demonstrate by its written records to have obtained on or after the date of this Agreement, rightfully and free of restriction, from a third party who has the right to transfer or disclose it, provided that it was not acquired, directly or indirectly, from the Customer; (d) the Service Providers can demonstrate by its written records to have been independently developed. All Service Providers using the Youngtumblers Platform acknowledge that certain information disclosed by Customer may be confidential and, if so, must be protected. All Confidential Information and its embodiments and derivatives shall remain the sole and exclusive property of the Customer and no license or other right with respect to Confidential Information is granted or implied hereby.
Except as otherwise expressly stated on the Website, all Services offered on the Website are offered on an "as is" basis without any warranty whatsoever, either express or implied. b) All commercial/contractual terms are offered by and agreed to between User and Service Providers alone. Youngtumblers disclaims all liability to either the Customer or the Service Provider or any person claiming for any breach of the terms of the Agreement based on the ratings, reviews or the work profile of Service Providers mentioned on Youngtumblers portal. c) The Company/Website makes no representations as to the reliability, capability, or qualifications of any Service Provider or the quality, security or legality of any Services and Youngtumblers disclaims any and all liability relating thereto. The Company/Website does not implicitly or explicitly support or endorse the procurement of any Service on the Website. d) The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and that he/she is using his/her best and prudent judgment before availing any Services listed on the Website, or accessing/using any information displayed thereon. e) The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself, any Service Providers or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any Product purchased or service availed of by the User from the Website. f) The Company/Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website. g) It is further agreed to by the Parties that the Contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Youngtumblers accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any product purchased or service availed of by the User from the Youngtumblers Platform. Users may be held legally responsible for damages suffered by other Users, Youngtumblers or any third party as a result of legally actionable or defamatory comments, remarks, or other information or Content posted to the Youngtumblers Platform. All Customers and Service Providers are to comply with all laws applicable to them or to their activities, and with all posted Youngtumblers Policies, which are hereby incorporated into this Agreement by reference. These policies may be modified from time to time at Youngtumblers 's discretion, and the currently effective policies will be deemed to be part of this Agreement. Youngtumblers is not legally responsible for any remarks, information or other Content posted or made available on the Youngtumblers Platform by any User or third party, even if such information or Content is defamatory or otherwise legally actionable. Youngtumblers is not responsible for and does not monitor or censor Content for accuracy or reliability. However, Youngtumblers reserves the right to remove or restrict access to any information or Content posted or made available on the Youngtumblers Platform if ordered to do so by a government authority or if Youngtumblers considers such information or Content to be in violation of this Agreement, or to be unlawful, immoral or harmful.
(a)All information, Content, services and software displayed on, transmitted through, or used in connection with the Youngtumblers Platform, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Youngtumblers Platform, and solely for your personal, noncommercial use. (b) You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Youngtumblers Platform, not to insert any code or product or manipulate the Content of the Youngtumblers Platform in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
We make no representation that materials or Content available through our Youngtumblers Platform is appropriate or available for use in all countries worldwide. (b) If You access or use the Youngtumblers Platform from a country or location where it is not appropriate or available, You are solely responsible for compliance with necessary laws and regulations for use of the Youngtumblers Platform.
We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website. We further reserve the right to withhold, remove and or discard any Content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement. (b) Youngtumblers has no obligation to provide You with a copy of the information You or any other User provides on the Youngtumblers Platform or that the Youngtumblers Platform has accessed. (c)Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Youngtumblers Platform. You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Youngtumblers Platform to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Youngtumblers Platform. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify and hold harmless the Company, its independent Service Providers, Service Providers and consultants, and their respective directors, officers, employees and agents (collectively, " Youngtumblers Parties"), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your access to or use of the Platform(s); (b) any Discussions or Messages you provide; (c) your violation of these Terms and Conditions; (d) your violation of any rights of another; (e) your conduct in connection with the platform(s); or (f) any products or services purchased or obtained by you in connection with the platform(s). You agree to fully cooperate in indemnifying Us at Your expense. Each Customer shall indemnify, defend and hold harmless the Indemnified Parties from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to: (i) such Customer’s use of Services, including without limitation claims by or on behalf of any Service Provider for Worker's Compensation or unemployment benefits; (ii) any Service Contract entered into between such Customer and a Service Provider; or (iii) any breach of their obligations set forth herein. Each Service Provider shall indemnify, defend and hold harmless the Indemnified Parties from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to: (i) such Service Provider's provision of Services, (ii) any Service Contract entered into between such Service Provider and a Customer; or (iii) any breach of their obligations set forth herein.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two step Alternate Dispute Resolution mechanism. 22.1 Step 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties. 22.2 Step 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of Bangalore, India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Bangalore. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Bengaluru, Karnataka, India and You hereby submit to the personal jurisdiction of such courts.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or send an email to email@example.com
Entire Agreement: The terms and conditions set forth in this Agreement and any additional or different terms expressly agreed by Customer and Service Provider shall constitute the entire agreement and understanding of Customer and Service Provider with respect to each Service Contract and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them. Notwithstanding the foregoing, the Customer and Service Provider shall always remain subject to the terms of the user Agreement. (b) Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement. (c) Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.